by: NPHM | April 29, 2020

Questions from the Average Joe: Injuries and Accidents

Every day we receive calls asking questions about medical malpractice, auto accidents and more incidents that have happened to them. Zachary Belcher is our Intake attorney at Nurenberg, Paris, Heller & McCarthy and he is here to answer those questions. Q: My child was recently diagnosed with a serious neurological disorder and I suspect it is because of something that happened in the hospital when he was born. He’s two now though—isn’t the statute of limitations up? A: No. In Ohio, a minor's claims do not expire due to the statute of limitations until their 19^th birthday. Though, generally, the statute of limitations expires one year after the date of injury (with a myriad of exceptions), minors get one year from when they obtain the age of majority to bring a claim. This means they get one year from their 18^th birthday to bring a claim. That said, the sooner a claim can be initiated, the better. Evidence needs to be preserved and waiting too long only makes it more likely that important details may be lost or forgotten. The Ohio Statute of Limitations is complicated though, and it is always important to consult with an experienced attorney before deciding your claim is too old to bring. It is always worth a conversation just to make sure. Q: I was in an accident involving three cars and nobody was cited. Nobody’s insurance is taking responsibility. Is there anything I can do? A: Insurance companies are notoriously hard to deal with and they will always try to pay as little as possible on any claim. Though some accidents may be straight-forward and resolve quickly, the more complicated an accident was, the less likely it is that you will be able to get a favorable resolution on your own. If you were injured in an accident and you’re struggling to handle the insurance claim on your own, an experienced attorney can take over the claim, put your mind at ease, and make sure you get the compensation you deserve. Q: I slipped and fell at the store. Can I get them to pay my medical bills? A: Unfortunately, there is not an easy answer to what seems like a simple question. In Ohio, holding premises owners liable for your injuries is highly fact-dependent with many potential pitfalls. You’ve got to establish that the danger that caused you to slip is something the store would reasonably know about and have an opportunity to fix. Additionally, the hazard cannot have been open and obvious to a reasonable customer in the area. Taken together, this means a considerable amount of evidence is necessary in order to hold the store liable for your injuries. As a result, it is key that you contact an experienced attorney as soon as possible so any evidence that does exist (witness statements, security footage, etc.) can be maintained. Any delay in getting in touch with an attorney could make the difference between being able to make a case or not having evidence to hold the store liable at all.

Get to Know

Zachary Belcher joined Nurenberg, Paris, Heller & McCarthy and ensures that every individual who contacts the firm receives outstanding service and support throughout the intake process. Zack graduated from Cleveland-Marshall College of Law in 2015 and has handled more than 500 injury cases for clients injured in automobile accidents.  He understands the stressful and life-altering situations clients face before seeking a personal injury attorney. Contact Our Ohio Personal Injury Attorneys At a law firm, it takes more than winning cases to stay successful—it takes dedication to client service. We care about each one of our clients, and we want to help you put this behind you, so you can move on from your accident and live your life.  Call us today at (216) 230 – 6352 or complete a free initial consultation form online.