When an individual suffers an injury due to the negligence of another party, they may seek damages through a personal injury lawsuit. However, in many cases, the injured party may have also contributed to the accident or incident that caused their injuries. Ohio operates under a system known as comparative fault, which allows for damages to be awarded based on the degree of fault assigned to each party involved in the incident.
Table of Contents
Understanding Comparative Fault in Ohio
Comparative fault is a legal term that refers to the apportionment of fault in a personal injury case. In Ohio, this system is known as comparative negligence, which is used to determine each party’s degree of responsibility and award damages accordingly. Comparative negligence applies the principle of proportional fault in determining compensation for personal injury cases in the state.
Under Ohio’s comparative negligence system, a plaintiff’s recovery and damages to be awarded can be reduced if it is determined that they were partially at fault for the accident or incident that led to their injuries. However, Ohio law allows for a plaintiff to recover damages as long as they are not found to be more than 50% at fault for the incident.
How Comparative Negligence Works In Ohio
When a personal injury lawsuit is filed in Ohio, all parties involved in the incident will be evaluated to determine their level of fault. If there is more than one party at fault for the injury, the damages will be distributed to each party based on their percentage of fault as determined by the court.
For example, a case involving a car accident where the plaintiff was deemed to be 30% at fault and the defendant was found to be 70% at fault. The plaintiff awarded $100,000 in damages, but because they were 30% at fault, they will receive $70,000 instead of the full $100,000.
In Ohio, if the plaintiff is found to be more than 50% responsible for the incident, they will not be eligible for damages.
Limitations of Comparative Negligence
Ohio’s comparative negligence system applies only to personal injury cases, which include incidents such as car accidents, medical malpractice, and slips and falls on another party’s property. The system does not apply to intentional torts, as in cases where an individual purposefully causes harm to another person.
Ohio also follows a modified comparative negligence rule. Under this rule, if a plaintiff is found to be 50% or less at fault, they may still receive damages. However, if the plaintiff is found to be more than 50% at fault, they are barred from receiving any damages.
The Importance of Working with Experienced Personal Injury Attorneys
Proving fault and determining what percentage of responsibility each party holds can be a complex process. That’s where an experienced personal injury attorney comes in. They can help you build your case by collecting evidence, interviewing witnesses, and presenting your case to the court.
An attorney can also help you navigate the steps needed to protect your interests, from filing the case to pursuing a settlement or going to court. Additionally, a knowledgeable attorney can help you understand the potential damages available to you.
Conclusion
Ohio’s comparative negligence rule has a significant impact on personal injury cases in the state. While recovering damages may be reduced based on the percentage of fault assigned, the system is designed to ensure that parties are held accountable for their actions.
If you’ve suffered a personal injury due to the negligence of another party, it is essential to work with an experienced attorney who can help protect your rights and ensure that you receive the compensation that you deserve.