When it comes to personal injury cases, one of the most important legal concepts to understand is comparative negligence. Comparative negligence refers to the legal principle that assigns a degree of fault to each party involved in an accident or injury. The State of Ohio has its own comparative negligence law that governs the way personal injury cases are handled and decided.
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Understanding Negligence
To better understand comparative negligence, it’s important to first understand what negligence means. Negligence is defined as the failure to use reasonable care, resulting in damage or injury to another person. In legal terms, negligence refers to a breach of duty or standard of care that causes harm to another person. Negligence is a key element in most personal injury cases.
Comparative Negligence in Ohio
Ohio follows a modified comparative negligence rule, which means that an injured party can only recover damages if they are found to be less than 50% at fault for the accident or injury. If the injured party is found to be 50% or more at fault, they are barred from recovering any damages at all.
How Comparative Negligence is Applied in Ohio
In Ohio, comparative negligence is used to determine the amount of damages that each party is responsible for in a personal injury case. For example, if a driver is speeding and runs a red light, causing an accident, they may be found to be 80% at fault for the accident. However, if the other driver was distracted by their phone and was therefore unable to avoid the accident, they may be found to be 20% at fault. In this scenario, the speeding driver would be responsible for 80% of the damages, and the distracted driver would be responsible for 20%.
Limitations on Damages in Ohio
In addition to the 50% bar rule for comparative negligence, there are also statutory limits on damages in Ohio. In cases involving non-economic damages, such as pain and suffering, there is a limit of $250,000 or three times the economic damages, whichever is greater. Economic damages refer to measurable financial losses, such as medical expenses, lost wages, and property damage.
How Comparative Negligence Affects Settlements
Comparative negligence can have a significant impact on the outcome of a personal injury case. If a plaintiff is found to be partially at fault for their own injuries, they may receive less compensation than they would have if they were found to be completely blameless. It is important for plaintiffs to work with experienced personal injury attorneys who can build a strong case and effectively argue that their injuries were caused solely by the defendant’s negligence.
Conclusion
The Ohio comparative negligence law is an important legal principle that is used to determine liability and damages in personal injury cases. By understanding how comparative negligence is applied in Ohio, injured parties can better understand their rights and options for seeking compensation. If you have been injured in an accident, it is important to speak with an experienced personal injury attorney who can help you navigate the legal process and fight for the compensation you deserve.