Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When someone is involved in an unexpected accident, they may face severe injuries that require extensive medical care. One might also have to take time from work, resulting in a loss of income. If you were in an accident caused by the negligence of another person, you could take legal action.
With the guidance of a driven attorney, you could file a claim and collect financial compensation. Reach out to a Holland personal injury who could walk you through the legal aspects of your case.
Whether you were injured due to a car accident, a slip and fall incident, or a situation involving medical malpractice, proving liability is the most important part of any personal injury claim. The success of a claim depends on the injured person’s ability to prove another party’s negligence.
Proving negligence under the law is a four-part process. To recover damages, a plaintiff must prove that each of these four elements is present in their case: duty of care, breach of duty, causation, and damages.
In an accident case, victims must establish the existence of a duty of care. This means the at-fault party must have had a responsibility to keep the injured person safe. In a car accident claim, the duty of care is rarely contested, as all licensed motorists are required to follow traffic laws and take caution for others.
After establishing the duty of care exists, the plaintiff then has to establish the defendant violated that duty. Any act resulting from carelessness or recklessness that injured the plaintiff could meet this element. Common examples include moving violations in car accident cases and violations of health standards in medical malpractice cases.
The third element is known as causation. A plaintiff in a personal injury case must demonstrate a direct link between the negligent party’s actions and their injuries.
The final element of liability a plaintiff must prove is that damages occurred. The injured party must demonstrate that their losses warrant compensation. Common damages include medical costs, property damage, pain and suffering, and emotional distress.
A local personal injury attorney could work with you to establish liability and demonstrate your need for compensation.
Proving negligence in an accident case can be complex, especially when more than one party may be at fault. Under state law, a plaintiff who shares in the fault for an accident could still recover damages from a personal injury claim, though the amount of fault they bear could impact the amount of available compensation.
The state governs personal injury cases using the legal concept of contributory negligence stated in the Ohio Code § 2315.33. A plaintiff may recover damages in an injury claim only if the defendant’s degree of fault is greater than theirs.
It is important to note that the injured party’s damages award may be reduced by the percentage of fault they bear. For example, a plaintiff who is 27 percent at fault could see their damages reduced by that percentage. A lawyer who focuses on personal injury cases could defend you against allegations of partial fault.
The days that follow an accident are never easy. Attending doctor’s appointments and dealing with time away from work is only part of the struggle. Talking to a personal injury lawyer as soon as possible often makes the legal challenges easier to handle.
A Holland personal injury lawyer can deal with the legal aspects of your case and help you build a strong argument for compensation. Schedule an initial consultation today to let an experienced attorney help with your claim.
Charles E. Boyk Law Offices, LLC