How Does Comparative Negligence Affect Personal Injury Claims?

 Posted on October 10, 2024 in Personal Injury

Negligence means someone did not take the precautions a reasonable person would have taken to avoid injury to someone else. A dog owner who fails to leash an aggressive canine, for example, could be considered negligent. A supermarket that does not clean up a spill in time can be accused of being negligent if a customer slips and falls. A driver who texts while driving is also negligent.

When people are injured as a result of someone else’s negligence, they often want to bring a personal injury claim. They may seek to recover damages such as medical expenses and loss of income. In Ohio, however — as in other states — there is a modified comparative negligence law. This allows the victim who brings the claim, also referred to as the plaintiff, to shoulder some of the blame for negligence.

This article will discuss modified comparative negligence and how it affects personal injury claims. Speak with an Ohio personal injury attorney for more details or for assistance with your claim.

How Does Modified Comparative Negligence Work?

Some states have comparative negligence laws that allow personal injury victims to be held accountable for their own injuries. If a plaintiff brings a claim for compensatory damages and is found to be even partially negligent, comparative negligence laws dictate that his or her compensation will be reduced by the amount of fault. For example, if the plaintiff shares 30 percent of the fault for the injury, then he or she will receive 30 percent less compensation for damages.

Modified comparative negligence takes it a step further and says that if the plaintiff is found to have been 51 percent negligent or more, he or she cannot recover any compensation. Suppose, for example, that a driver sues another for causing an injury due to texting while driving. An investigation reveals that the plaintiff was also texting while driving and was not wearing a seatbelt. In this case, he or she might be considered more than 50 percent negligent and would not be entitled to recover any damages.

How Can I Prove Negligence in Ohio?

To prove someone was negligent, you must show the following four elements:

• Duty of care: You first must establish that the defendant had a duty to exercise reasonable care to avoid injury.
• Breach of duty: You must next show that the defendant breached that duty.
• Causation: Once you prove the defendant had a duty to avoid injury and failed in that duty, you need to demonstrate how that failure caused your injury.
• Damages: You must show that the injury caused damages for which you are seeking compensation.

Contact a Wooster, OH Personal Injury Attorney

In any personal injury claim you bring, the insurance company or opposing legal team may try to place some or all of the negligence on you. Make sure you are represented by a skilled Brunswick, OH personal injury lawyer from The Law Office of Whitney K.S. Miller, LLC. We are ready to use our extensive experience to craft a personalized legal strategy for you and recover the most compensation possible. Speak with an excellent attorney by calling 330-725-4114 today.