Have you been injured in an accident in Ohio? You may have an Ohio personal injury lawsuit. Personal injury lawsuits compensate individuals injured in accidents. Negligence is at the heart of personal injury cases. In Ohio, negligence is defined as a failure to exercise ordinary care so as to avoid injury to others.The degree of care required is that which a person of reasonable prudence would exercise under the same or similar circumstances.
Here are five of the most common types of personal injury cases.
Motor vehicle accidents can cause serious, sometimes life threatening injuries. To receive personal injury compensation you must prove that the other driver was negligent. In a motor vehicle case, the degree of care required will always depend on the place, circumstances, conditions, and surroundings. In order to prove negligence, you should have a thorough investigation conducted.
In addition to basic negligence, there are several Ohio statutes that impose liability on drivers. Violation of a statute regarding motor vehicles is generally negligence per se, but only to the extent that the statute was imposed in the interest of public safety and requires that a driver do or not do something. The aftermath of a motor vehicle accident can be stressful. If you were involved in a motor vehicle accident in Ohio, you need an Ohio personal injury attorney that can protect your rights and get you the compensation you deserve.
At Agee Clymer Mitchell & Portman we specialize in helping individuals recover damages for work related accidents. Many work related accidents are covered by workers compensation. However, if your accident was the result of intentional employer misconduct you may have a personal injury claim. The claim requires that the employer had knowledge that a dangerous condition would be substantially certain to cause injury. In this type of personal injury claim, the focus is not on how many prior accidents had occurred, but rather on the employer’s knowledge of the degree of risk involved.
Medical malpractice cases deal with complex issues that often require the use specialists to prove damages. An action for medical malpractice is a negligence action. Proof of malpractice requires two evidentiary steps: evidence as to the recognized standard of the medical community in the particular kind of case, and a showing that the physician in question negligently departed from this standard in his treatment of plaintiff. If you think you have a medical malpractice claim you need an experienced medical malpractice lawyer. At Agee Clymer Mitchell & Portman we have extensive experience in putting the complex pieces of medical case together.
The core of the product liability claim is a failure to perform a duty of care in the making or application of the product, such as an insect control treatment. It is important to hire a personal injury attorney in Ohio that understands how to fight for your personal injury case. Statutory liability structures in the 2005 Act were tilted to heavily favor the industrial and insurance companies that funded the drafting of the statute and which ensured its passage through the legislature, displacing prior case law and the earlier statutory provisions. Oh. Personal Injury § 13:2 (2014 ed.).
If you were bit by a dog and it caused medical damages, then you deserve compensation. A dog bite victim in Ohio can recover compensation under a special statute and the doctrines of negligence. Ohio has a special statute that requires dog owners to pay for all damages caused by their dogs. Ohio Revised Codes, § 955 (B) provides:
The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or harborer’s property.
Although this may seem complicated, basically, the law means you can recover for a dog bite unless you are doing something wrong or provoking the dog. An experienced dog bite lawyer can help get you the personal injury compensation you deserve for your case after a dog bite.
Hiring a Columbus, Ohio personal injury attorney can increase your chances of receiving a fair personal injury settlement. Agee Clymer Mitchell & Portman can help you determine whether you have a personal injury case. Agee Clymer Mitchell & Portman represents personal injury cases in Ohio, helping them hold the responsible parties accountable. Contact our personal injury attorneys now to set up a free consultation.