Can You File a Personal Injury Claim Without Negligence?
When it comes to Ohio personal injury claims, there are often a number of questions that pop up for someone who is looking to file one. These can range from whether or not there is a statute of limitations (there is!) all the way to how negligence plays a part in a personal injury claim.
For anyone in Ohio, whether you have been injured in a car accident or while at work, understanding some more of the details around a personal injury claim can be helpful as you seek to file one. Below, we take a look at some questions related to personal injury claims, including if you can file a personal injury claim without negligence.
Disclaimer: The following is not legal advice. Please schedule a consultation with one of our Columbus personal injury lawyers for guidance related to your specific situation.
Can You File a Personal Injury Claim Without Negligence?
The short and long answer here is no, you typically cannot file a personal injury claim without negligence. There are certain exceptions to negligence, such as strict liability and intentional wrongs, but the most common type of personal injury claim involves proving negligence.
Negligence, when related to an Ohio personal injury claim, is the basis that connects the liable party to your claim. As defined by the Ohio Department of Insurance, negligence is “the failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury or damage to another.”
If you have been injured in an accident, being able to prove negligence will be key to whether or not you have grounds to file a claim. Proving negligence in any type of personal injury claim includes establishing the following:
- The liable party owed you a duty of care.
- That duty of care was breached by the liable party.
- The liable party’s breach was the cause of your injuries and associated losses.
- That you suffered damages (your injuries and Losses) as a direct result of the liable party’s breach.
Proving negligence is a critical part of any personal injury claim. If you have questions about negligence and how it applies to your situation, please contact The Friedmann Firm today to schedule a consultation.
What Kind of Evidence is Used in an Ohio Personal Injury Claim?
There are a few different types of evidence that can be used in a personal injury claim. Evidence includes:
- Incident reports, such as police reports and workplace reports
- Medical records
- Eyewitness testimony
- Expert opinions
Evidence such as the above is used to help build a strong case for your claim. It can essentially make the difference between a successful or unsuccessful claim. It’s also critical when negotiating with insurance companies.
Gathering the most important supporting evidence is something that a Columbus personal injury lawyer can help with.
Damages That Can Be Recovered in an Ohio Personal Injury Claim
When you have been injured due to another person’s negligence, a primary concern for you may be what type of damages you can recover from a personal injury claim. Unexpected injuries can leave you with medical costs and lost income, so understanding the damages available to you is important.
Recoverable damages include:
- Lost income (current and future)
- Medical costs (current and future)
- Pain and suffering
- Property damage
- Emotional distress
In certain cases where wrongful death has occurred, additional damages may be available including funeral and burial costs.
What Kind of Caps Exist on Recoverable Damages from a Personal Injury Claim?
When it comes to an Ohio personal injury claim, it can be helpful to know that certain caps exist on recoverable damages. A cap is something that essentially limits the amount of compensation that can be awarded. These caps are defined in Section 2315.18 of the Ohio Revised Code.
In Ohio, the limits for non-economic damages in most cases are as follows:
- You cannot recover more than $250,000 or three times the amount of your economic damages.
- The maximum cap is set at $350,000 per person and $500,000 per accident.
Limits for non-economic damages will not apply if the victim has sustained a permanent or substantial physical injury or deformity, such as the loss of an organ system or a lost limb, along with other examples.
Consult with a Columbus Personal Injury Lawyer Today
Filing an Ohio personal injury claim can be a complex process. Individual elements like the severity of your injuries and the negligent acts that led to the accident all factor into the legal process that can leave you with a number of questions.
Here at The Friedmann Firm, we bring an equally compassionate and aggressive approach to personal injury claims. We are here to ensure that you understand your rights and what steps are available to you after you have sustained injuries due to another person’s negligence. Our team is experienced and committed to bringing your case the attention that it deserves.
To schedule a free and confidential consultation with one of our Columbus personal injury lawyers, call us at 614-610-9755 or reach out through our online contact form.
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