What Qualifies as a Personal Injury Claim?

what is a personal injury claim

When you suffer injuries or harm due to another party’s negligent or reckless actions, you may have viable grounds for a personal injury claim. These civil cases allow you to recover compensation from those whose unreasonably careless conduct directly caused your damages.

Whether it was a distracted driver causing a serious car accident, a property owner’s failure to address safety hazards that led to a slip and fall incident, or a medical professional’s breach of the standard of care – if you incurred quantifiable losses like medical expenses, lost income, pain, and suffering that could have been avoided had the other side acted responsibly, a personal injury claim allows you to pursue accountability.

Types of Personal Injury Claims

Personal injury claims stem from a wide range of incidents and circumstances. Here are some of the most common types of cases we see:

Motor Vehicle Accidents

Car accidents, motorcycle collisions, and truck crashes can result in devastating injuries, from broken bones to traumatic brain injuries. In these situations, negligent drivers, reckless behavior, and traffic law violations often play a significant role. Our team works closely with accident reconstruction experts and investigates to build a strong case on your behalf.

Premises Liability Cases

Property owners and business establishments have a legal obligation to maintain safe premises for visitors and customers. Slip and fall accidents, poorly maintained properties, or inadequate security measures can all lead to premises liability claims. We navigate complex safety regulations to hold negligent property owners accountable for their actions (or inactions).

Medical Malpractice

When healthcare professionals fail to uphold the accepted standards of care, the consequences can be catastrophic. Medical malpractice cases can involve misdiagnosis, surgical errors, medication errors, or a variety of other negligent acts. The Jones Firm collaborates with medical experts to analyze the details of your case and ensure that healthcare providers are held responsible for their negligence.

Product Liability

From faulty automotive parts to dangerous household items, defective products and failing to warn consumers of potential dangers can result in severe injuries. We work tirelessly to ensure that consumer protection laws are upheld and that manufacturers are held accountable.

Workplace Injuries

Construction sites, factories, and many other workplaces can be hazardous environments. Employers have a legal obligation to maintain safe working conditions for their employees. When workplace accidents occur, whether due to a company’s negligence or failure to follow safety regulations, we fight to ensure that you receive the workers’ compensation benefits you deserve and pursue additional damages when warranted.

Damages in Personal Injury Claims

When pursuing a personal injury claim, plaintiffs may be entitled to a range of economic and non-economic damages:

Economic Damages

Economic damages are the tangible financial losses you’ve incurred as a result of your injury. These may include:

  • Medical expenses: From medical bills and prescription costs to ongoing treatment or therapy.
  • Lost wages: If your injury has prevented you from working or earning an income, you may be able to recover past and future lost wages.

Non-Economic Damages

Non-economic damages are the intangible losses you’ve suffered, such as:

  • Pain and suffering: Injuries can cause immense physical and emotional pain, and The Jones Firm will work to quantify that suffering and seek appropriate compensation.
  • Emotional distress: Trauma, anxiety, and other psychological impacts of an injury can profoundly affect your quality of life. These aspects must be accounted for.
  • Loss of enjoyment: If your injury has prevented you from engaging in activities or hobbies that once brought you joy, you may be able to pursue damages for that loss of enjoyment.

In cases of wrongful death, loved ones may also be entitled to compensation for loss of companionship, funeral expenses, and the lost income that the deceased would have provided for their family.

Establishing Liability and Negligence

At the heart of every personal injury case is the need to establish liability and prove negligence on the part of the responsible party.

The Duty of Care

The first step in establishing liability is demonstrating that the defendant owed you a duty of care. This legal obligation will vary depending on the circumstances but generally requires individuals and entities to act with reasonable care and adhere to safety laws or industry standards.

Breach of Duty

Once we’ve established the duty of care, we must then prove that the defendant breached that duty through negligent actions or inactions. This may involve expert witness testimony, accident reports, or other evidence that clearly demonstrates a failure to meet the expected duty of care.

Causation and Damages

Finally, we must link the defendant’s breach of duty to the damages you suffered. This often involves analyzing medical records, accident reports, and forensic evidence to create an undeniable connection between the negligent act and the resulting injuries or losses.

Statute of Limitations and Filing a Claim

It’s crucial to understand that personal injury claims are subject to strict time limits known as the statute of limitations. In the state of Ohio, the statute of limitations for most personal injury cases is two years from the date of the incident or injury. However, there may be exceptions depending on the specific circumstances of your case.

Failing to file a claim within the statute of limitations can result in your case being dismissed, regardless of its merits. That’s why we encourage you to reach out to our team at The Jones Firm as soon as possible after an injury occurs. We’ll carefully review the details of your case and ensure that all necessary steps are taken to protect your rights and preserve your ability to seek justice and compensation.

Seeking Guidance from a Personal Injury Lawyer

Personal injury cases can be complex, emotionally charged, and legally intricate – but you don’t have to face it alone. At The Jones Firm, we understand your challenges, and we’re here to advocate for you and guide you through this journey.

Our personal injury lawyers have a proven track record of success, and we’re committed to fighting tirelessly for the compensation you deserve. We combine our extensive legal experience with a deep understanding of the human experience to ensure that your rights are protected and your voice is heard.

If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to reach out to The Jones Firm. Together, we’ll embark on a journey towards justice, healing, and a brighter future. Contact us today to schedule a FREE consultation.

Frequently Asked Questions

What is the statute of limitations for personal injury lawsuits in Ohio?

In Ohio, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury or incident. However, there are exceptions for certain types of cases, so it’s best to consult with a personal injury attorney as soon as possible. [Notably, the statute of limitations for medical negligence (depending on when the negligence is discovered) and workers compensation claims are one year from the date of injury.]

Can I file a personal injury claim without a lawyer in Ohio?

While it is possible to file a personal injury claim without a lawyer in Ohio, it is generally not recommended. Personal injury cases can be complex, and an experienced attorney can help navigate the legal process, build a strong case, and maximize your potential compensation.

What types of damages can be recovered in a personal injury claim in Ohio?

In Ohio, you may be able to recover economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded.

Author Bio

Geoff Jones is the CEO and Managing Partner of The Jones Firm, a personal injury law firm in Columbus, Ohio. With years of experience in personal injury law, he has zealously represented clients in a wide range of legal matters, including car accidents, medical malpractice, slip and falls, wrongful death, and other cases.

Geoff received his Juris Doctor from the Ohio State University Moritz College of Law and is a member of the Columbus Bar Association. He has received numerous accolades for his work, including being selected to Super Lawyers Rising Stars for 2022-2023.

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