How Does Comparative or Contributory Negligence Impact a Slip and Fall or Trip and Fall Accident Injury Claim?
In Kentucky, we are a pure comparative fault state, which means the value of your claim depends on the extent that you are responsible for your fall. For example, if you are walking around in high heels during an ice storm, your damages will be reduced to the percentage of fault that you are held to. If you are 10% at fault and your damages would have been $10,000, your settlement would be $9,000. If, on the other hand, you were 80% at fault and your damages were $10,000, your award would only be $2,000.
I Was Injured at a Family Member’s or Friend’s Home, but I Don’t Want to Sue Them. What Can I Do to Recover Costs for My Injuries?
We often handle claims that never get filed in court and never move forward. Just by opening a claim with the insurance company, we are able to recover in a pre-litigation settlement. Does that mean suing your family member’s home insurance? Sure, it does. However, that’s what we have insurance for. It’s to cover us in the event that somebody is harmed under our watch, so to speak. So, if you want your costs recovered, we would need to contact their homeowner’s insurance and go through them to cover your damages (medical bills, pain and suffering, and lost wages).
Now, in some events, you may have health insurance that would initially cover some of those costs, but understand that your health insurance has a right to be reimbursed when your injuries were due to the negligence of somebody else, such as a family member who didn’t have proper railings on their stairs. Although we might be able to avoid filing suit in court, you are going to need to open a claim with their homeowner’s insurance.
At What Point Should I Hire a Slip and Fall or Trip and Fall Personal Injury Attorney?
As with all injuries, the first line of business is to make sure that you seek immediate medical care if you have an emergency injury. In other words, if you have a head injury or suspect you have internal bleeding, go to the emergency room first. An attorney should not be the first thing on your mind; getting emergency care should be. Once you are past that critical emergency care, I strongly recommend contacting a lawyer right away. I think you would want to speak with a professional and get, at the very least, some preliminary advice prior to speaking with the insurance company or making any statements.
For more information on Slip & Fall Injury Claims in the State of KY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 791-8389 today.