What Happens If You’re Partially at Fault in a Cincinnati Personal Injury Case?

Accidents can be life-altering, leaving victims with injuries, emotional trauma, and financial burdens. If you’re involved in a personal injury case in Cincinnati, Ohio, understanding how fault is determined is crucial, especially if you believe you may be partially at fault. Ohio’s comparative negligence laws directly impact how compensation is awarded in such cases. But even if you share some responsibility for the accident, you still have a right to seek compensation, and a personal injury attorney in Cincinnati can help ensure you receive a fair settlement.

Understanding Ohio’s Comparative Negligence Law

Ohio operates under a legal doctrine known as comparative negligence (also called comparative fault). This law dictates that each party involved in an accident can be assigned a percentage of fault based on their actions or inactions. The key point to understand is that Ohio follows a modified comparative negligence rule, which significantly impacts how compensation is calculated in personal injury cases.

According to this rule, if you are found to be partially at fault for the accident, your compensation will be reduced by the percentage of fault attributed to you. However, if you are found to be more than 50% at fault, you are barred from recovering any compensation from the other parties involved.

For instance, if you were involved in a car accident and the court determined you were 30% at fault, your total compensation would be reduced by 30%. So, if your damages amounted to $100,000, you would be entitled to $70,000 after the reduction. However, if you were found to be 60% at fault, you would not be eligible to recover any damages.

How Fault is Determined in Cincinnati Personal Injury Cases

Determining fault in a personal injury case involves a thorough investigation of the circumstances surrounding the accident. Evidence such as police reports, witness statements, traffic camera footage, and expert testimony can all play a role in assigning fault. The insurance companies and, if necessary, the courts, will evaluate this evidence to determine each party’s level of responsibility.

It’s important to note that insurance companies often try to shift as much blame as possible onto the victim to minimize their payout. Without a skilled attorney on your side, you might find yourself unfairly burdened with more fault than is fair, drastically reducing your compensation.

How Bey & Associates Can Help if You’re Partially at Fault

If you’ve been injured in an accident and are worried about being partially at fault, having experienced personal injury attorneys in Cincinnati like those at Bey & Associates can make a significant difference in your case. Here’s how:

1. Thorough Investigation: Our attorneys will conduct an independent and thorough investigation to gather all relevant evidence that supports your claim and minimizes your fault. We work with experts, including accident reconstruction specialists, to build a strong case on your behalf.
2. Negotiating with Insurance Companies: Insurance companies are known for their aggressive tactics to reduce payouts. Our team is well-versed in these tactics and will negotiate on your behalf to ensure that your fault is accurately assessed and that you receive fair compensation.
3. Litigation: If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court. Our attorneys have extensive courtroom experience and will advocate vigorously to protect your rights and interests.
4. Obtaining Fair Compensation: Even if you share some fault, our goal is to obtain fair compensation by minimizing the percentage of fault attributed to you. We’ll ensure that all aspects of your damages, including medical expenses, lost wages, pain and suffering, and future costs, are fully accounted for in your claim.

Contact Our Personal Injury Attorney in Cincinnati

Being partially at fault in a Cincinnati personal injury case doesn’t mean you’re out of options. Ohio’s comparative negligence law allows you to recover compensation as long as your fault does not exceed 50%. However, navigating this legal landscape can be complex, especially when insurance companies are involved. That’s why it’s essential to have a knowledgeable and experienced legal team like Bey & Associates by your side. We’ll fight to ensure that your rights are protected and that you receive the compensation you need to move forward.

For more information on comparative negligence and your rights under Ohio law, you can visit Ohio’s Comparative Negligence Statute.If you need assistance with your personal injury case, don’t hesitate to contact us at Bey & Associates. We’re here to help you navigate this challenging time and secure fair compensation.