Columbus Personal Injury Lawyers

If you're curious about what it takes to win a personal injury case, you might want to explore this brief overview. It covers some substantive and procedural issues that often come up in these lawsuits.

In Ohio, personal injury cases usually rely on a concept called "negligence." To win your case, you generally need to prove that the other person didn't act as carefully as a reasonable person would have in a similar situation, and that their lack of care caused your injuries. In some cases, the level of care required can be more specific. For instance, if you're suing a doctor for medical malpractice, you'll likely need an expert witness to explain how the doctor didn't meet the standard of care expected in their medical field.

If you were in an accident caused by a business employee while they were performing their job duties, the business is usually responsible under a rule called "vicarious liability." This can be useful for you because businesses typically have more resources and insurance coverage than individual employees. Additionally, you might have a claim against the business if they were careless in hiring, supervising, or training their employees, and this led to your accident.

Some personal injury cases don't require you to prove that someone was careless. These are known as "strict liability" cases. For instance, if you were hurt by a defective product, you wouldn't need to show that the manufacturer was negligent. You would just need to prove that the defect existed and that it caused your injury. This can make it simpler to establish fault and get the compensation you deserve.

When an injury happens because of a crime like an assault, it's known as an "intentional tort" in personal injury law. In this case, you would need to prove that the defendant intentionally caused your injury. It's important to note that proving liability in a civil lawsuit is generally easier than securing a conviction in a criminal case. Thus, even if the defendant isn't convicted in a criminal court, you can still hold them responsible in a civil lawsuit and seek compensation for your injuries.

In Ohio, there's a time limit called the statute of limitations for filing a personal injury lawsuit. It's crucial to file your claim within this timeframe. If you miss the deadline, you likely won't be able to get compensation for your injuries. The defendant can ask the judge to dismiss your case, regardless of how severe your injuries are or how clear it is that the defendant was at fault.

The personal injury statute of limitations is generally two years. However, there are exceptions. For example, the statute of limitations for medical malpractice cases is generally one year, and the same goes for assault or battery cases. Since these time windows are quite short, it's important to speak with an attorney as soon as possible to discuss your legal options and ensure you don't miss your chance to file a claim.

Sometimes more than one party is responsible for an accident, such as a car crash or a slip and fall. If you were partially at fault, you might wonder if you can still receive compensation. Ohio uses a rule called modified comparative negligence. This means you can still get damages for your injuries as long as you were less than 51 percent at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 20 percent at fault for a car accident, you could still receive 80 percent of your total damages.

Ohio is among the states that have set certain limits on the amount of compensation you can receive for your injuries. Here, the damages cap only applies to non-economic damages, such as pain and suffering. There is no limit on the amount you can recover for economic damages, like medical bills and lost income. Also, there’s an exception to the cap for certain catastrophic injuries. The exception increases the cap in medical malpractice cases and removes it entirely in ordinary personal injury cases.

If you believe a government employee or entity caused your injuries, special rules apply to your claim. For instance, if you want to sue the State of Ohio, you'll need to file your case in the Ohio Court of Claims and adhere to the requirements set by the Court of Claims Act. If you're suing a local government, like the City of Columbus, the Political Subdivision Tort Liability Act will come into play. Since these cases have unique procedures and requirements, it's especially important to consult with an attorney to ensure you follow the proper steps and maximize your chances of success.

Pursuing a personal injury case in court can be lengthy, costly, and sometimes nerve-wracking. With no certainty about how a jury will see the evidence, even a strong claim is never guaranteed to succeed. This often motivates plaintiffs to settle with the responsible party or their insurer. In a settlement, the injured individual gives up the option to press legal action in return for a predetermined payment, sidestepping the stress of having a jury figure out the result.

Opting to settle also brings other benefits. It generally finishes sooner than a trial, saving time and energy. You secure funds faster for medical bills, lost income, or other losses, allowing you to focus on healing without the challenge of managing payments. Still, accepting an early offer isn’t always the best idea. Insurance companies usually initiate negotiations with lower amounts to minimize costs, so it’s crucial to evaluate how thoroughly the offer addresses both current and possible future expenses.

Finalizing a settlement too early could mean overlooking the long-term impact of injuries. If the harm is significant, delaying settlement might be prudent to gauge lingering physical issues and any necessary changes to your career or recreational activities. Once you approve a settlement, asking for additional compensation later is usually not possible.

Consulting an attorney is always smart, but it’s especially essential when facing insurance disputes or seeking significant compensation for serious injuries. The opposing party likely has seasoned lawyers working to minimize what they must pay, so having your own counsel can help level the playing field.

Your attorney will gather the necessary proof to show fault and demonstrate both financial and intangible harm. This evidence may include photos, videos, witness statements, medical records detailing your injuries, and documentation of treatment costs or lost wages. Experts might describe continued medical needs or explain how your condition could hamper your work and everyday life. Statements from those close to you can underscore changes to your overall quality of life.

As settlement possibilities arise, your lawyer’s insights are invaluable in deciding if an offer is fair. They will outline reasons for taking or not taking the offer, and they may provide a recommendation, but you retain the final choice to settle or move forward.

If a court battle follows, your attorney’s role remains critical. They handle jury selection, submit evidence, question witnesses, and speak on your behalf. They also ensure you follow deadlines and avoid legal missteps that could hurt your case. Entrusting these technicalities to a professional allows you to focus on recovery.

Finding a personal injury attorney in Columbus or one of the surrounding communities can seem daunting due to the abundance of choices. Resources like the Justia Lawyer Directory can offer a way to compare your options and zero in on someone who fits your needs.

Finding an attorney with the right area of focus is key. For instance, if you’re concerned that your doctor might not have diagnosed you as promptly as they should have, you should look for someone well-versed in medical malpractice. If your child was injured by a defective toy, you should seek a lawyer experienced in suing manufacturers.

Many firms highlight their past successes, but those figures only offer part of the picture. Client reviews can suggest how well a lawyer communicates and how they relate to injured people. Positive feedback from fellow attorneys may indicate a high level of skill and a strong reputation in the legal community.

It’s also a good idea to check the Ohio State Bar Association for any disciplinary matters. A single small infraction might not be a huge problem, but multiple or severe issues should raise red flags. You don’t want your case endangered by your lawyer’s errors.

Most personal injury lawyers provide free initial consultations, giving you a chance to gauge both their knowledge and whether you feel comfortable talking with them. A strong attorney-client relationship relies on mutual trust and a personal connection.

Unfortunately, there’s a wide range of incidents that can result in serious injuries and legal claims. Some of the most common examples include:

• Motor vehicle collisions, which may involve any combination of cars, trucks, motorcycles, bicycles, or other vehicles, as well as pedestrians
• Slip and falls or trip and falls when property isn’t adequately maintained
• Medical malpractice when a healthcare provider doesn’t meet the professional standard of care when diagnosing or treating a patient
• Neglect or abuse at a nursing home or another licensed care facility
• Products that cause injuries due to manufacturing or design defects, or inadequate safety instructions
• Dog bites and other attacks by animals
• Assault, sexual assault, and other crimes that cause physical and emotional harm

If you were injured on the job, you can likely receive workers’ compensation benefits without having to prove fault. However, the tradeoff is that you cannot sue your employer for damages. Workers’ compensation typically addresses medical bills and lost wages, but it doesn’t provide compensation for pain and suffering or other non-economic damages. In some cases, you may be able to bring a claim against a third party that contributed to your injuries. For example, if you got hurt by using defective equipment at work, you could sue the manufacturer of the equipment and potentially recover the full range of your damages. It’s a good idea to consult with an attorney to explore all of your options.

An analysis of recent jury verdicts in Ohio personal injury cases revealed that the average verdict was over $300,000. However, it’s important to keep in mind that a small percentage of very high verdicts can contribute more significantly to this number than you might think. About 3 percent of the verdicts in the study were greater than $1 million. The median of $13,000 may be a more useful number to keep in mind. This is the number in the middle of all the verdicts that were analyzed, larger than half of them and smaller than the other half.

Here are some memorable awards in recent personal injury cases from Ohio:

• $6.2 million when a hospital prescribed new medications to a patient that increased his risk of a fall, but the hospital failed to take steps to mitigate this risk, causing a fall and a brain injury
• $2 million when a hospital allegedly failed to properly diagnose a patient and promptly remove a hematoma
• $115,000 in a nursing home case when a resident with a history of swallowing problems was left unsupervised while eating and died after choking on a piece of chicken
• $108,000 for a customer who slipped and fell on a puddle at a store that employees allegedly failed to address, causing a knee injury
• $58,000 for a woman involved in a side-impact crash at an intersection with a driver who allegedly ran a red light, causing head, neck, and back injuries
• $52,000 when an employee riding in his employer’s truck was rear-ended by another driver, who allegedly followed the truck too closely

You should talk to your attorney about the amount of damages that you likely can expect in your case, considering its specific facts. Their insights will be the best way to set your expectations.

The Ohio Department of Public Safety provides statistics on car crashes in counties throughout the state. (It doesn’t provide city-specific data.) In 2024, there were 24,028 crashes in Franklin County, including 83 fatal crashes, 507 crashes in which a serious injury was suspected, and 4,106 crashes in which a minor injury was suspected. An average of about 29 people were injured in car crashes each day. Statistics specific to drunk driving accidents showed that there were 1,123 of these crashes in Franklin County in 2024, including 30 fatal crashes and 389 crashes that caused injuries.

Many of the most dangerous intersections in Ohio are in Columbus. According to data from the Mid-Ohio Regional Planning Commission, these have included intersections such as:

• Dublin Granville Road and Maple Canyon Avenue
• Broad Street and James Road
• East Livingston Avenue and Hamilton Road
• Morse Road and Karl Road
• Hilliard Rome Road and Renner Road
• Frank Road, Refugee Road, and Winchester Pike
• Cleveland Avenue and Dublin Granville Road
• Broad Street, Lancaster Avenue, and Reynoldsburg-New Albany Road
• East Main Street and McNaughten Road
• East Livingston Avenue and James Road

It’s always especially important to pay attention to your surroundings when you’re approaching an intersection in the Columbus area. A lapse in focus could cause serious injuries in a matter of moments.

If you want to bring a claim or lawsuit after a car accident, you should try to get the police report for the crash. This could help explain what happened and who was responsible. You can submit your request to the Columbus Division of Police online or by sending a fax to the Columbus Police Record Section at 614-645-4001. Alternatively, you may be able to get your accident report from the website of the Ohio Department of Public Safety.

A patient who feels that they didn’t receive proper care from a doctor in the Columbus area can file a complaint with the State Medical Board of Ohio. Meanwhile, you can file a complaint regarding substandard care or misconduct at a facility such as a nursing home or hospital with the Bureau of Survey and Certification in the Ohio Department of Health.

If you’ve been affected by a violent crime, you might want to contact the Victim Services Unit in the Columbus Division of Police. Among other assistance, it can provide a list of services or resources to help you recover from this traumatic experience. The Crime Victim Services Section in the Ohio Attorney General’s Office also can assist you. It operates the Crime Victim Compensation Program, which reimburses certain victims of violent crimes for various expenses.

After an accident on the job, you may want to consult the resources provided by the Ohio Bureau of Workers’ Compensation. These explain topics such as the rights of injured workers, the process of filing a claim, and options for returning to work.

1. What kinds of damages can I get for my injuries?

   Damages commonly available in personal injury cases include medical bills, lost income, the costs of future medical treatment, and lost earning capacity. You also might get reimbursed for property damage and out-of-pocket costs like home modifications to accommodate a disability. However, a large chunk of a damages award often consists of non-economic damages for intangible harm like pain and suffering or mental anguish. If the defendant did something especially egregious, you also might get punitive damages, but these aren’t the norm.

2. What does it cost to hire a personal injury lawyer?

   Most personal injury attorneys work on a contingency fee basis. This means they only get paid if they win money for you. Typically, they will take a percentage of your compensation, often between 25 and 40 percent. The fee agreement might specify that the attorney gets a higher percentage if your case goes to trial rather than settling beforehand. If your attorney doesn't secure compensation for you, you won't owe them any fees.

3. What happens if I got hit by a driver who wasn’t insured?

   If you have uninsured motorist insurance, which is highly recommended, you can file a claim with your insurance provider. However, be aware that your insurer might not be as cooperative as you'd hope, even though you're paying for the coverage. If your insurer resists your claim, it might be a good idea to consult an attorney. If you don't have uninsured motorist insurance, your next option is to sue the at-fault driver and try to collect from their assets. However, this approach may not fully cover all of your damages.

4. Who can bring a wrongful death lawsuit in Ohio?

   In Ohio, the personal representative of a deceased person's estate can file a wrongful death lawsuit following a fatal accident. Similar to a plaintiff in a standard personal injury case, they typically have two years from the date of the death to file the lawsuit.

5. Will I need to go to court for my personal injury case?

   There’s a good chance that you won’t need to go to court. Most personal injury claims get settled out of court. However, it’s wise to prepare for the possibility of going to court in case you don’t get a reasonable settlement offer. You can settle your case at any point until trial.