What Are Your Rights to Recovery Under Personal Injury Law?
When someone else causes your injury, you may have the right to recover compensation for damages. Various laws come into play and a Cincinnati personal injury lawyer can review your situation and advise about taking legal action.
Courts often decide personal injury cases based on negligence law. When someone else’s lack of care or wrongdoing injures you, the courts view their action or inaction as negligence. Ohio courts apply comparative negligence law when hearing personal injury cases. What this means is they compare any contributory fault you had in causing your own injury with the extent of the other party’s fault. If your fault is greater than 50 percent, you cannot recover damages. The other party or parties must be at least 50 percent or more at fault for causing your injury or you do not have the right to sue.
Establishing fault or negligence is one of the most important aspects of a personal injury case. Cincinnati injury attorneys thoroughly investigate accident scenes, interview witnesses and gather evidence to prove negligence. While most personal injury cases resolve through negotiated settlement, if necessary, attorneys must also be able to argue in court and convince a judge or jury of the other party’s percentage of fault.
The Law Firm of Weisser & Wolf has 70 years of combined experience in dealing with personal injury cases. Various Ohio statutes put limitations on the time allowed to bring a personal injury lawsuit, so it is best to consult a lawyer as soon as possible.