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Personal injury law is intentionally broad, making room for a wide variety of situations. While most claims are related to auto accidents or unsafe premises, you can actually file a personal injury claim any time someone else's negligence or malice results in actual damages. The most important factors when filing a claim is not necessarily what happened, but whether you can show that the other party's actions make them liable for your damages.

To demonstrate liability, you must be able to show that:

  • The Defendant Had a Duty of Care: Before you can prove negligence, you have to prove that the defendant had a duty to ensure your safety. For instance, shop owners have a duty to create a safe environment anywhere customers have a right to be, and every driver has a responsibility to follow the rules of the road.
  • The Defendant Neglected That Duty: In some cases, showing that an individual was negligent requires some investigation. Did they know about the conditions that caused the accident? Should they have been able to foresee that those conditions could result in an accident? Proving that the other party was negligent often means addressing questions such as these.
  • Personal InjuryYour Injuries Are Related to That Negligence: In most cases, the relationship between your injuries and the accident are obvious, but insurers sometimes argue that the injuries either the accident or occurred afterward. To prevent this, most personal injury attorneys recommend seeing a doctor immediately, even if your injuries don't seem very serious.

When you've been injured in an accident, collecting the compensation you deserve often depends on the lawyer you hire to represent you. O'Connor, Mikita & Davidson LLC is a Cincinnati law firm with over 20 years of experience and a reputation for helping victims throughout the area collect the compensation they deserve. Visit their website to read more about their personal injury services, or call (513) 793-5279 for a free consultation today.

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