Liability in a personal injury incident isn’t always cut and dry, and you could be on the receiving end of a lawsuit you think is unjustified. Defending yourself against a personal injury case is a serious matter that demands the skills and attention of an experienced attorney. O’Connor, Mikita & Davidson, a law firm that has been serving Cincinnati, OH, residents for over 20 years, will provide the guidance and representation you need to fight back.

Building a Defense in a Personal Injury Case

Negligence is the basis of the vast majority of personal injury lawsuits, and most defenses in such cases hinge on elements of the personal injury claim itself. The defense might present a variety of arguments in response, such as the defendant did not owe the claimant a duty of care or there was no failure to provide proper care. An attorney even might say the lawsuit is invalid because no injury occurred. The defense also could assert the plaintiff assumed the risk of their behavior by knowingly entering into a dangerous situation and thus is responsible for the injuries they sustained. 

Determining Fault

Defendants should consider whether the plaintiff or a third party could have contributed to the damage or incident. Even when a dependent is partially to blame for an accident that caused a personal injury, it is important to identify other parties who could share responsibility to ensure liability for damages is distributed fairly.

The best defense against a personal injury claim is a knowledgeable attorney. Whether you’re a defendant in a workers’ compensation case or backyard slip-and-fall lawsuit, you can depend on O’Connor, Mikita & Davidson for the representation you need. To schedule a free consultation at one of their four Cincinnati-area offices, call (513) 655-2068. Visit them online to learn more about their law firm and its practice areas, including criminal law and family law.