What if I’m Partially at Fault for My Slip-and-Fall Accident?
Slip-and-fall accidents can result in severe and sometimes life-altering injuries. Broken bones, spinal damage, and traumatic brain injuries (TBIs) can all cause injured victims to be out of work for extended periods without a reliable source of income. During the healing process, medical bills will pile up and the financial stress can become unbearable.
When you know that someone else was partially at fault for causing your injuries, it’s important that you take legal action against them. You may be hesitant to file a claim if you also played a role in causing the accident, but thankfully, the state of Indiana has laws to protect your rights as an injured victim.
At Kooi Law, our lawyers are experienced in handling premises liability lawsuits and we can ensure that you receive the compensation you deserve. A slip-and-fall accident attorney in Indianapolis will guide you through the legal process while you focus on picking up the pieces of your life.
Modified Comparative Negligence Law
Indiana has a modified comparative negligence law, which states that anyone who is partially at fault in an accident can still file a claim for compensation as long as their percentage of fault was less than the other liable party. Once your percentage of fault is determined, this percentage will be deducted from your overall settlement amount.
For example, if it’s determined that you were 20 percent liable for causing the falling injury accident and your settlement amount is $100,000, then you could ultimately receive $80,000.
Calculating Your Claim Value
Once your percentage of fault is calculated, your attorney will monetize your damages and calculate your claim value. When determining what damages you’ve suffered, both economic and non-economic damages will be considered. Economic damages include ways in which the injury has affected your finances, such as medical expenses, loss of income, and property damages.
Non-economic damages are ways in which the injury has affected your lifestyle, including pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Contact a Slip-and-Fall Lawyer in Indianapolis
If you know that you’re partially at fault for causing your slip-and-fall accident, it can be daunting to file a claim for compensation. The comparative negligence law was put in place to protect both injured victims from missing out on the compensation they deserve and to protect those at fault from bearing the full burden of the damages.
You shouldn’t be afraid to file a claim, because this law can ensure that the other liable parties in your accident are held liable for their percentage of the damages. You’ll feel the resentment leave your body once your claim has been handled and you’ll also feel less financial stress once you receive the settlement money you deserve.
At Kooi Law, our attorneys are prepared to handle the legalities of your case and negotiate on your behalf. If you’re ready to speak with an Indianapolis slip-and-fall lawyer today, you can schedule a free consultation by filling out the contact form below or by calling 317-569-1335.