The insurance company blames me for the accident. Can a personal injury attorney recover compensation for an at-fault client?
Most people are involved in a car crash or traffic incident at some point in their lives, and, if you find yourself facing the aftermath of a crash, it is important to understand the specific laws in your state. Even if you are partially at fault, you may recover partial damages under Indiana law. And an experienced Indianapolis personal injury attorney is qualified to help you obtain these damages.
The 50% Comparative Fault Rule
The state of Indiana follows a 50 percent comparative fault rule when determining who is financially responsible for an accident. In many cases, that is why insurance companies initially deny or low-ball their settlement offers.
It is up to your personal injury lawyer to identify the parties responsible before filing a complaint with the court. This sounds easy but, in fact, a full investigation may be required.
Next, a judge or jury hears the facts of the accident, then assigns a percentage of fault to each party, with all percentages adding up to 100 percent. If the court finds that you, the plaintiff, is 50 percent or more at fault, you may not recover for damages. But the state of Indiana holds: a plaintiff deemed less than 50 percent at fault, would relinquish that same percentage from the judge or jury’s award.
For example, when a judge or jury finds the plaintiff 20 percent at fault, their award would be reduced by twenty percent. In Indiana, the at-fault driver’s insurance company would pay the plaintiff’s damages.
A dedicated and experienced personal injury attorney on your side
An experienced Indianapolis, IN auto accident attorney can help you through the process of filing a personal injury lawsuit, which can be stressful and emotionally burdensome, especially if you are already dealing with an injury. And you should know it is not uncommon for the injured party to be blamed by the insurance company as the cause of the accident. Your experienced accident lawyer will investigate these accusations and direct the claim accordingly. A full pre-investigation may include the following:
- An interview with the investigating officer or officers at the scene
- Interviews with identified eyewitnesses
- A complete review of photos and nearby security cameras
- An expert’s complete report on the vehicle’s black box findings
- All expert witnesses testimony, including the physician’s report
How does a personal injury attorney get paid?
Generally, an experienced personal injury attorney works for their client on a contingency basis. This means there will be no charge to you, the client unless the firm recovers on your behalf.
If you have been denied a settlement by an insurance company, call Charlie Ward at Ward & Ward Law Firm for a free consultation concerning your options. And remember, we do not get paid unless you do.
By Charlie Ward
cpw@wardlawfirm.com
Ward & Ward Law Firm 728 S Meridian St Indianapolis, IN 46225 317-639-9501
