Personal injury law covers a varied set of circumstances. Whether you’ve been in a car accident that is not your fault, or have been exposed to toxic fumes in an apartment you rent, or have been prescribed on a medication with harmful side effects that are not adequately explained, these are all in the realm of personal injury. If you’ve slipped and fallen while out in public, due to an unsafe surface area, this is also personal injury.
Personal injury lawyers most often prove negligence to make their cases. That is, they prove that an individual or a company has been negligent, and that they have neglected to do what they needed to do to make a location or product safe.
When your Cincinnati personal injury lawyer works to establish “negligence” in court, they rely on four key elements of a negligence claim. Here are those four elements.
Property destruction, lost income, physical injuries, and emotional injuries all add up to “damages.” As the plaintiff, you must prove that you suffered damages.
What caused your injury? Did you own inattention or carelessness cause your injury? If so, your case may not hold up. Your Personal injury lawyer will work to prove that the negligent party’s actions caused your accident.
Duty of Care
This is the duty of the business — or person — to its visitors or customers. A post office has a duty to its patrons, that the floors will not be slick or covered in slippery cleaning liquids. This is their duty of care. If the floor is too slippery to walk across, and your grandmother breaks her hip after sliding on the post office floor, then the post office has not honored its duty of care.
Breach of Duty
We understand that there is a duty of care involved, but did the post office breach or defy its duty? By not keeping the floor dry and walkable, is this a breach? The question of breach-or-not becomes more complicated when talking about an individual. Did a driver breach her duty of care by running a yellow light that was nearly red?
Cincinnati Personal Injury Lawyers Who Work For You
If you are in need of an attorney to assist you with an injury, contact Clements, Taylor, Butkovich & Cohen, L.P.A., Co. today.