What is the Ohio Negligence Law?
What if you are in a situation where you are a victim of an accident, despite not doing anything wrong? For example, you visit a hospital, as your family doctor believes you are suffering from a specific disease. However, the medical professional in this establishment doesn’t ask you to take a specific test, as he/she didn’t diagnose you properly.
As a result, you start to suffer from the symptoms of the disease, as you didn’t receive treatment. In this situation, the Ohio negligence law will come into effect, if you pursue the case.
Negligence Law Definition in Ohio
When you hear Ohio negligence law, the question on your mind is – what is this rule? The negligence law definition refers to the failure of an individual to prevent injury or harm to another person. The above example gives you a proper picture of the negligence law definition.
How to Pursue Negligence Law Ohio Case?
For the court to find an individual responsible for the accident under Ohio negligence law, there are four elements you need to show:
- There was a duty the defendant had to perform to reduce the chances of injury and harm. As per the negligence law definition, the doctor in the hospital has to take time to analyze your condition.
- The second step is to bring to the attention of the jury that the defendant breached the duty. From the negligence law definition, the doctor rushed your case.
- The third element of negligence law Ohio should show that the defendant’s action was the reason for your injury. As per the negligence law definition, failure to analyze your condition, made the disease worse, affecting your quality of life.
- The final element of negligence law Ohio is to show damages due to the actions of the defendant. As per the negligence laws by state, monetary compensation will help with the injuries. For example, due to the disease, you had to take a month off work, which affected your income.
Punishment for Negligence in Ohio
Punishment for negligence in Ohio follows the contributory version, instead of the comparative variant. As per the negligence laws by state, the court will determine the percentage of fault from both parties. Depending on this figure, you will receive appropriate compensation from the guilty. Due to the negligence laws by state, the amount will decrease, as per your percentage of fault for the accident.
However, if your actions play a greater role in the injury, then you won’t receive compensation as per punishment for negligence in Ohio.
As per the negligence laws by state, there are restrictions on how much you can get from the guilty party when it comes to medical malpractice. Under the non-economic damages, the amount of compensation cannot exceed three times your economic damages or $250,000.
The maximum amount can reach up to $1 million for every case if the medical malpractice causes catastrophic or permanent injuries. These are the caps which come under punishment for negligence in Ohio.
When it comes to Ohio negligence law, the rules and regulations can be tricky. If you are a victim of personal injury due to the action (or lack of) another individual, you have the right to file a claim.
However, you should never do so, without the guidance of an attorney as the laws can change at any moment. The lawyer will analyze the case so that he/she can understand the complete situation. Once the professional is aware of all the details, he/she will recommend the best course of action. Most of the lawyers won’t charge you for helping you with negligence law Ohio until you receive compensation.