Ohio is a Comparative Negligence state. This means that Ohio operates under a ‘shared fault’ system that takes into account your negligence in the accident. What does this mean when you are filing a claim?
When pursuing legal action after an accident you have a lot on your mind. Navigating Ohio’s accident liability laws while still recovering physically, emotionally, and mentally is a difficult process. Here at Spivak and Sakellariou we are ready to fight for your rights and navigate these laws for you.
What is Comparative Negligence?
Comparative Negligence is a legal principle that could lower the amount of damages you are able to collect depending upon whether or not you are also found to also be negligent in the accident.
So what does this exactly mean?
Let’s say you’re a victim of an accident, especially a car accident. But there is evidence that you could have in part caused the accident and share fault in the accident liability. Depending upon what has happened and what the evidence says you could be found to be at least partially responsible for the accident.
What are the Ohio Comparative Negligence Laws?
Ohio was the 35th state to enact a comparative negligence law (or shared-fault system). Under Ohio’s comparative negligence law if a party’s fault is found to be more than 50% then monetary recovery of any kind is not possible.
This may sound scary, but it is exactly why it is so important to contact one of our personal injury attorneys. Our lawyers are here to navigate this world for you and fight to make sure you don’t reach that 50% threshold.
Who Will Decide My Fault in the Accident?
The insurance company investigating the claim will be the one to determine your level of fault in the accident. It’s important to have all the facts straight after an accident in order to assess the accident liability. We want to make sure you have all the tools we need to fight for what is owed to you after an accident.
Being in an accident is a disorienting and horrible experience. The moments after can be stressful. If you can, follow these steps to ensure that you can get the settlement that is owed to you.
- Call the authorities right away.
- It’s important for the police to file a report.
- You may need medical attention, even if you aren’t sure your body may be in shock.
- If there are any witnesses, ask them to write down exactly what they remember.
- Take pictures of everything. Damages and injuries.
- Write down exactly what you remember.
- Contact one of our attorneys here at GSAS to handle the rest.
Having all of this information is extremely important to your injury settlement. With all the facts we can make the most effective claim for your injury settlement. With this information our lawyers can take over and you can get back to taking care of yourself.
What if I Don’t Agree With What is Decided?
Let’s say you are found to be partially at fault in the accident, but you don’t agree. This can be an extremely frustrating and disheartening circumstance. However there are still steps that can be taken.
In this circumstance the case could be moved to court and a judge and jury could decide whether or not you share fault.
This is a situation where one of our lawyers would be able to help you navigate murky waters. We are here to help you in any and all circumstances and fight for the accident settlement that you deserve.
How Can We Help?
Here at Spivak & Sakellariou we specialize in helping victims exclusively. Because we focus on personal injury we are ready to help you get the injury settlement you deserve.
We offer free consultations and will never ask for any money upfront to represent you. We will only take a fee after we have gotten you the settlement you deserve. There is absolutely no risk in reaching out today to get started on getting you the money you deserve.
You can contact us via phone, email, or online chat. Help us fight for what you deserve today.