Personal Injury

If you’ve experienced the death of someone you love due to another person’s intentional actions or negligence, you may feel emotions of grief, anxiety, and anger.  Taking legal action can’t replace your loved one, and it can’t ease your loss. However, seeking justice for a wrongful death in Ohio can make the person responsible for this tragedy pay. A wrongful death lawsuit can provide for you and your family while preventing the same tragic action from impacting anyone else. If you’re considering a wrongful death lawsuit, you need to understand Ohio law. To learn more about the Ohio wrongful death statute, keep reading. Who Can File a Wrongful Death Lawsuit in Ohio? The Ohio wrongful death statute defines a wrongful death as one that is caused by a “wrongful act, neglect, or default” that would have been eligible for a personal injury lawsuit had the person not died. In other words, if you can sue for a personal injury caused by an action, your representatives can sue for a death caused by the same action. The personal representative (executor of the estate) of the decedent (person who died) can bring a wrongful death lawsuit in Ohio. The personal representative brings the wrongful death action on behalf of these people: The surviving spouse,  The decedent’s children,  The parents of the decedent, and Other next of kin. The family members of the decedent must have suffered harm from the wrongful death to recover compensation.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Time Limits on a Wrongful Death Lawsuit? The wrongful death statute of limitations in Ohio limits the time you have to file a wrongful death lawsuit. The personal representative has two years from the date of the wrongful death to file a lawsuit. If you file a wrongful death lawsuit after the Ohio wrongful death statute of limitations runs out, the court will likely dismiss your case.  OHIO WRONGFUL DEATH STATUTE FAQ What Are Damages in a Wrongful Death Case? Wrongful death damages are the compensation available to survivors for the loss of their loved one. These damages reflect the harm that family members have suffered as a result of the wrongful death. Different types of damages may be compensated, including: Loss of support, meaning the loss of financial income the decedent would have provided; Loss of services, such as childcare, housework, or car repairs provided by the decedent; Loss of companionship, care, and affection of the decedent; Loss of inheritance the family members might have received were it not for the decedent’s untimely death; and Mental anguish suffered by family members. The surviving spouse, children, and parents are rebuttably presumed to have suffered damages from the wrongful death. The rebuttable caveat means that these family members will be entitled to damages unless a defendant can prove the wrongful death did not impact family members. Next of kin, other than a surviving spouse, parents, and children, must prove the damages they suffered from the wrongful death. OHIO WRONGFUL DEATH STATUTE FAQ Is Compensation Possible in a Wrongful Death Case? Compensation is possible if someone’s death was caused by another person’s negligence or intentional act. Examples of actions causing a wrongful death might include: Shooting someone, Stabbing someone, Driving drunk, Leaving the scene of an accident without calling for help, Failing to keep manufacturing machinery maintained, and Knowingly exposing a worker to asbestos. Intentionally causing someone’s death may seem rather obvious, but negligence can be more difficult to understand. To determine if a person’s negligence caused a death, you must prove three elements: The person had a duty of care, such as a duty to properly maintain equipment; The person breached that duty, such as by not maintaining the equipment; and The person’s breach of duty caused the wrongful death, such as faulty equipment fatally injuring the decedent. Even if the person responsible faces criminal homicide charges, you can still bring a civil wrongful death claim. In fact, it is often easier to prevail on a wrongful death claim because civil proceedings require a lower burden of proof. Criminal charges require proof beyond a reasonable doubt, while civil cases require a “preponderance of the evidence” (more likely than not) standard. OHIO WRONGFUL DEATH STATUTE FAQ How Can a Wrongful Death Attorney Help? A wrongful death attorney will listen to your case, explain the law to you, and advise you of your best legal options. Then the attorney will investigate to find more evidence, interview witnesses, and pursue a wrongful death claim. Your attorney may be able to negotiate a settlement so that you do not have to endure an emotionally challenging trial. However, if your attorney thinks a jury would return a higher award, you may choose to proceed to trial. If you think you may have a wrongful death case, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. With nearly five decades of collective experience, our attorneys have the legal skill and compassion to help you in this difficult time. 

When you experience an auto accident, it brings your routine to a halt. Instead of making your way to work or school, you may need to seek medical attention and figure out alternative transportation. Then come the bills. Hospital costs and auto repairs add up to alarming dollar amounts. When the bills start piling up, you may decide to take a serious look at your auto insurance. What will it pay? What should it pay? One question you may ask when trying to evaluate your auto insurance involves a concept known as fault. Is Ohio a no-fault state for auto insurance? If so, how does this affect your claim? Keep reading for more information on Ohio auto insurance laws. IS OHIO A NO FAULT STATE FAQ What Does No-Fault Mean? A no-fault state requires your auto insurance to pay your medical expenses from an accident, even if the accident was not your fault. No-fault auto insurance usually pays medical bills up to a certain policy limit. If medical expenses exceed that limit, the policyholder may sue the driver who caused the accident.  So is Ohio a no-fault state for auto insurance? No, Ohio rejects this standard of compensation. So if you live in Ohio, no-fault state auto insurance rules do not apply. Ohio requires fault-based auto insurance claims. This means that you recover medical expenses and car repairs from the person who caused the accident.  IS OHIO A NO FAULT STATE FAQ How Does This Rule Affect Me?  Instead of filing a claim with your auto insurance, you file a claim with the at-fault party’s auto insurance. If the person who caused the accident is uninsured, then it’s up to you to pay your own accident expenses. Some drivers purchase an additional policy to cover accidents caused by an uninsured or underinsured driver.  The at-fault party’s insurance company may try to avoid paying for all your expenses from the accident. After all, the insurance company is trying to maximize its profits, and it doesn’t help them to pay large claims. If you feel intimidated trying to negotiate with the at-fault driver’s insurance company, an experienced car accident attorney can help. Insurance companies can intimidate injured claimants, but an experienced car accident attorney knows how to negotiate with an insurance company for a maximum settlement.  IS OHIO A NO FAULT STATE FAQ What Is Comparative Negligence?  When more than one person is at fault for an accident, each individual’s responsibility to pay is based on the principle of comparative negligence. Comparative negligence allows you to recover damages from another driver based on their percentage of fault. For instance, imagine that you sustained $100,000 worth of damages (such as medical bills and auto repairs) in an accident. If the other driver was 60% responsible for the accident and you were 40% responsible, you would be able to recover $60,000 from that driver.  In Ohio, you cannot recover anything from the other driver if you are more than 50% responsible for the accident.  IS OHIO A NO FAULT STATE FAQ How Can an Accident Attorney Help?  If you’ve experienced an accident due to someone else’s negligence, you need skilled legal representation to get the money you’re owed. An experienced car accident attorney can evaluate your case and advise you of your best legal options. The attorney will also investigate the details of the car accident, interview witnesses, and request compensation from the at-fault party’s insurance.  Most insurance companies want to settle, so a car accident attorney will press for the maximum settlement amount. However, if an insurance company refuses to cooperate with settlement negotiations, your attorney should be prepared to proceed to a jury trial. If you have been injured in an Ohio car accident, call the experienced attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online for a free consultation. We have nearly five decades of combined legal experience, and we know how to negotiate with insurance companies to get the full settlement you deserve.

Under the statute of limitations for Ohio personal injury claims, you have a limited time to file a lawsuit in civil court. If you miss the statutory deadline, you could lose your legal right to recover compensation for your injuries and other damages. Ohio Revised Code Section 2305.10 states that all lawsuits based on bodily injury, product liability, or damaged personal property must be brought within two years from the date the cause of action accrues. Ohio’s laws impose slightly different time constraints for certain types of personal injury claims. Talking to an Ohio personal injury lawyer is the best way to ensure you don’t miss out on any critical deadlines. An attorney can protect your legal rights and help you achieve the best possible outcome in your case. OHIO PERSONAL INJURY STATUTE OF LIMITATIONS FAQ What Is the Ohio Personal Injury Statute of Limitations? The Ohio statute of limitations for personal injury claims is two years in most cases. This time period applies to cases such as: Car accidents, Slip & fall accidents, Motorcycle accidents, Bicycle accidents, Drunk driving accidents, Trucking accidents, and Dog bites. The two-year time constriction also applies to wrongful death claims in most cases. The statute starts running from the day the at-fault party’s negligence caused your injuries. However, Ohio law does recognize some exceptions to this deadline. OHIO PERSONAL INJURY STATUTE OF LIMITATIONS FAQ Exceptions to the Ohio Negligence Statute of Limitations Under the statute of limitations, Ohio personal injury victims may have a longer period to take legal action under certain circumstances. Premises Liability If you sustained injuries due to a design or construction defect at someone’s home or business, you must file your claim within two years of your injury. However, an Ohio statute of repose precludes people from bringing these claims more than ten years after the construction was completed. For example, if you suffer injury because of a latent (hidden) construction defect in your home, you can file a lawsuit up to ten years after the home was built, as long as you file within two years of sustaining an injury. But if your injury occurs more than ten years after construction was completed, you cannot pursue a claim no matter how quickly you file a lawsuit. Talk to an Ohio Personal Injury Lawyer to Protect Your Rights To ensure you comply with the Ohio statute of limitations, personal injury lawyers advise accident victims to schedule a consultation as soon as possible. Assisting clients in Dayton and throughout Ohio, Gounaris Abboud, LPA, provides exceptional service. With more than 50 years of collective experience, we are dedicated to helping you recover the compensation you deserve for your injuries. For a free consultation and case analysis, call us now at 937-222-1515. Or to learn more about the Ohio statute of limitations for personal injury cases, contact us today.