Gahanna personal injury lawyer

How does a personal injury claim work in Gahanna?

In Ohio, a personal injury claim is a civil case, not a criminal one. The only penalties the defendant faces are financial.*

Filing a personal injury claim does not start criminal proceedings, which can result in jail time or other punishments.*

Negligence and duty of care

In most personal injury cases, you need to prove that negligence led to the accident that caused your injuries. Your lawyer has to show that the other person owed you a duty of care and that they breached it.*

For example, a driver on I-270 has a duty of care toward everyone else on the highway: a responsibility to drive safely and obey all traffic laws. A driver who is distracted by their phone or speeding breaks the law and breaches that responsibility to others.*

As part of proving negligence, you have to show that the breach of responsibility caused your injuries and that you can receive compensation for them. If a driver was speeding and didn’t have enough time to stop to avoid colliding with your vehicle, the resulting injuries that require medical care can prove negligence.

Strict liability

In some cases, negligence isn’t the legal theory. Product liability and dog bite claims fall under strict liability laws.*

Strict liability requires that you show the defendant should have reasonably anticipated that their product or animal could cause harm. You then have to show that you suffered injuries for which you can be compensated.

How long do you have to file a personal injury claim in Ohio?

You have up to two years to file for most personal injury claims, but that’s not always the case.

This time limit is called the statute of limitations.*

Malpractice claims only provide one year from the injury or from when you discover the injury.

You may have even more limits if the defendant is a government entity. Because of the complexities of these claims, it’s important to contact Oliver Law Office right away to find out which deadlines apply to your case.

What personal injury cases does Oliver Law Office handle in Gahanna?

Our skilled team at Oliver Law Office has extensive experience in a number of personal injury practice areas, from car accidents to wrongful death. Some of the areas we most frequently represent include the following.

Vehicular accidents

Our team represents victims of all types of traffic collisions, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents

Even if you were partly at fault for the accident, you may have the chance to recover damages in Ohio.

Under Ohio’s modified comparative fault law, you can recover compensation even if you were partially responsible for an accident, as long as you were 50% or less at fault. Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.

Ohio Revised Code § 2315.33

We can help you determine your eligibility for damages through a car accident claim.

Dog bites

Under strict liability laws, you can file a claim against a dog’s owner if the dog bites you, without having to prove negligence. You only need to show that you were legally on the property at the time and that you didn’t provoke the dog.*

Because Ohio sees dogs as an owner’s responsibility, if the animal causes harm, the owner is liable for medical expenses and can be sued in civil court.

Premises liability

Ohio law requires property owners or managers to keep their premises reasonably safe for visitors. They can be held liable if they fail to and their negligence causes injuries. Common examples include slip and fall accidents, swimming pool accidents and negligent security.*

One challenging aspect of these claims is establishing a duty of care. This requires showing why you were on the property, as the degree of duty of care can vary. For example, you’re considered an invitee if you were shopping at a store when you slipped and fell. Property owners have a high duty of care toward invitees.

If you’re considered a licensee, however, the owner has less responsibility toward your safety. All they have to refrain from doing is willfully or recklessly causing you an injury. Trespassers are considered licensees in Ohio.

Medical malpractice

Medical professionals have a duty of care toward their patients. Some errors are impossible to avoid, but you can hold a healthcare provider responsible for a mistake made because of negligence.*

Our lawyers can demonstrate that the healthcare provider failed to take steps to keep you reasonably safe. If any other competent provider could have prevented the injury, you can file a claim.

Product liability

When you buy any kind of product, you have an expectation that it will be reasonably safe to use. If a product doesn’t function and causes harm, you can file a product liability claim.

A product can have a design defect, a manufacturing defect or a failure-to-warn defect. A design defect is present from the moment the product is thought up, so it would never have been safe to use. A manufacturing defect means the product was designed correctly but something went wrong during manufacturing.*

A failure-to-warn defect involves the product not having enough warnings about potential risks. A common example is medications that don’t warn patients of potentially dangerous side effects.

Wrongful death

If your loved one died because of another person’s negligent conduct, we can hold the responsible party accountable.

A wrongful death claim covers cases where the victim, had they survived, would have had grounds to file a claim against the defendant.*

What compensation can you claim after an injury in Gahanna?

Oliver Law Office’s Gahanna personal injury lawyers can help you claim economic and non-economic damages.*

Economic damages pay you back for financial losses, including medical expenses and lost wages. If you need ongoing medical care, compensation for future expenses is also available.*

Sometimes, injuries prevent you from returning to work in your regular capacity or at all. If that’s the case, you can claim loss of earning potential.

Non-economic damages pay for losses that are not financial. They can include pain and suffering, loss of enjoyment of life, and even loss of consortium, the loss of a loved one’s companionship, if your loved one dies.*

Why call Oliver Law Office after an accident in Gahanna?

If someone else’s negligence caused your accident, filing a personal injury claim can be essential.*

The aftermath of an accident can be devastating. You could face significant bills, as well as physical and emotional distress.*

At Oliver Law Office, our seasoned team of Ohio personal injury lawyers can fight for the justice you deserve using strategies tailored to your needs. We can negotiate with insurers and advocate for you in court while you focus on moving forward. Contact us to speak with our dedicated legal team about your options today.