Successfully pursuing a personal injury lawsuit in Ohio largely depends on your ability to understand your chances of winning a personal injury lawsuit. Such cases depend on many variables: the specifics of an incident, the strength of your evidence, and the quality of your representation. At Dyer, Garofalo, Mann & Schultz, we work to help Ohioans understand their rights and get fair compensation for their injuries.
The following blog will cover the elements of a personal injury claim that determine your likelihood of success, introduce Ohio-specific legal standards, and provide some real-world tips that could enhance your case.
The possibilities of winning an injury case depend on a number of factors, which include the strength of evidence, the ability to prove negligence, and the competence of the attorney. In Ohio, there are certain legal parameters regarding personal injury that may affect your claim.
Liability and Negligence: One has to establish that a negligent act by the defendant has caused your injury, which would mean he has owed a duty of care towards you, breached his duties, and actually caused damages.
Some factors may affect your case outcome after sustaining personal injuries, which includes:
Ohio’s comparative negligence rule, as outlined in Ohio Revised Code § 2315.33, will affect directly the amount of compensation recoverable if some fault is assessed against you for the injury. Suppose you are assessed to be 30% at fault in a car accident and your damages amount to $100,000. Under Ohio’s modified comparative negligence doctrine, your compensation will be reduced to $70,000. This makes it of the utmost importance to establish a strong case that minimizes any assignment of fault against you.
Further, the statute of limitation, under Ohio Revised Code § 2305.10, requires that personal injury cases be filed within two years from the date of injury.
Here are additional Ohio-specific rules that may affect your case:
Understanding national and Ohio-specific trends is important for the setting of realistic expectations within a personal injury case. According to the Ohio Department of Public Safety, the 2020 Annual Trauma Report had recorded more than 134,000 traumatic cases in Ohio; of which, motor vehicle crashes still topped the list. The majority of such incidences result in claims for personal injury, wherein settlement values are representative of both injury severity and corresponding medical expenses.
Comparatively nationwide, while the rate of case trials is still low, the results over settlements generally depend on evidence and severity of injury. Ohio’s adherence to comparative negligence laws, such as Ohio Revised Code § 2315.33, further decreases recovery by a proportional reduction that is directly related to any apportioned fault.
To improve your chances of success, you must take deliberate steps to build a strong case. Here’s how:
The evidence you put forth is the foundation of any bodily injury case. The necessary evidence includes:
Evidence preservation is very crucial in Ohio. For instance, an expert’s life care plan will detail the future costs of your injuries. The plan outlines all your future medical treatments, therapies, and lost wages you are likely to incur, therefore putting you at an advantage while negotiating a fair settlement for yourself. You develop a powerful case by gathering all evidence supporting your claim.
In proving negligence under Ohio law, there are four elements that must be shown. First, you must be able to establish that the defendant owed you a legal duty of care. Then, you must indicate how the defendant breached that duty. After that, you would have to show that his breach of duty was the actual cause of your injuries. Finally, you must show that you have suffered financial, physical, or emotional damage as a result.
Compensation for pain and suffering may considerably increase your settlement or award. Records of complete documentation, such as daily journals about your various physical and emotional struggles, may significantly strengthen your case for non-economic damages.
Navigating Ohio’s legal system can be challenging without professional guidance. An experienced personal injury lawyer understands the nuances of the state’s law, knows how to gather and present compelling evidence, and can negotiate effectively with insurance companies. At Dyer, Garofalo, Mann & Schultz, we have a proven track record of helping clients secure fair settlements and verdicts.
Most personal injury claims settle before trial, with success rates that vary widely depending on the facts of the case. According to national data, plaintiffs who go to trial win approximately 50% of the time.
Settlement amounts depend on factors like medical expenses, lost wages, and pain and suffering. National averages range from $3,000 to $75,000, but significant cases may result in much higher payouts.
Awards for pain and suffering can range from several thousand dollars into the millions of dollars, depending on the severity of your injury and how it has affected your life.
What is a good settlement figure?
A reasonable settlement covers all economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). Consulting an attorney guarantees your settlement reflects the true value of your case.
In that respect, taking the first and most important step of filing a personal injury lawsuit means gathering evidence regarding your case, documenting any injury, and consulting an experienced attorney.
Dyer, Garofalo, Mann & Schultz are dedicated to battling for your fair compensation. From Ohio State, reach any of our veteran personal injury lawyers now by calling 1-937-222-2222 for a no-cost consultation. You deserve justice. You finally must consult to start fighting back against whoever causes your injury!
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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