You may be surprised to learn just how many accident survivors fail to get the compensation they would have otherwise been entitled to. But we aren’t talking about injury victims who get the legal help they need and fight for restitution. The accident survivors who end up with lost opportunities are often those who don’t move forward with a claim because they share fault.
Sharing fault for an accident in Ohio does not prevent you from being awarded compensation for your suffering. Read on to learn more about what shared fault is and how it works in the state of Ohio.
What Is Shared Fault?
When you have been accused of sharing fault for an accident, the other involved party is claiming that your actions have contributed to the cause of the accident in some way. However, under Ohio law, even if you are partially responsible for causing your injuries, you can still be awarded compensation for your losses. This is known as comparative fault.
In states that practice contributory fault, injury victims who share fault are not entitled to compensation, no matter how minimal their portion of fault may be. Ohio operates under a modified comparative fault system, allowing an injury victim to share up to fifty percent of the fault for an accident. If you are more than fifty percent responsible for the accident, you will not be able to recover compensation.
It should also be noted that if you do share fault for an accident, this portion of fault will also be deducted from your injury settlement. Check out the example below to learn more about how modified comparative fault could impact your personal injury claim.
How Comparative Fault Works in Ohio
Ohio has a modified comparative fault system, so if you are more than fifty percent liable for an accident, you can’t be awarded compensation. Those who are forty-nine percent or less liable can pursue a claim. Let’s take a closer look at a fictional example of modified comparative negligence in action:
Kim was driving down Main Street when she was suddenly struck by a speeding driver. Throughout the course of the investigation, the court discovers that Kim was not wearing her seatbelt at the time of the accident. The judge therefore finds her to be twenty percent liable for her injuries. When the jury awards her $250,000, her injury settlement is reduced by twenty percent, and her case is resolved at a final injury settlement of $200,000.
If you share fault for your accident, you can reach out to a Columbus personal injury lawyer to learn more about how much your case could be affected.
Get Help from a Columbus Personal Injury Lawyer
If you have additional questions about how comparative negligence could have an impact on your Ohio lawsuit, schedule a free claim review with a respected Columbus personal injury lawyer at Rafidi, Pallante & Melewski LLC. You can fill out our quick contact form or give our office a call at 1-866-494-5387 when you are ready to move forward with your claim.