Most of us don’t go around worrying about what would happen if we got hurt or found ourselves involved in a serious accident. However, personal injury cases are extremely common in Ohio, and it is best to stay informed so you can be prepared to defend your rights as a victim if you ever find yourself in this position.
What Are the Top Five Most Frequent Personal Injury Case Types in Ohio?
In Ohio, certain types of personal injury cases happen all too frequently. Car accidents, motorcycle accidents, slips and falls, dog bites, and medical malpractice are some of the most common types of personal injury claims in the Buckeye State, and each type of claim presents a different challenge for plaintiffs.
Motor vehicle accidents such as car crashes or accidents involving a motorcycle can result in devastating injuries and fatalities. Victims of a motor vehicle accident caused by a reckless driver can receive compensation after successfully proving that their accident was a result of the other driver’s negligence.
Slips and falls are all too common, and because of that, insurance companies and civil courts tend to approach them skeptically. Plaintiffs who sustain injuries after slipping and falling in a public place (such as a store) should also be prepared to show sufficient evidence to prove their case. Similar to slips and falls, dog bites are another type of premises liability claim. Victims attacked by a vicious dog should be aware of Ohio’s strict liability laws for dog bites and how the law may impact their case.
Finally, medical malpractice cases are also frequent and happen when a doctor or healthcare professional acts with negligence or makes serious mistakes that end up hurting a patient. Victims of medical malpractice should seek legal representation to have better chances of winning their cases.
How Do You Know if You Need to File an Insurance Claim or a Lawsuit for Personal Injury?
When you are the victim in a personal injury case, it may be confusing to know whether you should sue the at-fault party or simply file an insurance claim against them. While every case is unique and should be assessed by a personal injury attorney, many cases are usually resolved by filing an insurance claim. For many, an insurance claim is a logical first step, as it is somewhat simpler and faster than a civil lawsuit in terms of generating a settlement check for the claimant. In an ideal world, an injured victim would file a claim and get a check in the mail a few short weeks after that. But in reality, things do not always go that way.
In cases where the at-fault party has no insurance, or their insurance may be acting in bad faith and denying your claim, your next logical step may be to seek the help of a personal injury attorney and take legal action by filing a personal injury lawsuit. If you are not sure about which option is the right one for your case, speak to a personal injury attorney.
Can the Family of a Person Killed in a Personal Injury Accident Receive Compensation?
Another category of personal injury cases that may not be as common but is equally important is wrongful deaths. A wrongful death case is similar to a standard personal injury case in which a plaintiff is injured and sustains damages because of the negligent actions of another party. However, in a wrongful death case, the injuries sustained by the victim were so severe that they led to the victim’s death.
In Ohio, surviving members of a wrongful death victim may receive compensation for their economic and non-economic losses. However, Ohio laws only allow a personal representative of the decedent’s estate to initiate a wrongful death claim on behalf of the family. In other words, the decedent’s close relatives (such as their spouse, children, or parents) may not file a wrongful death claim themselves – this must be done by the personal representative – but once the claim is successful, each member of the family may receive compensation. The award is typically issued to the estate and distributed to beneficiaries in accordance with Ohio’s intestacy laws.
How Can a Personal Injury Attorney Help?
Many injured clients worry about hiring a personal injury attorney for their case, thinking that they may not be able to afford one or that they can simply represent themselves. While representing yourself is allowed in a civil court, many plaintiffs find that the task of being their own attorney proves to be more than they can handle and yields very little results, often resulting in unnecessary delays and preventable mistakes.
A personal injury lawyer understands the laws applicable to every case and can use that knowledge to benefit the client. For example, a client who was bitten by a dog may not think they have a claim because they do not believe they have evidence to prove the dog owner was negligent. An attorney can suggest the client continue pursuing their case because Ohio’s strict liability laws make dog owners strictly liable for any damages their dog may cause, and thus, victims do not need to prove negligence in order to have a valid claim. This is just an example of the many ways an attorney can positively impact your case. In addition, most personal injury attorneys work on a contingency basis, meaning clients may get legal representation with no upfront costs, and if the attorney is not able to win the case on their behalf, no money is owed. If you would like to learn more about how a personal injury attorney can help you with your case, call the Piscitelli Law Firm at 216-820-9832.
