In Ohio, plaintiffs in personal injury cases may recover compensation even if they share fault, but their settlement amount will decrease as the percentage of fault increases. Understanding Ohio comparative negligence laws and the 51% bar rule could help you determine how shared fault might impact your case.
For help proving fault in a personal injury case, call Young, Reverman & Bolotin at 513-400-0000 to schedule a free consultation with a Cincinnati personal injury attorney. We can help you build a case and help you seek total compensation from liable parties.
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What Is Ohio’s Comparative Negligence Rule, and How Does It Work?
According to the Ohio State Highway Patrol, one recent year saw a total of 270,370 Ohio car accidents, thousands of which resulted in injuries and other damages because of a driver’s or another party’s negligence. Depending on the circumstances and the percentage of fault, victims may be able to seek compensation from liable parties.
Ohio comparative negligence laws work under a modified comparative negligence system, which enables plaintiffs to recover damages even if they were partially at fault for an accident. As long as plaintiffs are 50% or less at fault, they may be able to recover compensation from defendants.
For example, damages in a multi-car accident involving two drivers may go to a plaintiff who is 40% at fault for the accident, suing the other driver who is 60% at fault. This rule is different from pure comparative negligence, which allows plaintiffs to recover compensation regardless of their percentage of fault.
How Shared Fault Reduces Your Personal Injury Compensation in Ohio
While you can still seek compensation in an Ohio personal injury case if you are partially at fault for an accident, the percentage of compensation will decrease with the increase in fault.
For instance, in the above example, the 40% at-fault plaintiff would be able to recover various damages, but that percentage of fault would cut off a portion of compensation. In this case, if the plaintiff experienced $100,000 in damages, that shared fault would decrease the settlement amount by 40%, resulting in a total compensable amount of $40,000.
What Happens if You’re More Than 50% at Fault in an Ohio Accident?
If you are 51% or more liable for a car accident in this state, you will be unable to pursue a personal injury case and recover compensation from other parties.
In these instances, individuals may need to use their own insurance companies to cover the other party’s damages, depending on the nature of the accident and the individual’s insurance policy.
However, if an insurer has wrongfully deemed you to be 51% or more at fault, and you want to dispute that percentage, you may be able to take your case to court with the help of a personal injury lawyer to determine and prove fault.
How to Prove Fault in a Personal Injury Case
To seek compensation for damages from a liable party, you must prove that another party was at fault for the accident. Proving fault will entail proving four main items: That the other party owed a duty of care, that the party breached that duty of care, that this breach led to an accident, and that the accident resulted in quantifiable damages to the plaintiff.
In many cases, particularly those involving multiple liable parties and various complexities, it can be challenging to prove fault, making it crucial to hire an experienced personal injury attorney to hold liable parties accountable.
Types of Recoverable Damages in Ohio Personal Injury Cases
There are several types of damages that victims of car accidents and other incidents can recover from liable parties, including:
Economic Damages
The first type of damage to consider is economic, or monetary, which could include a combination of expenses related to the accident and subsequent injuries, such as:
- Medical expenses
- Lost income
- Lost earning capacity
- Physical rehabilitation
- Modifications made to homes or vehicles to accommodate a disability
- Repairs or replacements for damaged property
Non-Economic Damages
Victims may also recover certain non-economic or non-monetary damages, including pain and suffering, trauma, mental anguish, loss of companionship or consortium, and disfigurement.
Punitive Damages
If a case goes to court and involves a judge and jury, victims may also receive punitive damages with the intention of punishing defendants for egregious behavior, such as gross negligence or malicious intentional acts.
What to Do After an Accident to Help Prove Fault
Following an accident, take key steps to increase your chances of successfully recovering compensation.
One of the most important things to do after an accident is to avoid admitting fault. Even a simple apology could indicate to insurers and other parties that you were liable for the accident, even if you weren’t.
Seek medical attention as soon as possible to gather medical records and begin receiving treatment. Additionally, if an accident resulted in injuries or significant property damage exceeding $1,000, you must report the accident to law enforcement, who can help determine fault and draft a police report that might corroborate your claims.
Before beginning a case, be sure to consult a personal injury attorney who can help you prove fault, collect evidence, calculate damages, and seek total compensation from the liable parties involved.
To speak with a personal injury attorney in Cincinnati, call Young, Reverman & Bolotin. Contact us today to schedule your free consultation.
FAQs
1. Can I still recover damages if I was partially at fault for my accident in Ohio?
You can still recover compensation in an accident in Ohio if you were at fault, provided you only share 50% or less of the total fault with other parties involved.
2. How do insurance companies calculate fault in Ohio injury claims?
When calculating settlements, insurance companies will determine the total fault of the parties involved by conducting an investigation into the accident. In doing so, insurers will review all relevant evidence, including medical records, police reports, witness statements, and other documentation to come up with a percentage of fault.
3. What is the 51% bar rule in Ohio personal injury cases?
The 51% bar rule is a principle of modified comparative fault in Ohio. It gives plaintiffs in personal injury cases the ability to seek compensation from defendants if they share 50% or less of the fault for an accident.
