Ryan LLP Injury Blog

When you lose a loved one due to another party’s negligence or misconduct, the state of Ohio provides a legal avenue for you to pursue compensation for your losses. It goes without saying that no amount of money will ever make up for the loss of your loved one. However, obtaining a financial settlement can prevent financial devastation while you’re grieving and well into the future. 

If you suffered injury because of a doctor’s negligence, you might be entitled to file a claim and pursue financial compensation for your losses. Ohio allows victims one year in which to file a claim, though there may be exceptions.
The American Association for Justice (AAJ) reports that an estimated 98,000 people die each year as the result of preventable medical errors – making it the sixth-leading cause of death in America.

Patients in the hospital face numerous health risks, some dependent on their condition and others on the environment. When a hospital-acquired infection is the result of medical negligence, the patient may file a claim for damages. However, there are challenges that can arise in proving this type of case.

When an individual sustains bodily injury as a result of someone else’s carelessness or recklessness, the victim may recover compensation to cover damages like medical bills, lost wages, pain and suffering, and more. Personal injury cases stem from car accidents, medical malpractice and other forms of negligence. However, it’s important to note that Ohio’s comparative negligence laws can impact one’s right to damages.

Those injured as a result of medical negligence have one year in which to file a claim in Ohio.  The time period usually begins on the date of the injury. For instance, a patient goes in to have a medical procedure performed and the surgeon accidentally nicks a vital organ. This would be the start date for the medical malpractice statute of limitations.  However, if the patient did not know, or was unable to determine, that malpractice could have occurred, then the beginning date may be a later date than the date of treatment.

In Ohio, there are two types of wrongful death damages awarded: economic and non-economic. While most personal injury cases have a limit on the amount of non-economic damages available, there is no limit on the amount of non-economic damages that claimants can recover in wrongful death cases.  Wrongful death damages are specifically protected under the Ohio Constitution and the types of compensation available are itemized within the Ohio Revised Code.  Navigating the complexities of these cases requires a law firm with experience handling wrongful death cases.  

There are a myriad of types of distracted driving, from fumbling around for a water bottle, fiddling with the radio stations, to texting while driving. Taking your eyes off the road for six seconds while driving 55 miles per hour means that you’ve essentially driven the entire length of a football field blindly, according to a report from the Virginia Tech Transportation Institute (VTTI). Those precious seconds could cost someone his or her life.  Drivers have a duty to keep a lookout ahead and to ensure they operate their vehicle within the lane boundaries.  When drivers are distracted, it is increasingly likely that they will fail to meet their duties, resulting in unnecessary accidents and damages to other drivers.  

The statute of limitations establishes a specific timeframe in which plaintiffs may bring a legal action. They vary depending on the state and the type of case. The wrongful death statute of limitations in Ohio is two years from the date of the death.  However, due to the complexity of these types of cases, there may be limitations on the recovery date which limit the filing of some claims to one year.  And how do you recover for the period between the initial act and your loved one’s death?  Who should pay for the medical costs incurred for treatment of your loved one?