The Goldberg Law Firm

legal help nationwide

icon888.637.6463toll free

Email: [email protected]

What should I know about negligence in a personal injury case?

When there is an accident on someone else's property due to hazardous conditions and a person suffers injuries because of it, this could be the foundation for a lawsuit. However, it is important to show negligence on the part of the property owner. This might not be as simple as it sounds, and legal help is essential when considering a legal filing to recover compensation.

Negligence stems from the failure to exhibit the necessary amount of care and someone was injured as a result. If the person who was injured is filing a claim based on negligence, the law requires that the claimant's damages be lowered based on how much they were at fault. This theory is known as contributory negligence. There are five elements that must be proven by the plaintiff to show that the defendant was negligent. The elements are: duty, breach of duty, cause in fact, proximate cause, and damages.

For the element of duty, the plaintiff must show that the defendant had a responsibility to the plaintiff. A breach of duty means that the defendant did not show the necessary level of care. Cause in fact can be shown by the defendant's failure to act - in other words, the injury would not have happened if the defendant had done what they were supposed to do. Proximate cause asks whether the defendant could have predicted that their actions or failure to act might have led to the injuries. Finally, the plaintiff must have suffered damages because of the accident and they have the right to be compensated for them.

When there is an accident in Ohio caused by another's negligence, it is vital to understand the law. A legal professional who is experienced in various legal issues, such as dangerous conditions, negligent maintenance, hazardous conditions and premises liability, can help with filing a case and recovering compensation for medical expenses, lost wages and more.

Source: FindLaw, "Ohio Negligence Laws," accessed on March 20, 2018

No Comments

Leave a comment
Comment Information

Awards & Recognition

Badges Badges Badges Badges Badges Badges Badges

The Goldberg Law Firm Co., LPA | 31300 Solon Road, Suite 12, | Solon, OH 44139 | Phone: 888-637-6463 | Maps & Directions