Personal injury law can allow a victim or a victim’s loved ones to be compensated for losses due to someone else’s negligence. Whether you’ve been injured in a car accident, slip and fall accident, or other type of accident, personal injuries can be a difficult time for a victim and a victim’s loved ones to process. Victims of personal injury cases may face a variety of challenges, including mounting medical bills, lost wages, and physical pain and suffering. Navigating the complex legal process of a personal injury case can be overwhelming, especially when you’re dealing with physical and emotional injuries.
At Babin Law, LLC we understand the challenges you’re facing, and we’re committed to providing you with the personalized legal representation to help you recover the compensation you deserve. Our experienced Cincinnati personal injury lawyers are here to help you navigate the legal process. We will make sure that you recover the proper amount that is equivalent to your injuries and related losses. We understand the physical, emotional, and financial toll that a personal injury can take on your life, and we’re committed to help you get the justice and compensation you deserve. Contact our Cincinnati personal injury attorneys today for your free consultation.
What is Personal Injury Law?
Personal injury law is the area of law that covers cases where a person has been injured or harmed as a result of someone else’s negligence, recklessness, or intentional misconduct. The goal of personal injury law is to hold the responsible party accountable for their actions and to provide compensation for the injured person’s losses.
Personal injury cases can arise from a variety of situations, such as rideshare accidents, slip and fall accidents, medical malpractice, and product liability. In these cases, the injured person, or plaintiff, may be able to recover compensation for their medical expenses, lost wages, pain and suffering, and other related losses.
Personal injury cases can be complex, involving detailed investigations, legal arguments, and negotiations with insurance companies.
Common Cases in Cincinnati Personal Injury Law
Some common types of personal injury claims that we see here at Babin Law, LLC include:
- Car accidents: These can range from minor fender benders to serious collisions resulting in injuries or death.
- Slip and fall accidents: These can happen on someone else’s property, such as a grocery store or restaurant, if the property owner was negligent in maintaining a safe environment.
- Medical malpractice: When a healthcare professional fails to provide the appropriate standard of care and causes injury or harm to a patient.
- Product liability: When a defective or dangerous product causes harm to a consumer.
- Dog bites: When a dog owner fails to properly control their animal, resulting in an attack or injury.
- Workplace accidents: These can range from slips and falls to more serious incidents such as construction accidents or exposure to hazardous substances.
Types of Injuries in Personal Injury Law
The injuries a victim suffers from a personal injury case will vary depending on the circumstances of the incident. Some of the more common injuries include:
- Traumatic brain injuries: These can result from a blow to the head, such as in a motorcycle accident or slip and fall, and can range from mild concussions to more severe brain damage.
- Spinal cord injuries: These can result in partial or complete paralysis, and can occur from a variety of accidents such as car accidents, falls, or sports-related injuries.
- Broken bones: These can occur from any number of accidents and can range from minor fractures to more severe breaks that require surgery.
- Soft tissue injuries: These can include sprains, strains, and tears to muscles, tendons, and ligaments, and can result from a variety of accidents such as car accidents or slip and falls.
- Burn injuries: These can result from fires, explosions, or exposure to hot substances, and can range from minor burns to more serious third-degree burns.
- Scarring and disfigurement: These can result from a variety of accidents and can have long-lasting effects on a person’s physical and emotional well-being.
- Emotional distress: These can include psychological injuries such as anxiety, depression, or post-traumatic stress disorder (PTSD), and can result from a variety of accidents including car accidents, assault, or medical malpractice.
Who Can Bring a Personal Injury Claim in Cincinnati?
The legal term for the ability to bring a claim to court is called “standing”. The victim typically is the individual who brings a personal injury claim to court, but sometimes, there are other individuals who are eligible to bring a claim because they have adequate standing.
In Cincinnati, a personal injury claim can be brought by anyone who has suffered harm or injury as a result of the actions or negligence of another person or party. This can include:
- Individuals: This includes anyone who has been injured in an accident, such as a truck accident or slip and fall, and who can demonstrate that their injuries were caused by the actions or negligence of another person or party.
- Family members: If an individual is killed as a result of someone else’s actions or negligence, their surviving family members may be able to bring a wrongful death claim on their behalf.
- Minors: Minors who have been injured as a result of someone else’s actions or negligence may be able to bring a personal injury claim with the help of a parent or guardian.
- Representatives: In some cases, a representative, such as a trustee or executor of an estate, may be able to bring a personal injury claim on behalf of an injured individual.
Statute of Limitations for Cincinnati Personal Injury Law Cases
Statute of limitations refers to the time period a victim has to file a personal injury claim. If the plaintiff fails to file before the statute of limitations runs up, they may be barred from being able to assert their legal rights as the time to bring the claim has “expired”.
The statute of limitations for personal injury law cases in Cincinnati can vary depending on the type of case and the circumstances surrounding the incident. Here are some general rules of thumb for Cincinnati:
- Car accidents: Two (2) years from the date of the accident.
- Slip and fall accidents: Two (2) years from the date of the accident.
- Medical malpractice: One (1) year from the date the patient knew or should have known that they were injured due to medical negligence, but no more than four (4) years from the date of the malpractice.
- Product liability: Two (2) years from the date of the injury caused by the defective product.
- Dog bites: Two (2) years from the date of the injury.
Is There a Cap On What I Can Recover in a Cincinnati Personal Injury Case?
Damages refers to the amount that a victim can recover if he/she can prove the defendant caused the personal injuries. Some states have limits on recovery. In Cincinnati, there is no specific cap on damages for personal injury cases.
However, there are certain types of personal injury claims where damages may be limited or subject to caps under Ohio law. Some examples include:
- Non-economic damages: These include damages for pain and suffering, emotional distress, and loss of enjoyment of life. In Ohio, there is a cap on non-economic damages in medical malpractice cases. The cap is currently set at $250,000 per plaintiff or $500,000 per occurrence.
- Punitive damages: These are damages that are intended to punish the defendant for particularly egregious conduct. In Ohio, punitive damages are generally capped at twice the amount of compensatory damages, or $350,000, whichever is greater.
- Governmental liability: If the defendant is a government entity or employee, there may be limits on the amount of damages that can be recovered. In Ohio, there is a cap of $250,000 per plaintiff and $500,000 per occurrence for claims against political subdivisions, such as cities or counties.
Contact our Cincinnati Personal Injury Lawyers Today
If you or a loved one have suffered an injury due to the actions or negligence of another person or party, it’s important to seek the assistance of skilled personal injury lawyers in Cincinnati. At Babin Law, LLC we will help guide you to understand your legal options and navigate the complex legal system to pursue the compensation you deserve. Whether you’ve been injured in a car accident, slip and fall, or any other type of incident, our Cincinnati personal injury attorneys can provide the guidance and advocacy you need to protect your rights and get justice to ease your pain. Contact us today for your free consultation.