What is Negligence Law in Ohio?
In most claims that arise from an accident that causes an injury, anywhere from car accidents to medical malpractice, the basis that allows someone to bring a lawsuit is negligence law. The use of negligence law allows an injured party to hold to party that was 'negligent' legally responsible for their injuries and damages. In order to be successful in collecting for your damages from the negligence of someone else, you will have to prove that that other party was negligent. The law firm of Harris & Engler helps clients and families in Columbus and greater Central Ohio recover for their losses due to the negligence of another party.
How Do You Prove Negligence?
Negligence can occur when there was an act, and that act was the result of a failure to use reasonable care, and there was damage or injury to another person. Negligence can also occur when there was a failure to act or do something when there was a duty to do something. Negligence by omission could occur if, for example, a patient was brought into the emergency room and presented to a doctor, who then did nothing to help the patient. In that case the doctor would have had an obligation to essentially be a doctor with regard to that patient, and the doctor could be found negligent by failing to do anything.
There are five things that must be proven in order to win a negligence lawsuit. First, there must have been a legal duty to exercise reasonable care. Second, there must have been a failure to exercise reasonable care. Third, the failure to exercise reasonable care must have caused the physical harm. Fourth, there must be actual damages (there actually has to be harm). Lastly, the failure to use reasonable care must have essentially been the direct cause of the injury - no intervening forces or forces that supersedes the failure to use reasonable care must have been the cause of the injury.
Columbus Negligence Attorneys
The law firm of Harris & Engler helps victims of personal injuries obtain compensation for their injuries and damages. The law firm of Harris & Engler is located in Columbus, Ohio, and its attorney help individuals recover for their injuries due to negligence in Franklin County, Delaware County, Fairfield County, Licking County, and Union County. You can talk to an attorney about your personal injury case today by calling Harris & Engler at (614) 610-9988.
