Can You Still Recover Compensation if You Were Partly at Fault in a Vehicle Accident?

Can You Still Recover Compensation if You Were Partly at Fault in a Columbus, OH Vehicle Accident?

Many states have something called contributory fault or contributory negligence. In our state it is known as contributory fault, and this law states that if you are 49% or less at fault for an accident, you can still claim compensation. That percentage is very important. In some states, contributory negligence is set at 51%, meaning that you can still collect damages even if you are equally at fault with the other party. But here in Ohio, you must be less at fault to collect damages.

In most situations, your total damages will be reduced by the same percentage as your fault. If you had $43,000 in medical bills and property damage after an accident, for example, and are considered 20% at fault for the accident, you would only be able to recover 80% of your damages. This means you would only be able to get $34,400. 

Why an Attorney Is So Important

There are several critical reasons it’s so important to work with an attorney in any accident, but especially if you are partly at fault:

1. To Protect You From Blame

As you can imagine, insurance companies love to push as much blame off the person they cover as possible. Even if they can only move the needle a couple of percentage points, that can mean thousands of dollars they don’t have to pay, depending on the situation. One of the most important jobs your lawyer will do for you is to protect you from unfair blame. Your lawyer will carefully investigate the accident and aggressively negotiate based on your true level of blame.

2. Properly Calculate Your Damages

It’s important to properly calculate all your losses and damages in any personal injury case, but if your final settlement is going to be reduced by a certain percentage because of fault, it becomes even more essential that nothing be left out. It’s easy to forget things, but a lawyer who has done this many times before knows all the right questions to ask, stones to turn over, and avenues to pursue to maximize your settlement, even after your fault is calculated.

For help with your claim, reach out to us now at Barkan Meizlish DeRose Cox, LLP in Columbus, OH 43219 at 740-204-2125 and set up a free consultation. We’ve been winning for clients in the Columbus area since our founding in 1957, and we’re dedicated to protecting your rights.

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