The Donahey Law Firm, LLC
Free Consultation: Email

866-918-5886

Home of the Million Dollar Verdicts
Offices Menu
Get Your FREE Case Review Talk to a lawyer for free with no obligation. Let’s talk.

FOR SERIOUS INJURIES, Call the Lawyers Other Lawyers CallTM

What is comparative negligence in Ohio?

Anyone who has been involved in an accident and opts to pursue compensation for their injuries might hear the term "comparative negligence." This term refers to the legal basis of how a person can seek compensation that is based on fault.

What is comparative negligence?

Comparative negligence uses a percentage-based method to split the costs of accident damages between drivers. It takes into account how much of the negligence that caused the accident each driver had.

What is negligence?

Negligence refers to the failure of a person to exercise the care required to avoid injuring someone else in a given situation. An example of negligence would be a driver who is speeding at night when it is raining.

How does complainant negligence affect compensation?

Under the comparative negligence law, the amount of the settlement a person can receive is reduced if that person is found to be at fault. Simply put, if a complainant is determined to be 20 percent at fault for the accident, the possible settlement he or she can receive would be reduced by 20 percent.

Is there a cap on the percentage of complainant negligence allowed for compensation?

In Ohio, a person can't receive any compensation if his or her share of the negligence of the accident is more than 50 percent. This means that if one person is said to be 51 percent negligent and the other person is 49 percent negligent, the person who is 51 percent negligent can't seek compensation but the person who is 49 percent negligent can.

As you can imagine, comparative negligence can have a big impact on settlements. Fully understanding how to apply the concept is vital for anyone seeking compensation.

Source: State of Ohio, "Understanding Ohio's Comparative Negligence Law," accessed April. 21, 2015

No Comments

Leave a comment
Comment Information

Email Us Your Case Information For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

MAIN OFFICE

The Donahey Law Firm
495 S High St #300
Columbus, OH 43215

Telephone: 614-224-8166
Toll-Free: 800-792-1480
Fax: 614-849-0475
Email Us | Columbus Law Office Map

Branch Offices

Dayton Office
Local: 937-224-3030
Toll-Free: 800-792-1480

Cincinnati Office
Local: 513-721-9400
Toll-Free: 800-792-1480

Delaware Office
Local: 740-363-4969
Toll-Free: 800-792-1480

Covington Office
Local: 859-261-0572
Toll-Free: 800-792-1480

Mobile Office

Toll-Free: 800-792-1480
Learn More

Donahey Law Firm Logo
Logo: Facebook Logo: LinkedIn Logo: Twitter Logo: YouTube Logo: Google+