Were you injured in an accident? You may be entitled to recover compensation for the full extent of your damages through a personal injury claim. In Ohio, personal injury liability is based on fault. To hold another party legally responsible for your accident, you need to be prepared to prove negligence. At Tittle & Perlmuter, we fight for justice for injured victims. Here, our Cleveland personal injury attorney can help you prove negligence in a personal injury case in Ohio.
What is Personal Injury Negligence?
Negligence is defined as the failure to take due care. What exactly actions/inactions constitute negligence will depend on the specific circumstances. There are four elements of negligence:
- Duty of Care: The defendant must have owed a duty of care to the plaintiff. The duty varies depending on the relationship between the parties and the circumstances. With that being said, the element generally means there was an obligation to avoid causing harm to others.
- Breach of Duty: The defendant must have breached that duty by acting or failing to act in a certain way. A breach occurs when a party does or fails to do something that a reasonably prudent person would not have done. Proving a breach is the key to most negligence claims.
- Causation: There is no liability for negligence without causation. The defendant’s actions (or inactions) must have been the cause of the plaintiff’s injury. Causation is often broken down into two sub-categories: actual cause and proximate cause.
- Damages: Finally, the plaintiff (injured victim) must have suffered actual harm or injury as a result of the breach. In the context of personal injury law in Ohio, damages are largely focused on the physical injury and economic and non-economic consequences.
Negligence is the Basis of Liability in Most Personal Injury Cases in Ohio
Why does negligence matter so much in a personal injury claim in Ohio? The short answer is that negligence is the legal theory used in most personal injury cases. With some limited exceptions—such as for a product liability claim—injured victims in Ohio must prove the defendant’s negligence in order to establish liability and recover financial compensation.
How to Prove Negligence: A Comprehensive Investigation
How do you prove negligence in a personal injury claim? A comprehensive investigation of the accident is a must. You need access to all relevant evidence. With the evidence, you will be in the best possible position to prove how and why your injuries happened. Your case should always be investigated thoroughly by an experienced Cleveland, OH personal injury lawyer. Some notable examples of key evidence that can be used to prove negligence in a personal injury claim include:
- Your Personal Account: Your personal account of the incident can be key to establishing what happened. It is a good idea to write down an account right away after an accident.
- Photos/Videos: Photos and videos can serve as compelling evidence by visually documenting the scene of the accident and any hazards that contributed to the incident.
- A Police Report: Is there a police report for your accident? If so, it is imperative that you get a copy. It is a key form of evidence, particularly for motor vehicle crashes.
- Witness Statement: Witness statements can corroborate your version of events by providing an independent account of the accident/incident.
- Relevant Records: You should take action to get any relevant records. For example, truck maintenance records can be key for your claim.
- Expert Testimony: Expert testimony is often used to explain complex issues related to negligence—especially for medical, engineering, or mechanical matters.
Ohio is a Modified Comparative Negligence State
Under Ohio law (Ohio Rev. Code Ann. § 2315.33), a modified comparative negligence standard applies to personal injury claims. The law allows injured victims to seek compensation for an accident—even if that accident happened, in part, because of their own negligence.
You can recover compensation so long as your negligence is 50 percent or less. If you are partially responsible for your own accident, you will bear a proportionate share of the blame for your own damages. For example, imagine you were 25 percent liable for your own car crash in Cleveland. In Ohio, you would be liable for 25 percent of your damages—meaning you could only recover for 75 percent.
Recovering Compensation for a Serious Accident in Ohio
In Ohio, injured victims have the right to seek compensation for the full value of their damages, including non-economic losses and intangible harm. How much can you expect to recover through a personal injury claim? The answer is case-specific—and it will depend both on your ability to prove negligence and your ability to document your damages. Along with other losses, our Cleveland personal injury lawyers can help you and your family seek compensation for:
- Property damage;
- Emergency room care;
- Hospital bills;
- Other medical costs;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability;
- Physical disfigurement;
- Reduced quality of life; and
- Wrongful death of a family member.
Why Trust the Cleveland Personal Injury Lawyers at Tittle & Perlmuter
Navigating a personal injury claim is never easy. Proving negligence is key to establishing liability and maximizing your compensation. At Tittle & Perlmuter, we are committed to personalized advocacy for victims and families. You do not have to take on the claims process alone. Our client testimonials and history of case results demonstrate what we can do for injured victims. Your consultation with our Cleveland personal injury lawyer is always free and confidential.
Schedule a Free Consultation With a Top-Tier Cleveland Personal Injury Lawyer Today
At Tittle & Perlmuter, our Cleveland personal injury attorneys fight tirelessly for justice for victims and their families. If you have any questions about proving negligence after a serious accident, we are here to help. Give us a phone call now or contact us online to arrange your free, no-commitment consultation. From our offices in Cleveland, Elyria, Sandusky, and Chardon, we fight for the legal rights and financial interests of injured victims throughout the surrounding region.
