Frequently Asked Questions
PERSONAL INJURY
What if the accident is partly my fault, can I still have a claim?
Even if an accident or injury was partially your fault you still may have a claim based on the concept of comparative negligence or contributory negligence. The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence." The term "comparative negligence" means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you're guilty of contributory negligence. You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor's power saw or other dangerous tool if you're inexperienced or fail to use a safety guard. This is called assumption of risk.
How do I know if I may need an attorney?
If you have been seriously injured or are unsure as to the outcome of your personal injury, then an experienced Ohio personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. In a serious injury case, you are better off hiring an attorney immediately. Most firms offer a free consultation, with no obligation; therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer. There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
What is the Statute of Limitations?
The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. There are some exceptions and an experienced attorney can help you with them.
What is negligence?
Negligence is the commission of a civil wrong, a tort, that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of others in a particular circumstance. Negligence is any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. Negligence is also the name of a cause of action in the law of torts. To establish negligence, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant's negligent conduct was the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged.
What is considered a Reasonable Person?
A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. The hypothetical reasonable person provides an objective by which the conduct of others is judged. In law, the reasonable person is not an average person or a typical person but a composite of the community's judgment as to how the typical community member should behave in situations that might pose a threat of harm to the public. Even though the majority of people in the community may behave in a certain way, that does not establish the standard of conduct of the reasonable person. For example, a majority of people in a community may jaywalk, but jaywalking might still fall below the community's standards of safe conduct.
If you have been injured, you only have a certain amount of time to protect your rights and to assert your claim. Therefore, you are only hurting your own cause by not beginning the process of holding the negligent parties responsible. Contact Bieser, Greer & Landis LLP today for a free consultation to discuss how to recover the damages you deserve. Call us toll free at 866-784-3016 or email us using the contact form in the left column - we'll provide prompt and considerate response.
