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When it comes to personal injury matters, every case is different. However, one common claim that injured individuals assert for their basis of recovery is a claim of negligence. Negligence, by definition, is a failure to exercise the level of care toward others which a reasonable or prudent person would do in the same or similar circumstances. Those who think of negligence most often think of car accidents, motorcycle accidents, or some other form of motor vehicle collision. However, negligence can occur from many different scenarios.
If you have been injured at the fault of someone else, you may have a right to pursue a legal recovery against that person or company, or their insurance company. At Brian G. Miller Co., L.P.A., our Columbus attorneys litigate negligence claims on behalf of injured individuals and families.
To establish that an individual or company was negligent, Ohio personal injury law requires you or your attorney to establish the below elements:
Establishing that an individual was negligent by his or her actions or omissions can be challenging. An experienced Columbus personal injury attorney can assist you in navigating those issues and can ensure that you are avoiding common pitfalls associated with pursuing negligence claims.
When it comes to personal injury, numerous accidents may lead to an individual brining a negligence claim. In addition to general negligence, our firm also handles the following negligence claims:
If you have been involved in the any of the above accidents, or have questions about pursuing a general negligence claim, please feel free to contact our Columbus negligence attorneys.
When it comes to defending against negligence claims, insurance companies and defense attorneys often assert the affirmative defense of contributory negligence. Contributory negligence is based upon Ohio law, which states that an individual is permitted to make a recovery against an individual or entity so long as “the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from who the plaintiff seeks recovery.” In effect, this means that if the injured individual contributed to his or her own injuries and is more than 50% at fault, he or she will not be permitted to make a legal recovery.
Further, the statute states, in part, “the court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff.” Therefore, if the injured individual is found to have contributed to his or her injuries, but is less than 50% at fault, the court shall reduce the settlement or recovery by the percentage of fault he or she is found to have contributed to the injuries. For example, if an injured individual is awarded $100,000.00 by a jury but is also found to have been 10% at-fault, the verdict will be reduced by 10% making it $90,000.00.
In many different instances where the injured individual is argued to have been at-fault, determining the percentage of fault can be difficult. Often, it is the role of a jury to determine how much fault should be proportioned to each party of the case. However, in a practical sense, if there is a basis for an argument that the injured individual has contributed to his or her injuries, it likely will affect the value and outcome of the case. Hiring a top Columbus personal injury attorney will help you overcome this defense. At Brian G. Miller Co., L.P.A., our attorneys can assist you in your claims.
Often, proving negligence can be difficult and challenging. Having a top-rated Columbus personal injury attorney likely will help. Our firm is committed to providing each client with the time and attention his or her case needs and deserves. Whether the matter involves strong investigation, proper research, and/or skilled litigation, we position clients for success.
If you are in need of a trusted, respected, and experienced general negligence attorney serving the Columbus, Ohio area, contact us at (614) 221-4035.