It isn’t uncommon for the defendant in a slip and fall claim to argue that you were at least partially at fault for your injuries. Even if the defendant can prove that to a court’s satisfaction, you may still be able to recover partial compensation for your damages.
In shared fault situations, Nebraska follows a rule called comparative negligence. The court will be responsible for determining your percentage of the fault and then reducing your total recovery by that percentage.
If you are found to be 30% at fault, for example, your financial recovery will be reduced by 30%.
But if you are found to be 50% at fault (or more), you won’t be eligible to recover damages at all.
Even if your claim doesn’t go to trial, determining the percentage of fault can become a critical point of contention during negotiations with the insurance company.
It’s important to work with experienced Omaha slip and fall accident lawyers who are prepared to fight aggressively for the smallest possible percentage of fault in your case.