If you suffer damages because of another person’s negligence, you may have grounds for seeking restitution in an Ohio civil court. In cases where injuries occurred as a result of a motor vehicle collision or violent crime, intense emotional trauma may occur, which can make legal proceedings highly stressful. If you’re considering filing a personal injury claim, there are several things you should know, including the time limits associated with such petitions in this state.
When you have suffered injuries by no fault of your own, and, moreover, as a result of another person’s negligence, you should not have to bear financial responsibility of expenses associated with the incident, such as medical treatment, loss of wages or other economic damages. The more you know ahead of time about the claims process, including why timing matters, the better prepared you might be to seek justice.
Ohio has laws in place regarding personal injury claims
Ohio Revised Code §2305.10 is relevant to seeking restitution in court following an accident or incident resulting in personal injury that occurred because of another person’s negligence. Under this code of law, you must file a personal injury claim within two years after the cause of action accrues, meaning the incident that resulted in damages. Once the time has expired, you are no longer able to seek compensation for damages against the person or group deemed liable for your injuries.
If your injuries occurred because of toxic chemicals in the workplace, accrued cause of action is the date that a medical authority informed you that toxic chemical exposure caused your condition, or the date that you determined this through your own reasoning abilities.
Difference between personal injury claims and criminal proceedings
When someone is facing criminal charges, it is the government that is acting as the plaintiff in the case. If you file a personal injury claim, however, you are the plaintiff, either acting on your own behalf or alongside legal representation that you have secured as a personal advocate.
While criminal proceedings end with a verdict and possible sentencing against a defendant if a conviction is handed down, a lawsuit filed by a private citizen in an injury claim may end in several ways. You may settle a case out of court when a plaintiff and defendants negotiate an agreement. If litigation takes place, a judge may rule in either side. If the plaintiff wins, the court may order the defendant to pay restitution for damages.
Make sure you understand Ohio laws before heading to court
Every state has its own guidelines for personal injury claims. As mentioned earlier, Ohio Revised Code §2305.10 governs such claims in this state, including issues regarding when a claim must be submitted in order to be considered for restitution.
If you have suffered injuries because of another party’s negligence, Ohio law provides recourse for you to hold that individual or group accountable for damages.