Can I Still Recover Compensation If I Was Partially at Fault in a Car Accident?

If you were hurt in a car accident, you probably need some financial help. You are dealing with repairing or replacing your vehicle and getting medical help, both of which can be extremely expensive. If you suffered significant injuries, you may also be dealing with devastating psychological consequences and looking at a future that is entirely different than what you anticipated before the crash. It is because someone else caused all of these physical, emotional, and financial injuries that you have the right to ask for compensation. However, if there is evidence that you are partially at fault for the car accident, you may not be entitled to as much.

If you are trying to recover compensation after a car accident and the other side is arguing you are fully or partially to blame, contact our experienced Ohio personal injury lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA right away. We can explain Ohio law and how it applies to your situation. Call us today at (419) 625-7770.

When You Can Receive Compensation After a Car Accident

Based on Ohio’s personal injury law, you have the right to pursue compensation after being injured because of another person’s carelessness, recklessness, or intentional misconduct. This encompasses being hurt due to a person’s negligence and behavior worse than ordinary negligence under the law.

When you are entitled to compensation, you can ask for your:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Disfigurement
  • Punitive damages, in some circumstances

However, many car accident situations are complicated and they are not simply one other driver’s fault. There may be numerous other drivers who contributed to the accident or you could be partly to blame. If you believe the accident was also your fault or the other side is pointing fingers, call us today to learn how contributing to an accident could reduce or prohibit your financial recovery.

Ohio’s Contributory Fault Rule

Ohio statute 2315.33 states your contributory fault does not bar you from recovery damages so long as your responsibility is not greater than the other party’s fault. This means if an insurer or judge determines that you are 50 percent or less at fault for the car accident that led to your injuries, then you still have a right to compensation. However, if you are 51 percent or more responsible, you may not be able to recover any compensation from other parties.

If you are found to be partially at fault for a crash, then your financial recovery will be reduced by your percentage of responsibility. For example, if an insurer determined you were 40 percent at fault, then it will reduce the final compensation amount by 40 percent. You will only receive 60 percent of your total damages.

How Our Ohio Personal Injury Lawyers Can Help

If you believe your responsibility for the car accident will come up, call our personal injury lawyers from Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA immediately. It is essential you have an experienced attorney on your side to help you prove you did not contribute to the crash. If there is a great deal of evidence that you have some amount of responsibility, then we will aggressively fight for a reduced percentage. Every percentage point can make a great deal of difference when it comes to the amount of compensation you can recover, and we will always fight for you to receive the maximum amount possible.

To learn more about how we can help, call us at (419) 625-7770 to schedule a consultation.