As the personal representative of your loved one’s estate, you can still file a wrongful death claim, even if they are partially at fault for the accident.
While this option is available, the negligent party or their insurance company will try to shift the entire blame onto your loved one. Understanding state laws on negligence is crucial in your wrongful death claim.
Is your loved one’s claim affected?
Recovering compensation is possible because of Ohio’s modified comparative fault approach. This rule aims to promote fairness in injury cases, especially since accidents are rarely 100% one person’s fault. Instead of barring recovery entirely, the law measures and compares the fault of everyone involved in the accident.
What does Ohio law say about shared fault?
Through a wrongful death claim, you can recover damages as long as your loved one’s fault is not greater than the fault of the other party. Your loved one must be 50% or less at fault for the accident.
For instance, the settlement negotiation determines that the total damages are $100,000. If the insurance company finds that your loved one is 20% at fault, then this percentage reduces the recoverable amount, leaving your family with $80,000. However, if your loved one is 51% or more at fault, you cannot receive any compensation.
Why is legal review essential?
Navigating a wrongful death claim where your loved one is partly at fault can be complex. You face the burden of proving the other party’s negligence, which can be a challenging process.
If you are unsure whether the deceased’s actions played a part in their death, do not let that uncertainty stop you from exploring your rights. Consider speaking with a personal injury attorney to learn more about how you can legally claim compensation.