How Long Do I Have to File My Claim in Ohio?

Personal Injury/Auto Accidents - Under Ohio law, you have two years from the date of the accident to file your lawsuit. You will forever lose your right to bring your claim if you do not file suit within this two year window.

Medical Negligence - You have one (1) year from the last date of treatment from the alleged negligent provider, or one (1) year from the date the patient know or has reason to know of the malpractice injury, whichever is later. The law provides that any claim must be filed within four (4) years with two limited exceptions

Wrongful Death - A wrongful death action in Ohio must be filed within two (2) years from the date of death.

What does it Cost?

Our clients are not required to pay a fee unless you are awarded compensation for your claim?

What About Expenses?

Our firm advances the expenses needed to finance your case. You will only be required to repay these expenses if we are successful in recovering damages for your claim. If you don’t recover damages, you will not be obligated to pay a fee or other expenses associated in prosecuting your case.

How Much is My Case Worth?

This is a frequently asked question that is very difficult to answer in the early stages of the case.  We can only accurately predict the value of your case once all the necessary information has been obtained. Here is a list of factors that are important in determining the value of your case.

• The amount of medical bills incurred
• How much income and other employment benefits were lost as a result of the injury. This includes lost wages, sick leave used, vacation time used, and other documented losses resulting from your injury.
• The extent of the injury and how it has affected the injured person’s everyday life. This includes limitations on daily activities, sports, leisure, and social life.
• Whether the injuries are permanent
• The extent of liability of the defendant(s)
• How the law applies to the facts of the case
• The pain and suffering endured

What is a Wrongful Death Action?

A “wrongful death” occurs when a person is killed due to the negligence or misconduct of another individual, company, or entity. Under Ohio law, a wrongful death claim belongs to certain beneficiaries set forth by Ohio’s wrongful death statute, R.C. 2125.01. These people include the decedent’s surviving spouse, the decedent’s children, the parents of the decedent, and other next of kin. The wrongful death beneficiaries may recover damages for the following under Ohio’s wrongful death statute:

• Loss of support from the reasonably expected earning capacity of the decedent
• Loss of the decedent’s services
• Loss of the decedent’s society (i.e. loss of companionship, consortium, advice, guidance, attention, training)
• Loss of perspective inheritance
• Mental anguish suffered by the decedent’s loved ones

What is a Survivorship Action?

In addition to the damages that may be recovered in a wrongful death action, the wrongful death beneficiaries may recover damages for the personal injury suffered by the decedent prior to his or her death. This cause of action is known as a “survivorship claim” because it survives the person who was injured. This action can be brought together with the wrongful death action.

DISCLAIMER:   This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal advice on any legal matter from a licensed attorney.