What is the process for filing a personal injury lawsuit in Ohio?

The Process of Filing a Personal Injury Lawsuit in Ohio

If you have been injured due to someone else's negligence, you may be entitled to compensation. The process of filing a personal injury lawsuit in Ohio involves a series of steps, including:

1. Consult with a personal injury lawyer: The first step is to consult with an experienced personal injury lawyer who can evaluate the merits of your case, and advise you on whether or not you have a claim.
2. Investigation: Once the lawyer decides to take your case, they will investigate the facts surrounding the incident that caused your injury. This includes gathering medical records, incident reports, and other evidence to support your case.
3. Filing a Complaint: If it is determined that you have a strong case, your lawyer will begin the process of filing a complaint in the appropriate court. The complaint will outline the facts of the case, why you believe you are entitled to compensation, and the amount of damages you are seeking.
4. Serving the Defendant: Once the complaint is filed, the defendant must be served with notice of the lawsuit, which includes a copy of the complaint.
5. Answering the Complaint: After being served, the defendant has a certain amount of time to respond to the complaint by filing an answer. The answer will either admit or deny the allegations set forth in the complaint.
6. Discovery: Once the complaint and answer have been filed, both parties engage in a process called "discovery." This is when each side gathers evidence and seeks information from the other side. Discovery can include written questions (interrogatories), document requests, and oral depositions.
7. Pretrial Motions: Either side can file certain legal motions during the pretrial phase of the case, such as a motion to dismiss or a motion for summary judgment.
8. Settlement Negotiations: Throughout the litigation process, the parties can engage in settlement negotiations with the goal of reaching a mutually agreeable resolution of the case.
9. Trial: If the case does not settle, it will proceed to trial. At trial, both sides present their evidence to a judge or jury who will determine whether the plaintiff is entitled to compensation.

It is important to note that there are certain limitations and exceptions to the process of filing a personal injury lawsuit in Ohio. For example, there is a statute of limitations, which limits the amount of time you have to file a claim. In Ohio, the statute of limitations for most personal injury claims is two years from the date of the injury. If you fail to file your claim within this time period, you may be barred from recovering any damages.

Additionally, Ohio is a comparative fault state, which means that if the plaintiff is found to be partially at fault for the accident, their damages will be reduced by the percentage of fault assigned to them.

If you have been injured due to someone else's negligence, it is important to consult with an experienced personal injury lawyer who can guide you through the process and help you get the compensation you deserve.