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What Defenses Are Available In Ohio Personal Injury Cases?

A good offense in fighting for injured people involves anticipating the defenses that will be raised by the person who caused the injury. What defenses are available in Ohio personal injury cases?


In most personal injury cases, there are four things the injured person must prove: (1) the defendant owed you a duty of care; (2) the defendant breached that duty; (3) the breach of the duty was the proximate cause of your injury; and (4) personal injury, property damage or both. The first defense is simply to show that the injured person failed to prove these things.  Careful attention to the details of the accident and how those details compare to the injuries make the difference in getting the recovery that you deserve.


The insurance companies have other tricks up their sleeves. They can allege comparative negligence.  Under Ohio law, if the injured person is found to be more than 50% negligent, then the injured person cannot recover any damages from the defendant.  If the injured person is found to be less than 50% at fault for the accident, the injured person’s recovery is reduced to the percentage of fault.  If the injured person was 0% at fault, the injured person would receive 100% of the potential damages.  The insurance defense attorney can allege assumption of risk.  Assumption of risk occurs when the injured person appreciates the danger but acts anyway.  For example, a running back assumes the risk of being tackled in a football game.  The owner of defective property that causes personal injury could allege that the condition causing the injury was open and obvious.  These are simply the most common defenses.  A skilled personal injury attorney anticipates these and the numerous other defenses that could be raised by the insurance company in their effort to limit the money damages the injured person deserves.


An experienced personal injury attorney can use the law of negligence to fight for the injured person’s rights. Attorney Gigiano is an experienced Medina personal injury attorney in Wadsworth.  His positive work is reflected in the client reviews for Daniel Gigiano, reviews in websites, and reflections of his work.  Call Attorney Gigiano at 330-336-3330 if you need the services of a Wooster personal injury attorney near Orrville or a Summit County personal injury attorney near Barberton, please call Attorney Daniel F. Gigiano at 330-336-3330.


To learn more, read my other related personal injury posts, where I wrote about negligent entrustment, slip and fall personal injury cases in Ohio, bifurcating personal injury trials in Ohio, Ohio traffic accident tips, Ohio personal injury tips,   Don’t forget to look at my personal injury page.