Leading the way in personal injury claims are accidents caused by automobiles on U.S. roadways. They are an unfortunate aspect of today’s fast-paced modern lifestyle but these accidents can leave victims with any number of serious injuries including lost wages, exorbitant medical fees and in extreme cases, permanent disability.
As a victim you have the right to pursue legal action and seek compensation for these damages. If your insurance company decides it will not pay the full amount, or will not pay any amount, you should consult with an attorney experienced in auto accidents in Dayton Ohio or elsewhere.
As can be the case, the individual or business you are seeking to hold accountable for your injuries may claim that you were partly or completely at fault and that therefore, they cannot be held liable.
When shared fault is deemed to have been at play, it can dramatically reduce the amount of damages you will be entitled to receive. If you’re found to be more than 50 percent to blame, you will be unable to seek any damages at all.
The state of Ohio modified its comparative negligence rule which effectively allocates a dollar figure based on a percentage.
If you were rear-ended at a stoplight owing to a fault in one of your brake lights and damages amounted to $10,000, a jury could allocate 15 percent of the blame to you and effectively reduce your share of compensation to $8,500.
Ohio courts are required to follow this rule in personal injury lawsuits that make it to trail, so don’t be surprised if the issue is raised by the adjuster during settlement talks.