Personal Injury
Car Accident
DUI Injury Claims
Truck Accident
Motorcycle
Accident
Bicycle Accident
Dog Bite Attack
Medical Malpractice
Elder Abuse
Legal News
|
Wrongful Death
Injury To Child
Spinal
Injury
Brain Injury
Product Liability
Pedestrian
Accident
Premise Liability
Work Accident
|
What Is A Personal Injury Claim? Your Injury
Attorney Explains.
Ohio Personal Injury Lawyer - Cleveland Accident Attorneys – Call The Right Attorney - Cleveland, Ohio
A “personal injury” or “bodily injury” claim
occurs when someone is physically or emotionally injured by the
legally wrongful conduct of another. Attorneys also call these types
of claims “torts.” As a society, we place demands on all
citizens not to cause injuries to others. Whenever someone
else harms you, they become liable to answer to the tort laws
governing the situation.
In Ohio, the laws covering personal injury allow the injured party
to receive compensation for damages caused by other’s wrongful acts.
In this regard, “personal injury” actions have three primary
elements. A personal injury victim must prove that: (1) the
defendant (the one doing the wrong) owed a legal duty to the
plaintiff (the personal injury victim); (2) the defendant breached
that duty; and (3) the defendant’s breach of that duty directly and
proximately caused damage to the plaintiff. When all three elements
take place, a personal injury, or tort, has occurred.
There are essentially three types of conduct that can cause the
breach of a duty. First, liability can be caused by
intentional wrongdoings. An intentional act is one designed to
cause harm or injury. For example, if an angry person punches
you in the face, that is most likely an intentional tort (it may
also be the basis for criminal action). The person committing
the act wants to harm you.
More Questions? Call An
Injury Lawyer At:
1-888-70-RIGHT or
(216) 291-4744
Second, liability can be caused by the defendants’ negligence.
A negligent act occurs when someone acts improperly or fails to take
legally required action. For example, negligence occurs when
another driver crashes into your car, or a store fails to clean up a
slippery liquid on the floor that has been sitting there for an
extended period of time. Unlike intentional torts, there is no
need to prove that the defendant had a desire to cause an injury in
order to establish a negligence claim.
A third form of person injury law involves
“strict liability.”
Strict liability means that there is responsibility whether or not
negligence was involved. This is usually limited to specific
circumstances identified by federal or state statutes. For
example, dog owners are strictly liable when their dog bites an
innocent victim, and manufacturers and stores can be strictly liable
when their product fails and causes an injury to someone despite
being used in a foreseeable manner. If you have been injured
by a defective product or bitten by a dog, under the terms of strict
liability you are not required have to prove intent or negligence.
“Damages” means what is owed to you as a matter of law to compensate
you for your injuries and losses. Damages can include an award
for pain and suffering, medical bills, lost wages, loss of
consortium or companionship to family members, property damage,
reduced life expectancy, and reduced earning capacity, among others.
In order to preserve and establish these elements, it is crucial to
call the right personal injury attorney as soon as possible. Indeed, as a
large portion of the evidence may still be in the potential
defendant’s control, The Spitz Law Firm acts quickly to make sure
that as much evidence as possible is gathered and preserved.
When you come to The Spitz Law Firm, an experienced attorney will
represent you and investigate all possible types of legal claims and
damages.
Call Your Cleveland Personal Injury Attorney
24/7 At:
1-888-70-RIGHT or (216) 291-4744
Email Your Ohio Personal Injury
Attorney At:
ImmediateResponse@CallTheRightAttorney.com
Not Only Is It Free To Have Your Initial
Consultation With A Personal Injury Lawyer, But You Will Pay
Nothing Unless We Recover Money For You! There Is
NO Cost To Call.
|
"As a large portion of the evidence may still be in the
potential defendant’s control, The Spitz Law Firm acts quickly to make sure
that as much evidence as possible is gathered and preserved."
More Injury Info:
Personal Injury Home
Protecting Your Personal Injury Claim - What Should
I Do
Next?
What Is A Personal Injury Claim? Your Injury Attorney Explains
Why Should I Hire A
Personal Injury Attorney?
|