Frequently Asked Questions
Discuss Your Case with a Columbus Injury Attorney
Find out general information about your case and if your situation warrants
a claim by reviewing the answers below!
How long do I have to file my claim in Ohio?
Personal Injury and
Auto Accidents – Under Ohio law, you must file your lawsuit within two years from
the date of the accident or other cause of the lawsuit. This applies to
any personal injury, car accident,
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
knows 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.
How do I schedule a consultation and what should I expect from this consultation?
The best way to schedule a meeting is to
call our office at 614.321.3212 and ask to speak with one of our Columbus personal injury lawyers. There
is no charge for an initial consultation. Also, if you or your loved one
is unable to come to our office for the meeting, we will make arrangements
to meet at a mutually convenient location.
You will meet with an attorney at your
initial consultation. The purpose of the meeting is for us to find out as much as possible
about your potential case and to answer as best we can any questions that
you may have. We always try to provide potential clients with an honest
and realistic evaluation of their case. We do not take every person that
contacts us with a potential case. Also, many cases must be investigated
before a decision can be made regarding whether to pursue the case.
How does the fee agreement work?
We provide legal services to our clients on a contingency fee basis. This
means that we are paid only if you make a recovery. If we do not obtain
a recovery for you, we are not paid anything for our legal services. We
also advance all expenses necessary to vigorously prosecute your case.
If there is a recovery made, the expenses that our firm advances are paid
from the client’s percentage of the recovery. If we do not obtain
a recovery for your, then you do not have to reimburse our firm for the
money invested into your case.
How much does it cost to prosecute a case?
Every case is different. Generally speaking, the average case that goes
to trial usually costs somewhere between $15,000 and $75,000. Cases involving
multiple parties and complicated issues, such as product liability and
medical malpractice cases can cost in excess of $150,000 to pursue. Rourke
and Blumenthal will advance all of the costs of litigation and charge
you nothing unless a settlement or judgment is obtained.
How long will my case likely last?
The answer to this question depends on a number of different things. For
example, the typical personal injury case related to a car crash can take
anywhere from six months to three years to resolve depending on the complexity
and the nature of the injuries involved. A medical malpractice case or a
product liability case usually takes at least two years, if not longer, to resolve. As our
client, we will keep you informed of all the developments in your case
as it moves forward.
Are there a lot of frivolous lawsuits filed in Ohio?
Not in our opinion. For instance, in order to file a medical malpractice
lawsuit in Ohio, a qualified expert physician must first review the case
and determine whether it has merit. We cannot, and will not, file a medical
malpractice case on behalf of a client unless a qualified expert physician
tells us that the client was harmed by malpractice. We undertake the same
type of investigation for all of our other cases as well. If you think
about it, given that we handle these cases on a contingency fee basis,
it would not make very much business sense for us to invest a lot of time
and money into a case unless we felt strongly about its merits.
There is also no evidence that there are an unusually high number of personal
injury and malpractice lawsuits being filed in Ohio. In 2006, there were
1,500 malpractice suits filed against doctors, lawyers, accountants, engineers,
and other professionals in the State of Ohio. The data shows that only
134 of these cases actually went to trial. In comparison, there were 79,000
foreclosure lawsuits filed and business vs. business lawsuits outnumbered
personal injury lawsuits by more than 4 to 1. The data also shows that
the number of personal injury and medical malpractice lawsuits has steadily
declined over the past ten years.
I fell on private property. Is the owner responsible for my damages?
slipped and fell on private property and were injured, then the owner may be held liable
for your damages if they were negligent in the care of the property. For example,
premises liability might apply if someone spilled their drink on a restaurant floor and it
wasn't cleaned up or properly marked in a timely manner. If you fell
due to your own negligence or mistake; however, then the owner is not
If I was partially at-fault for my accident, can I still recover compensation?
If you are more than 51% at-fault for your accident then you cannot file
a claim. For example, if another car was speeding, but you ran a red light,
then the court would most likely award the majority of fault to you.
Have more questions? Discuss your case with our lawyers free of charge in an
initial case review!