November 16, 2017
When a claim is filed with an insurance company for damages resulting from an accident, the first step is to determine who was at fault. The party that believed to be at fault is the party whose negligence caused the accident. But what happens if you and another party both shared in some liability in causing the accident? This is where contributory negligence comes into play in Ohio.
Ohio law is based on comparative negligence, which simply put, allows individuals to recover a portion of their loss for any personal injury or damage suffered in an accident where they are partially at fault.
Contributory negligence reduces your ability to recover for damages or loss based on how much your own negligence or wrongdoing contributed to the accident.
Contributory negligence can affect the amount of compensation you may receive from an insurance company, based on how much you were at fault in an accident. In simple situations, it is easy to see. If you were 25% at fault in an accident and the other party was 75% at fault, you may recover 75% of the damages you might normally receive. But in more complicated scenarios, it gets more difficult to see.
For instance, say an accident involved three drivers. Two of the drivers were each 30% at fault, and you were 40% at fault. You may still recover because your negligence was not greater than the combined negligence of all other parties involved.
If you've been injured in an automobile accident, it is highly recommended that you consult an experienced Ohio personal injury attorney to ensure your rights are protected and that you are adequately and fairly compensated for your injuries.
Attorney Jacobs believes that everyone deserves a lawyer and always strives to achieve the best available legal outcomes for his clients. Attorney Jacobs cannot make promises as to what legal outcome he will be able to achieve for his clients; however, Attorney Jacobs can promise you that the care and concern he will show for you and your legal needs will be second to none. If you sustained a personal injury, the law firm of Daniel L. Jacobs Jr. LLC and Attorney Jacobs are here to assist you.
If you have any questions about financial compensation for an injury sustained in an accident or during a medical procedure, schedule a free consultation with one of our attorneys.
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