Injury law is expansive and covers a number of legal relationships in civil law. Ohio injury laws may specialize in a number of areas including auto accidents, malpractice and workplace injury. Each Ohio injury lawyer with a specialization generally remains within that practice, which benefits the client as they will usually need an injury lawyer with significant experience to achieve the best result. An Ohio injury lawyer will be up to date on relevant state and local laws as well as tort reform movements that will affect your case. The best Ohio injury lawyer will guide you through settlement and to trial if necessary, all while working on contingency and remaining your advocate in the courtroom.
What is tort reform and how might it affect my case?
There has been a recent backlash against frivolous lawsuits and outrageous personal injury claims. This has led to tort reform movements, although many injury lawyers criticize such efforts as placing caps on human life and suffering. In 2005, Ohio joined several states that have capped damages from personal injury lawsuits with the following restrictions:
– Damages are capped at three times the economic loss, up to $350,000 or noneconomic damages up to $250, 000, for a total maximum of $500,000 that can be collected in civil tort.
o Small employers (less than 100 full time employees) cannot be sued for more than 10% of net worth.
– Punitive damages cannot be double the economic damages
– Judges can reduce excessive awards
– Product liability suits cannot be filed if the product is up to government standards
Tort reform in Ohio is intended to curb claims from pain and suffering. Speak with an Ohio injury lawyer to determine how tort reform will limit your case.
What should I bring when meeting with an Ohio injury lawyer?
It is now much more difficult to prove non-economic damages in injury cases, so you have to expect to sue on the grounds of compensatory damages. The courts may still add punitive damages, at their discretion, for recklessness or wanton disregard for the welfare of the injured person. You will need to bring police and medical reports for most accident cases. The Ohio injury lawyer will need these documents to verify your claims and build a case. Injuries sustained in auto accident cases will also require insurance documents such as damage estimates.
As mentioned earlier, a product liability injury case will only proceed if the product does not meet government standards. When meeting with an Ohio injury lawyer, bring a listing of those government standards and be ready to explain how this product violates government standards. The injury lawyer may be able to help you understand at determine the nature of the violation that caused the injury.
How do I know my Ohio injury lawyer is legitimate?
Members of the voluntary Ohio State Bar Association are subject to high professional and ethical standards. They will complete mandatory Continuing legal education classes and will have access to streamlined legal procedures and services that will help them make a convincing case on your behalf. Membership in the state bar association is generally a strong indicator that the lawyer has been vetted and may practice law in Ohio. Regarding lawyer referral service, only local bar associations maintain this service, which is regulated by the Ohio Supreme Court. Depending on your location, you will have to contact the bar association that works within that country for a referral. You can locate a lawyer based on the county they are located in through these local services.
Does comparative negligence affect my case?
Ohio is a state with comparative negligence laws that reduce awards by a factor of how negligent the plaintiff was in the actions that caused the injury. This also means that multiple parties can be found negligent and will have to pay damages as a percentage, as determined by the court. Parties under 50% of negligence will not have to pay damages and parties above this threshold must pay damages.
What are the typical rates of an Ohio injury lawyer?
An Ohio injury lawyer that works on contingency is the best option for your case. Contingency arrangements minimize the costs to the clients and often will cost the client very little if the case is lost. While even in contingency arrangements, there are court and other fees to be paid, a contingency arrangement will help you avoid costly hourly fees or an uncontrollable retainer account. Some laws may accept a lower contingency fee if the case is settled out of court. There are no limits to contingency fees although some arrangements may be subject to court approval when exceeding certain limits.
Some lawyers may require a retainer account, although this is certainly not necessary for personal injury cases. While you can go with this arrangement, a contingency arrangement would be significantly better for you needs. The retainer will be billed as the injury lawyer provides services and this account is refilled at the discretion of the lawyer. This can get expensive the longer the case becomes and the more services that are provided.
Take advantage of free consultations when they are available to discuss potential fees and payment arrangements with Ohio lawyers. You may be able to arrange low cost and extended payment for legal services at the discretion of the attorney or law firm.
What are questions to ask Ohio injury lawyers?
How does my case relate to Ohio state and local laws?
What are your fees and do you have alternate payment plans?
Are you an active member, in good standing, of the Ohio State Bar Association?
What roles do you play as a member?
Can I please have all fees in writing?
Do you see any potential flaws in my injury compensation claim?
Can you refer me to another lawyer if you are unable to take my case?
Will my negligent actions affect my award in this case?
What are my chances of winning a settlement or at trial?
