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What does it take to prove a personal injury claim?

On Behalf of | Apr 25, 2023 | Personal Injury |

Car accidents can seriously alter the course of your life. When another driver causes the collision, can you take action in court to recoup your out-of-pocket expenses?

A personal injury claim is a common civil case that involves financial recovery for your losses. However, it takes one essential element to have a chance of getting the process started; you have to prove the other driver was negligent.

What is negligence?

In car accident cases, the events that led to the collision are critical in determining fault, liability and whether negligence was a factor. The insurance company can find fault without claiming the other driver acted recklessly or negligently.

In Ohio personal injury cases, you need proof that the other driver’s negligent behavior caused the accident and that the other driver was more than half responsible for it. The most common way to do this is to prove that the driver was not driving lawfully. Some of the most common examples include:

  • Excessive speed
  • Distraction
  • Running traffic control devices
  • Driving under the influence

Whenever a driver behaves in a way that puts others in danger and causes a crash, you have the grounds for negligence and a personal injury claim.

What else do you need?

When you file a claim it is with the intent to recoup some of what you lost, and also what you may lose in the future, all as a result of the other driver’s negligence. You should ask the court to give you damages that reimburse you for any medical expenses, as well as lost wages. However, you can also ask the judge to consider giving you future lost earnings if you can no longer work in the same capacity.

If you are hesitant about pursuing a negligent driver in court, consider the disruption, stress and pain the accident caused you.