When it comes to a personal injury law case, you need to know that there are some things that will prohibit the start of a case. As long as you have all the facts and have a good personal injury attorney, you will be able to move forward in a personal injury case. Here are some facts that you should know about cases surrounding personal injury.
Jurisdiction of Personal Injury Cases
Depending on the level of injury you sustained in your injury will determine which of the courts is going to hear a court case surrounding a claim. A small claim court is going to handle cases which are equal to or up to $3000. The small claims court is going to determine if and how much of the money you receive that you have requested.
If you have an injury that is worth more than that, you can file for losses through the local municipal court or magistrate office. You are entitled to this level of a court hearing if your losses are worth up to $15,000. You will need to file in your county where the injury occurred at and not where you live, if they are two separate areas.
Claims that are more than $15,000 will have to go to the Court of Common Pleas where you had the accident or where at least one of the persons involved in the accident lives.
All of these cases should never be persuaded if you do not have an attorney. An attorney is going to make sure that you get everything that you are asking for or will give you a leg up to ensure that your case is heard fairly. If not, you stand the chance of losing your case.
Statute of Limitations
There is going to be a time period in which you have to file a claim regarding an injury that occurred. Depending on the injury and what you are asking for. All states issue a statute of limitations which limits how long you have to file a claim and in the state of Ohio, the statute of limitations for a personal injury claim is two years from the date of the injury.
A medical malpractice personal injury claim however is going to be a less amount of time. For an injury involving medical malpractice, the individual is going to have 1 year from the time of the injury however there is the possibility to extend that time period if you serve the person you are suing with a notice of intent to file a lawsuit. This notice will need to be filed with the party prior to the date of expiration for the medical malpractice suit.
If the person injured is under the age of 18 then you have a little bit of time to file a claim. If they are injured in a medical malpractice case, you have one year past their 18th birthday to file a claim otherwise you have 2 years past their 18th birthday.