Franklin County, OH Personal Injury Attorneys

Award-Winning, Experienced Legal Counsel

At Rourke & Blumenthal, our attorneys are here and prepared to help our clients smoothly navigate personal injury matters. With over 150 years of collective experience, our firm has a rich history of aiding those who have been unjustly harmed. We pride ourselves on being not just your legal advisors, but your partners in this journey, demonstrating compassion and dedication every step of the way.  

If you or a loved one have been injured in a negligence-based accident, our firm is equipped to help. We have experience in handling large and complex cases, including mass torts or class actions.

You can also trust our firm with your claim as:  

• We make ourselves available to our clients throughout their case and are available evenings and weekends.  
• We have a proven track record of success—you can review our verdicts and settlements.  
• We work on a contingency fee basis, which means you do not pay us unless we recover compensation for you.  
• We are award-winning attorneys and have been recognized as Super Lawyers® and been AV® Rated with a top rating for ethics and legal skills.

How Does a Personal Injury Lawsuit Work?

Personal injury law, often referred to as tort law, exists to protect individuals who have been physically or psychologically injured due to the negligence or intentional acts of others. Claims can arise from a wide range of incidents including, but not limited to, car accidents, workplace accidents, medical malpractice, slip and fall incidents, and product liability cases.

In these cases, the injured party, known as the plaintiff, must prove that the other party, the defendant, was negligent or liable for their injuries. Negligence implies that the defendant failed to exercise the level of care expected in a particular situation, while liability means responsibility for the damages caused. This is often referred to as the 'burden of proof' and typically lies with the plaintiff.

The types of injuries that can be claimed for are broad, covering everything from physical harm such as broken bones, burns, or spinal injuries to emotional distress or loss of earning capacity. The compensation amount depends on the severity and impact of these injuries on the individual's life.

Personal injury law can be complex, involving intricate details and legal jargon. Therefore, if you believe you have a personal injury claim, it is highly recommended to consult with an experienced attorney who can guide you through the process.

A personal injury lawsuit can be an intimidating process, especially for someone who is already dealing with physical and emotional distress.

You should retain an attorney who can support you throughout the process, which entails:

• Initial injury and consultation. The first step in a personal injury lawsuit is the occurrence of an injury. It could be an accident, medical malpractice, or any other incident where another party's negligence resulted in harm. If you believe your injury was due to someone else's fault, it is crucial to consult with an attorney specializing in personal injury cases. They can help determine whether you have a valid claim.
• Filing a complaint. If your attorney believes you have a case, the next step is filing a complaint in court. This official document outlines your legal claims, the facts supporting those claims, and the damages you are seeking. It is important to note that lawsuits need to be filed within strict time limits known as statutes of limitations, which vary by state.
• Investigation of the claim. Once the complaint is filed, your attorney will begin investigating your claim. This may involve gathering evidence, interviewing witnesses, and consulting with experts. The goal is to build a compelling case that supports your allegations.
• Defendant's answer. After the complaint is served to the defendant (the party you are suing), they have a set period, usually 30 days, to respond. Their "answer" either admits or denies the allegations in the complaint. If they fail to respond within this time frame, you may be awarded a default judgment.
• Discovery phase. The discovery phase allows both sides to exchange information and evidence. This might include documents, depositions (sworn out-of-court testimonies), and written questions known as interrogatories.
• Settlement negotiations. Many personal injury cases are resolved through settlement negotiations. Both sides may agree to a specific amount to avoid going to trial. The settlement agreement typically involves the plaintiff (you) forfeiting any future legal action related to the injury in exchange for the agreed compensation.
• Trial. If a settlement cannot be reached, the case goes to trial. Here, both sides present their arguments and evidence to a judge or jury, who then decides if the defendant is liable. If liability is determined, they also decide the amount of damages to award.
• Collection of judgement or settlement. After a judgment or settlement is reached, you will collect your compensation. Depending on the situation, this might require additional legal action, especially if the defendant refuses to pay. It is important to note that if either party is unhappy with the trial's outcome, they may appeal the decision to a higher court. However, appeals can be a lengthy and costly process.

Cap on Damages in OH Personal Injury Actions

Economic damages compensate the plaintiff for their monetary losses, which can include medical expenses to cover medical expenses cover costs related to hospitalization, surgeries, medication, rehabilitation, and any future medical care necessitated by the injury.

These damages also include:  

• Lost income  
• Property damage
• Loss of earning capacity  
• Home modification costs

Noneconomic damages, often termed "pain and suffering" damages, compensate the plaintiff for non-monetary losses. These can include physical pain, mental anguish, loss of companionship, emotional distress, and other types of suffering that do not have a specific economic value. Because these damages are intangible and subjective, they can be difficult to quantify.

In Ohio, noneconomic damages are subject to a cap, as outlined in the Ohio Revised Code (ORC) Section 2315.18. Under this statute, noneconomic damages cannot exceed $250,000 or an amount that is equivalent to three times the economic damages.  

Serving Clients in Franklin County for Over 150 Years

Rourke & Blumenthal is committed to providing our clients with aggressive and individualized legal counsel. Known for our commitment to excellence and dedication to our clients, our attorneys take the time to develop personalized strategies for our clients. From carefully examining your case to collecting evidence to establish liability and negotiating a settlement, our legal team is here to help you.  

Our firm handles the following types of personal injury claims:  

• Medical malpractice. Medical malpractice claims are legal cases that arise when a healthcare professional deviates from the accepted standards of practice in their profession, resulting in patient harm or injury. These claims often involve errors in diagnosis, treatment, aftercare, or health management.
• Wrongful death. Ohio Revised Code § 2125.01 allows for a wrongful death claim to be filed when someone's death is caused by negligent or wrongful actions. This claim seeks compensation that the deceased person would have been entitled to if they were still alive. Wrongful death claims can arise after a loved one dies in a pedestrian accident, car accident, truck accident, animal attack, or other negligence-related accidents.  
• Car accidents. If you are injured in a car accident, you can pursue compensation for your damages. Common causes of negligence-related automobile accidents include speeding, drunk driving, vehicle maintenance issues, reckless driving, and defective parts.  
• Truck accidents. Truck accidents can also lead to personal injury claims due to the significant damages and injuries they often cause. The most common types of injuries resulting from truck accidents include head trauma, spinal cord injuries, broken bones, and even psychological trauma such as post-traumatic stress disorder. Many parties can be liable in such accidents including the truck driver, trucking company, manufacturer, or maintenance company.  
• Motorcycle accidents. When a motorcycle collision occurs, the injuries sustained by the rider can be severe, given the lack of protection compared to other vehicles. If another party's negligence or recklessness caused the accident, the injured motorcyclist could file a personal injury lawsuit to seek compensation for their damages. The defendant in the lawsuit could be another driver, a government entity responsible for road maintenance, or even a motorcycle manufacturer if a defect in the bike contributed to the accident.  
• Product liability. While you expect the products you buy to be safe to use, sometimes, unsafe products are distributed. If you suffer injuries because of a defective product, you can pursue compensation.  
• Premises liability. Property owners have the duty to ensure that guests and people legally on their property are safe from harm. However, sometimes, negligent property conditions can lead to accidents and injuries.  
• Catastrophic injuries. Injuries that are permanent or extremely severe, such as amputation, severe burns, and spinal cord injuries, are referred to as catastrophic injuries. These injuries often require more intensive care and treatment, and our attorneys can help you fight to maximize your compensation and minimize your liability.

Learn more about how our Franklin County attorneys can help with your personal injury claim. Call (614) 321-3212 to schedule a free initial consultation today.