Today we’re talking about R.C. § 2323.44 and the rights of an injured party as it relates to subrogated interests. If you do not know what subrogation is, be sure to watch my previous video.

R.C. 2323.44 provides that if an injured party receives less than the full value of their claim due to:

The injured parties own comparative fault
A third-party’s liability is diminished due to an allocation of responsibility between several parties
By reason of the collectability of the full value of the claim due to limited insurance or other cause

In such cases, the subrogee's claim shall be diminished in the same proportion as the injured party's interest is diminished. This pro-rata reduction typically comes into play with private health insurance, med pay insurance, or any other contractual-based subrogation claim. This statute is a powerful tool for me to use to put more money into my client’s pocket.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.