Every day in Ohio, people are seriously injured by the negligent conduct of others. If you have been in an accident in Ohio due to someone else’s negligence and resulted in you sustaining injuries, you have a right to pursue compensation for your damages. Although “compensation for your injuries” is an idea vilified by the insurance lobby, what it means is seeking payment under an insurance policy.
Ohio law provides that when you are injured due to the negligent actions of another party, that negligent party is responsible for, among other charges, your medical expenses and lost income. That’s why speaking with an experienced and knowledgeable Ohio personal injury attorney will be helpful if you’ve been injured.
According to the CDC, it is estimated that on average 24.8 million people visit a physician’s office each year with unintentional injuries in America. Additionally, it is believed that there are approximately 97.9 million people who visit an emergency room in America each year due to accidental injuries.
Not all ‘accidents’ are one-sided, though. Sometimes multiple people may be at fault – including the injured party. In these situations, comparative fault laws apply, and they dictate how much damages a person can recover. The legal team at The Henry Law Firm is here to help you understand Ohio’s comparative fault laws.
If you want to understand the negligence laws that Ohio adheres to, you need to know what fault means in a personal injury claim. In legal terms, fault implies that someone is legally responsible for causing you harm. Usually, the person who harms you does so because of a negligent act (or omission). “Negligence” is simply the failure to act as a reasonable person would.
If someone is found to be at fault for the injuries that you sustained in an accident, they are legally responsible for compensating the damage their negligent actions caused.
The law recognizes that an at-fault party may not be one hundred percent to blame. For example, you could fall in hazardous conditions because you were not paying attention. Or you could get involved in a car crash where both you and another motorist were not obeying the traffic laws. In these situations, the law will allocate fault according to percentages, meaning the property owner may be 75% responsible, and you might be 25% responsible for your fall. Depending on which American state you live in, the allocation of fault will affect your recovery. The two main legal doctrines applied by the state are:
In Ohio, modified comparative fault applies to all personal injury claims, including slips and falls, medical malpractice, and pedestrian accidents. However, this law also applies to car accidents, dog bites, and wrongful death lawsuits in some instances.
As a personal injury law firm, our job is to prove the other party’s negligence at trial.
Your lawyer will determine fault based on several factors, but you must remember that in addition to the various forms of evidence needed to prove fault, you also need to establish the four elements of negligence. A few factors considered when determining fault include:
Based on all this (and other) evidence, an insurance company will determine whether it will accept that its insured is legally responsible for your injuries – or deny it. If an insurance company denies fault, your only option is to prove fault through a lawsuit.
You and your attorney should know four elements to prove negligence. If you can prove each of these elements, you are more likely to achieve a favorable case outcome and the compensation you deserve.
The Henry Law Firm legal team has a detailed understanding of the modified comparative fault laws governing Ohio personal injury claims. Our thorough knowledge of this law will ensure your case is handled justly and that you receive fair compensation.
We have helped many of our Ohio clients obtain the justice they deserve during their personal injury lawsuits. Should you like to attend a free, no-obligation consultation to discuss your personal injury claim, you can contact us today.
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