Category Archives: Comparative Negligence
An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio statutes.
Comparative fault and contributory negligence are two seemingly simple terms that can cause severe headaches in our daily lives if we don’t understand these terms. Each concept is applicable to an event where two or more persons may be responsible for the damages. Comparative fault and contributory negligence only apply to negligence claims. Though these doctrines can be complex in practice, below are a few ideas to consider when pursuing your subrogation claim.
In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. As a result, we included a few tips you should keep in mind regarding witnesses and defenses. Knowing Your Witnesses Just because a person is riding in the car with the other driver, doesn’t… Read More »
The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit. The statute requires the insured’s carrier pay the insured’s attorney “the insurer’s pro rata share of the reasonable and necessary costs… Read More »
Misinterpretations of the law or expectations regarding what will happen at trial In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. We’ve battled in the courtroom a few times and have a few tips you should keep in mind regarding witnesses and defenses:… Read More »
New Law titled, “Rights of Subrogee” attempts to reduce medical pay liens and could interfere with your company and insured’s insurance policy language. While some companies are aligning with the law and changing recovery rights, others believe the opposite. Under the Ohio Budget Bill, Governor John Kasich passed Ohio Revised Code 2323.44 that took effect… Read More »