Since slip-and-fall accidents can be incredibly dangerous, Ohio law allows injured victims to pursue claims or lawsuits if they suffered injuries due to the property owner's negligence. While bringing a civil action is essential in recovering compensatory damages following the traumatic incident, understanding the legal process and the rules revolving around premises liability cases is equally important.
At Schuerger Shunnarah Trial Attorneys, we understand the physical and financial impact of a slip-and-fall accident on the victim and their family members. With more than $1 billion in recoveries, our experienced lawyers are well-equipped to alleviate the affected party's burden by handling the legal intricacies of a slip-and-fall claim or lawsuit.
Those who have suffered injuries in a slip-and-fall accident in Cincinnati, Ohio, should contact Schuerger Shunnarah Trial Attorneys to ensure the protection of their rights and a fighting chance against the reckless property owners and their greedy insurance companies. They can also explain how to file a lawsuit for personal injury in Ohio.
Understanding Ohio Slip-and-fall Lawsuits
To win a slip-and-fall lawsuit, the injured victim must prove that the property owner was negligent in maintaining a safe environment. Simply put, the affected party needs to show that the landlord or manager knew or should've known about the dangerous condition on their premises.
Another thing that the injured victim must prove is that the property owner failed to warn about the hazard or address the issue. For example, the shopkeeper may be liable for any slip-and-fall injuries caused by a spillage left on the floor for too long. For more information, a slip and fall law firm in Cincinnati may be able to help.
How Long Do Ohio Slip-and-fall Victims Have to Pursue a Claim or Lawsuit?
A slip-and-fall accident could lead to serious injuries, requiring immediate medical treatment and, in some cases, rehabilitative therapy. While it is crucial to ensure one's well-being, injured victims must react quickly, as they may not have enough time left to pursue a claim or lawsuit.
Under the state's statute of limitation (Oh. Rev. Code § 2305.10(A)), affected parties have two years from the date of their slip-and-fall accident to bring a civil action against the negligent property owner. Failure to do so within the specified time limit can bar the injured victim from seeking compensation.
What Are the Different Types of Damages Injured Victims Can Recover After Their Slip-and-fall Incident?
There are two main types of damages the affected party can recover after their slip-and-fall accident on someone else's property, and these include the following:
Economic damages: A slip-and-fall accident can lead to medical bills, lost wages, and property damage, which are commonly referred to as economic losses. Under Ohio law, injured victims can recover out-of-pocket expenses by pursuing a claim or lawsuit.
Non-economic damages: Physical injuries are not the only thing injured victims need to worry about. They may experience non-economic losses, such as pain and suffering, emotional distress, mental anguish, and reduced quality of life. Fortunately, personal injury law allows legal recourse, enabling the affected party to seek compensation for these non-monetary damages by filing a slip-and-fall claim or lawsuit.
When pursuing legal action against negligent property owners, injured victims must calculate economic and non-economic losses to determine the extent of the compensatory damages. While the former is easy to estimate, affected parties may find the latter much more challenging to assess.
An experienced attorney can investigate the facts surrounding the slip-and-fall case, review previous lawsuits, and bring in experts from different fields to help calculate the total damages incurred.
Ohio Has Limits on Tort Recoveries
Under Ohio law, there are limits placed on tort recoveries, which can prevent injured victims from getting "whole" again. These include the following:
No cap on economic damages
$250,000 for non-economic damages for non-catastrophic slip-and-fall injuries
$500,000 for non-economic damages for catastrophic slip-and-fall injuries
Two times compensatory damages or $350,000 for punitive damages (whichever is less)
How to File a Lawsuit for Slip-and-fall in Ohio
While slip-and-fall accidents are common in Ohio, it's essential for the injured victim to know how to file a claim or lawsuit to initiate the legal process. Here are the steps involved in seeking compensation:
Seek Medical Help
Most affected parties fail to seek medical help after their slip-and-fall accident on someone else's property. This can adversely impact their claim or lawsuit.
The first thing to do is seek medical help, follow the recommended treatment, and maintain copies of the medical records and bills. Next, the injured victim must also notify the property owner or manager to document the incident and request a report.
Contact an Experienced Slip-and-fall Accident Attorney
While the road to recovery may be long, injured victims shouldn't wait to pursue legal action and immediately contact an experienced attorney. They can assess the case and manage the entire claim or lawsuit process while the affected party heals from their slip-and-fall injury.
Decide to File a Slip-and-fall Claim or Pursue a Lawsuit
An injured victim may have two legal options, and these include the following:
File a slip-and-fall claim: This is a legal demand sent to the property owner and their insurance company, describing how the injury occurred, when it happened, and other essential details. It must also include the amount the affected party requires to cover their medical expenses, lost wages, and other damages. Upon accepting a settlement, the plaintiff will lose their right to sue.
Pursue a slip-and-fall lawsuit: This is a legal action brought in court by the injured victim against the property owner. The judge or jury will decide the verdict of the slip-and-fall case. However, before that, the plaintiff and the defendant will have an opportunity to resolve the issue again before the trial.
Whether the injured victim chooses to file a slip-and-fall claim or pursue a personal injury lawsuit, it's important to understand that each option has its benefits and drawbacks. A skilled attorney can help explain the differences between the two and guide the affected party on their next strategy. They're also able to help explain how to file a lawsuit for a dog bite in Ohio.
Settle or Go to Trial
In most cases, the attorney will first file a personal injury claim and try to negotiate a fair settlement with the at-fault party and their insurance company.
If both parties fail to reach any consensus, the plaintiff and their law firm can file a lawsuit in court, where the judge or jury will decide the verdict.
Schuerger Shunnarah Trial Attorneys Are Ready to Go to War for the Cincinnati Slip-and-fall Victims!
Those who have suffered injuries in a slip-and-fall accident in Cincinnati, Ohio, should call us to schedule a free consultation with our experienced premises liability attorneys. We have the resources to investigate the victim's accident, prove that the property owner owed the affected party the duty of care and breached it, and hold the negligent party liable for the damages caused!