Modified comparative negligence is a legal doctrine used in Ohio to determine the extent of each party’s liability in a personal injury case where multiple parties may be at fault. It’s crucial to understand how damages are awarded in lawsuits where the plaintiff may have had some role in causing their own injuries.
Unlike pure comparative negligence, which allows a plaintiff to recover damages even if they are 99% at fault, modified comparative negligence sets a threshold for recovery.
Threshold limit for recovery
Ohio’s modified comparative negligence rule stipulates that a plaintiff can recover damages only if found to be less than 50% responsible for the accident or injury. Once the plaintiff’s percentage of fault is determined, their total compensation is reduced by that percentage. For example, if a plaintiff is awarded $100,000 in damages but is found to be 20% at fault for their injuries, they would receive 80% of the award, or $80,000.
Exceptions and considerations
It’s important to note that some instances, such as intentional harm or strict liability, may not adhere to the modified comparative negligence rule. The interpretation of what constitutes negligence and how fault percentages are calculated can vary significantly from case to case.
Legal and practical significance
Understanding the principle of modified comparative negligence is essential for anyone involved in a personal injury dispute in Ohio. Insurance companies, aware of the implications of Ohio’s negligence rule, may adjust their settlement offers based on their assessment of the plaintiff’s potential fault.
Plaintiffs and defendants must consider the law when evaluating the strength of their case, the likelihood of success in court, and the wisdom of settling a claim out of court. Injured parties can benefit from seeking legal assistance to help them determine how to take legal action to secure the most beneficial outcome possible under the circumstances. Schedule an appointment to speak with one of our experienced attorneys to assist you in taking the necessary steps to ensure that you recover all of the damages you are entitled to.
