Comparative Fault
When accidents occur and someone is injured, determining fault is crucial for deciding how compensation will be distributed. In Indiana, the state follows a legal principle known as comparative fault, which plays a key role in personal injury cases. This law can have a significant impact on the amount of compensation an injured party can receive and whether they can collect damages at all. If you’re involved in an accident in Indiana, it’s important to understand how this law works.
Here’s what you should know about Indiana’s comparative fault law and how it could affect your personal injury claim.
What Is Comparative Fault?
Comparative fault is a legal doctrine that assigns responsibility to each party involved in an accident based on their level of fault. This means that if both parties contributed to the accident, their compensation will be reduced according to their share of the fault.
In Indiana, the specific type of comparative fault used is called “modified comparative fault.” Under this system, an injured party can recover damages as long as they are less than 51% at fault for the accident. However, if the injured person is found to be 51% or more at fault, they are barred from recovering any damages.
For example, if you are in a car accident and found to be 20% at fault, your compensation would be reduced by 20%. If your total damages amount to $10,000, you would only be able to recover $8,000 due to your share of the fault.
How Fault Is Determined
Determining fault in an accident can be complicated, and it’s usually based on evidence such as police reports, witness statements, and any available video footage. Insurance companies, lawyers, and the courts will examine this evidence to decide how much fault each party bears.
In some cases, fault can be shared by multiple parties, and this is where Indiana’s comparative fault law comes into play. It’s important to work with an Indianapolis, IN personal injury lawyer who can help gather evidence to show that the other party was primarily at fault. This can make a significant difference in the outcome of your claim, particularly if the percentage of fault assigned to you is being disputed.
Impact On Personal Injury Claims
Indiana’s comparative fault law affects a wide range of personal injury claims, including car accidents, slip and fall cases, and medical malpractice. In any of these cases, the amount of compensation you receive will depend on how fault is allocated between the parties involved.
For instance, in a slip and fall case, if it’s determined that the property owner was 80% at fault for not maintaining a safe environment, but you were 20% at fault for not paying attention to a posted warning, your compensation will be reduced by 20%.
Additionally, if your fault is found to be greater than 50%, you will be barred from receiving any compensation under Indiana’s modified comparative fault rule. This is why it’s crucial to carefully present your case and minimize your assigned level of fault.
What To Do If You’re Involved In An Accident
If you’ve been injured in an accident and believe the other party was at fault, it’s important to act quickly. Document the scene of the accident as best as you can, take photos, and gather witness information if possible. Seeking medical attention is also crucial, as it not only ensures your health but provides important documentation of your injuries.
After an accident, consulting a personal injury lawyer is one of the best steps you can take to protect your rights. They can help gather evidence, work with other professionals, and negotiate with insurance companies to ensure that the fault assigned to you is accurate and fair. Attorneys like those at Ward & Ward Personal Injury Lawyers can guide you through this process and help maximize your chances of a successful claim.
