Proving a Personal Injury Claim in Ohio

If you’ve been injured in an accident that was due to negligence or carelessness of another party, you are entitled to compensation under the personal injury laws in your state. The extent of your injury, in addition to what you can prove in court, will factor into whether you should accept an insurance settlement or go to trial. 

Having proof of negligence is important to support your verbal claims of responsibility for an injury. Having proof is not always as easy as it sounds. Proving a personal injury claim in Ohio requires substantial evidence and sometimes credible expert testimony. The four main considerations when proving negligence include:

Duty – you must be able to prove that the responsible party had a duty to avoid causing harm to others and to act with reasonable caution. 

Breach – you need to be able to show that the responsible party failed to observe this duty through negligence or carelessness, or did not act how a reasonable person would act in the same situation.

Causation – the actions of the responsible party must be proven as the direct cause of your injury. You may not be able to recover compensation if your injuries were not due to a failure to act with reasonable caution. 

Damages – you’ll need to prove your claim for damages with evidence of the harmful effect of your injuries. Save all medical visit reports, medical bills and lost wage information. 

Additional factors include the statute of limitations in your state and any shared fault considerations. A personal injury lawsuit may result in more compensation that an insurance settlement offers but is not without risks. Be sure that you have the proof to back up a personal injury claim and learn how to strengthen your case. 

Get the Results You Deserve

Schiff & Associates is a personal injury law firm in Columbus, OH, known for quality legal representation in car accidents, personal injury and wrongful death cases. We offer a powerful legal team with combined specialized skills including investigators, paralegals, legal assistants and a CPA. 

We provide the results you can count on in personal injury and wrongful death cases. Schiff & Associates helps to evaluate your claim and all supporting evidence, maintaining an open line of communication with you while we fight for your rights. 

Schiff & Associates has recovered hundreds of millions of dollars for the people of our community. You can have confidence in your 35+ years of fighting for the results you deserve. Contact us today to speak with a top rated personal injury attorney in OH.