Accident liability in Cleveland is based on modified comparative negligence. In order to file a personal injury claim against another driver, you will need to establish who was at fault for the collision and calculate damages. Under Ohio law, you cannot be more than 50 percent at fault for your accident and still receive compensation. Attorneys Chris Mellino and Tom Robenalt welcome you to contact our office with any questions you may have about your catastrophic injury.
Comparative Negligence in Ohio
Ohio follows the modified comparative negligence rule. If it’s determined that you were even 51 percent responsible for the crash, you will be unable to recover damages.
Your percentage of fault will affect the amount of compensation you ultimately recover. If, for example, you are 10 percent at fault for the accident, your recovery will be reduced by 10 percent. For example, if your total damages from the accident were $10,000, then 10 percent would be deducted and you would end up with $9,000. The more fault you are found to have, the less you can collect. This can make a significant difference when you are dealing with medical expenses, lost wages, and attorney fees.
You can typically expect the other party to try to put at least some, if not most, of the blame on you. Therefore, gathering enough evidence to support your claim is very important.
Evidence in an Accident Claim
To file a successful personal injury claim, you will need to establish the other party’s fault in the accident. The following will be helpful when meeting with a lawyer to discuss your case:
- a copy of police/accident report (especially if a citation was issued to the other driver);
- photographs of the damaged vehicles and accident scene;
- statements given by witnesses; and
- video footage from an intersection camera or a building surveillance system nearby.
You will also need evidence that backs up the injuries you have sustained. It’s not enough to say you’re in pain or unable to work. You will need medical records and documentation to prove this. For example:
- lab work or results of an X-ray;
- copies of prescriptions; and
- notes from the doctor.
Anything that is related to your injuries should be included as evidence.
How Do I File a Claim for My Accident?
According to the Ohio Department of Public Safety, someone was injured in an accident every five minutes last year. If you have questions about a catastrophic injury you suffered or determining liability in your claim, personal injury lawyers Chris Mellino and Tom Robenalt welcome you to contact our Cleveland office for a free consultation.