Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Experiencing an injury or damage to your property can present all kinds of obstacles to your health and finances. Unfortunately, attempting to solve these problems through the legal system on your own can be an overwhelming task.
Therefore, if you wish to file a civil lawsuit to pursue compensation for your losses, consider seeking the counsel of a dedicated and skilled attorney. An experienced Defiance personal injury lawyer could review the circumstances of your case and examine the options you may have to receive compensation.
Personal injury cases may arise from bodily injuries or damages to property as a result of an intentional or unintentional tort, outlined in Ohio Revised Code §2307.011. While most claims arise from accidents—such as bus accidents, car wrecks, cycling injuries, and motorcycle crashes—others stem from intentional actions such as an assault.
When a case arises from an accident, an injured claimant must be able to demonstrate that the defendant was negligent. Essentially, to be negligent, a defendant must have owed a duty of care to the plaintiff, breached this duty, and then caused an accident that resulted in the claimant’s injuries. A skilled Defiance attorney could help a person who suffered a personal injury prove these elements of negligence in court to hold the at-fault party responsible.
Depending on the circumstances of a case, an injured individual might be able to pursue recovery for multiple types of damages. Essentially, the courts separate damages into three categories: economic damages, non-economic damages, and punitive damages.
Plaintiffs may seek economic damages to recover tangible losses such as lost wages, property damage, or medical expenses. Noneconomic damages, on the other hand, fall under intangible losses, which might include pain and suffering, emotional distress, or loss of enjoyment of activities. Unlike economic damages which can be proven by documentation, noneconomic damages are assessed by the court and awarded based on the consideration of several factors, such as the severity of the injuries.
Punitive damages are special damages that a court awards to a plaintiff with the purpose of punishing the defendant for their conduct. Ohio. Rev. Code. §2315.21(C) states that a plaintiff may only seek and receive punitive damages against a defendant if their actions or omissions were malicious, aggravated, or egregiously fraud. A diligent personal injury lawyer in Defiance could assess a plaintiff’s case to determine which types of damages they may be entitled to.
If you or a loved one were injured due to another person’s negligence, you should not have to suffer through your injuries and court proceedings on your own. Instead of single-handedly seeking your recovery, it may be in your interest to seek legal assistance.
With the care and consideration of a Defiance personal injury lawyer, some of the weight could be lifted from your shoulders. Contact an attorney today to get started on your case.
Charles E. Boyk Law Offices, LLC