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September 27, 2020

When Does an Injury Qualify for a Settlement?

Getting injured in an accident can lead to a loss of earning ability and a build-up of medical expenses. Depending on your situation, you may be wondering whether it makes sense to file a claim for recovery of the losses you’ve suffered. The legal process can be confusing and often, there’s a fine line between who qualifies for a settlement and who doesn’t.

At Kooi Law, a qualified Indianapolis personal injury lawyer can discuss your case with you and put any concerns to rest. We’ll investigate the cause of your accident and if we find negligence, we’ll pursue rightful compensation for the damages you’ve endured.

Determining Negligence

The first step in determining whether you qualify for a settlement is investigating your accident to see how it happened. Your attorney will collect police reports, medical records, witness testimonies, and any video footage or photographic evidence that can show which parties were at fault.

Indianapolis follows modified comparative negligence laws, which means that as long as you were less than 50 percent at fault for your accident, you’ll qualify for some sort of settlement.

Calculating Damages

Once negligence is determined in your personal injury lawsuit, the damages of your claim will be calculated based on the injuries you’ve suffered. When looking at your injuries, medical expenses will be taken into consideration, but your lawyer will also look at other economic damages, such as loss of future income and property damages.

Non-economic damages will also be examined to determine your claim’s total value. Non-economic damages affect your lifestyle and can include pain and suffering, loss of enjoyment of life, emotional distress, or physical impairment.

Contact an Indianapolis Personal Injury Lawyer

If you’re unsure of whether your personal injury will qualify for a settlement, our experienced attorneys at Kooi Law can help. We’ll answer any questions you might have regarding your case, and when the time comes, we’ll fight on your behalf to make sure you receive maximum compensation for your damages.

Reach out to an Indianapolis personal injury lawyer today for a free consultation to discuss your case. You can call us at 317-569-1335 or fill out the contact form below.

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