After an injury caused by someone else’s negligence, emotions can run high, leaving you unsure what to do next. Pursuing a personal injury claim can feel overwhelming, but it’s a way to seek accountability and support your recovery. While the physical and emotional scars may remain, compensation can help cover medical bills, lost wages, and emotional distress. Understanding how to navigate through this complex landscape effectively is crucial, empowering you to claim what you rightfully deserve. By gaining the right knowledge, you can turn a painful experience into an opportunity for healing and justice, securing a more stable future.
What Constitutes a Personal Injury Claim?
A personal injury claim arises when you suffer harm due to someone else’s negligence. This can include car accidents, slips and falls, medical malpractice, and much more. In Ohio, the law allows you to seek compensation for physical injuries, emotional distress, and financial losses.
Statute of Limitations in Ohio
With some notable exceptions in Ohio, the statute of limitations for filing a personal injury claim is generally two years from the incident date. A notable exception is that medical malpractice claims must be brought within one year of the date of the medical event. Missing this deadline can result in losing your right to compensation. Therefore, acting promptly and consulting with an attorney as soon as possible is crucial.
Understanding Economic Damages
Medical Bills
The recoverable amount for your medical bills can often become a point of contention. In 2006, the Ohio Supreme Court ruled that while injured plaintiffs may present evidence of the amount charged for their medical treatments, the negligent defendant may counter with the lesser amount paid under a separately negotiated contract between health insurance carriers and hospital networks. Adjustments often incorporate these lesser amounts on the medical bill. This ruling can result in widely varying values for the same bill between plaintiffs and defendants. The Ohio Supreme Court thus shifted the benefit of having health insurance from the plaintiff to the defendant, giving defendants a discount for the contractual adjustments despite plaintiffs paying for their health insurance.
Lost Wages
Other economic damages include payment for any wages you may have lost from missing work due to your injuries or attending appointments. It’s crucial to document dates when you missed work, the reasons, and the wages you would have earned. Evidence supporting a claim for lost wages can include pay stubs, tax documents, business records from your employer, and doctors’ notes.
Subrogation
Suppose an insurance company or government agency, such as Medicaid, Medicare, or the Bureau of Workers’ Compensation, paid for your medical bills or lost wages. In that case, those payment sources may have a right to recover or a right of reimbursement of that payment from your settlement or verdict. This right to recovery is known as subrogation. Remember that subrogation may offset some of your recovery when considering the value of your economic damages.
Delving into Noneconomic Damages
Pain and Suffering
Noneconomic damages compensate you for pain and suffering. Placing an exact monetary figure on the value of your pain can be nearly impossible. Some of the most severe injuries sustained in accidents can shorten a person’s life expectancy and detrimentally impact their ability to enjoy the life they have lived. In contrast, even minor injuries can result in a lifetime of painful consequences.
Damage Caps
Ohio’s Congress has placed a $250,000 cap on noneconomic damages unless the injury resulted in a permanent and substantial physical deformity, the loss of use of a limb or bodily organ system, or the ability to independently care for and sustain oneself. A plaintiff may also recover three times their economic damages if that amount exceeds the $250,000 cap. For instance, if a plaintiff sustained $75,000 in medical bills and $25,000 in lost wages, the noneconomic damages would not exceed $300,000 because ($75,000 + $25,000) x 3 = $300,000.
Jury Awards
Most accidents that result in injuries are subject to the cap on noneconomic damages, and juries often award noneconomic damages well below the cap. Although these caps offer some guidance on the maximum value of a personal injury case under Ohio law, discussing the specific facts of your accident and injury with an experienced attorney is crucial to determining your case’s potential value.
Recovering Damages
Insurance Policies
No matter the value of your case, you can only recover what the negligent party has available. In Ohio, the primary source of recovery is the negligent party’s insurance. Drivers must have insurance that covers liability for their negligence. Many businesses and property owners also have insurance for injuries on their premises, including liability insurance and non-fault provisions such as medical payments coverage for out-of-pocket expenses. These policies usually have limits that determine the amount claimants can receive under the defendant’s insurance policy. Most policies limit the amount recoverable per person and per accident.
Uninsured and Underinsured Motorist Coverage
Imagine you sustain injuries in a car accident caused by an uninsured, negligent driver or in a hit-and-run scenario with no driver information. In that case, you may be able to claim damages under your insurance policy’s Uninsured Motorist provision. If the driver at fault is insured but their policy limits are insufficient to cover your damages, you can turn to your own policy’s Underinsured Motorist coverage limits for compensation. Pursuing additional recovery from the negligent party is possible. Yet, the process may be complex and lengthy, constrained by the recoverable assets as per the law and your insurance carrier’s subrogation rights.
When to Consider Hiring a Personal Injury Attorney
Deciding whether to hire a personal injury attorney can be challenging. However, their expertise can significantly influence the outcome of your case. Attorneys are skilled in navigating legal complexities and advocating for their clients.
Additionally, having an attorney means you have someone who understands Ohio’s specific laws regarding personal injury. This local knowledge can be invaluable in building a strong case.
Navigating Personal Injury Claims: Your Path to Justice
Navigating personal injury claims may seem daunting, but comprehending the different types of damages and their calculation can empower you to pursue fair compensation. If someone else’s negligence has caused your injury, consulting with an experienced attorney who can guide you through the process and fight for your rights is crucial.
To understand your rights and options, contact Gallon, Takacs & Boissoneault law firm for a free consultation if you’ve been involved in an accident. Our experienced car accident attorneys are here to support you every step of the way. Don’t leave your future to chance—take action today.
Call the best personal injury attorneys at 419-843-6663 to get started, or use our easy online contact form today.
If you reside in or around any of the areas we serve in Ohio and Michigan—Maumee, Defiance, Fremont, Findlay, Lima, Mansfield, Sandusky, Toledo, and Monroe—and are searching for an “injury attorney near me,” you can count on having the best car personal injury lawyers with Gallon, Takacs & Boissoneault to represent you in a personal injury or wrongful death case. With a local Toledo accident attorney near you, help is just a phone call away.
Ted Bowman is a Senior Associate and practices in the Workers’ Compensation and Social Security Disability sections. Ted began his career with GT&B in 1988. His reputation and success record as a trial lawyer arguing before the Industrial Commission on behalf of injured workers, as well as in trial courts and the Supreme Court of Ohio, are well known.
