Accidents happen. Sometimes, plaintiffs are partially at fault for how things happened. Does that mean that recovering damages is completely out of the question?
Ohio is a comparative negligence state. That means that plaintiffs can still recover damages for accidents in which they were injured—but their award will be reduced.
The Law Offices of Tim Misny can help you determine whether you have a case for comparative negligence. Here’s what you need to know.
When would a plaintiff be partially at fault for an accident?
Plaintiffs can be at fault for an accident in a number of ways. For example, you may not have buckled your seatbelt, making your injuries worse, even though another driver was clearly at fault for the accident. Or you may have failed to look both ways, even though it was your turn to go through an intersection.
How does that affect my damages?
When you file a personal injury case in civil court, you’re asking for damages: monetary compensation for the harm you suffered. Damages could be awarded for your medical bills, lost wages while you couldn’t work and more.
If you’re partially at fault, you can still recover damages—they’re just reduced by how much you were at fault.
Imagine that you were partially responsible for a car wreck, even though the defendant ran a red light and hit you. The court may decide you’re 20 percent at fault for not wearing your seatbelt. That doesn’t mean that the defendant won’t pay at all. Instead, it means that any damages you receive will be reduced by the percentage of which you’ve been deemed at fault. You’ll receive 80 percent of whatever the jury awards.
Ohio’s comparative negligence statute allows plaintiffs to recover, as long as they were no more than 49 percent at fault.
It can be difficult to determine what percentage of fault you may be responsible for. That’s why it’s important to call the Law Offices of Tim Misny whenever you’re in an accident. Our team can help you determine whether you’re likely to recover damages from an accident, even when you’re at fault. If you have a good case, we’ll explain your legal options and aggressively pursue compensation on your behalf.
If you’ve been injured in a car accident where you were partially at fault, don’t assume that you have no options. Call us today for help.
Find out more about your Ohio car accident claim today
The Law Offices of Tim Misny can help with your car accident case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.