When Ohio residents suffer an injury, be it in a motor vehicle accident, product liability incident or even a slip-and-fall case, they may be hesitant to consider filing a personal injury lawsuit. Why? Well, for starters, many people aren’t sure of the exact steps involved in pursuing such an option. So, what should you know about personal injury lawsuits?
There are four basics elements of a personal injury claim: duty; breach; causation; and damages. The “duty” element refers to the fact that a person or entity owes a duty to another party to act in a certain way. Drivers, for example, have a duty to all others on the roadways to operate their vehicles safely. The “breach” element simply refers to the allegation that the “duty” in question was not adhered to, either by act or omission, in most cases – the “duty” was “breached.”
The “causation” element is proven by showing that the “breach” of the “duty” is what, in fact, actually led to the accident and injuries in question. This element is oftentimes the most difficult part of a personal injury lawsuit to prove, and is the usually the most contested. Lastly, the “damages” element refers to the fact that the injured party must be able to show that there are compensable damages that resulted from the accident in question.
Filing a personal injury lawsuit
Personal injury lawsuits can become complicated in a hurry. At our law firm, we work with Ohio residents who want to protect their legal rights. For more information, please visit the personal injury overview section of our law firm’s website.