Personal Injury Law in Cleveland, OH

Were you hurt due to another’s negligence in Cleveland? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Cleveland, OH can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Cleveland relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Cleveland, OH

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Cleveland 

According to the 2018 Cuyahoga County Community Health Assessment, the strongest indicator of health status that Cleveland officials have, is poverty. About one-third or 35% of Cleveland’s population lives below the poverty line. As a result, these poorer residents were significantly more likely to die of cardiovascular disease, a drug‐induced death, or become a homicide victim. Across Cleveland, pre-existing health make up the vast majority of emergency room visits, along with falls, motor vehicle accidents, and poisonings.

Steps in a Personal Injury Lawsuit in Cleveland, OH

Once you determine that you wish to proceed forward with a personal injury action in Ohio

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

When an Ohio personal injury lawsuit is filed, the case goes through several phases. These phases include service of the defendant, discovery (which could include depositions), exchange of expert witnesses and reports on depositions. Then finally, if no settlement can be reached, you may proceed to trial.

Ohio Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations. As opposed to going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

With nearly one third of Cleveland’s population living below the poverty line, it’s difficult to find an average personal injury settlement amount. On average, communities in Cleveland are more afflicted by preexisting conditions, which could lead to less personal injury cases. However, Jury Verdict Research found the median personal injury verdict in Ohio is only about $13,000, but the average verdict in Ohio is nearly $304,000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in OH, that means you risk not receiving any compensation at all.

Damage Awards in Ohio

If your Ohio personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Ohio, non-economic damages are capped at $250,000 or three times the economic damages. There is a maximum of $350,000 per person and $500,000 per incident. In addition, there are caps on punitive damages in Ohio, but that does not affect most Cleveland personal injury cases.

Statute of Limitations in Cleveland, OH Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Ohio, the statute of limitations for personal injury cases gives an injured person in Cleveland two years from the date of the injury to file a lawsuit against those responsible.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Cleveland, OH Lawyer

Pursue a personal injury claim in Cleveland against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Ohio state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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