In Ohio, your degree of fault matters when you file a personal injury claim seeking damages for the harm or loss suffered. If you had a part to play in the events leading to the injury, it could affect the compensation you can recover.
Picture a car crash for which you were partially responsible. In such an instance, your contribution to the accident will determine the compensation you can recover with your claim. Here is what you need to know.
Ohio’s comparative negligence rule explained
In some states, you cannot recover compensation if you had anything to do with the accident. However, the negligence laws in Ohio are a bit more lenient.
Under the state’s modified comparative negligence rule, you can be compensated for your damages as long as your level of fault does not exceed the other party’s. The law bars you from recovering compensation if you were more than 50% to blame for the crash.
It is also worth noting that your level of contribution will diminish the recoverable compensation. For instance, you can only get 60% of the damages awarded if you were 40% responsible for the accident.
How is fault established?
There are no hard rules when ascertaining each party’s contribution to an accident. It all depends on the prevailing circumstances. Police reports, eyewitness testimony, surveillance footage and statements from the drivers involved can all help provide crucial pointers. Accident reconstruction experts may also assist in establishing fault.
Protect your interests after a car crash
You do not want to bear more fault than necessary for your accident since it will reduce the compensation due to you. Therefore, you should have experienced legal representation after an accident, even when you think the other party is entirely to blame. You never know what will come of the insurer’s investigations into your claim, and you cannot afford to take any chances. Let our experienced attorneys help you recover your damages.