What are the elements of personal injury negligence in Ohio?

Mar 04, 2024
By admin
What are the elements of personal injury negligence

Personal injuries include all types of injuries that can occur to a person’s body, reputation, and emotions, “as contradistinguished from injury and property rights.” For anyone who has suffered personal injuries at the hands of another person, there are a few things that will need to be established before a personal injury claim can be pursued, including negligence.

Negligence is one of the most common causes of personal injury claims. Negligence most often occurs when another person has failed to exercise an appropriate degree of care that anyone else in a similar situation would exercise reasonably, such as when operating a car, providing medical care, or acting as a property owner.

If you have been on the receiving end of injuries due to another person’s negligence and are interested in pursuing a personal injury claim, you may have questions about what exactly makes up such a claim. Below, we are going to take a closer look at the different elements of negligence in personal injury cases in Ohio to give you a better understanding of what makes up a claim.

Is Injury an Element of Negligence?

Before we get into the actual elements of negligence in personal injury cases in Ohio, we can first discuss whether or not injury is an element of negligence. The long and short answer here is that yes, injury is often an element of negligence.

Negligence, which is essentially where someone has failed to carry out their duty of care that is owed to others, is a key part of all personal injury claims. A victim who has been injured due to the negligence of another person will need to be able to establish that their injuries are because of the negligent actions of someone else.

So, injury is an element of negligence.

What are the Elements of Personal Injury Negligence in Ohio?

As negligence needs to be established in a personal injury case, the following are four elements that a personal injury lawyer will work to demonstrate in relation to a personal injury claim.

  1. Duty of care: It needs to be shown that the liable party owed you a duty of care in the situation or instance where you receive your injuries.
  2. Breach of duty: Once you show a duty of care, you will need to show that there has been a breach of that duty by the liable party – either through their actions or a failure to act appropriately. For example, someone may have breached their duty of care if they violated a posted traffic sign or failed to provide an accurate medical diagnosis.
  3. Cause of injury: A connection between the breach of care and your injuries will need to be proven. For example, if you were involved in a car accident due to a driver violating a traffic law, you will need to show that the driver who hit you had violated the law – usually using evidence and eyewitness testimonials.
  4. Damages: Lastly, you will need to show that you have suffered damages (i.e., your injuries and losses) due to the negligence of the liable party.

These are the four elements of negligence in personal injury cases in Ohio. Proving negligence will be imperative in any instance where you have grounds to pursue a personal injury claim. If you have questions about your specific case and whether or not you have a personal injury claim on your hands, please reach out to The Friedmann Firm.

What are 4 Types of Negligence?

Now that you have a better idea of the elements of negligence in personal injury cases in Ohio, let’s take a quick look at four types of potential claims that result from negligence.

  1. Car accidents: Car accidents are common examples of negligence that can lead to personal injury claims. A driver may run a red light or stop sign, fail to yield to a right of way, or they may drive under the influence of drugs or alcohol.
  2. Premises liability: Negligence can arise on part of a property owner, a store manager, or a restaurant owner. Examples of premises liability include slip and falls due to wet floors or uneven flooring and falling debris due to poor maintenance.
  3. Workplace accidents: Accidents can happen in the workplace for a number of reasons, ranging from unsafe working conditions, slip and falls, to exposure to harmful substances.
  4. Medical malpractice: Medical malpractice, when a health provider fails to act appropriately when treating a patient, can lead to injuries that may provide grounds for a personal injury claim. This is often called “falling below the standard of care.”

Reach Out to a Personal Injury Lawyer Today

If you or a loved one has been injured due to the negligence of another, please reach out to The Friedmann Firm today. Our team of attorneys has experience handling personal injury cases of all types including birth injuries, medical malpractice, and workplace accidents, among others.

We take an aggressive and compassionate approach to each personal injury claim that we take on with an understanding of how life altering injuries can be to you or your loved ones. Our team is experienced and fully dedicated to giving your case the care and attention it deserves as we seek the compensation you deserve.

Given how complicated personal injury claims can be, consulting with a personal injury lawyer from The Friedmann Firm about what to do next is something we recommend. To schedule a free and confidential consultation with one of our personal injury lawyers, contact us over the phone at 614-610-9755 or by reaching out through our online contact form.