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!

Case Information

Firm Information

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, truck 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?

If you 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 held responsible.

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!

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Fees are only charged if a recovery is made.

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