Law Articles

The Basics of Personal Injury Law

The aftermath and decisions made after any kind of accident – whether auto, motorcycle, trucking or something else – is vitally important to deciding if your injuries are eligible for compensation or recovery. 

Of course, insurance companies play a big role in all of this as they’re likely the ones paying out for any injuries or towards compensation and they’ll work their hardest to sidetrack your claim or have it thrown out entirely. 

However, if you’re prepared with some basic knowledge and the right personal injury legal team behind you, you may be able to receive the compensation you’re entitled to. 

Things to Know About Ohio Personal Injury Law

Like many other states, Ohio is a “comparative negligence” state, meaning that the court will look at the fault of all parties involved in an accident to determine who is entitled to compensation and which party is responsible for paying it. Each party is assigned a percentage of fault for the incident and this percentage correlates to the amount of damages that a party can pursue.

In any case, there is a two-year statute of limitations from the date of the incident to file paperwork to begin any proceeding. This applies to just about every type of personal injury incident whether the case is led by “negligence” or “intentional tort” (applying to assault, battery or other types of purposeful conduct).

The limited exceptions to this timeline is if the injured person has a legal disability at the time of the incident. The two-year duration may not begin until the person turns 18 or the person is deemed “sane or competent”. Additionally, if the person who cause the injuries “absconds or conceals” him or herself within the state, then that period doesn’t apply to the two-year duration. 

 

In any case, if you feel that you may be entitled to compensation for your injuries, it’s important to consult a qualified and knowledgeable Butter & Warren County personal injury attorney. Call the team at Garretson & Holcomb, LLC today at (513) 863-6600 to learn more about how we can help you get what’s rightfully yours.