Person with broken arm

How Do I Know If I Have A Personal Injury Claim?

Experiencing a personal injury, such as an auto accident, slip and fall, truck accident, or rideshare accident, can be one of the most overwhelming experiences in a person’s life. After a life-changing accident, it’s not uncommon for a person to experience physical pain, emotional distress, and mounting medical bills, leading them to ask the question — can I file a personal injury claim?

What is a Personal Injury Claim?

A personal injury claim is a type of civil lawsuit that is filed when someone suffers harm or loss resulting from an emotional, physical, or psychological injury. In Ohio, an individual or business can be held liable for intentionally or negligently causing harm to another person.

Should I File a Personal Injury Claim?

Knowing whether or not you should file a personal injury claim isn’t always easy. Many people often blame themselves or feel as though the process will be too overwhelming and therefore not worth it. However, that’s not the case.

You may have a strong personal injury case if:

  • The person or business responsible for your injury was acting carelessly at the time of the incident;
  • Their negligence caused a personal injury;
  • The injury resulted in legitimate harm.

Knowing whether or not you should pursue a case can be difficult, especially with how complicated personal injury law is. However, the attorneys at Henderson, Mokhtari & Weatherly are here to help every step of the way. Whether you want to discuss your case and learn your options during a free consultation or you’re ready to file, we’ll take care of everything. The only thing you should have to focus on is recovering.

Statute of Limitations in Ohio

The statute of limitations refers to how long a person has to file a claim from the date of their accident. The goal of a statute of limitations is to ensure claims are filed promptly after an accident — if people were to file a claim several years or even decades after an accident, it would be difficult to find people involved in the accident, accident reports, and other pertinent information.

Every state has a different statute of limitations for personal injury accidents. Here in Ohio, the statute of limitations is:

  • Two years for personal bodily injury;
  • Two years for property damages;
  • Two years for injuries from defective products or warning labels;
  • One year for medical malpractice;
  • Two years for injuries occurring on someone else’s property.

If you miss this deadline, there is a good chance the courts will refuse to hear your case.

Receiving Compensation

Under Ohio law, you can receive compensation for a number of different reasons, including:

  • Current and future medical expenses;
  • Lost wages;
  • Interference with normal living;
  • Loss of earning capacity (if you’re no longer able to work);
  • Pain and suffering.

Lost wages, medical bills, and loss of earning capacity are all examples of economic damages — calculable expenses and losses that have an actual dollar amount attached to them. Pain and suffering would be a noneconomic damage, which is often subject to more scrutiny.

Understanding Shared Fault

Because accidents are rarely the sole fault of one person or company, Ohio has several shared fault laws on the books. If the person or business you are suing believes you are partially to blame for the accident, it can affect the amount of compensation you’re awarded.

Ohio’s “modified comparative negligence rule,” states that whatever percentage of guilt you are responsible for, the amount of compensation you receive will be reduced by that amount (so long as your fault amount is not more than 50 percent).

At Henderson, Mokhtari & Weatherly, we can provide the legal representation you need for your personal injury case. We care about what happens in your case. To learn more about our team, call us at (216) 220-6776 or contact us online today.