Do You Have a Personal Injury Claim? Here’s What You Need to Prove After an Accident

Accident victims in Ohio can seek just compensation under a wide range of circumstances. That said, whether someone has a personal injury claim after an accident depends on the specific circumstances. A Columbus personal injury lawyer can assist with assessing and proving liability—from conducting an on-scene investigation to gathering evidence through other means.

If you were injured in an accident in Ohio, your legal rights depend on the circumstances involved. While accident victims will have grounds to file personal injury claims in many cases, filing a personal injury claim requires proof that someone else was to blame.

Proving that someone else was to blame may require multiple forms of evidence and may necessitate gathering it from multiple sources. This is one reason why it is important to work with an experienced Columbus personal injury lawyer; and, if you are interested in filing a personal injury claim, you should speak with a lawyer as soon after your accident as possible.

What it Takes to Prove Liability After an Accident in Ohio

There are two primary grounds for pursuing personal injury claims under Ohio law: (i) negligence, and (ii) strict liability. The vast majority of personal injury claims are based on negligence, while strict liability applies in cases involving product defects and dog bites.

1. Proving Negligence After an Accident in Ohio

If you were injured in an auto accident or slip-and-fall, seeking just compensation for your injuries will most likely involve proving negligence. In both types of cases, negligence can take many different forms.

Broadly, proving negligence involves proving that someone else made a mistake that led to your injuries. For example, in auto accident cases, common forms of negligence include:

• Careless driving
• Distracted driving
• Drowsy driving
• Drunk driving
• Reckless driving

In slip-and-fall cases, common forms of negligence include:

• Failing to clean up spills
• Failing to perform necessary repairs
• Failing to provide adequate lighting
• Failing to check for potential slip-and-fall risks
• Ignoring known slip-and-fall risks

Forensic evidence, traffic and surveillance camera footage, eyewitness testimony, cell phone records, maintenance records, receipts, emails and text messages, and other forms of evidence can all be used to prove negligence, depending on the circumstances. Once you hire a Columbus personal injury lawyer to represent you, your lawyer will be able to conduct a thorough investigation focused on gathering the specific evidence needed to prove your legal rights.

2. Proving Strict Liability After an Accident in Ohio

In cases involving strict liability, proof of negligence is not required. Under Ohio’s strict liability laws, the simple fact that a specific type of accident or incident happened is sufficient to justify a personal injury claim. As we mentioned above, strict liability primarily applies in two scenarios:

• Accidents Involving Product Defects – If you were injured by a defective product, proving that the product was defective will be enough to establish your claim for damages.
• Dog Bites Resulting in Serious Injuries – If you were bitten by someone else’s dog, the dog’s owner could be strictly liable for your medical bills and other losses.

While proof of negligence isn’t required in strict liability cases, victims must still be able to clearly prove their legal rights in order to seek the financial compensation they deserve. With this in mind, experienced legal representation is also required in these cases.

You Also Need to Prove Your Damages Resulting from the Accident

Along with proof of liability, filing a successful personal injury claim in Ohio also requires proof of the damages you are entitled to recover. This includes proof of your financial and non-financial losses:

• Financial Losses – Common financial costs related to serious accidents include medical expenses, prescriptions and medical supplies, and loss of income.  
• Non–Financial Losses – Common non-financial costs related to serious accidents include pain and suffering, emotional trauma, and loss of consortium and companionship.

Proving the value of your claim will also require various forms of evidence; and, here too, it is important to work closely with an experienced Columbus personal injury lawyer who can help you effectively assert your legal rights. While adding up your out-of-pocket costs to date may be fairly straightforward, calculating your future financial losses and determining what constitutes “just” compensation for your non-financial losses require in-depth knowledge of Ohio’s personal injury laws.

How the Insurance Companies Fight to Avoid Liability for Personal Injury Claims

Another key fact to keep in mind when pursuing a personal injury claim is that while you are fighting to prove your legal rights, the insurance companies will be fighting to pay you as little as possible. The insurance companies use a variety of tactics to fight accident victims’ personal injury claims, and you will need to be prepared to deal with these tactics at various stages of the process. Some of the insurance companies’ most common defense tactics include:

• Blaming accident victims for their own injuries
• Offering quick lowball settlements
• Delaying settlements to exert financial pressure
• Highlighting facts that support their defense while ignoring others
• Making the claims process as difficult and frustrating as possible

As an accident victim, it is important not to let these tactics stand in the way of recovering the financial compensation you deserve. If you have a personal injury claim, you deserve to recover the maximum compensation that is available to you under Ohio law, and you should not let the insurance companies take advantage of your situation.

What You Can Do to Prove Liability for Your Accident-Related Injuries

With all of this in mind, what can you do to prove liability for your accident-related injuries if you have a personal injury claim? To help maximize your chances of recovering just compensation, you can:

Report the Accident

If you have not done so, you should report your accident (or have a lawyer report it for you). Auto accident victims and other victims who need emergency medical attention can call 911, while those who do not need emergency medical care after falls and other accidents can call their local law enforcement agency’s non-emergency number.

Preserve As Much Information and Evidence as Possible

The more information and evidence you can preserve, the better. With this in mind, you should be sure to keep any photos, videos, and other evidence you may have, and you should take detailed notes about your accident as soon as possible. Going forward, you should also keep copies of your medical records, employment records, insurance documents, and any other relevant documentation.

Hire a Lawyer as Soon as Possible

Gathering all of the evidence you need to prove your legal rights will require experienced legal representation. Once you hire a Columbus personal injury lawyer to represent you, your lawyer will be able to launch an investigation and take any other steps that may be necessary to prove your right to just compensation.

FAQs: Proving Liability After an Accident in Ohio

How do I know if I have a personal injury claim after an accident?

Determining if you have a personal injury claim after an accident in Ohio requires a thorough investigation of the circumstances involved. It is critical that this investigation takes place as soon as possible—before any key evidence disappears.

You should not try to investigate your accident on your own. Not only can this potentially be dangerous, but investigating is a complex process that requires an in-depth understanding of all of the legal implications involved. If you try to investigate on your own, you could render key evidence inadmissible in court.

What evidence do you need to file a personal injury claim in Ohio?

The types of evidence you need to file a personal injury claim depend on the circumstances involved in your accident. When you hire an experienced Columbus personal injury lawyer to represent you, your lawyer will be able to determine what evidence is available, and then your lawyer will determine if the available evidence is sufficient to pursue a personal injury claim under Ohio law.

Do I need a lawyer to help me file a personal injury claim?

While you are not legally required to hire a personal injury lawyer in Ohio, practically speaking, you will need an experienced lawyer on your side. Proving your legal rights after an accident is a complex process, and if you do not have all of the evidence you need, you will not be able to seek the full compensation you deserve. From dealing with the insurance companies to going to court if necessary, there are many other important ways an experienced Columbus personal injury lawyer will be able to help as well.

Schedule a Free Consultation with a Columbus Personal Injury Lawyer Today

If you have questions about proving your legal rights after an accident in Ohio, we strongly encourage you to get in touch. To schedule a free consultation with an experienced Columbus personal injury lawyer at Malek & Malek Law Firm, call 888-444-7440 or tell us how we can help online today.