Cleveland, Ohio Personal Injury Lawyers
Personal Injury Cases in Cleveland, OH
Personal injury law covers a range of injury cases, including car accidents, pedestrian accidents, truck accidents, motorcycle accidents, dog bite cases, and other similar cases. The goal of filing a claim or lawsuit is to make the injured individual “whole” in financial terms. A successful Cleveland personal injury claim requires proving another party was responsible for causing the injuries by acting in a negligent or reckless manner.
At George Mineff, Jr., Attorney at Law, the legal firm takes a methodical, professional, assertive approach when seeking justice for the injured. The firm has over 50 years of combined service to the Cleveland area and offers a free case consultation to discuss personal injury cases. Call (216) 621-3930 to speak with our team about your Ohio personal injury claim.
Common Types of Accidents: Personal Injury Claims and Lawsuits
Some of the most common types of accidents that require filing a claim or lawsuit include the following:
- Car accidents: When a driver operates a vehicle in an unsafe manner, other drivers and their passengers who share the street or highway are at high risk of suffering serious or fatal injuries.
- Truck accidents: The massive number of commercial trucks moving in and out of the Cleveland area put other vehicle operators at risk of devastating injuries when a truck driver fails to operate the vehicle safely.
- Pedestrian accidents: An innocent pedestrian can be seriously, catastrophically, or fatally injured when a vehicle driver fails to come to a stop and hits the individual.
- Bicycle accidents: Cyclists have very little protection if hit by a moving vehicle. They are thrown onto the roadway, often suffering serious or fatal injuries.
- Motorcycle accidents: Vehicle drivers may fail to see a motorcycle rider, hit them from behind at a stop sign or stoplight, when turning left at an intersection, or when merging onto a highway. The resulting injuries are often catastrophic or fatal.
- Wrongful death cases: When an individual dies due to the negligent acts of the driver of a car, truck, or other vehicle, the close family has the right to seek justice and compensation by filing a wrongful death claim.
How is Liability Determined in a Personal Injury Case?
When filing a claim or lawsuit to pursue compensation for damages, liability must be established. Proving liability involves establishing a specific set of facts:
- Duty of care: It must be proven that the party owed the injured person a “duty of care.” This is the expectation that another person will not act in a manner that could easily cause harm to another.
- Breach: A “breach” is a violation of the duty of care. An individual who fails to act with the level of care that another party would in the same situation is a breach of the duty of care.
- Causation: It must be proven that the breach of duty of care was the cause of the injuries sustained in the case.
- Damages: The case must involve damages. These include losses such as medical costs, lost wages, reduced quality of life, pain, and suffering, both emotional and physical, and damages such as the emotional anguish associated with disfigurement and permanent disabilities.
Wrongful Death Cases in Cleveland, OH
When a close family member suffers fatal injuries as a result of the negligent acts of another party, a wrongful death claim can be filed. These cases can be filed after a fatal accident caused by a drunk driver, aggressive driver, distracted driver, or reckless driver when the behavior caused an accident with fatal injuries.
In Ohio, wrongful death cases are filed by the personal representative of the individual’s estate. The personal representative may be named in a will, but not everyone has a will, particularly younger people. In these cases, the personal representative will be appointed by the court. The value of the damages is calculated with the assistance of a Cleveland wrongful death lawyer and, once awarded, is divided among the surviving family members. These are typically the surviving spouse, children, or parents of the deceased. Under Ohio law, a wrongful death claim must be filed within two years of the date of death.
What Damages are Available in a Wrongful Death Case?
When a loved one dies as a result of the negligent actions of another, various types of compensation can be pursued in a wrongful death claim, including:
- The lost income the individual provided to the family is estimated over an average life expectancy.
- The value of the care for the household the individual would have provided to the family, including child care.
- The reduced value of any inheritance due to sudden or untimely death.
- The emotional losses suffered by the family due to the death include loss of guidance, protection, companionship, consortium, education, and other similar losses.
- The emotional anguish suffered by the close family as a result of the sudden death.
Experience Matters in Personal Injury Law.
If you are struggling after a serious injury, or your loved one has been seriously or fatally injured, the quality, experience, and skills of your Cleveland personal injury attorney could not be more important. At George Mineff, Jr., Attorney at Law, you gain knowledge that can only be gained through experience. With over 50 years of combined experience, the legal team at the firm brings a rare level of focus, legal skill, and personal dedication to every case. Contact us at (216) 621-3930 for a free case consultation.