What’s the Statute of Limitations in Ohio for a Minor Injured in a Car Accident?
Posted in: Car Accidents
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Legal Help for the Injured
When another party’s negligence injures your child, you can take action as their parent or legal guardian. Fortunately, our dedicated Ohio child injury lawyers at Kisling, Nestico & Redick can fight for your child’s rights and make recovering compensation easier.
Let our team discuss your options and work tirelessly for everything your family deserves. Contact KNR for a free, no-obligation consultation.
KNR has a track record of success. We fight for child injury victims and strive to ensure the financial recovery process is as stress-free as possible. With our team on your side, there is less hassle and an increased opportunity to reduce the negative impact of your child’s injuries on their life.
At KNR, we ask, “what more can we do?”:
Child injury claims are often complex. Some of the top questions families have regarding child injury claims include:
Yes, the statute of limitations for personal injury claims in Ohio is just two years under Ohio Revised Code section 2305.10. If your claim is not filed before the deadline, you will lose your chance to have your case heard by the Ohio civil court system.
As your child’s parent or legal guardian, you are their most prominent advocate. Our team will be by your side to help you fight for the compensation you deserve, but we can’t get started on your case until you contact us to explore your legal options.
It is common for defendants to accuse the child’s parents or another party of being at fault for their injuries. Ohio is a modified comparative negligence state with a 50% threshold. So if your portion of liability does not exceed 50% when you share liability, you may still have the right to compensation.
Child injury accidents can take many forms. Some common types of child injury accidents in Ohio include:
If your child suffered another type of injury that was not included, contact our office to learn more about what legal options are best suited for your child’s injury case.
Our statewide practice is designed to make going through an injury claim more convenient and accessible for victims. With 12 Ohio locations, KNR is a call or click away.
*KNR also serves Ohio’s rural counties & conducts consultations via Zoom.
Generally, when childcare providers, property owners, healthcare providers, and other parties who may owe your child a duty of care fail to uphold it, they can be held accountable.
It is more common than you might think for multiple parties to share liability for child injuries. Your attorney must closely examine what transpired to ensure all parties are identified and brought to justice for your child’s suffering and damages.
The individual or entity responsible for causing your child injuries and damages can be ordered to compensate your family for your suffering. To do this, we will need to show the elements of negligence have been met. These include:
The elements of negligence can be complex. However, it will be your child injury lawyer’s responsibility to show the defendant owed your child a duty of care. For example, if your child were involved in a school bus accident, the bus operator would owe them a duty of care, as they are responsible for your child’s safety.
If the l bus driver engaged in unsafe driving, this would likely be considered a breach of their duty of care because they put your child at risk by failing to uphold their obligation.
The bus driver’s unsafe driving must have caused your child’s injuries or damage. Your child and family must have suffered significant financial, emotional, physical, and psychological damages because the school bus driver breached their duty of care.
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Fight for Everything You’re Owed
After a serious injury, you need to consider how your child’s life will be affected in the long term. If you settle too quickly or fail to think about the future medical care they may need, you could be accepting less than your child’s injury claim is worth.
You and your child have the legal right to be compensated for how your child’s injuries have affected their life and financial security. The emotional trauma, financial losses, and strain of the experience may warrant legal action against the liable party.
Families have the right to compensation for non-economic damages and economic damages. Economic damages describe monetary losses, while non-economic damages account for lifestyle damages, emotional trauma, and physical injuries. Collectively, they are known as compensable damages. Examples of compensatory losses could include:
Under Ohio Revised Code §2315.21, your family may also be awarded punitive damages. However, they may only be awarded if the defendant’s actions were malicious, aggravated, reprehensible, or grossly negligent. Punitive damages are designed to punish the defendant and send a message to the community that conduct of this nature will not be tolerated.
Our client, a minor, was hit by a school bus in the school parking lot and sustained various…
What Makes KNR Special?
Seeing your child experience a serious injury because of another’s recklessness is devastating and stressful. At KNR, we strive to make the process easy for you and your family while aggressively pursuing the result you and your child need t see. What you’re going through is hard enough. Getting legal help shouldn’t be.