Slip-and-fall accidents often result in serious injuries. Although most people picture a grazed knee or elbow when thinking about such cases, the truth is that traumatic brain injuries, broken bones, fractures, spinal cord damage, and permanent disability can result.
When a fall injury is caused by someone else's negligence, the victim can file a legal claim to recover compensation for economic and non-economic losses. However, the importance of taking swift action cannot be stressed enough.
The state of Ohio has strict rules when it comes to the deadline for taking legal action against the at-fault party. This article will provide insight into the statute of limitations to help claimants understand the rules that apply.
About Slip-and-fall Accidents
The truth is that property owners have a responsibility to maintain a safe environment for guests and patrons, according to the Ohio premises liability law.
If they fail to conduct the necessary maintenance or repairs, this could create a potential hazard. When an unsuspecting victim trips and falls, injuring personal property and causing health-related consequences, the negligent owner can be held accountable.
It's also important to mention that Ohio follows a comparative negligence law, which means that the injured party can file a fall claim, even if they are partly to blame for the accident.
To prove liability in a slip-and-fall case, a personal injury attorney will need to demonstrate that the owner of the establishment had a duty to ensure the victim's safety. They will then need to prove that this breach of duty is what caused the claimant's fall injuries and that they incurred real losses as a result. They can also help with a motorcycle accident statute of limitations in Ohio.
Legal representatives will gather evidence in the form of medical records, witness testimonies, surveillance footage, and more to prove negligence and secure a favorable outcome.
The Statute of Limitations for Personal Injury Claims
The time limit that a victim has to file a lawsuit against the negligent parties is called the statute of limitations. According to Oh. Rev. Code § 2305.10(A), the deadline for bringing a personal injury claim in Ohio is two years from the date of the incident.
If a person does not comply with this timeframe, they forfeit their legal right to bring a lawsuit against the defendant for damages.
Although the slip-and-fall statute of limitations in Ohio may appear to afford the claimant a lot of time, it's always best to begin compiling evidence sooner rather than later.
Exceptions to This Rule
There are exceptions to the statute of limitations that will apply in certain instances. If the plaintiff is a minor, this deadline is extended to two years from the day they turn 18 years old.
Furthermore, the timeframe for filing a lawsuit may be extended if injuries are discovered later or the person has a disability that prevents them from pursuing restitution in the allotted timeframe.
Why Victims Should Not Delay the Claims Process
When an individual is injured on someone else's property, it's imperative that they contact an Ohio slip and fall attorney as soon as possible and get to work building a case. This is because compiling a strong argument takes time, and to do so, it's important to start early.
Witnesses May Forget Crucial Details As Time Passes
Eyewitness statements can provide strong evidence in any personal injury claim. However, the longer a plaintiff waits to compile their case, the lower the chances that the witness will forget important information.
This can be incredibly detrimental to a case and reduce an injured person's chances of obtaining the compensation they desperately need to make a full recovery.
There Will Be Sufficient Time to Prepare a Compelling Case
The burden of proof is typically on the victim, rather than the property owner, in slip-and-fall claims, which is why it is important that they ensure that there is enough time to gather evidence.
Attorneys typically require time to investigate the slip-and-fall incident, which might include securing surveillance footage, talking to witnesses, calling in experts, and more. This is why starting early can mean the difference between winning and losing a case.
Surveillance Footage Can Be Lost
Another reason why claimants should not delay is that other forms of evidence can be lost. The reality is that surveillance footage, which can be used to prove what happened, is often only held for a short period.
After that, it is often permanently deleted, which means that a vital piece of information can be lost forever.
They Risk Missing the Deadline
When a person delays and tries to file a personal injury lawsuit at the last minute, they risk missing their golden opportunity. This means that any attempt to claim the money they need for damages incurred would be lost.
Damages That Are Typically Awarded in a Slip-and-fall Case
Most personal injury claims involve economic and non-economic damages. The former refers to calculable monetary losses, while the latter is for more subjective items.
Examples of Economic Losses
Economic damages may include the following:
Lost wages
Medical expenses
Property damage
The abovementioned items are often easier to calculate. Medical bills, proof of repairs, and more can be used to back up these expenses.
Examples of Non-economic Losses
Non-monetary damages are more subjective, so calculating them may require the assistance of an experienced lawyer. They typically include the following:
Pain and suffering
Mental anguish
Loss of enjoyment of life
Disfigurement
Satisfy the Requirements of the Law with the Help of an Experienced Advocate
Slip-and-fall accident victims are often placed under tremendous financial strain. Because severe injuries can impair their ability to work and earn an income, they are often left in a tough position. To make matters worse, medical bills add up, placing an additional burden on the sufferer.
If someone else's negligence was responsible for the incident, there is no reason why the victim should have to cover their damages. Injured patrons or guests can take back their lives by pursuing financial compensation and the justice they truly deserve.
Schuerger Shunnarah Trial Attorneys is a seasoned team of legal representatives that goes to great lengths to secure favorable outcomes in personal injury cases. A friendly advocate can help victims understand the slip-and-fall statute of limitations in Ohio and ensure that they meet the requirements.
Claimants can contact us to claim their FREE consultation and find out how they can pursue justice!