When you've been injured due to someone else’s negligence, it can feel overwhelming to navigate the path toward compensation. In Ohio, the process for building a successful personal injury claim requires careful attention to detail, proper documentation, and strategic planning. Whether your injury resulted from a car accident, slip and fall, dog bite, or otherwise, this guide will help you understand how to build a strong claim.

Basics of Personal Injury Law in Ohio

Before diving into the details, it’s essential to grasp the foundational aspects of Ohio's personal injury law. Key points include:

• Statute of Limitations: For auto accidents, Ohio law generally allows two years from the date of the injury to file a claim. Missing this deadline can result in losing your right to seek compensation.
• Comparative Negligence: Ohio follows a modified comparative negligence rule, meaning your compensation may be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages.
• Types of Damages: You can seek compensation for medical expenses, lost wages, pain and suffering, and other losses related to your injury.

Seek Immediate Medical Attention

Your health and safety should always come first. Seeking prompt medical attention is crucial not only for your recovery but also for your claim. Medical records will serve as vital evidence of your injuries and their connection to the accident. Be sure to:

• Follow your doctor’s treatment plan.
• Keep all medical records, bills, and prescriptions.
• Document any ongoing symptoms or limitations caused by your injury.

Gather Evidence

Evidence is the backbone of any personal injury claim. The more proof you have, the stronger your case. Key evidence to collect includes:

• Photographs: Take pictures of your injuries, the accident scene, and any property damage.
• Witness Statements: Collect contact information and statements from anyone who saw the incident.
• Police or Incident Reports: Obtain official reports filed after the accident.
• Documentation of Expenses: Keep track of all costs related to the injury, including medical bills, repair costs, and lost income.

Avoid Common Pitfalls

Certain actions can jeopardize your claim, so proceed with caution. Avoid:

• Posting on Social Media: Insurance companies may use your posts to dispute your injury or its severity.
• Giving Recorded Statements: Consult with an attorney before speaking with insurance adjusters.
• Delaying Legal Action: Waiting too long to start the claims process can make gathering evidence and witnesses more difficult.

Consult a Personal Injury Attorney

Navigating a personal injury claim can be complicated, especially when dealing with insurance companies or legal proceedings. An experienced Ohio personal injury attorney can help you:

• Assess the value of your claim.
• Negotiate with insurance companies.
• Represent you in court if necessary.

Many attorneys offer free consultations and work on a contingency fee basis, meaning you don’t pay unless you win your case.

File Your Claim

Once your evidence is gathered and your damages are calculated, it’s time to formally file your claim. This step typically involves:

1. Submitting a demand letter to the at-fault party’s insurance company.
2. Engaging in settlement negotiations.
3. Filing a lawsuit if a fair settlement cannot be reached.

Your attorney will guide you through this process, ensuring all deadlines and legal requirements are met.

Building a personal injury claim in Ohio requires diligence, organization, and a thorough understanding of the legal process.   If you've been injured and are unsure where to start, don’t hesitate to reach out to Lardiere McNair & Stonebrook for guidance. Taking the right steps now can make all the difference in achieving a successful outcome.

Chad M. Stonebrook, Esq. is a Partner at Lardiere McNair, LLC.  To read more about our firm, please visit www.lmcounsel.com.

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