How Ohio’s Laws Impact Personal Injury Claims Involving Children

Ohio's laws surrounding personal injury claims can be particularly complex when they involve children. Understanding these legal nuances is crucial for parents and guardians who need to navigate the claims process after their child has been injured.

In Ohio, minors are treated differently than adults in personal injury cases. One of the key differences is the statute of limitations for filing a claim. Generally, Ohio law allows adults two years from the date of the injury to file a lawsuit. However, for minors, the clock doesn’t start ticking until they reach the age of majority, which is 18 years old. This means that a child can technically have until their 20th birthday to file a lawsuit, giving them extra time to seek legal action.

Another important aspect of Ohio law is the concept of "survival actions." In cases where a child sustains injuries resulting in death, Ohio allows parents to file a wrongful death claim on behalf of the minor. This type of claim can help cover expenses like medical bills, funeral costs, and lost companionship, providing some financial relief during a devastating time.

Parents should also be aware of Ohio’s “Modified Comparative Negligence” rule. This rule can impact personal injury claims if the child is found to be partially at fault for the accident. If the child is determined to be less than 50% responsible, they can still recover damages; however, their compensation may be reduced by their percentage of fault. This highlights the importance of establishing the facts of the case clearly, as demonstrating liability is key in obtaining a favorable outcome.

In addition, Ohio law protects minors from waiving their right to sue for personal injuries. Many businesses may require parents to sign waivers for activities like skiing, biking, or amusement park rides, but these waivers are typically not enforceable against minors. Therefore, if a child is injured despite signing a waiver, parents still have the right to pursue compensation.

The involvement of insurance companies can be another hurdle. Parents are generally responsible for negotiating with insurance companies on behalf of their children. It is vital to be aware of the potential for low settlement offers from insurance companies, which can significantly undercut the actual costs associated with medical care and long-term rehabilitation. Seeking legal counsel can help ensure that the child receives a fair settlement.

Finally, parents should consider the emotional and psychological impacts of an injury on a child. In Ohio, non-economic damages, such as pain and suffering, can be claimed in personal injury cases. This can extend to the psychological trauma that a child may experience following an accident. Accurately documenting these effects can bolster a claim and ensure that the child’s full experience and needs are addressed.

In conclusion, navigating personal injury claims involving children in Ohio necessitates a strong understanding of the specific laws and protections in place. Families facing such situations are encouraged to consult with legal professionals who specialize in personal injury cases to maximize their chances for a successful outcome.