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Northwest OH Legal Blog

Thursday, July 31, 2014

Not All Injuries Need Medical Records to Prove the Claim

 A recent Ohio case provided a reminder that not all injuries require proof from a medical provider that injury was caused by the accident in question.  The First District Court of Appeals reiterated a long held doctrine that when the injury and subsequent physical disability involves questions which are matters of common knowledge, medical evidence is not necessary for a jury to decide the case.  The case in question involved a man who injured his eye when a piece of concrete hit him while using a jackhammer.   The Court said “You don’t need a doctor to tell you that a cut is likely to result if a piece of concrete, displaced by a jackhammer, flies up, breaks ones glasses and hits the eye.”  Even so medical evidence and testimony is always used, unless a mistake occurs, because what may be common knowledge to you might not be to the court hearing the case.  


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With offices in Toledo and Lima, OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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