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What is a Tort Case, and What does it Involve in Ohio?

Tort cases in Ohio, also known as personal injury cases, 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 which are governed by the Ohio tort laws, make provision for a plaintiff to sue for compensation regarding losses caused by the defendant. Asides 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 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. An example is cases of battery, assault, defamation, fraud, and trespass. Negligence torts are the most common tort type and are cases of carelessness which may be unintentional. This type of claim is for cases such as accidents from slips and falls that may cause injury to another. Other examples include bicycle accidents, motorcycle accidents, and medical malpractice. Strict liability can also be called absolute liability, and responsibility can be imposed on the faulting party without proof of negligence or direct fault. All the plaintiff has to do is 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. It comes to tort cases; one has to be represented by an expert tort lawyer.

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  • 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 that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

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 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 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 will 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 exposure to asbestos.
  • 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, component of a product and wrongful death action

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

Tort laws are treated in a Court of Claims, and they 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 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 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 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 claim form by following the line by line instructions, and pay a $25 filing fee. For claims greater than $10,000, the claim form can 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 in person, 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 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 will be sent to the defendant. This is followed by a thorough investigation. After the 60 days, the plaintiff will receive a copy of the investigation report, which may require a response within 21 days.For claims exceeding $10,000, a summons will be sent to the defendant by the court. Extra copies will 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 to win a tort case and secure compensation that amounts to all that was lost before the injury. However, in Ohio, it is not necessary to have a personal injury lawyer, and a plaintiff can proceed in a tort case by handling all 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.

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