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If someone else’s careless or reckless acts have caused you physical or emotional harm, you may have the grounds to pursue legal action against them. You could be compensated by the perpetrator’s insurance company or through a lawsuit filed in civil court asking for damages from the defendant. While compensation cannot make up for what happened to you, it can help you cover the costs related to your harm.
In order to recover damages, you will need to draw a connection between your injuries and another party’s careless behavior. Proving this negligence in court and negotiating with insurance companies can be exceptionally complicated, especially without the guidance of seasoned legal counsel. This is your opportunity to get the money you need to care for yourself and your family; do not leave it up to chance. Let a Marietta personal injury attorney at our firm help you recover the compensation you deserve.
As mentioned earlier, personal injury cases revolve around proving negligence, and the presence of its four elements: duty, breach, causation, and injury. For example, a motorist has a duty to drive safely, and if he does not, he has breached this duty. If his actions cause an accident and a person is injured, the elements of negligence are established. Some common personal injury scenarios are:
If someone has sustained injuries caused by another party’s negligence, a skilled Marietta personal injury attorney can help prove this carelessness in court.
Personal injury attorneys initially listen to peoples’ experiences. These can vary from car accidents to slipping and falling in the grocery store. A personal injury case based on negligence is probable if someone is injured and someone else caused it.
From there, an attorney will weigh the evidence, including medical and police reports, eyewitness testimony, surveillance or cell phone video, still pictures, and sometimes an expert’s opinion.
An attorney usually negotiates with the accused party’s insurance company. Insurers are sure to offer a paltry settlement because they are in the business of making money, not paying out big claims. One tactic they use is to blame the injured party for partly causing the accident. Another is to minimize the harm to the wounded party, implying that recovery from the accident will not be too costly. Only a skilled negotiator should tackle conferences with insurance adjusters.
Attorneys must be cognizant of state and federal laws impacting how they plead a case. Shaping a personal injury case for a person maimed by a defective product is different than for a pedestrian hit by a reckless driver. This is because manufacturers may be liable for damages even if they are not negligent under strict liability laws. It is important to note that there are filing deadlines to move the case to trial, including abiding by the Statute of Limitations which, under Ohio Revised Code section 2305.10, is two years to file the initial case in civil court.
A Marietta personal injury attorney can help injured parties prepare for trial and present the case before a jury, asking for the most compensation permitted under Ohio law.
Personal injuries happen every day in Ohio and across America. We believe those who cause harm should compensate the people they have affected. This can be accomplished through litigation, but insurance companies are often unwilling to pay what an injury is worth to the injured party.
If another party’s negligence caused your accident and related injuries, it is important to know that you do have legal options. A Marietta personal injury attorney is here to guide you from start to finish of your legal journey and will fight tirelessly for an award amount that covers all of your losses. Call to speak with our compassionate attorneys today.
Jan Dils, Attorneys at Law