How Modified Comparative Fault May Impact Your Cleveland Injury Case October 4, 2012.
What’s modified comparative fault? Talk to a Cleveland personal injury attorney to determine who is at fault for the accident and how much blame may be assigned to each party. This will play into the modified comparative fault standard used when determining if damages may be awarded.
In the state of Ohio, when you need to prove negligence, it will be based on the modified comparative fault system. Some states that follow this standard follow a 50 percent rule, while others follow a 51 percent rule. Ohio follows the latter. In other words, to collect any damages in an accident, the other party must be at least 51 percent at fault.
If it is found that the other party was 50 percent at fault or less, you will have no right to compensation. So, clearly, being able to prove that you had no fault or very little fault in the accident is important.
To better understand the elements of a negligence case and what types of evidence will be necessary, contact us at (440) 333-3800 for a free consultation.