On What Grounds Can a Personal Injury Victim Recover Compensation?

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When a person is injured in an accident, and suffers serious injury or mental trauma, it is important to decide who is at fault for the incident. This is called comparative fault analysis and is widely used as a guide in personal injury cases. It is the report given by the jury, to the judge at the closing of a personal injury trial. Basically, if a victim or plaintiff is 49% (or less) at-fault, then they are most likely entitled to basic remuneration. If they plaintiff is 50% at-fault, or greater, then there is no chance for recovery.

An accident that causes a person serious injury or harm must be caused from another’s negligence or carelessness. This could be a person, company, or manufacturer. The most common negligent personal injury cases include drunk driving accidents, slip and falls, dog bites, assault, medical malpractice, product liability, motor vehicle accidents, workplace accidents, and sexual harassment. Continue reading to learn more about comparative fault analysis and additional stipulations that can make or break a victim’s personal injury lawsuit.

Personal Injury Lawsuits and Settlements

Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a personal injury accident. There are details that go into making these distinctions. For example, if a person was injured as a result of their own negligence, they will not be awarded compensation for their damages. This can happen if a person slips and falls in a grocery store, on a rainy day, even when there are “wet floor” signs placed throughout the premises. This person would not be considered a victim of a negligent accident. On the other hand, if it were a sunny day and no “Caution: Wet Floor” signs are posted even though there is a puddle or spill, the grocery store is accountable for that person’s damages if they are injured as a result of the wet spot.

Another example involves motor vehicle accidents. If a pedestrian, passenger, or driver is injured as a result of a drunk driver, they are considered victims using the comparative fault analysis formula; however, if a person was not obeying traffic signals or street signs, and is hit by another driver, they will most likely be held responsible for their own damages because they were the negligent party in the accident. All of these perspectives must be considered in order to properly determine which person is at-fault in a personal injury lawsuit. The same idea is applied for workplace accidents. If an employee is injured at work or while performing work-related duties, they are entitled to compensation for their damages; however, on the other hand if that employee was injured as a result of their own negligence (i.e. improper use of company equipment, not wearing proper safety gear, etc.), they are accountable for the incident.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a knowledgeable and licensed personal injury attorney in Indianapolis, Indiana today. Attorneys Daniel Craven, Ralph Hoover, Keith Blazek, and their legal teams are highly accomplished accident lawyers with decades of personal injury litigation and trial experience. We offer free initial consultations to assess your case and determine if you are a victim of a negligent accident. Also, we never collect attorney fees unless we win your settlement and recover full and fair compensation for your damages. Call 317-881-2700 to learn more about personal
injury lawsuits in Indianapolis, IN
.

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