Comparative negligence in Ohio personal injury law is a legal principle that determines how fault is allocated when multiple parties share responsibility for an accident.
Under Ohio’s comparative negligence rules, an injured party may still recover compensation for their damages even if they are partially at fault, as long as their share of responsibility does not exceed 50%.
This system ensures that fault is fairly distributed and that victims can seek justice even in complex cases involving shared liability. A Springfield personal injury lawyer can help if an insurance company attempts to shift more of the blame onto you. They can guide you through the legal process to pursue the compensation you deserve.
How Modified Comparative Negligence Works in Ohio Personal Injury Law
Ohio follows a modified comparative negligence system, which means that an injured party can recover compensation for their damages as long as their share of fault does not exceed 50%. However, under Ohio Revised Code § 2315.33, if a plaintiff is found partially responsible for an accident, their total damages are reduced by their percentage of fault.
For example, if a court determines that the total damages in a case are $100,000 and the plaintiff is 20% at fault, the plaintiff would only be eligible to recover $80,000 (the total damages minus 20%).
If the plaintiff is found to be more than 50% at fault, the court bars them from recovering any compensation.
Example of Modified Comparative Negligence in Action
Imagine you are involved in a car accident where a jury reaches the following conclusions:
- You were driving 10 miles over the speed limit, contributing to the accident.
- The other driver failed to stop at a red light, making them primarily responsible for the collision.
In this case, the jury could assign you a portion of the fault—30%, for example—such that the other driver bears 70%. If your total damages (including medical bills, lost wages, and pain and suffering) amount to $50,000, your compensation would be reduced by 30%, leaving you eligible to recover $35,000.
If, however, the jury found you to be 55% at fault, you would not be able to recover any compensation under Ohio’s modified comparative negligence law. A Springfield car accident lawyer can help if an insurer tries to shift more of the fault onto you in an unfair determination.
We Are Committed to Holding Negligent Parties Accountable and Putting Your Needs First.
A Personal Injury Lawyer Can Help When Comparative Negligence Comes Into Play
After an accident, insurance companies conduct investigations to determine who was at fault. Insurers often try to assign more fault to you than is fair in an effort to reduce their financial liability.
Their final determination of fault can significantly impact the compensation you are entitled to under Ohio’s modified comparative negligence laws.
Working with an experienced personal injury lawyer can help you challenge unfair fault determinations and ensure that you pursue the compensation you deserve.
Investigating the Negligence-Based Accident
A skilled lawyer will conduct a detailed investigation, gathering critical evidence such as police reports, witness statements, and accident scene photos.
They may also work with experts, like accident reconstruction specialists, to strengthen your case and challenge the insurer’s findings.
Disputing Fault Assignments
Insurers may misinterpret evidence or exaggerate your role in the accident. Your attorney can counter these tactics by presenting evidence that accurately reflects the circumstances, identifying errors in the insurer’s analysis, and using legal arguments to advocate for a fair attribution of fault.
Negotiating for Fair Compensation
A lawyer will ensure any settlement reflects the true extent of your damages, including medical expenses, lost wages, pain and suffering, and more.
They will advocate for a reduction in any unfair fault percentage assigned to you, maximizing your recovery.
Filing a Lawsuit
If the insurer refuses to negotiate fairly, your attorney can take your case to court. They can file a personal injury lawsuit within the statute of limitations. Per Ohio Revised Code § 2305.10, you generally have two years from the date of your injury-related incident to take legal action.
An experienced personal injury lawyer can handle the legal complexities and fight for the compensation you deserve while you focus on your recovery.
Consult a Lawyer Immediately to Start Working on Your Ohio Personal Injury Case
Consulting a lawyer immediately after an accident can help you protect your right to receive the compensation you deserve. You don’t have to wait until you have received a denial letter from an insurance company.
Early legal involvement helps preserve important evidence, ensures all deadlines are met, and prevents you from making mistakes—like admitting fault or accepting a low settlement offer—that could hurt your case.
Additionally, a lawyer can communicate with the insurance company on your behalf, protecting you from their tactics and ensuring your rights are upheld.
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. This arrangement allows accident victims to access legal representation without worrying about out-of-pocket costs during an already stressful time.
“Everything he did was over and beyond what we would expect an attorney to do. He made it so that we didn’t have any worries.”.
Client | Auto AccidentOur Attorneys Can Explain What Comparative Negligence Is and How We Can Help
Understanding what comparative negligence is in Ohio personal injury law can help you advocate for fair compensation, and you don’t have to do it alone. You deserve dedicated legal representation to help you negotiate with insurance companies and guide you through the legal process.
At The Stuckey Firm, LLC, our team of attorneys has over three decades of combined experience. We have provided personalized legal representation to thousands of clients.
We can assess your case and explain more about how our legal team can help you. Call us today for a free consultation.
Get answers and help on your way, starting today.