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Ohio Personal Injury FAQs

If you have suffered a preventable injury, chances are you have questions about what to expect during the personal injury claims process. Ross, Midian & Breitmayer, LLC, has prepared straightforward answers to the following FAQs to help you understand the basics before you speak with a lawyer about your specific situation.

Yes. Under Ohio’s modified comparative negligence rule, you can recover compensation from another party as long as you were no more than 50 percent at fault for the injury accident. If you are partially at fault, the amount of compensation you can get is decreased based on your percentage of fault. However, if you are found 51 percent or more at fault, you cannot recover anything from other parties.

Here’s how it works: If multiple parties are at fault for the same incident, the court or insurance company assigns each party a percentage of fault. Your compensation is then reduced by your share of responsibility. For example, if you were 20 percent at fault, your payout would decrease by 20 percent.

In most cases, you have two years from the date of an injury accident to file a personal injury lawsuit in Ohio. If you miss the filing deadline, the court will likely dismiss your case, and you will lose your right to sue for compensation. Some exceptions apply in specific situations, such as injuries involving minors or cases in which the harm was not discovered right away. Because these time limits can vary, it’s best to contact a lawyer as soon as possible to preserve your right to file.

The timeline depends on factors like the case’s complexity, the severity of your injuries, and whether the insurance company disputes liability. Some cases might settle within a few months if the facts are clear and strong evidence exists to back up the claims. Others can take much longer, especially if multiple parties are involved or basic facts are in dispute. Negotiations, evidence gathering, and expert reviews can all extend the process. If the case goes to trial, it could even take a year or more. A lawyer can track deadlines on your behalf and work to reach a fair settlement as efficiently as possible.
You are not required to hire a lawyer, but working with one can substantially improve your chance of recovering fair compensation. Insurance companies have legal teams focused on reducing their payouts. A lawyer understands how to deal with these teams and identify all possible sources of recovery. They also know how to manage court filings and negotiations while you focus on healing. Without representation, you might overlook important deadlines or accept a bad offer without realizing it.
Most personal injury lawyers, including those at Ross, Midian & Breitmayer, LLC, work on a contingency fee basis. This means you do not pay upfront fees or hourly rates. Your lawyer only gets paid if they recover compensation for you through a settlement or court award. Additionally, their fee is typically a percentage of what they win for you, so you don’t have to worry about paying out of pocket. If you do not win, you usually owe nothing for legal services. Any good attorney will explain their fee structure clearly to you during your initial consultation.
While your case is pending, you can rely on your health insurance, medical payments (MedPay) coverage under your auto policy, or workers’ compensation benefits if applicable. Some healthcare providers might also agree to delay charges through a medical lien, meaning they consent to wait to collect payment until your case resolves. A lawyer can review all available options and help you coordinate billing so your treatment can continue without interruption.