When an injury-causing accident happens, there is often more than one reason the accident occurred. For example, a car accident may be caused by a combination of poor weather, intoxicated driving, and a traffic violation like speeding. 

When an injured person brings a personal injury lawsuit against another party, the court must consider all of the factors that led up to the accident, and many personal injury cases involve more than one party who acted negligently. In some cases, the person bringing the personal injury claim was in some way partly to blame for the accident. In situations like these, comparative negligence laws dictate the amount of damages a partially at-fault claimant can pursue.

Ohio Comparative Negligence Laws

Comparative negligence, sometimes called comparative fault, is a legal concept that dictates how damages are reduced when a claimant’s negligence contributed to their accident. Different states have different laws regarding comparative negligence. In some states, a claimant cannot pursue any damages through a personal injury lawsuit if he or she was even slightly at fault for the injury-causing accident. Fortunately, Ohio courts follow a shared negligence model called “modified comparative fault.” In Ohio, a claimant is still allowed to pursue compensation for their damages as long as they are less than 51 percent at fault for the accident. Put another way, the claimant can still bring a personal injury lawsuit as long as they were not more at fault than the defendant.