Personal Injury Law in Toledo, OH

Were you hurt due to another’s negligence in Toledo? 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 Toledo, 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 Toledo 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 Toledo, 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 Toledo 

According to a Lucas County Health Assessment, 29.8% of the 333,429 crashes in five years resulted in an injury. The majority of crashes investigated by the county related to property damage, and only 2,510 involved a fatality. It may alarm you to know that 32% of adults reported driving after drinking in Lucas County.

Steps in a Personal Injury Lawsuit in Toledo, 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.

Before going to trial for your Ohio injury case, your pre-trial mediation occurs between your side and the defendant. Negotiations can start at any point during the process, but this is the last opportunity to end the lawsuit without a trial. Without an agreement, a judge and jury is the next step.

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. In fact, you may wonder how much you should seek in your settlement and factors that impact the final amount.

Damages awarded in Ohio for personal injury lawsuits vary depending on the nature of the case. However, recent precedents do exist to consider. Begin by calculating your medical expenses, lost wages, and property damage. Ohio Rev. Code § 2315.21(D) states that punitive damages only happen after proving that the defendant acted with “aggravated or egregious fraud.”

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. Typically, 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. Therefore, 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 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. 

Ohio has caps that limit non-economic damages to whatever is larger: three times the damages or $250,000. Additionally, if a lawsuit only involves one plaintiff, that number increases to $350,000. For cases with multiple plaintiffs, the cap is $500,000.

Statute of Limitations in Toledo, 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.

Ohio only gives individuals two years to file a lawsuit for personal injury. Residents of Toledo must act fast to receive the compensation they deserve.

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 Toledo, OH Lawyer

Pursue a personal injury claim in Toledo 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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