Frequently Asked Questions

FAQs

The attorneys at Ryan, LLP have built their reputation representing individuals and small businesses against large insurance corporations, government agencies, and financial institutions. The firm handles cases including personal injury, wrongful death, catastrophic injury, medical malpractice, insurance bad faith, and business torts.

More than half of medical malpractice cases go to litigation, according to a 2012 study. But many cases are dismissed, or the sides reach a settlement regarding medical malpractice damages before a trial verdict. Each case varies based upon the standard of care provided by the doctor or hospital. However, most cases involve facts where the provider disputes they have committed malpractice, and thus a trial is necessary to determine whether the appropriate standards were met.

How often do medical malpractice cases involve litigation?

JAMA Internal Medicine published a study in 2012 that reported the outcomes of medical malpractice court cases. The findings showed that 55.2 percent of claims examined between 2002 and 2005 that involved costs to the defense went to litigation. The number of claims that involved litigation varied somewhat, depending upon the medical speciality involved.

  • Anesthesiologists – claims against anesthesiologists went to court in 46.7 percent of cases.
  • OBGYNs – claims against obstetricians and gynecologists went to court in 62.6 percent of cases.
  • Internists and medicine-based subspecialists – claims against internists and medicine-based subspecialists went to court in 53.5 percent of cases.

However, in many cases, a settlement was reached prior to undergoing a trial verdict. A trial verdict was reached in 4.5 percent of the cases.

The Results of Medical Malpractice Court Cases

The aforementioned study in JAMA Internal Medicine reported that of the cases that do involve litigation, the courts dismiss 54 percent. Approximately 61 percent of cases involving internists and medicine-based subspecialists were dismissed on the high end of the spectrum, and 37 percent of cases against pathologists were dismissed. When cases are decided by a jury, the defendant wins 80 to 90 percent of the time if there is weak evidence, 70 percent of the time is the evidence is debatable, and 50 percent of the time if there is strong evidence of medical negligence, according to a 2009 study in the journal Clinical Orthopaedics and Related Research.

A Harvard School of Public Health study published in The New England Journal of Medicine reported that 73 percent of patients who were harmed as a result of a medical error – as determined by trained physician reviewers – wound up receiving compensation in their cases. The average settlement amount in claims involving medical errors in 2006 was $521,560 according to the Harvard School of Public Health study. Researchers found that 54 percent of claimants’ settlements covered administrative costs.

Medical Malpractice Court Cases are Lengthy

When the case cannot be settled and must go to court, the legal process will take a substantial amount of time to complete. The longer it takes to reach an agreement, the longer the process is dragged out.

The 2012 JAMA Internal Medicine study reported the following.

  • Cases that went to court but were dismissed took an average of 20 months.
  • Cases that went to court but were resolved before a verdict took an average of 28.5 months.
  • Cases that were decided by a jury with a verdict in favor of the defendant took 39 months.
  • Cases that were decided by a jury with a verdict in favor of the plaintiff took an average of 43.5 months.

Discuss a Medical Malpractice Court Case with an Attorney in Cleveland

If you have a medical malpractice case, discuss your situation with an attorney in your area. For a medical malpractice firm in Cleveland, contact Ryan, LLP. We have more than 50 years of combined experience in helping clients pursue claims and secure settlements for medical malpractice. Call us today at 877-864-9495 or contact us online.

To recover damages as a result of an accident or medical malpractice in Ohio, you must have suffered an injury to your person or property from the actions of another individual. In other words, the person or company who caused the harm or injury must be at fault for your accident.

Predicting the value of any Ohio personal injury case is almost impossible.  Ohio has laws that limit the recovery and the legislature has made it very difficult for the injured to recover a fair award for their injuries.  There are many factors that effects the value of a case.  Attorneys can only give you a general idea of the value of your case based on cases they have previously handled with similar facts and injuries as the present case. That said, the lawyers at Ryan LLP generally are able to give our clients a settlement range that they can reasonably expect after our lawyers have reviewed the client’s personal injury case.

Not all accidents are clearly the fault of one individual.  If more than one person caused the damage, then negligence is distributed between the parties based on state apportionment laws.  The amount of damages are apportioned between the parties based upon the amount of negligence attributed to the individual party.  When the plaintiff and the defendant are both at fault, the amount of damages a plaintiff may recover is reduced in proportion to the amount of fault attributed to the plaintiff.  The judge or jury may determine that actions of the defendant, the plaintiff, or both, caused the accident.  Based on the facts of the case, the judge or jury will allocate the amount or percentage that each party was negligent.

 

The State of Ohio follows a type of apportionment called “Modified Comparative Fault, 50% rule.  The controlling statutes are found within Ohio Revised Code sections 2315.32 to 2315.36.  The Modified Comparative Fault – 50% rule states that the plaintiff may recover his/her damages as long as the plaintiff is not more than 50% at fault in the accident.  If the plaintiff is more than 50% at fault, then the plaintiff may not recover any of the damages as a result of the accident.  If the plaintiff is less than 50% at fault, then they may recover, but their recovery will be limited according to their amount of fault.

 

For example, if a judge or jury determines that driver 1 was 30% at fault in an accident and driver 2 was 70% at fault,  driver 1 could only recover 70% of his damages (100% minus his 30% negligence) from the other party. Driver 2 would receive no compensation from driver 1 since driver 2 was more than 50% negligent (70%).

 

If you have an issue regarding fault and comparative negligence, call Ryan, LLP to evaluate the facts of the accident and determine if you have a potential claim.

If the roads were snowy or icy when your accident occurred, you still may be able to recover damages from the other driver.  A reasonable driver will take into account the road conditions and adjust their driving accordingly.  If the driver failed to take the necessary precautions, then they are negligent and can be held accountable for the consequences of their conduct.

Car Accident in Cleveland, Ohio

 

If you were involved in a car accident in Cleveland, Ohio, then there are some things that you will want to complete as soon as possible.  First, make sure you file a police report if one was not filed at the scene.  If this is a hit-skip accident, then you will need to speak to Cleveland Police Hit-Skip Department.  The phone number listed on the City of Cleveland’s website is 216-623-5085.  Once you have determined the other driver’s insurance coverage, you will need to call the insurance company and file a claim to get the process started.  However, this can be very complicated and we recommend you speak to an attorney to discuss this process.  You can quickly message our firm by completing the form to the right.  One of our lawyers will contact you to discuss this matter further.

 

If you are unable to resolve the outstanding property damage and medical expenses, you will need to file a lawsuit.  The jurisdiction where you file will vary depending on the particularities of your case, but most likely your case can be filed in either Cleveland Municipal Court or Cuyahoga County Court of Common Pleas.  Cases involving damages less than $15,000.00 can be filed in Cleveland Municipal Court.

 

At Ryan LLP, auto accidents comprise many of our cases, and our attorneys have gained vast experience in this area as a result. Prior to filing a lawsuit, our attorneys will work diligently on your behalf to secure an acceptable settlement offer from the insurance company.  Our typical case involves settlement offers which includes coverage for property damage, medical bills , pain and suffering, lost work, and other damages that our clients have suffered.

 

A good, experienced car accident lawyer can help you to get the compensation you deserve for your injuries. We believe our attorneys are the best accident lawyers in Ohio. Our auto accident lawyers have the experience to sort through these complicated issues and stand up to the insurance companies to fight for fair compensation for the victims of car accidents, truck accidents and motorcycle accidents. If you or someone you know has been injured in an auto accident call 877-864-9495 to schedule an appointment with one of the attorneys at Ryan LLP.

In the State of Ohio, an individual involved in a vehicle accident that occurs as a result of driver negligence typically has two years from the date of the car accident to file a lawsuit.  There may be facts specific to your case which could extend this deadline, but generally, the limitation is two years.  This deadline is known as the “statute of limitations”, however, there may be more than one “statute of limitations” that applies to your case.

 

Jurisdiction and limitation of actions is defined in Ohio Revised Code Section 2305.  Specifically, as to motor vehicle accidents, Section 2305.10 sets forth a two-year statute of limitations to file a lawsuit against a negligent driver that causes an accident.  The two-year time limitation begins on the day after the accident and ends on the two-year anniversary of the accident, unless the last day falls on a weekend or legal holiday defined in Section 1.14.

 

However, if the vehicle accident was caused by an intentional act, that is if another driver hits a car with the intent to cause physical harm to the driver or a passenger, then there could be a claim for vehicular assault.  In this instance, the statute of limitation as to the assault claim could be limited to one year, as defined by Ohio Revised Code Section 2305.111.

 

The issue regarding the statute of limitations can become complex and varies according to the facts of each case.  If you do not file a lawsuit within the applicable limitation period, your claims are lost forever, regardless of their merit.  Do not delay.  Contact a personal injury attorney in Cleveland, Ohio today!

No. The insurance adjuster has the insurance company’s interests in mind. An experienced representative will seek compensation with your interests in mind.

A large majority of slip and fall cases are the result of individuals losing their footing on ice or snow. In the State of Ohio, a property owner cannot be held liable for injuries that were the result of the natural accumulation of ice or snow. However, if the property owner created a hazard either intentionally or negligently, then you may be able to recover for your injuries. For example, a property owner has a broken downspout that directs water onto a sidewalk, which then freezes. If an individual slips on that ice and is injured, the property owner may be held responsible for the injuries that occurred as a result of the unnatural accumulation of ice.

A car crash on I-90 with a drunk driver leaves you with a fractured hip.

A defective toy gives your toddler third-degree burns.

A doctor improperly stitches your loved one’s surgical wound, resulting in a fatal infection.

What do these three events have in common? They are a few of the most common types of personal injuries that warrant compensation for damages.

What is a personal injury?

A personal injury is a broad term that refers to any type of injury that stems from an accident. When a person suffers a personal injury, it is often due to the negligence of another party. When this is the case, the injured party may file a personal injury claim to recover damages related to the accident and injury.

It is important to understand that not all personal injuries will warrant a claim, and not all claims will lead to damages. Every personal injury claim is different, and the following factors will determine whether or not you may be able to seek compensation:

  • Duty of care. A personal injury claim begins with a party that owes a duty of care to the victim.
  • Negligence. After filing a personal injury claim, it must be proven that negligence of the at-fault party resulted in the injury to the victim.
  • Time. According to Ohio Code § 2305.10(A) , an injured party must file a claim within the time allotted by the state, which is typically two years after
  • the accident took place. However, there are exceptions to this rule – two examples include cases involving medical malpractice and product liability. There are also shorter time limitations when the act causing the injury is considered intentional, such as an assault or defamation. Filing a personal injury claim is what allows an injured party or his or her family members to seek justice and compensation (also referred to as damages).
  • Damages. Damages are the financial, physical and emotional losses a victim incurs as a result of the personal injury, including medical bills, lost wages, and pain and suffering.

Types of Personal Injury

At Ryan, LLP, we concentrate in the following types of personal injury claims stemming from:

  • Motor Vehicle Accidents

Whether the accident involved a car, bus, truck or motorcycle, a major car crash may result in serious bone, muscle and organ damage.

  • Medical Malpractice

Any person or entity charged with caring for your health may be liable for malpractice if you suffer personal injury that could have been avoided with proper, reasonable care.

  • Wrongful Death

When an injury results in the death of a loved one, the personal injury claim becomes a wrongful death claim, which may lead to damages for the decedent’s estate as well as the decedent’s survivors; this can be a more complex claim.

Our law firm focuses specifically on these types of personal injury cases to ensure we can provide our clients with the best representation possible. For more than 40 years, our lawyers have gone against the top insurance companies at the negotiation table and in court, proving that we are not afraid to take a personal injury or wrongful death claim to trial.

Why do you need a personal injury attorney?

When you or a loved one has suffered a catastrophic injury, the outcome can be life-altering. Accident victims may suffer permanent injuries that prevent them from returning to their normal life. Spinal cord injuries, brain injuries, and limb amputations, for example, require lifelong care and special equipment.

Insurance companies may not take into account the long-term damages an injured party and his or her family may suffer. The personal injury attorneys at Ryan, LLP focus on how the accident affects you and your family’s future, both financially and emotionally.

When you choose Ryan, LLP to assist with your personal injury claim, you’re choosing a group of legal professionals who have the knowledge and resources to go up against major companies, insurers and government entities. For peace of mind and relief from dealing with insurance claims and lawsuits on your own, contact our law firm today for a free consultation: (877) 864-9495.

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