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Comparative negligence in Ohio

On Behalf of | Jul 19, 2021 | Personal Injury

When you are involved in an automobile accident, your whole world can turn upside down in an instant. Dealing with injuries, medical bills and recovery can quickly add up in costs if you are not compensated after being found not at fault for the accident itself. In the State of Ohio, victims of motor vehicle accidents can take advantage of the comparative negligence law, passed in 1980.

What is comparative negligence?

Prior to 1980, the State of Ohio required individuals to abide by “contributory negligence” when dealing with automobile accidents that resulted in personal injury. Contributory negligence typically means that any and all individuals involved in an accident may not qualify for compensation, even if their role was minor in the accident.

Comparative negligence, on the other hand, provides an opportunity for personal injury victims to obtain compensation and justice they deserve, based on the part they played in the initial accident.

How does comparative negligence work?

With comparative negligence laws in place, it is possible to recover the damages you are owed for the accident after subtracting the percentage of the accident you are deemed responsible for in a court of law. For instance, if you are only liable for 10% of an accident and the other driver is responsible for 90% of the accident’s occurrence, you can recover 90% of your damages as well as medical bills (if applicable).

With comparative negligence, however, it is important to note that those who are 50% or more responsible for an accident are not entitled to any further compensation or damages.

Working together with a legal firm that thoroughly understands comparative negligence is highly recommended if you have recently been involved in an auto accident. With the right legal team by your side, move forward with your case feeling confident and prepared.