personal injury law
West Chester, Mason, and Cincinnati Ohio
Are you thinking about handling your own injury car accident claim? You may want to take a look at this presentation by insurance company lawyers. The adjuster presuit has the same mentality. This gives great insight into the tactics auto insurance companies use to defeat you.
As an Injury Lawyer for over 30 years I've seen the ball swing back and forth between the rights of personal injury victims and those that wrongfully cause them harm. However the ball has stuck in favor of wrongdoers for many years now in Ohio and in other states. Just today the Ohio State Supreme Court ruled in favor of so called Tort Reform with its decision in Havel v Villa ruling that if requested a judge must grant a separate trial of the compensatory damage issue and the punitive damage issue.
Assumption of risk is a defense to a claim of negligence. Depending on the State it can either be a complete defense or a partial defense. The defense is defined in Ohio as knowing and voluntary acceptance of a risk of injury that was a cause of your injury. In Ohio the defense is merged with contributory negligence and only defeats recovery if the conduct was 51% or more of the cause of the injury.
The negligence of one car driver may combine with another auto driver to cause a car accident injury that injures a third party and both car drivers may be the proximate cause of the car accident injury.