If you are considering filing a civil lawsuit in Ohio, having the right legal guidance can make all the difference in navigating the complex process successfully. At The Attkisson Law Firm, our experienced trial attorneys are dedicated to helping you understand how to file a civil lawsuit in Ohio and how to pursue your claim effectively. Whether you’ve been injured in a car accident, suffered from a slip and fall, or faced other civil wrongs, we provide compassionate, aggressive representation every step of the way.
Don’t risk missing important deadlines or facing procedural pitfalls alone. Contact The Attkisson Law Firm today for a free consultation to discuss your case, explore your options, and begin your path toward obtaining the compensation you deserve. We’re ready to stand with you and fight for your rights.
What is a Civil Lawsuit?
There are generally two types of court cases: civil and criminal. In a criminal case, a prosecutor representing either the state or the federal government will bring the case against the accused. They must establish beyond a reasonable doubt that the defendant committed the crime in order to secure a conviction.
Civil cases are not held to such a high standard of proof. A civil lawsuit is a legal matter between two parties. One accuses the other of committing wrongs – such as causing a personal injury in a car crash – and seeks to recover damages from them.
In a civil lawsuit, the plaintiff and their legal representative must prove that the defendant caused the accident/incident by presenting evidence to support their claim. Many civil lawsuits are settled out of court, but others may be decided by a jury in a courtroom.
What Are Common Types of Civil Litigation Cases?
Examples of civil litigation cases you might file in Ohio include:
Should You Hire Professional Legal Counsel?
Legally, you are not required to retain legal counsel to file a lawsuit in Ohio. You may file a civil complaint on your own and represent yourself in civil court. However, this is generally not recommended. You stand a much better chance of success with professional legal assistance. A civil attorney can ensure your case proceeds more smoothly, saves time, and possibly reduces overall costs compared to self-representation.
At the Attkisson Law Firm, we work on a contingency fee basis, which means we only charge legal fees if we win your case. If you don’t recover compensation, you owe us nothing in fees. We also advance case expenses while aggressively pursuing the maximum compensation for your claim.
When Is the Right Time to File a Civil Lawsuit?
It’s important to act promptly. Ohio has specific deadlines known as the Ohio civil statute of limitations, which determine how long you have to file a civil suit. Filing after these deadlines usually results in dismissal of your claim.
Consulting with an experienced civil litigation lawyer as soon as possible gives your legal team time to gather evidence, interview witnesses, and begin building your case. Early legal involvement could also increase the potential for a settlement and might avoid an expensive trial.
The Attkisson Law Firm is home to three of Ohio’s most experienced trial lawyers. By working with our attorneys, you can rest assured that we have the knowledge to help you through all phases of your civil lawsuit.
What Are the Steps in a Civil Lawsuit in Ohio?
Here is an overview of the typical process:
- Filing the Complaint: The lawsuit begins when the plaintiff files a ‘complaint,’ a legal document that outlines the basics of the case including the defendant’s alleged wrongdoing. This complaint is filed with the court, initiating the lawsuit. A copy is then served to the defendant.
- Defendant’s Response: The defendant has 28 days to respond by filing an ‘answer.’ This document contains their reply to the allegations and may include defenses or counterclaims. The defendant may also request the plaintiff to amend their complaint or ask the court to dismiss the lawsuit.
- Discovery Phase: After pleadings, both parties exchange evidence through discovery. This process helps clarify the facts and narrows the issues.
- Settlement or Trial: Many cases settle during or after discovery to avoid trial. If no settlement occurs and the judge finds the case merits a trial, the lawsuit proceeds to court.
Not all attorneys have trial experience, so having a skilled trial lawyer is significant when preparing to sue someone in Ohio and take a case through all phases of litigation.
Ohio Civil Statute of Limitations: How Long Do You Have to File a Civil Suit?
Ohio’s statute of limitations varies depending on the type of claim you are pursuing. For example, personal injury claims generally must be filed within two years from the date of the injury. Other claims may have different time limits, so understanding the specific deadline applicable to your case is essential.
For wrongful death claims, Ohio law generally requires that a lawsuit be filed within two years from the date of the deceased’s death. This deadline applies to most wrongful death cases arising from negligence, accidents, medical malpractice, or other wrongful acts.
If you file after the statute of limitations expires, your case will likely be dismissed without consideration of the merits.
Exceptions to these limitations are rare and typically only granted in cases involving minors, incapacity, or where the injury was not immediately discoverable.
Contact the Attkisson Law Firm to Schedule a Free Consultation
The Attkisson Law Firm is a respected Ohio-based law firm providing compassionate and aggressive representation in civil litigation. We handle cases on a contingency fee basis so you will not owe fees unless we recover compensation for you.
If you want to learn how to sue someone civilly, or need guidance on how to file a civil lawsuit in Ohio, contact us for a free case evaluation at (937) 400-0000.
