Personal Injury Claims Case Study

Improved Essays
Personal Injury Claims: How to Fight Back

Liability in a personal injury claim isn’t always cut and dry. In some cases, those who feel victimized can find themselves on the receiving end of a costly lawsuit. Defending a personal injury case is a complicated and serious matter; one which demands the skill and attention of an experienced personal injury attorney. Serving Cincinnati residents for over 20 years, O’Connor, Mikita & Davidson have you covered for the guidance and representation you need to fight back.

How to Defend a Personal Injury Claim

Negligence is the basis for the vast majority of personal injury lawsuits. Most defenses in negligence claims hinge on elements of the claim itself. As such, the defense may show one of the following:

• You did not owe duty of care.
…show more content…
• Injury did not occur, or if it did, it was not due to a breach of duty.

The defense may also assert that the plaintiff assumed the risk of their behavior, and thus is responsible for the injuries sustained.

Who is Really at Fault?

Defendants should also consider whether the plaintiff or third party could have possibly contributed to the damage or incident. Even if the dependent is partially to blame, it is important to identify other parties who may be at fault to ensure that liability is properly distributed.

The best defense against a personal injury claim is a knowledgeable personal injury attorney. Whether you find yourself a defendant in a workers compensation case or back yard slip and fall suit, you can depend on O’Connor, Mikita & Davidson LLC for the representation you deserve. Schedule your free initial consultation at one of their four Cincinnati offices by calling (513) 655-2068 or visit them online to learn more about their law firm and practice

Related Documents

  • Decent Essays

    Claimant's Case Summary

    • 231 Words
    • 1 Pages

    According to Witnesses, Office Manager, Elizabeth Duarte and Payroll Clerk, Liz Sanchez the Claimant was identified as General Labor Worker, where she was assigned to work at Sundate LLC, (Date Farm), when she first started working there on 3/16/16 up until her last day of work on 5/2/2016. On DOL: 4/20/2016, both Duarte and Sanchez were notified by the Claimant’s Supervisor/Witness Guadalupe Zazueta of the claimant's alleged injuries after the claimant slipped and fell on a single pair of stairs that led out from the Warehouse during her lunch break. Ms. Zazueta said the claimant complained of pain to her bilateral wrists, elbows and her left knee and ankle.…

    • 231 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    MEMORANDUM IN SUPPORT OF ANTHONY BELL’S CLAIM FOR WORKERS COMPENSATION. Anthony Bell, by and through his undersigned attorney, respectfully submits the following memorandum of law: ISSUES PRESENTED Can an employee receive workers’ compensation for an injury sustained at a mandated, social, work event when he attended an annual picnic organized by his employer, and got injured while participating in a game of football during the picnic? Can an employee receive Workers Compensation for a recurring injury when he was injured in the same place as before but this time the injury was aggravated during the course and scope of his employment? INTRODUCTION Plaintiff, Anthony Bell was denied workers’ compensation by his employer, Safe Place Children’s Home, the defendant. He now requests that the Deputy Commissioner of the North Carolina Industrial Commission award him Workers’ Compensation for the injury to his right rotator cuff sustained at the mandatory annual picnic held by his employer because although it was a recurring injury, it was one that was aggravated by an accidental injury that arose out of and in the scope…

    • 2080 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    But for the defendant’s negligent act, plaintiff would not have been…

    • 849 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    As a founding partner of the personal injury attorney firm Foley & Small in Rochester, IN, Attorney Edmond W. Foley continues his mission of fighting for the legal rights of people who suffer harm when individuals or companies commit wrongful acts. For more than 30 years, Attorney Foley has provided his clients impassioned and effective legal representation. His experiences cover single-injury cases to mass tort litigation against major corporations. Born in Missouri, Attorney Foley earned his accounting degree and his law degree at the University of Notre Dame. He graduated from the law school cum laude in 1979, and is a certified public accountant.…

    • 331 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    First, the defendant must prove that the event would not normally have occurred in the absence of negligence. Second, the defendant must have had exclusive control over the instrumentality that caused the injury. Finally, the plaintiff must be able to prove that they did not contribute to the injury (Pozgar & Santucci, 2015, p. 156, para. 12). In this case, the plaintiff, Harder needed to provide provisional evidence to prove that it was the defendant’s negligence that resulted in Kayser’s injury of gangrene and leg amputation.…

    • 462 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Summary

    • 446 Words
    • 2 Pages

    Under California law, the first aspect that must be established in a negligence case is the existence of duty. The existence of duty depends on “foreseeability of risk.” If there is a foreseeable risk, then it becomes the duty of an individual to adhere to solving it. If the individual fails to resolve the issue, and someone is harmed, that individual could then held liable for the incident. (6 Witkin, Summary of Cal.…

    • 446 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    A professional attorney can help you with auto accident personal injury settlements by ensuring the victim's claim. The victim's rights are protected through proper negotiations. The first step of an auto accident settlement is to file the claim with the insurance company, which should be done soon after the accident. A claim adjuster then verifies the facts in order to determine the liability and the incurred amount of damages. The verification provides you the amount of the personal injury which can be claimed.…

    • 352 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    A: A Duty of Care Is Owed To the Plaintiff 1. Foreseeable Plaintiff Test(Reasonable Foreseeability Test) As an expert, the cardiologist owed a duty of care to the patient and must live up to the standard of competence as one would expect from a member of their profession. The cardiologist was not in the right state of mind as he was having a bad day and was sleepy, therefore, the injury of the plaintiff was reasonably foreseeable. There was a proximity between the parties due to the fact that the defendant should have been aware that his actions of doing the operation in that state posed a risk of danger to his patient.…

    • 649 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Negligence Case Study

    • 745 Words
    • 3 Pages

    Question 1 Area of the Tort law: Negligence Liability Material Facts: Benji v Parramatta Storms Rugby League Club, Jack and Bronco (Personal Injury- Head)/ Negligence act. Benji (Plaintiff), a first grade league player of Western Tigers Rugby League Football Club was severely injured following a spear tackle by Parramatta Storms Rugby League Club’s (first defendant) players Jack and Bronco (second and third defendants). Benji was therefore forced into career retirement at his peak due to negligent acts of the defendant. Subsequently, National Rugby League charged the second and third defendant with having made a dangerous throw, to which they pleaded guilty. Issues: The most pertinent issue at hand is the fact that whether the defendants…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Personal Injury Attorneys

    • 503 Words
    • 3 Pages

    Personal Injury Attorneys Discuss Defense Attempts to Reduce Settlement Value When you claim for compensation both the insurance agent and the defense lawyer will try and find loopholes in your case to reduce the amount of compensation that needs to be paid. By having a personal injury attorney he or she will identify the weaknesses of your case before it is submitted. How Insurance Adjusters View Injury Claims Right from the beginning once you submit a claim you will be working with an insurance agent and if you have a personal injury lawyer he…

    • 503 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    The New South Wales Court of Appeal decision in Minister Administering the Environmental and Planning Assessment Act 1979 v San Sebastian [1983] 2 NSWLR 268 portrays significant development in law regarding the negligence liability of public authorities in Australia. The case concerns the liability for economic losses experienced by numerous investors following the abandonment of a plan for the redevelopment of the Woolloomooloo in Sydney in 1972. Four of five judges of this case were in concurrence that no duty of care was owed in respect of either the preparation of the study or the continued adherence of the Study. Glass JA, one of the primary Justices claimed that “ …the foreseeability inquiry at the duty, breach and remoteness stages raises different issues which…

    • 1032 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Negligence tort occurs when one fails to demonstrate the kind of care a prudent and reasonable person would take under the identical circumstances and injury was birthed from the act or the absence of it. In order to justify that the defendant was negligent and therefore liable for one’s injuries, all 5 elements of tort ought to be satisfied. The 5 elements are: Duty, Breach of Duty, Cause in Fact, Proximate Cause and damages Jane v Luke Since Jane has suffered injuries, she in immediately classified under a primary victim. The first element is duty, whether it was owed to the plaintiff. The law acknowledges the relationship between the defendant and plaintiff, and the existing relation in turn may justify that the defendant is obliged to…

    • 1959 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    Personal Injury Lawsuits

    • 843 Words
    • 4 Pages

    See Who's Out There First, do some online research on the lawyers who are in the city where the injury took place. Other than location, look for lawyers who have a specialized field of practice that most closely resembles your personal injury case. In this case, you'll look for personal injury…

    • 843 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Personal Injury Attorney

    • 473 Words
    • 2 Pages

    The more common sub specialties include Workmen's Compensation, motorcycle accidents, work-related accidents and slip and fall cases. If you happen to suffer from one of these then seeking out a specialist could be very beneficial to your claim. An attorney who specializes in the type of injury that you have suffered from may have the most experience and knowledge as to what form of compensation you may be eligible for as well as many of the routine obstacles that are often presented by insurance companies during settlement and/or trial. As an example a lot of more generalized lawyers may not realize that in certain types of personal injury cases, the plaintiff may be eligible for ongoing disability payments for life. For hundreds of people, this could mean the difference between thousands of dollars in millions of dollars in security and compensation for lost wages, perhaps over a lifetime of employment.…

    • 473 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Essay On Tort Law

    • 706 Words
    • 3 Pages

    Negligence is conduct by an individual that drops below a reasonable standard of care and causes harm to another person. An individual has a duty to act reasonably when interacting with others. When that individual fails to act reasonably and thereby causes harm to others. When that individual fails to act reasonably and thereby causes harm to others, that individual is…

    • 706 Words
    • 3 Pages
    Improved Essays