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Personal Injury

What Is ‘Shared Fault’ in a Personal Injury Case?

By November 26, 2021November 29th, 2021No Comments

Suppose you’ve been hurt in an accident that wasn’t entirely your fault. Can you still recover from your pain, suffering, and potential medical expenses? Ohio does recognize shared fault, and learning about how the state may look at these cases may help you should you want to pursue further legal action.

Personal injury cases are based on the concept of negligence. Simply put, negligence means that a person did not exercise the same level of care that a reasonable person would in a similar situation. This can extend to anything from texting and driving to a restaurant not cleaning up a spill in a timely fashion. Negligence is sometimes hard to prove, and in many cases, more than one party shares fault for the incident. If the person who was hurt was at least partially at fault for what happened, this could become an instance of shared fault.

Ohio Personal Injury Law & Shared Fault

Anyone interested in filing a personal injury case in Ohio must do so within the statute of limitations, which is usually within two years after the incident in most, but not all, instances. It is important to consult with an attorney as soon as possible to determine the deadline in which to file suit.

Ohio follows the rule of “modified comparative negligence”. Simply speaking, it means that the amount of potential compensation the claimant is entitled to receive will be reduced by an amount that is equal to their percentage of fault for the accident. However, if the claimant is found to own more than 50% of the fault, they will not be able to collect any damages.

Ohio Personal Injury Damage Caps

Non-economic damages (such as pain and suffering) in most non-catastrophic injury cases are capped at $250,000 or three times the number of economic damages, whichever is greater (with an overall cap of $350,000). Punitive damages (those on top of initial injury claims) cannot exceed double the amount of economic damages.

 

Of course, the first step in any potential personal injury legal action is to consult a knowledgeable and experienced Ohio law firm that can help guide you and assess your options. Clients in Mason and Hamilton trust Garretson & Holcomb, LLC for their experience in this space. Call 513-863-6600 today to learn more.