Warren County is home to more than 220,000 Ohio residents living between Cincinnati and Dayton. Anyone working in Warren County or regularly commuting to work in one of the nearby cities has the potential of encountering dangerous situations. The potential for injury is higher in densely populated areas. Due to the area’s close proximity to these two large metropolitan areas, and the variety of thriving industries in the area, the residents of Lebanon, Springboro, and the rest of Warren County should have some idea of how to handle a personal injury claim.
Whenever a person suffers an injury due to the negligence of another person or party, the injured party can secure compensation for his or her damages through a personal injury claim. At the Brannon Law Firm, our attorneys have cultivated a 40-year history of successful cases, helping our clients in Ohio secure more than $200 million in case awards and settlements for all kinds of legal claims. If you or a loved one has recently suffered an injury you believe was preventable with appropriate care, read the following overview of personal injury law in Ohio and reach out to our team to discuss your case with a qualified Springboro personal injury lawyer.
Understanding Negligence
“Negligence” has a very specific meaning in the legal world: it describes one person’s or party’s failure to act with reasonable care in a given situation. The law prescribes a duty of care to competent adults, requiring them to act in a responsible and reasonable manner in a given situation, such as following posted speed limit signs and traffic laws while driving, or exercising caution when handling dangerous machinery or equipment. There are four elements of negligence that a plaintiff will need to prove in court to succeed in a personal injury lawsuit:
- The plaintiff (the party suing) must prove that the defendant (the sued party) owed a duty of care in the given situation.
- Next, the plaintiff must show the court how the defendant breached his or her duty of care or acted differently than another reasonable person would in the same situation.
- The plaintiff must also be able to prove that his or her damages resulted directly from the defendant’s breach of duty and not some other cause. For example, if a plaintiff is suing for a back injury after a car accident, he or she must be able to prove the spinal cord injury happened due to the crash and not a preexisting medical condition or some other injury.
- If the plaintiff suffered no loss or injury, he or she has no claim, even if the defendant was negligent. The plaintiff must be able to prove measurable losses resulting from the defendant’s actions (or inaction, in cases where another reasonable person would have taken appropriate action).
Compensation for Personal Injury Damages
Ohio follows a modified comparative negligence rule, meaning that plaintiffs can still recover damages in a personal injury claim, even if they are partially at fault for the incident. However, Ohio’s rule only allows plaintiffs to recover damages if they are less than 50% at fault for the incident in question. The court assigns a fault percentage based on the facts of the case, and a plaintiff’s compensation is reduced by that percentage. For example, a plaintiff found 10% at fault for a $50,000 claim would lose 10% of the case award and only receive $45,000.
Free Consultation With a Skilled Springboro Personal Injury Attorney
Navigating a personal injury claim in Warren County can be difficult without a personal injury lawyer. Even seemingly open-and-shut cases need to meet various filing requirements and court deadlines, and failing to meet these obligations can have a claim thrown out before it even makes it to trial. Anyone in Lebanon, Springboro, or anywhere else in Warren County who expects a personal injury lawsuit in the near future should contact Brannon Law Firm for a free case evaluation. An experienced Springboro personal injury lawyer at our firm will review your situation and let you know what to expect from a lawsuit.