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Navigating the Comparative Fault Rule in Indiana: A Guide for Injured Claimants

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When you’re involved in an accident in Indiana, understanding the nuances of local laws can significantly impact the outcome of your personal injury claim. One legal concept that is particularly crucial for accident victims in Indiana to comprehend is the Comparative Fault Rule. This rule can influence the compensation you may be eligible to receive and shape the approach to your injury case.

Call 317-881-2700 to Reach Our Trusted Personal Injury Law Firm in Indianapolis
Call 317-881-2700 to Reach Our Trusted Personal Injury Law Firm in Indianapolis

A Brief Overview of Comparative Fault in Indiana

At its core, the Comparative Fault Rule is designed to allocate responsibility among parties involved in an accident. Unlike in some jurisdictions where a single party might bear full liability, Indiana’s approach acknowledges that multiple parties can share fault to varying degrees. This rule doesn’t just apply to two-party incidents; it extends to complex cases involving several entities.

Modified Comparative Fault Principle

Indiana’s legal system operates under the Modified Comparative Fault principle, which is a nuanced take on negligence laws. Under this doctrine, a party can recover damages only if their share of the fault is less than 51%. This means that if you are determined to be 50% or less to blame for the accident, you can still be awarded damages, but your compensation will be reduced by your percentage of fault.

For example, if you were involved in a car accident and suffered damages amounting to $100,000 but were found to be 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000. Real-world applications of this law can be seen in various case outcomes across Indiana, where the determination of fault significantly impacted the compensation awarded to personal injury victims.

Impact on Personal Injury Claims

The Comparative Fault Rule plays a critical role in personal injury claims in Indiana. It highlights the importance of gathering comprehensive evidence to support your claim and accurately represent your level of fault, if any. Evidence can include eyewitness testimonies, surveillance footage, police reports, and expert opinions.

This rule also underscores the value of skilled legal representation. An experienced personal injury attorney can help argue against inflated accusations of fault and work to ensure that the fault is apportioned correctly, thus maximizing your potential compensation.

Key Considerations for Personal Injury Victims

If you’re involved in an accident in Indiana, there are several steps you should take to protect your rights and interests under the Comparative Fault Rule:

  • Document Everything: Collect as much evidence at the scene as you can and document your injuries and recovery process.
  • Seek Medical Attention: Prioritize your health and establish a record of your injuries.
  • Consult with an Attorney: Early legal advice can be pivotal in understanding how the Comparative Fault Rule may affect your case.

Recognizing how fault is determined is also crucial. Indiana courts will consider the actions of all parties involved in the accident and the circumstances leading up to it. The more evidence you can provide to support your version of events, the better positioned you will be in your claim.

Key Takeaways

The Comparative Fault Rule in Indiana adds a layer of complexity to personal injury claims, making it essential for victims to have a clear understanding of how this rule works and its potential impact on their cases. Whether you’re a driver, pedestrian, or property owner, knowing the ins and outs of this rule can help you navigate the aftermath of an accident more effectively.

If you or a loved one has been involved in an accident in Indiana, don’t leave your compensation to chance. Contact our experienced personal injury attorneys today for a free consultation. We’ll review your case, guide you through Indiana’s accident laws, and help you understand your rights and options under the Comparative Fault Rule. Remember, knowledge is power, especially when it comes to protecting your interests in personal injury claims.

If you or someone close to you has been injured in an accident and incurred financial losses as a result, we can assist in your financial recovery. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with our experienced personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state and Indiana residents injured in other states. Meet at our Indy-based firm, or connect with us over the phone, via internet, or at your place of inpatient medical care.

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Can I Sue if I Am Partly to Blame for My Personal Injury?

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Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

When a person is seriously injured in an accident by another person, they can be entitled to compensation for their losses and damages. But what happens if the personal injury victim is partially at-fault? In Indiana, there is an area of law that covers this topic. It is called comparative and contributory negligence, which we will discuss it further in detail, below. Continue reading to learn more about the Indiana comparative fault rule, and what to do if you are partially at-fault for an accident that caused you serious injury.

Indiana Comparative Fault Rule

IC 34-51-2-6

Indiana Code 34-51-2-6 states that, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.” This means that if a victim is no more than 50% responsible for the accident and subsequent injuries, they can sue their opponent for compensation to cover medical expenses, hospital bills, lost wages, and more. But if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. But they may be able to collect from their own insurance company. The Indiana comparative fault rule is intended to reduce the amount of damages in accordance to the amount of fault the victim contributed to an accident.

Common Scenarios

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

The most common types of accidents that involve contributory negligence are slip and falls and car accidents. Here is an example of how it could happen: Gerry is a little late to work, so he is driving a few miles over the speed limit. Then, a truck at the adjacent street turns left in front of him, resulting in a collision. Since Gerry was speeding, he is found to be 30% responsible, while the truck driver is found 70% responsible. So if the total amount of damages equals $20,000, Gerry would likely receive 70 percent of that total ($14,000) instead of the full amount.

There are various circumstances that can place blame on a personal injury victim. In the case of slip and fall accidents, property owners can refute their share of blame with these common arguments:

➨ The dangerous condition should have been obvious.
➨ The dangerous condition was blocked off by signage, cones, and tape.
➨ The victim was in an unpermitted area, or area where visitors are not allowed.
➨ The victim was wearing inappropriate footwear (i.e. high heels, defective shoes, etc.)

In the case of motor vehicle and pedestrian accidents, these arguments could be made to place fault on a victim:

➨ The victim was using their cell phone while driving.
➨ The victim was using their cell phone while walking across a street.
➨ The victim was inebriated.
➨ The victim crossed the road illegally.

If It Happens to You

Contact a licensed personal injury lawyer if you were involved in an accident that caused you serious injuries. They have the knowledge, experience, and resources to protect your right to compensation. They will use every strategy possible to reduce your liability in an accident.

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indiana. We are seasoned Indianapolis personal injury attorneys who want nothing more than to recover the full and fair compensation for accident victims across Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.