In Ohio, fault in a car accident is assigned in percentages. If the at-fault driver proves your actions contributed to more than half of the accident’s cause, you cannot collect any compensation at all for your injuries.
If you are found liable for less than 50% of the accident’s cause, any compensation you receive via a settlement or court verdict will be reduced by your percentage of fault. When we represent you in your pursuit of a claim, our team takes time to explain the law regarding contributory negligence in Ohio, what you need to know, and how your potential damages will be affected.
Contributory Negligence
If multiple parties’ actions are responsible for a car accident, each person is assigned a percentage of the blame. According to Ohio Revised Code Section 2315.33, you can collect the entire range of recoverable damages you are due if you can prove the other driver was at fault.
When our personal injury firm represents you, we conduct an independent investigation to ensure fault percentages are correctly assigned. Your car accident report is an important key piece of evidence that will help us fight for your damages. It will contain information, including:
- Alcohol or drug involvement
- Tickets and violations
- Vehicle condition
- Road and weather conditions
- Points of impact
- Police-generated photos (in some cases)
- Police-generated video (in some cases)
- Insurance information
We also consider witness statements, when available, to strengthen your case and verify the at-fault driver’s actions. You should not have to experience financial loss because of another person’s negligence.
Our law firm is on your side. After an accident, we will get to work on your case. We work diligently to limit your contributory negligence or prove you did not cause or contribute to the accident at all, whenever possible. We also handle all written, verbal, and electronic communications for you.
Compensation Ohio’s Comparative Negligence Laws Can Affect
After a car accident, someone must pay for medical care, property damage, lost income, and other resulting expenses. As an injured party in a car accident, you expect the other driver’s insurance to compensate you. You can typically request the following recoverable damages:
- Medical bills
- Lost wages
- Property damage
- Property loss
- Physical disability
- Pain and suffering
- Mental anguish
- Emotional anxiety
Even though you may be due these damages, recovering them can be challenging —especially if the at-fault driver blames any part of the collision on you. Our legal team’s investigation of the matter will help determine if you should receive compensation without comparative negligence laws limiting your award.
You Can Request Compensation Right Away
In addition to ensuring Ohio’s comparative negligence laws do not limit your settlement, we also make sure to file your case by the filing deadline. This is important because if you miss your deadline, you may not be able to collect your damages. In Ohio personal injury cases:
- You generally have up to two years to file your lawsuit to comply with the state’s statute of limitations deadline, per the Ohio Revised Code Section 2305.10.
- You generally have up to two years to file a wrongful death lawsuit by the state’s statute of limitations deadline, per the Ohio Revised Code Section 2125.02.
Failing to comply with the statutory filing deadline can result in the loss of your rights. With sufficient notice from you, our car accident firm can help you avoid this potential threat to your financial recovery.
Client Reviews and Testimonials
When you want to see examples of how hard we fight for our clients, they tell you in their words on our client reviews page. You will read recommendations like these:
- Yang Lu: We have been in talks with several firms, and then we decided to go with Mr. Fitch… He went thru the paperwork, and then detailed us how he would like to pursue the case… We are very happy with the result… They are an elite team.
- Urmila Luitel: If you want an attorney to handle your personal injury cases, look no further… They go above and beyond to make sure that they achieve the best possible result for their clients… Highly recommended
Our team will help you assign accountability to the at-fault driver. You can also learn more about working with our team with a review of your case.
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Understanding contributory negligence in Ohio can help you understand how fault and compensation are determined and awarded.
Contact one of our attorneys at the Fitch Law Firm LLC by calling (614) 545-3930 today.