Negligence may be a key factor in an Ohio personal injury claim

After suffering personal injury in an accident, Ohio residents who are thinking about the next steps should understand the concept of negligence. People are expected to exercise a certain level of care in their behaviors. Failure to do so can be the basis of a legal filing. For those who have been injured or lost a loved one in an accident, these can be important aspects of a potential legal claim.

With negligence, there are five elements that must be shown. They are duty, breach of duty, cause in fact, proximate cause, and damages. Duty is related to the way a person should have behaved, but did not. A driver stopping at a red light is a duty. Breach of duty is the person not exercising reasonable care for the situation. The driver failing to stop at the red light and crashing into a person crossing the street constitutes a breach of duty.

With cause in fact, the injury the person who was crossing the street suffered after being hit by the car is an example of something that would not have occurred had the driver not gone through the light. Proximate cause is if the person who caused the injuries could have predicted that behaving in the way he or she did would lead to the victim being hurt. In the traffic light example, the driver should reasonably have expected that running the light could injure someone.

Finally, damages are possible when the person was harmed due to the act. These are essential parts of a potential personal injury claim. With medical costs, lost income and other problems that result from personal injury, it is imperative to understand how negligence factors in. Discussing the case with experienced professionals can provide information on how to proceed.