An accident can happen in a split second, and you never expect to become hurt in one. If you are involved in an accident, the injuries you suffer may be so serious that they may change your life forever. Any accident can result in visible injuries and scars, but these are not the only injuries victims sustain. An accident can also result in emotional and mental scars, too. One of the most frustrating aspects of these injuries is that they are usually entirely preventable. The only reason they happen is because of the negligence, or carelessness, of other people.
If you have been hurt due to another person’s negligence, you may have the right to file a legal claim against them for compensation. Filing personal injury claims, though, is never easy. Our Ohio injury attorney can help you navigate the process so that you obtain the full and fair settlement you deserve.
Accidents happen in a number of different ways, and there are a number of different personal injury laws that govern each of them. The most common areas of personal injury law include:
It is not always easy to determine who is at fault for the above accidents. Even when the liable party is fairly obvious, they may still try to shift the blame to the accident victim in an effort to shield themselves from liability and reduce the amount of damages they are responsible for paying.
It is not uncommon for more than one person to be at fault for an accident. For example, a pedestrian may be seriously injured when they are struck by a vehicle. It may later be found that the driver of the vehicle was speeding, but the pedestrian also darted out into traffic without using a crosswalk. In this case, both the motorist and the pedestrian would be found at fault.
When more than one person is at fault for an accident, comparative fault will govern the amount of damages the accident victim receives. Under the modified comparative fault law Ohio follows, injured individuals can still file a claim if they were less than 51% to blame for the accident. In the above example, the motorist may be found 90% at fault because drivers are always expected to stop for pedestrians. Pedestrians, on the other hand, are expected to use crosswalks and only cross a street when it is safe to do so. As such, the pedestrian may be assigned 10% of the fault.
If an accident victim carries a certain degree of fault, any damages they are awarded are reduced by that same percentage. Staying with the above example, if the pedestrian was awarded $100,000 in damages, they would only receive $90,000 due to their own percentage of fault.
At Lafferty, Gallagher & Scott, our Ohio injury attorneys can defend against arguments that you were at fault so you obtain the maximum damages that are legally yours. Call us now or contact us online to schedule a free consultation and learn more.
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areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.