What is a Tort Case, and What Does It Involve in Ohio?

Tort cases in Ohio, also known as personal injury cases, generally give grounds for a person to file a lawsuit against another individual or company due to harm or injury incurred through the help of an attorney. Furthermore, tort cases governed by the Ohio tort laws make provision for a plaintiff to sue for compensation regarding losses caused by the defendant. Aside from this, it also discourages a repeat of such behavior that caused injury to the plaintiff. Court rules in tort cases usually end up favoring the plaintiff with the award of compensatory damages if the complainant can successfully prove the case and convince the judge. Tort cases are handled by the Ohio Court of Claims. Before a tort claim can be made, there has to have been a breach of duty by the defendant against the plaintiff. Tort cases are generally categorized into three; intentional torts, negligence, and strict liability.

Intentional torts refer to cases where an entity or person deliberately commits a negative action that causes damage or injury to another. A typical example is cases of battery, assault, defamation, fraud, and trespass. Negligence torts are the most common tort type and are cases of carelessness that may be unintentional. This type of claim is typically for such as accidents from slips and falls that may cause injury to another. Other examples may include bicycle accidents, motorcycle accidents, and medical malpractice. Strict liability can also be called absolute liability, and responsibility may be imposed on the faulting party without proof of negligence or direct fault. However, the plaintiff is expected to establish concrete facts or evidence that prove harm from the product or actions of another individual. This type of civil litigation may involve cases of an animal attack, product liability, or abnormally dangerous activities. Public records may also be accessible from some third-party websites. Since these sites host records from various judicial districts, they generally offer a convenient and expedited alternative to some government-owned repositories. To search these databases, inquirers are typically required to furnish the engine with the following:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused.

Given that aggregate sites are operated independently of government sources, the information obtained from them may be inaccurate, incomplete, or inapplicable following a recently issued court order or state statute.

What is Ohio Tort Law?

According to the Ohio 2315.18 tort law is an authoritative guide for compensatory damages in tort actions. A tort action is a civil lawsuit for damages or loss to a person or property, and it does not involve cases such as civil action for damages for breach of contract.

What Kinds of Cases are Covered by Tort Law in Ohio?

The cases covered by tort law in the State of Ohio typically include:

• Economic Loss: This type of claim deals with expenditure following an injury or loss of property.
• Medical Claim: Examples of medical claims are chiropractic claim, dental claim, and optometric claim. However, claims filed after four years in which the incident occurred may not be honored by the court.
• Asbestos Claim: This refers to a claim for losses or damages by a person who has incurred an injury from asbsestos exposure.
• Non-Economic Loss: Addresses pain and suffering from non-pecuniary harm which may include care, assistance, companionship, protection, counsel, education as well as some other non-physical losses.
• Product Liability Claim: Claims from injuries caused by the environment, drugs, devices, toxic substances, components of a product, and wrongful death action

What are the Differences Between Criminal Law and Tort Law in Ohio?

Tort laws are generally treated in a Court of Claims, and they typically involve personal or property injuries sustained from intentional or unintentional actions. Criminal law, on the other hand, is concerned with wrongful acts against the state. According to the Ohio law, these types of offenses are identified as crimes and offenders are prosecuted by the state or federal government. Tort cases involve compensatory damages, unlike criminal cases that involve stiff penalties or jail time.

What is the Purpose of Tort Law in Ohio?

In Ohio, the significance of tort laws is to generally provide compensation for individuals who have suffered injuries. Hence, it permits the court to assess grounds for compensation for an individual who has been wronged or injured by the negligent or careless acts of another person.

What is a Tort Claim in Ohio?

Tort claims generally refer to the assertion of rights for harm or damages by the victim of an unlawful act resulting in emotional, physical, financial, and psychological injuries. According to Ohio Codes, individuals can make intentional tort claims.

How Do You File a Tort Claim in Ohio?

The Ohio Court of Claims typically handles tort cases ranging from negligence, medical malpractice, construction, and premises liability, but has no jurisdiction over lawsuits against federal, county, city, township or village government. To file claims for $10,000 or less, interested individuals are required to complete the claim form by following the line by line instructions, and pay a $25 filing fee. For claims greater than $10,000, the claim form may also be filled, but the plaintiff may need the service of an attorney for the judicial process, although self-representation is also possible. Filing for a tort claim can be done in person, by mail, or online. To file a tort claim by mail, send the filled claim form as well as the evidence of payment to:

Ohio Court of Claims
The Thomas J. Moyer
Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, Ohio 43215

What Does a Tort Claim Contain in Ohio?

Tort claim files in Ohio typically consist:

• The name and address of the plaintiff.
• The name and address of the defendant.
• Description of the injury suffered.
• The date, place, and situation in which the injury was caused.
• The estimated amount of claim.
• Legal grounds in which the cost of damages should be granted.

What Happens after a Tort Claim is Filed in Ohio?

After filing a tort claim for $10,000 or less in Ohio, a copy of the claim and any supporting document regarding damages caused may be sent to the defendant. This is followed by a thorough investigation. After 60 days, the plaintiff typically receives a copy of the investigation report, which may require a response within 21 days. For claims exceeding $10,000, a summons can be sent to the defendant by the court. Additional copies should also be sent to the Attorney General, and the defendant has 28 days to provide a written response. It may take between 12-24 months to end a tort case of claims greater than $10,000.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Having the guidance of an experienced personal injury attorney may help improve the plaintiff’s chances of winning a tort case and securing compensation that amounts to whatever was lost following the injury. However, in Ohio, it is not compulsory to have a personal injury lawyer, and a plaintiff may proceed in a tort case by handling the paperwork involved.

How Can I Find a Personal Injury Lawyer Near Me?

In Ohio, some counties maintain a repository of personal injury attorneys online or at the Court Clerk's Office. Also, several bar associations and legal clinics usually aid the search for a personal injury lawyer.