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Personal Injury

On Behalf of | May 5, 2021 | News

A “tort,” under the law, is a civil wrong that causes someone to suffer loss or harm resulting in legal liability for the person who commits the tortious act.  Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages.  Was the defendant liable (at-fault) for the damages you sustained, and, if so, what are the damages and the extent of your damages?  If you can prove liability and damages, the legal system will award you compensation for your loss.

There are different types of torts that a person can commit:

1) Intentional Torts

  • Assault & Battery
  • Wrongful Death
  • Intentional Infliction of Emotional Distress
  • Trespass to land and/or chattels
  • Conversion (theft)
  • Defamation of Character
  • Invasion of Privacy
  • Nuisance
  • Fraud and Misrepresentation

2)  Strict Liability

  • Dog Bites (Statute Only)
  • Product Liability (Certain Aspects)

3)  Negligence

  • Anytime a defendant owes you a duty of care, the defendant breaches that duty of care, and the defendant’s breach of duty proximately caused your injury or damages.

Automobile accidents, the area in which most personal injury actions arise, provide a good example of how the civil legal system works. You have a negligence claim in Ohio if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses.  Negligence reaches far beyond claims stemming from car accidents.  It is the basis for liability in most personal injury lawsuits, including medical malpractice, legal malpractice, negligent entrustment, negligent hiring and retention, etc.

“But, I didn’t have a valid license!”—is a common misconception people have.  Whether you have a valid license or not doesn’t change the fact that the other driver committed the error.  We have recovered Hundreds of Thousands of dollars for clients injured in automobile accidents that didn’t have drivers’ licenses at the time of the accident.

At Rodriguez & Porter, Ltd., we have handled almost all types of personal injury cases, including dog bites, automobile negligence, negligent entrustment, negligent hiring and retention, fraud and misrepresentation, conversion, intentional infliction of emotional distress, etc.  Most of the time when a client is injured in a personal injury case and receives medical treatment, they are bombarded with medical bills and collections notices—ambulance bill, ER hospital bill, ER physician bill, ER radiology bill, outpatient bill, etc.  If your medical insurance, workers compensation insurance, Medicaid, or Medicare pays some of your medical bills on your behalf, said entity usually has subrogation rights which gives the entity a legal right to be reimbursed for any monies they paid on your behalf for medical treatment.  At Rodriguez & Porter, Ltd., we take care of all of the nonsense so you can just work on rehabbing and feeling better and getting back to life as normal after your injury.

If you have been injured in an accident, please don’t hesitate to contact us to have an attorney evaluate your case to see if you should be entitled to financial compensation.