You may have grounds for a lawsuit when you slip and fall in a store, accidentally touch exposed wiring, or otherwise injured on someone else’s property. Unfortunately, the other party may be trying to place the blame on you instead. They may claim that you are partially or fully at fault for your accident.
Unfortunately, letting them claim this can leave you with little or no compensation for your premises liability claim. However, you do not have to allow them to prevent you from getting the compensation you need. Your Oklahoma premises liability lawyer can help you fight back when someone claims you are partly at fault for your accident.
Your Claim May Be Reduced
When the at-fault party claims that you caused the accident, you may see a reduction in your claim’s value. By state law, your claim may be affected by the comparative negligence laws, which state that anyone who took part in causing the accident may have their compensation reduced.
In practice, let’s say you were walking down the stairs on someone else’s property and using your phone. In the process, you stepped on a broken stair that the property owner should have warned you about, and you fell and were injured. In this case, their failure to notify you of the broken stare caused your injuries, but You may be facing partial blame because you are not paying attention.
In this case, you may have your compensation reduced by 10 percent. That may not seem like much, but that means you will only receive 90 percent of the compensation you were due for your case. That leaves you paying the other 10 percent out of pocket. So, if your claim is worth $100,000, And you must pay 10 percent out of pocket, that leaves you paying $1,000 for your suffering.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYOther Elements Can Reduce Your Claim’s Value
Comparative negligence is not the only state law that can impact the value of your settlement. The statute of limitations can also impact the value of your case. You only have two years in Oklahoma to file a lawsuit against the at-fault party. If you do not act in time, your claim may be dismissed, leaving you paying entirely out of pocket for your injuries and expenses.
Because of this, you may need to act quickly, gathering evidence as soon as possible for your claim and ensuring that you are not facing time-related penalties that can also hurt your case.
Protecting Your Claim’s Value
Fortunately, you do not have to accept part of the blame for your suffering. You do have a chance to fight back and defend your case. To do this, you may need to gather evidence that disputes the other party’s claim that you were partly at fault.
For example, you may have been accused of failing to pay attention when exposed wires accidentally touched you. If the at-fault party claims that you purposefully touched them or were negligent, evidence such as eyewitnesses or surveillance footage can prove otherwise. In court, this evidence can help you avoid accepting any fault for your accident or prevent you from accepting more than is right.
However, gathering this evidence is not easy. If you struggle to get compensated fairly, contact your attorney and seek help proving you or do compensation for your suffering.
How Can an Attorney Help Me?
When you are accused of being partly at fault for your claim, you may need a personal injury attorney’s assistance to protect your compensation and avoid reducing your claim’s value. However, you may be unsure whether you need an attorney.
Your attorney can provide several services for your case when you are accused of being partly at fault. Your attorney has many tools and resources that can help you avoid penalties for your claim, including access to expert witness testimony. Whatever tools and resources you need to calculate your claim accurately, your attorney can provide.
Your lawyer can also provide you with aggressive legal representation in the courtroom, meaning You have someone on your side ready to fight for you. Your attorney can provide the legal experience you need, helping you avoid major mistakes that can reduce your claim’s value. It is easy to make mistakes when you are without this aid.
Still unsure whether you need an attorney for your claim? Reach out to an attorney for a free initial consultation. This consultation comes with no risk for you, and you can decide whether an attorney is right for you and can help you avoid penalties before you sign anything.
Know Your Claim’s Value Before You Sue
One of the most helpful tools for avoiding a reduction in your claims values is knowing what your claim is worth initially. If you are unsure and are not asking for your maximum settlement, it is easy to settle for less and get a smaller amount of the funds that you need in the first place.
When you file a claim for your injuries, your compensation should include your economic and non-economic damages. These damages cover all of the compensatory damages you may need, which helps you recover.
Economic damages include any financial losses you have suffered because of your injuries, including medical bills, lost wages, and property damage. This also includes your future costs, meaning you can get funds for damages you will suffer even if you have not had to pay for them yet.
You may also be eligible for non-economic damages, or the intangible losses you have suffered because of your accident. For example, you may have suffered an injury that causes severe pain. Your lawyer can help you identify how much your claim is worth and how much these intangible damages should be valued.
Protect Your Case with a Lawyer
If you believe the adult party may try to claim that you were partly at fault for your accident, you have grounds to take action and get compensated for your suffering. With the attorneys at BDIW Law on your side, you can avoid severe penalties that can impact your ability to move on.
When you are ready to speak with an attorney, simply reach out for a free consultation, give us a call, or fill out our online contact form.
