Cleveland Personal Injury Law Firm

An Overview: What is Personal Injury?

Personal injury is an area of civil law initiated by a complaint alleging wrongdoing on behalf of a defendant that caused or contributed to the plaintiff's injury or loss. Civil personal injury complaints are sometimes settled outside of court, while in other cases they go to trial to be decided by a judge/jury. A jury trial is typically sought when a plaintiff and his or her counsel believes the defendant is not providing a reasonable offer.

Plaintiffs in personal injury cases seek damages, which is money that a defendant would pay to compensate for a loss. In some personal injury cases, damages can be punitive, acting as a punishment to defer the defendant's future misconduct of a similar nature. A primary function of damages in a personal injury case is to provide money for the cost of past, present, and future medical expenses.

The plaintiff in civil personal injury cases is the individual who has been wronged, while the defendant is the person or organization accused of inflicting or allowing that wrongdoing. There can be multiple defendants in a given personal injury case. When there are multiple plaintiffs in a civil case, they can be grouped into a class.

Plaintiffs in personal injury cases are typically in no place financially, especially due to accident-related medical expenses, to hire an injury attorney. That is why most attorneys work on a contingency fee, meaning the client does not pay unless/until the attorney wins the case and damages are recovered.

What is the Statute of Limitations on Personal Injury Cases in Ohio?

Whether you’ve been injured in a car accident or by medical malpractice, your lawsuit has a statute of limitations that you must adhere to in order to seek compensation.

Statute of limitations is a law in which a time limit is placed on lawsuits. This time may change depending on what state you bring your case. In Ohio, it is typically 2 years for a personal injury case. However, there are exceptions and factors that go into each case.

In any lawsuit, it’s important to start early. Speak to an experienced attorney as soon as possible to get your personal injury case started and underway. Many times, you will still be receiving medical treatment during the course of your case. This is typical and does not take away from your lawsuit.

While the typical statute of limitations in a civil case is 2 years in Ohio, there is something called the ‘discovery rule’ which can lengthen that amount of time. Someone may have been injured but not know it immediately. 

For example, if you were a surgical patient and the doctor did something to cause you injury it may not develop for months or even years. But once that discovery is known, the period of time to bring a lawsuit starts. 

The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.

Be sure to speak with an experienced injury lawyer who understands statute of limitation restrictions and how they affect you in your own personal injury matter.

Recovering Compensation After an Accident

In Ohio, personal injury plaintiffs may be entitled to several types of damages, which are generally categorized as compensatory (both economic and non-economic) and, in rare cases, punitive damages. 

Economic damages are out-of-pocket costs caused by the injury:

• Medical bills (doctor visits, hospital stays, rehab, prescriptions)
• Lost wages (from missing work)
• Reduced ability to earn in the future
• Property damage (like car repairs)
• Other expenses (like transportation or home care)

Non-economic damages cover pain and suffering that’s not tied to a bill:

• Pain and suffering
• Emotional distress (like anxiety or depression)
• Loss of enjoyment of life
• Scarring or permanent disability
• Loss of companionship (for spouses/family)

In rare cases, punitive damages are awarded if the person who caused the injury acted very recklessly or intentionally. These types of damages are meant to punish and stop bad behavior—not just to pay you back.

Most non-economic damages are capped (limited) at $250,000–$350,000, unless the injury is very serious (like losing a limb or being permanently disabled). Punitive damages are also capped, usually at twice the amount of other damages.

Personal Injury FAQs

What should I do immediately after being injured?

• Get medical treatment right away
• Report the incident (e.g., to police, employer, or property owner)
• Gather evidence (photos, witness info, medical records)
• Avoid giving statements to insurance adjusters without legal advice
• Contact a personal injury attorney

How is fault determined in Ohio personal injury cases?

Ohio follows a comparative negligence rule. If you are partially at fault, your compensation is reduced by your percentage of fault. If you're more than 50% at fault, you cannot recover any damages.

Will my case go to court?

Most personal injury cases in Ohio settle out of court. However, if the insurance company refuses to offer a fair settlement, your lawyer may recommend taking the case to trial.

How much is my personal injury case worth?

The value of a case depends on factors like the severity of your injuries, medical costs, lost income, and how the injury affects your life. An attorney can give you a more accurate estimate after reviewing the details of your case.

Do I need a lawyer for a personal injury case in Cleveland?

While you're not legally required to have a lawyer, an experienced personal injury attorney can protect your rights, deal with insurance companies, and help you pursue full compensation. Our team works on a contingency fee basis, meaning you don’t pay unless you win.

Consult Spangenberg Shibley & Liber LLP in a Free Evaluation of Your Injury Case

With over 70 years of experience, our attorneys have recovered over $1 billion in successful cases. We have received numerous accolades, such as inclusion in the 2016 list of Best Lawyers® in America and the National Trial Lawyers Top 40 Under 40. We are prepared to represent you effectively.

Don't Wait to Get Help. Contact Our Office Today at (216) 600-0114 and Schedule Your Free, No-Obligation Consultation.