Cincinnati Personal Injury Lawyers

Each personal injury case depends on its unique facts, and you should bring any specific questions about your situation and options to an attorney. However, here’s a general look at some of the main concepts that tend to shape these lawsuits.

The main way to get compensation for your injuries involves showing that the defendant was negligent. In other words, they didn’t act as carefully as they should have under the circumstances, and you were harmed as a result. The standard of care that applies to most normal activities, such as driving, is what an ordinary, reasonable person would do. Driving far above the speed limit or texting while driving, for example, probably wouldn’t meet this standard. Some distinctive situations involve a more specific standard of care, such as when a healthcare provider faces a malpractice claim.

If someone caused your harm while they were working, you might have a claim against the business. This could fall under a theory called vicarious liability. A business is on the hook for careless actions by its employees in the scope of their employment. It doesn’t matter whether the business did anything wrong. However, sometimes a business is directly at fault, such as when it negligently hires or supervises its employees. Whether you’re pursuing a theory of vicarious liability or direct liability, holding the business accountable can improve your chances of getting full compensation because these entities tend to have more assets and insurance than the average employee.

A limited set of personal injury cases, such as claims involving defective products, may raise a theory called strict liability. You don’t need to prove that the defendant was negligent if strict liability applies to your case. Instead, you would need to show that something happened for which the law makes the defendant strictly liable, and this caused your injuries.

If you were injured in an assault or another violent crime, you might bring an “intentional tort” claim against the perpetrator. The main difference from a negligence claim is that you’re arguing that the defendant purposely caused your injuries, rather than acting carelessly. If the defendant also faces criminal charges because of the incident, these will proceed separately from the civil lawsuit. The standard of proof is much lower for an injured person than for a prosecutor. You could still win your case if the defendant isn’t convicted of a crime.

To preserve your right to compensation, you’ll probably need to file your lawsuit before a deadline called the statute of limitations. If you don’t meet this deadline, the defendant probably can get your case dismissed. (There are a few exceptions, but they don’t often apply.) This can be a harsh rule because it can block an injured person from getting any compensation even if the defendant was clearly at fault.

The main Ohio personal injury statute of limitations is two years. However, certain types of cases have different deadlines. There’s a one-year statute of limitations for claims based on assault, for example, and a similar one-year period applies to medical malpractice cases. The time when these periods start to run sometimes varies, though, so you should consult an attorney for advice on when the statute of limitations might expire for your specific case.

If you think that you might have been partly at fault for your injuries, you might be concerned about how this could affect your case. There are only a few states that categorically bar an injured person from getting damages if they were at fault to any degree, and Ohio isn’t one of them. The state takes an approach called modified comparative negligence. You generally can recover damages that are reduced by your percentage of fault, but there’s a 51 percent bar. This means that you can’t get damages if you were 51 percent or more at fault.

Ohio limits the amount of compensation that you can get for non-economic damages. These account for intangible forms of loss like pain and suffering and lost enjoyment of life. There’s no cap on economic damages, such as your lost wages and the costs of your treatment. It’s worth noting that Ohio carves out an exception to the non-economic damages cap for people who have suffered certain types of catastrophic injuries. This increases the cap in medical malpractice cases and removes it entirely in most other cases.

People who have been harmed by the negligence of a government employee or agency will need to follow distinctive rules. The Ohio Court of Claims Act provides the rules for suing the state, while the Political Subdivision Tort Liability Act shapes the process for suing a municipality, such as the City of Cincinnati. You should especially prioritize consulting an attorney for this type of case to make sure that you don’t lose your right to recover compensation because you missed a technical nuance in the process.

While it’s always smart to prepare for the possibility of trial, the reality is that most personal injury cases don’t get that far. Both sides have reasons to settle out of court. One of these reasons involves avoiding the unpredictability of leaving the decision to a judge or jury. Even if you think that you have a strong case, you never know what will happen at trial. Another reason involves cutting down on the time and cost of the legal process. An injured person also may want to get compensation sooner to deal with their mounting expenses, and they may be ready to move forward emotionally from the accident.

However, it’s important to remember that a settlement is a binding agreement that releases the plaintiff’s claims against the defendant in exchange for a set amount of compensation. You generally can’t go back later and ask for more money if you feel that you didn’t get enough. This makes it critical to assess whether an offer is reasonable. Insurers often try to get rid of claims early in the process for as little money as possible. If you don’t think that an offer is fair, you may want to keep negotiations going in hope of something better.

If you’ve suffered serious injuries that may require ongoing treatment and have a lasting impact on your life, it probably makes sense to wait to settle until you’ve reached maximum medical improvement. This is the point at which your doctor thinks that your condition has stabilized, and you probably won’t improve much further. Waiting until this point can help you assess the future damages caused by your injuries and include them in your settlement.

While you’re trying to recover from your injuries and put your life back together, it makes sense to let an attorney handle the process of bringing a lawsuit. For example, they can work on gathering all the evidence that you’ll need to prove liability and damages. This might involve items like photos, videos, medical records, pay stubs, and receipts for out-of-pocket expenses, as well as statements from eyewitnesses and from experts like doctors, economists, and vocational rehabilitation specialists.

In addition, your attorney can handle settlement negotiations on your behalf. The other side probably will have legal counsel trying to block or limit their liability, so it makes sense to have a professional of your own as well. Your attorney’s experience and knowledge of the field can help you evaluate any settlement offers that you receive. This will allow you to make a more informed choice about whether to take an offer or keep moving forward. The other side also may take your case more seriously once they find out that you have an attorney on your side.

An attorney will keep your case on track during any litigation that you pursue, making sure to comply with deadlines and any procedural rules that the court imposes. They’ll develop a plan for telling your story in a way that will connect to a judge or jury, while also preparing for arguments raised by the defense. If you rely on a doctor for your physical recovery, it only makes sense to rely on another type of professional for your financial recovery.

A lot of personal injury attorneys serve the Cincinnati area, and it can take time to find the right one for you. It’s an important decision, and you should think through your options carefully. Exploring directories like the Justia Lawyer Directory can help you compare many attorneys efficiently. Local bar associations also might offer resources.

As you weigh your options, you should look for an attorney who is experienced in the type of case that you’re planning to bring. Personal injury law comprises many distinctive areas, each with its own nuances. For example, if you were injured in a slip and fall at a convenience store, you’d want to work with a lawyer who has brought premises liability claims. If you think that your health worsened because of a delayed diagnosis, you should look for a medical malpractice lawyer rather than someone who mostly focuses on car accidents.

You’ll probably find some of the most notable verdicts and settlements that an attorney or law firm has won for their clients on their website. This also will provide information about educational background, professional accolades, community ties, and other factors that might affect your view of an attorney. However, you also should look through reviews from former clients and any reviews from fellow attorneys. While client reviews might tell you about an attorney’s personality and approach, peer reviews might provide insights into their reputation in the profession.

The Ohio State Bar Association imposes various rules of professional conduct on attorneys licensed in the state. You should try to work with an attorney who has a reasonably clean disciplinary record. A small blemish might be forgivable, but a significant history of violations should be a red flag, even if the attorney otherwise looks promising.

Personal injury attorneys usually offer free consultations to potential clients. You should meet with several lawyers to discuss the basics of your case and get their impressions, while also asking them questions about their overall approach. Most of these attorneys use a contingency fee structure, but it’s still a good idea to discuss how fees, court costs, and other financial elements of the representation would be handled. More generally, you should think about whether the attorney seems knowledgeable and whether you relate well to them. You deserve an advocate who empathizes with you and takes your case seriously.

When you think of a personal injury case, you probably first think of a motor vehicle collision, such as a car, truck, or motorcycle accident or a crash involving a bicycle or pedestrian. These result in many insurance claims and lawsuits, but the field of personal injury law extends more broadly. Here are some other common examples of these cases:

• Slip or trip and falls arising from poor maintenance by a property owner
• Medical malpractice when a healthcare provider doesn’t meet the standard of care for their field
• Products liability based on a manufacturing, design, or marketing defect
• Nursing home negligence or abuse
• Dog bites and other injuries caused by animals
• Violent crimes, such as assault and battery

If you got injured on the job, you might be able to get workers’ compensation benefits through your employer. These can cover your medical expenses and a percentage of your lost wages. However, workers’ comp doesn’t provide the full scope of damages that may be available in a personal injury lawsuit, and the system generally prevents you from suing your employer for these damages. The good news is that you could potentially bring a lawsuit against a third party that caused your injuries, such as a negligent driver who hit you or a manufacturer that made a defective item that you used. This could allow you to recover damages like pain and suffering that wouldn’t be available through workers’ compensation.

A notable study showed that the average verdict in Ohio personal injury cases that went to trial was over $300,000. However, it’s important to keep in mind that this doesn’t necessarily tell the full story. The average sometimes may be distorted by a handful of very large verdicts that are outliers from the normal range. (For example, about 3 percent of the verdicts in the study consisted of awards over $1 million.) The median of $13,000 may be equally or more useful. This is the number that’s more than half the awards and less than the other half.

Here’s a look at some notable personal injury verdicts and settlements from recent years in Ohio:

• $6.2 million when a hospitalized patient suffered a traumatic brain injury in a fall after the hospital staff prescribed medications that increased his fall risk but didn’t do what they should have to mitigate it
• $4 million when a bouncer at a bar responded with excessive force to a verbal altercation, resulting in a broken bone and a claim that the bar had failed to adequately train its employee
• $1.3 million for a rear-end collision on a highway that caused back and pelvis injuries, for which the rear driver and a tree removal company allegedly shared responsibility
• $115,000 when a nursing home resident died from choking on a piece of chicken, having been left unsupervised by the staff
• $108,000 when a woman slipped and fell on a puddle at a store, causing a fractured kneecap and subsequent issues
• $58,000 when a side-impact crash caused head, neck, and back injuries after a driver allegedly ran a red light

However, you shouldn’t try to estimate the value of your case based on a case that you see in the news. The outcome of each case depends on its specific facts. You should talk to your attorney about how much your case might be worth, based on the range of cases with which they’re familiar.

The Cincinnati Police Department provides some basic data on car accidents in the city. In 2024, for example, there were 15,356 car accidents in Cincinnati. These included 30 fatal crashes, 3,155 crashes that caused injuries, and 12,171 crashes that caused only property damage. Westwood, Downtown, West Price Hill, and West End saw the highest numbers of crashes, each with more than 2,000 total car accidents.

In addition, the Ohio State Highway Patrol provides statistics on car accidents in Hamilton County, where Cincinnati is located. These show 28,350 crashes in 2024, including 60 fatal crashes, 394 crashes with suspected serious injuries, 3,046 crashes with suspected minor injuries, 2,629 crashes with possible injuries, and 22,221 crashes with property damage only. There were 675 crashes involving alcohol, 113 crashes involving drugs, 709 crashes involving distracted driving, and 1,839 crashes involving speeding. Motorcycles were involved in 257 crashes, bicycles in 82 crashes, and pedestrians in 428 crashes.

A study of data from the Ohio Department of Transportation identified some of the most dangerous intersections in Cincinnati. These included:

• Gilbert Avenue and Victory Parkway
• Queen City Avenue and Harrison Avenue
• Martin Luther King Drive and Burnet Avenue
• Mitchell Avenue and Kessler Avenue
• North Bend Road and Argus Road
• Reading Road and Dorchester Avenue
• Reading Road and McGregor Avenue
• Vine Street and Nixon Street / Goodman Street
• Warsaw Avenue and Grand Avenue
• Hopple Street and Beekman Street

At any intersection in such a densely populated area, it’s always smart to practice defensive driving and stay alert to your surroundings. Even a fleeting lapse in focus could have devastating consequences.

If you’ve been injured in a car crash in Cincinnati, you’ll probably want to get a copy of the police report. This can support a claim that you file with an insurer or any eventual lawsuit that you pursue in court. The Cincinnati Police Department Records Section manages these reports. You can request a copy of the report online, by email, by phone at 513-352-3559, or in person at 801 Linn Street.

If your doctor provided you with substandard care, meanwhile, you can contact the State Medical Board of Ohio. This could result in a disciplinary action against the doctor, although you’ll still need to file a medical malpractice lawsuit if you want compensation for your harm. A similar type of complaint may be filed with the Bureau of Survey and Certification in the Ohio Department of Health if you suspect that a nursing home or hospital fell short of the applicable professional standard.

After a violent crime like an assault, you may want to contact the Victims Assistance Liaison Unit operated by the Cincinnati Police Department. This can provide assistance such as crisis intervention services, counseling, and referrals to community resources. The Prosecution Division of the Cincinnati Solicitor’s Office includes victim advocates who can offer advocacy, support, and referrals. The Crime Victim Services Section in the Ohio Attorney General’s Office offers a directory of services and manages the Crime Victim Compensation Program. This can provide reimbursement for items like medical expenses and lost wages.

People who have been injured while they were working can explore the information provided by the Ohio Bureau of Workers’ Compensation to better understand their rights and options. These resources explain issues such as the workers’ comp claims process, what happens after a claim is filed, who is eligible for benefits, and the types of benefits that may be available.

1. How much will I need to pay my personal injury attorney?

   The amount that you’ll pay your lawyer probably will be calculated as a percentage of the settlement or verdict that they get for you. This is called a contingency fee arrangement. It’s often between 25 and 40 percent. Many fee agreements provide for a larger percentage if a case goes to trial than if it settles. You won’t need to pay an attorney fee if you don’t get compensation.

2. Is Ohio a no-fault state for car accidents?

   No, Ohio is a fault state for car accidents. Each driver must carry liability insurance in the amounts of $25,000 for injury or death to one person, $50,000 for injury or death to two or more people, and $25,000 for property damage. Unfortunately, not every driver obeys this law, and even if they do, the minimum amounts may not cover serious injuries. You should get uninsured/underinsured motorist coverage in case you’re hit by a driver without insurance or without enough insurance to fully compensate you.

3. Can I bring a wrongful death lawsuit if my spouse was killed in an accident?

   You can bring the lawsuit if you get appointed as the personal representative. This means that you’re the person in charge of managing their estate. In Ohio, the personal representative must bring this type of lawsuit. However, even if you don’t bring the lawsuit, you still can recover damages from it.

4. Is a dog owner strictly liable for a dog bite in Ohio?

   Ohio has a dog bite law that makes an owner liable for bites or other injuries caused by the dog in most cases. There are certain narrow exceptions, such as when the victim was provoking the dog on the owner’s property.

5. Can I still get compensation if I had a pre-existing condition?

   Yes, you can get compensation to the extent that your injuries aggravated the pre-existing condition. It’s essential to present records and testimony showing what your condition was like before and after the accident. Insurers often look at these claims skeptically and fight them hard, so you should aim to get a lawyer on your side as soon as possible.