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Ohio Personal Injury Lawyers
When you or a loved one experiences a severe personal injury, it can feel like everything else stops. Your focus needs to be on recovering and healing, but at the same time, medical costs can start to add up – especially when the injury also leaves you unable to work. If someone else is responsible for those injuries, you may be able to collect compensation that will alleviate some of these stresses and allow you to put your full focus on what really matters. This is where Ohio personal injury lawyers come in. Your attorney can help you pursue the compensation you deserve so that you and your family can work on getting your lives back.
At Crandall & Pera Law, we know that personal injuries, especially catastrophic personal injuries, can upend your world. Our compassionate attorneys understand how important it is for you and your loved ones to benefit from the protections of Ohio’s personal injury laws.
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Table of Contents
- Representing people who have suffered serious & catastrophic injuries in OH
- What is a catastrophic injury?
- What is a personal injury lawsuit?
- What is negligence in personal injury law?
- What if I was also negligent?
- Should I settle my lawsuit?
- What if I need the settlement to pay my medical bills?
- Compensation in a catastrophic personal injury case
- The Ohio statute of limitations
- Contingency fees in Ohio injury cases
Representing people who have suffered serious & catastrophic injuries in OH
As personal injury lawyers in Ohio, the attorneys at Crandall & Pera Law have experience representing people who have been impacted by some of the most devastating and tragic personal injuries imaginable. Whether from car or truck accidents, construction injuries, or medical malpractice, we focus on advocating for those who have suffered catastrophic, life-changing harm because of another person’s negligence. By fighting for the rights of the injured and holding the responsible parties accountable, we are able to help families persevere in the face of extreme challenges.
What is a catastrophic injury?
Personal injury cases involve all sorts of claims, from those that are relatively minor to tragic wrongful deaths. Catastrophic injuries are a category of personal injury claims that include types of harm that require extensive long-term care and may lead to permanent mental or physical disabilities. Those who experience a catastrophic injury will face daily challenges, potentially for the rest of their lives. As a result, these cases are complicated, and success is critical for the well-being of the injury victim and their family. The level of care required and the potential impact on earning capacity means that the injured person truly requires full compensation to support themselves and their needs.
Here are some examples of catastrophic injuries:
Spinal cord damage
Spinal cord injuries can lead to paralysis, causing a person to face paraplegia or quadriplegia. The loss of the ability to move or control a person’s limbs profoundly impacts their life and leads to the need for ongoing care, support, and treatment.
Amputation
The loss of a limb creates daily challenges and may impede a person’s ability to work. The person will also need costly treatments, potentially including prosthetics.
Loss of sight
Blindness stemming from an injury or accident forces a person to relearn how to navigate their world and requires ongoing support, care, and treatment. The resulting inability to drive can impact independence and job options. Losing sight can also potentially lead to a loss of livelihood in many fields.
Loss of hearing
Hearing loss has a tremendous impact on a person’s ability to communicate. The result of this injury can be a loss of employment and enjoyment of life.
Brain injuries
Traumatic brain injuries can impact a person physically, cognitively, and emotionally. The treatment and care required for someone who suffers this severe of an injury can be lifelong and extensive.
Severe organ damage
Damage to internal organs can lead to serious life-long complications, including the inability to fight off infections, anemia, incontinence and more.
Severe burns
Burn injuries can be excruciatingly painful, disfiguring, and disabling. Those who experience this type of injury may need extensive rehabilitative care and surgeries.
What is a personal injury lawsuit?
A personal injury lawsuit is a legal claim that a person who sustained serious injuries files against another person, company, or entity that caused those injuries. In a personal injury lawsuit, both sides may have legal representation, and those attorneys will gather evidence and prepare for a potential trial. However, it is important to note that most cases will never go to trial. Throughout the process, the attorneys will be working to reach a settlement agreement. The plaintiff may accept a settlement if it is fair and reasonable based on the injuries and fault involved.
If the other side does not offer a fair settlement, the case may go to trial. At that point, a jury will make decisions on fault and the damages that the injured person can recover.
Some common categories of personal injury lawsuits include:
- Car Accidents: Negligent drivers can cause severe, life-threatening injuries to anyone on the road, including other drivers and passengers.
- Truck Accidents: These are complex personal injury claims involving large commercial vehicles, which often result in more severe injuries.
- Motorcycle Accidents: When negligent drivers cause accidents with motorcyclists, it is often at the expense of these more vulnerable users of the road.
- Pedestrian Accidents: Pedestrians experience some of the most debilitating traffic-related injuries.
- Slip and Fall Accidents: Irresponsible business owners may cause personal injuries due to dangerous or defective conditions on their premises.
- Dog Bites: Injuries caused by another person’s dog or pet can prove life-threatening and even fatal.
- Nursing Home Abuse and Neglect: These cases involve the abuse or neglect of patients in the very nursing home facilities that are meant to provide for their needs.
- Wrongful Death: Families have a right to pursue compensation and justice when a loved one’s death is caused by another person’s actions or omissions.
What is negligence in personal injury law?
Negligence is an important legal concept in personal injury cases. For an injured person to hold someone else accountable, they must show that the other person was negligent and that their negligence led to the accident and resulting injuries. Negligence is the “failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury or damage to another.”
Some behaviors are clearly negligent, like driving drunk or while texting. Running a red light or stop sign are other examples of negligent behavior. In premises liability cases, negligence might come in the form of a shop owner leaving a floor covered in a slippery substance that creates a significant fall risk. On a construction site, failing to follow safety regulations related to working at heights or with electricity are some possible examples.
It might not be immediately clear that negligence caused an injury. In many cases, the person who sustained injuries may not have all the facts or evidence to know what led to the accident that injured them. If you sustained serious injuries in an accident, personal injury lawyers in OH can help you determine if your accident involved someone else’s negligence.
What if I was also negligent?
Not every case is simple. Especially when it comes to traffic accidents, more than one party might be at fault. If you were partially responsible for your injuries, you still might be able to recover from the other party or parties that caused the accident.
In Ohio, the courts practice “modified comparative negligence.” Under this law, those who are injured in an accident for which they are 50% or less at fault can still recover from the other negligent party. However, if the court concludes that you are 51% or more at fault, it will prevent you from collecting damages.
If you are less than 51% at fault, you will recover a lower amount of damages because of your role in causing the accident. In practice, this means that if you were 30% at fault, and the other party was 70% at fault, and your damages add up to $100,000, you could only recover $70,000. This law means that even if you believe that you are partly responsible for your injuries, you should still reach out to an injury attorney to discuss your legal options. The importance of pursuing compensation is especially pronounced in the case of catastrophic injuries, where long-term care and other costs can create a substantial financial strain for the injured person and their family.
Should I settle my lawsuit?
Even before your claim becomes a lawsuit, you might face potential settlement offers. Insurance companies will often make offers early in a case. However, those offers tend to be for smaller sums than you could recover if you negotiated with the insurer or filed a personal injury lawsuit. These early offers are one of the reasons it is important to have an attorney represent you as soon as possible.
If your lawyer cannot reach a settlement with the insurance company and you file a lawsuit, you will still have many opportunities to settle the claim. During what is called the “discovery process,” both sides collect evidence in the form of records, documents, photographs, and more. The lawyers may also take depositions to hear what witnesses, including the parties, bystanders, and medical professionals, have to say about the events and the extent of the injuries. After this stage, lawyers will often try to settle because they will have a better understanding of the value of the case and the strength of the evidence that supports their side.
Your lawyer can help you evaluate the situation and determine whether taking a settlement is a smart option in your case. If they believe the settlement is too low and that you have a strong case, they might decide that taking the case to trial is a better option.
What if I need the settlement to pay my medical bills?
It can be stressful to see the medical bills coming in after a severe accident. This stressor can make taking an insurance company’s offer sound tempting. However, you may have other options that can preserve your claim. For instance, your attorney might prepare a letter of protection they will send to your doctors. That agreement will promise your providers of payment for their services once your case settles or you are awarded damages in a trial. It is worth speaking to an Ohio injury lawyer to make sure you are preserving your ability to recover compensation.
Compensation in a catastrophic personal injury case
Compensation comes in several categories in personal injury cases. In a broad sense, there are economic damages, non-economic damages, and punitive damages.
Economic damages
Your economic damages are your actual financial costs related to the accident, including medical expenses and missed work. Your past medical expenses will have the backing of medical bills to show the true costs. Additionally, you should be able to show evidence of your lost earnings. However, economic damages also cover your future medical costs and losses. As a result, the total value will be an estimate that includes your past costs, your future expected costs for medical care and related needs, and your future lost earnings. In the case of catastrophic injuries, these costs may be extremely high.
Non-economic damages
This category covers the losses that are more challenging to calculate, including pain, suffering, loss of enjoyment, loss of companionship for family, and mental anguish. The court will often use an equation that connects your non-economic damages to your economic damages, meaning more serious injuries will have higher non-economic damages. However, in Ohio, courts will place a limit on the amount of non-economic damages you can recover.
Punitive damages
It is rare that courts award punitive damages, which are not meant to compensate you for your injuries but rather to punish the person responsible. Courts allow this extra category when a person’s behavior is beyond negligent, such as grossly negligent, willful, or malicious conduct. Some examples might include drunk driving, road rage accidents, or a driver intentionally striking a pedestrian.
How can a lawyer help me?
Your injury lawyer can help you understand the value of your claim, protect you from saying anything that might negatively impact your case, and guide you through the legal system. Unfortunately, even from day one, you need to be careful about protecting yourself and your claim. Insurers may use your statements against you. Additionally, if you do not seek medical attention immediately or fail to follow the advice of your providers, this can work against you as well. Even the things you say on social media can potentially damage your claim.
Your lawyer is there to stand between you and all of those involved in an effort to minimize your injuries, blame you for the accident, or talk you into a lesser settlement. Having legal representation means someone is there to negotiate on your behalf and protect your rights and interests.
If your lawyer decides that it is best to file a lawsuit, they will also handle the formal paperwork and help you collect evidence. Your attorney will appear on court dates to argue on your behalf, build a case strategy, take depositions, and, if necessary, take your case to trial. Throughout that process, your lawyer should be open with you and willing to answer your questions so that you understand the progress of your case. As your legal advocate, it is your lawyer’s role to handle the legal system so that you can focus on healing and getting your life back.
The Ohio statute of limitations
One of the most important reasons to reach out to an attorney sooner rather than later is that you only have a limited amount of time to file a claim. In Ohio, the statute of limitations is two years. Failing to file a claim within that time period will likely prevent you from collecting compensation, even with a strong and compelling case.
Additionally, your attorney needs time to gather evidence, so you do not want to wait until the filing date is near to reach out to a lawyer. The sooner you speak to a personal injury attorney, the better.
Contingency fees in Ohio injury cases
Most personal injury lawyers work on a contingency fee basis. Under this arrangement, you only have to pay your lawyer once you obtain a successful settlement or judgment. If your case is unsuccessful, you do not have to pay attorney bills. This system helps protect injury victims, because it removes some of the risks involved with pursuing a claim, especially if the responsible party has more resources.
Instead of something like an hourly bill, your attorney will receive a portion of your settlement as their payment for their work on your case. If you have questions about how this may work in practice, ask your attorney to explain the fee arrangement.
Have an Ohio personal injury attorney on your side
Suffering a catastrophic personal injury is a frightening, stressful event for individuals and their families. The law provides remedies for those who sustain these injuries because of another person’s negligence. Your Ohio personal injury lawyer is the best person to protect your rights and help you recover the compensation you need to care for your future.
Contact Crandall & Pera Law today to schedule a free consultation with one of our experienced, compassionate Ohio personal injury attorneys.