Construction sites are dangerous places where thousands of accidents take place every year. This is why there are often strict safety rules in place to prevent injuries.
However, when other workers, the construction company, or subcontractors are negligent and either violate these regulations or fail to put them in place, injuries may result. In such cases, the victim may bring a personal injury claim to recover compensation to cover their damages.
The law dictates how long a person has to bring a lawsuit against an at-fault party in construction accident cases, and this article will provide insight into this time restriction.
Understanding Construction Accidents
Construction-related incidents refer to a wide range of mishaps that occur on job sites, including falls, equipment faults, and building collapses. These accidents can cause major injuries or fatalities among workers and onlookers.
There are often many hazards present at construction sites, such as unsafe working conditions, insufficient safety precautions, and carelessness. Employers are legally required to maintain a safe working environment and follow certain standards to prevent occupational accidents.
Injured employees involved in a construction mishap may be able to seek compensation for their losses through workers' compensation claims and/or personal injury lawsuits.
However, to do so, it is important that victims comply with the law, which states that civil suits may not be brought against an at-fault party unless it is within the designated timeframe.
Construction Accident Statute of Limitations in Ohio
The Ohio personal injury statute of limitations is two years from the date of the accident. What this means is that anyone who suffers bodily injury at a construction site will have 24 months to file a legal claim.
It is important that claimants seek legal counsel as soon as possible to ensure that they do not miss this deadline. If they do, they will not be able to file a claim for damages, losing all negotiating leverage and their chances of obtaining compensation.
More information can be found in the Ohio Revised Code § 2305.10.
Exceptions to the Ohio Negligence Statute of Limitations
In certain cases, the Ohio statute of limitations may be extended. The section below will discuss these exceptions in greater detail.
Minors and the Mentally Incompetent
If the victim is under the age of 18 or is declared to be impaired, the deadline for filing a claim may be extended until they are either of the appropriate age or can make rational decisions.
Absent or Incarcerated Defendant
Personal injury cases sometimes involve defendants who flee or move states to avoid legal consequences. In such situations, Ohio law tolls the statute of limitations until the individual can be found and brought back to the state.
Moreover, if the at-fault party ends up in jail, the law allows for the extension of the deadline until the person is released.
To determine whether an exception applies, victims can contact a legal professional. They can also help with the truck accident statute of limitations in Ohio.
Why Victims Should Not Wait Until the Last Minute to File Personal Injury Claims
While it might be tempting to wait until the recovery process is complete to take legal action against the at-fault party, doing so can lower a claimant's chances of winning the case. There are a number of reasons why this is so:
There Is Less Time to Prepare for the Personal Injury Lawsuit
The truth is that construction accident cases are often complex and involve multiple parties. Attorneys will, therefore, require sufficient time to collect evidence to back up the claim.
They will conduct an in-depth investigation into the incident to learn more about how it happened and gather as much evidence as possible by looking into eyewitness testimonies and contacting a competent medical authority for an expert opinion.
This requires a great deal of time. By pursuing restitution at the last minute, victims lower their odds of securing a positive outcome.
Evidence Can Lose Its Credibility
It is important to collect witness statements and other types of proof early on in the case, as this ensures credibility. The truth is that camera footage can be erased, medical bills or records can be misplaced, and witnesses can forget crucial information.
By engaging a Toledo construction accident attorney at the outset, victims can ensure a good result by obtaining essential evidence to back up their claims.
What Happens If the Filing Deadline Is Missed?
If a victim files a claim after the two-year deadline has passed, the defendant will likely submit a "motion to dismiss" and inform the court that the statute of limitations has passed.
Thereafter, unless an exception exists, the court will throw out the case. This means that no matter how serious their injuries are, the plaintiff will not be able to claim compensation.
Sadly, at this point, there is nothing anyone can do to help the sufferer get the recompense they seek.
What Damages Can Be Claimed in a Construction Accident Case?
Plaintiffs can file a claim for both economic and non-economic losses. This means that they may obtain the cost of personal property that was damaged in the accident, medical care, lost wages, and other calculable losses.
They can also include non-financial damages to the list. This might include:
Pain and suffering
Loss of quality of life
Mental anguish
Disfigurement
Loss of consortium
An experienced Ohio attorney can help construction accident victims calculate the amount they are rightfully due and stand up for their rights to ensure that they are not forced to settle for an unfair amount. They can also share information on the mesothelioma statute of limitations in Ohio.
Schuerger Shunnarah Trial Attorneys Is Here to Help
The reality is that most personal injury cases are complex, with a number of moving parts. There are often multiple parties involved, and laws apply, which is why it is important that claimants hire an experienced and competent lawyer to fight their case.
Schuerger Shunnarah Trial Attorneys is not afraid to go to war for those who have been wounded in a construction accident case or whose family member has suffered a wrongful death.
Victims can contact us to schedule a FREE consultation to discuss the specifics of their case and ensure that they satisfy the limitations for personal injury claims.