What to Expect When Filing a Personal Injury Claim
Many of the accidents listed above are caused by negligence. The legal theory of negligence identifies actions and omissions by individuals that may injure others. For example, in Ohio, an injury-causing motor vehicle accident may be the result of a driver who was speeding, which, based on the circumstances, can be considered a negligent act.
When determining if a party was negligent in causing another person’s injuries, a court will determine if the negligent individual acted reasonably. If a person responds to a situation the way a reasonable person would, it may be found that they also acted reasonably. However, if the individual acts unreasonably, they may be liable for the harm they cause to others.
Many actions and behaviors may be deemed negligent regarding motor vehicle accidents. A driver who operates too fast for weather conditions, such as not driving cautiously on icy or wet roads, may be found to have acted unreasonable and therefore responsible for the accident they caused. Similarly, drivers who read emails or send text messages as they drive down the road may be found negligent for their unreasonable distracted driving choices.
A personal injury case built on negligence requires an injured party to show that the responsible party acted unreasonably, but also that their actions were the cause of the harmed party’s losses.
Personal injury claims based on negligence and other theories of law can be complicated and may require extensive elements of proof to persuade courts of their validity. The help of an experienced personal injury attorney can be an essential part of the success of your claim.