If you’re injured due to someone else’s fault in Toledo, you can file a personal injury lawsuit and pursue compensation. You could recover economic damages, such as medical bills and wage losses, and noneconomic damages, like pain and suffering. However, knowing the state-specific Ohio personal injury laws is crucial as they govern filing deadlines, recovery amounts and other vital issues.
Ohio Statute of Limitations for Personal Injury Cases
According to Ohio’s statute of limitations, you generally have two years to file a personal injury lawsuit and seek damages. The statute is the legal deadline for filing a lawsuit, so if you file later than two years after your injury, you may lose the right to compensation.
However, there are some rare exceptions that could lengthen or shorten the time available to file suit. For example, if the injured party is a minor or incapacitated, an extension may be granted. On the other hand, if you have a claim against a government entity or employee, you may be required to file a notice of claim, which typically has a much shorter deadline.
Ohio Personal Injury Laws
Here are some of Ohio’s personal injury laws that could impact your personal injury case in Toledo.
- Damage caps. Noneconomic damages in personal injury claims, such as pain and anguish, are capped at the greater of $250,000 or three times the amount of economic damages. The cap does not apply to claims for catastrophic injuries.
- Comparative negligence. Ohio is a comparative negligence state, meaning you can recover damages if you are 50% or less at fault for your injury. However, your compensation will be reduced by your degree of fault.
- Government immunity. Ohio government entities and employees are immune to lawsuits in some cases. However, if you can prove the gross negligence of a government entity or employee and fulfill specific filing criteria, you could sue and recover damages.
Personal Injury Settlement Considerations
If you are injured in Toledo, your expenses may be piling up, and you might wonder how long a settlement takes. An out-of-court settlement can be a relatively fast way to get what you deserve. However, the timeline depends on various factors, such as the extent of your damages and the willingness of the at-fault party or their insurance company to settle. Some claims take as little as a few weeks, while more complex cases could take years to resolve.
Personal injury settlements in Ohio are usually not taxed. However, portions of your settlement allocated to lost wages, punitive damages and interest may be taxable. The same applies to emotional distress lawsuit damages when no physical injury occurred.
Ohio personal injury attorneys usually work on contingency, meaning they only charge a fee if you win and recover damages. Their pay is a percentage of your settlement, typically 33% to 40%, although percentages can differ. It’s always best to discuss fees with your attorney before hiring them so you’ll know exactly what to expect.