Bowling Green Personal Injury Lawyer Explains The Process
You have the right to file a civil action to pursue damages for your losses after another person’s actions result in injury to your person. However, even if you file a civil action, you are not guaranteed your full damages amount, or compensation at all; you must prove the four elements of a personal injury claim, and demonstrate the extent of damages you have suffered. Our talented Bowling Green personal injury attorneys can help.
The Elements of a Personal Injury Claim
There are four elements of a personal injury claim that you must prove in order to recover compensation for your losses. These elements are:
- The defendant owed you a duty of care. The first element that you must prove is that a relationship existed between you and the defendant to a degree that the latter owed you a duty of care. For example, drivers on the road owe one another the duty to operate their vehicle responsibly, or property owners owe those who enter their property a duty to maintain the property in a safe condition.
- The defendant breached the duty of care. The second element involved proving negligence, or the defendant’s failure to act with the degree of care reasonable for the situation. For example, driving while distracted is negligent, as is failing to correct a dangerous condition on a property, such as the presence of ice or snow.
- The breach of duty of care caused your accident. The third task is to prove that the breach of duty of care was the direct cause of your accident. In other words, it is not enough to prove that the defendant was driving while distracted – can you prove that your accident would not have occurred but for that distraction?
- You’ve suffered losses as a result. Finally, the last thing that you must prove is that you’ve suffered actual losses. You have established that negligence caused the accident, but what have you lost as a result of that accident? Have you experienced pain and suffering? Financial losses due to medical bills and your inability to work? Can you prove it?
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In addition to the four elements of a personal injury claim listed above, you must also be sure to file your claim no later than two years from the date of your accident, per ORC 2305.10.
At the law offices of Lafferty, Gallagher & Scott, LLC, we have been working with injured people in the Bowling Green community for more than 30 years, and understand the ins and outs of personal injury law. If you think that you may have a case, call our experienced attorneys today to learn how we can help you to file your claim and prove causation and damages. You can reach us now online, or contact our experienced Bowling Green personal injury attorneys by phone.