Personal injury cases can be complicated, particularly when more than one person may have contributed to an accident. Indiana’s comparative fault laws and how they affect personal injury cases can have a significant impact on how much an injured person may recover.
If you have been injured because of someone else’s negligence, you may be entitled to compensation. However, the insurance company or opposing party may argue that you were also partially responsible for your injuries. Understanding state comparative fault laws can help you understand how those arguments may affect your case.
Indiana follows a modified comparative fault system, which can significantly impact a personal injury claim. Under Indiana law, a person’s recovery can be reduced when they are found to have contributed to their own injuries. However, there is an important limitation: generally, a claimant cannot recover damages if their percentage of fault is greater than 50%.
For example, suppose you are injured in a car accident and suffer $100,000 in damages. If another driver is found to be 80% at fault and you are found to be 20% at fault, your recovery could be reduced by 20%, leaving $80,000 in damages. However, if you were found to be 51% at fault, you would generally be barred from recovering damages under Indiana’s comparative fault law.
Determining fault is often one of the most important parts of a personal injury case, and Indiana’s comparative fault laws guide this calculation. In a lawsuit, a jury may be required to determine the percentage of fault attributable to the injured person, the defendant, and any nonparty whose fault contributed to the injury. Indiana law requires the fact-finder to consider the evidence and allocate fault among the parties whose conduct contributed to the injury. Fault may be disputed in many types of personal injury cases. For example:
Because the percentage of fault can directly affect the amount of compensation an injured person receives, these arguments should be taken seriously.
According to comparative fault laws, being partially at fault in a personal injury case in Indiana does not necessarily mean you cannot recover compensation. For example, imagine that you are awarded $150,000 in damages but are found to be 20% responsible for your injuries. Your damages could be reduced by 20%, resulting in a recovery of $120,000.
The outcome can be very different if your percentage of fault exceeds 50%. In that situation, Indiana’s modified comparative fault rules generally bar recovery. This makes it particularly important to address allegations of comparative fault with evidence rather than simply accepting an insurance company’s assessment of responsibility.
Insurance companies have a financial incentive to minimize the amount they pay on a personal injury claim. One way they may attempt to do that is by arguing, under Indiana’s comparative fault laws, that the injured person was partially responsible for the accident or the resulting injuries.
Attorney Caleb Fleschner of Fleschner, Stark, Tanoos & Newlin explains, “Comparative fault can have a significant impact on the value of a personal injury claim. An insurance company may try to place as much responsibility as possible on the injured person, but that determination should be based on the evidence, not simply on what the insurance company says happened.”
Evidence such as photographs, video footage, medical records, accident reports, witness statements, and other documentation may be important when establishing what happened and who was responsible.
Indiana’s comparative fault law is one reason why an injured person should be cautious about making statements to an insurance company or accepting an early settlement before fully understanding the circumstances of their personal injury case.
A seemingly minor allegation, such as being distracted, failing to notice a hazard, or engaging in some other allegedly careless conduct, could become important if the other side attempts to assign a percentage of fault to you. An attorney can investigate the circumstances of the accident, gather evidence, identify potentially responsible parties, and evaluate arguments concerning comparative fault.
Indiana’s comparative fault laws and how they affect personal injury cases can be complicated, and the percentage of fault assigned to each person can significantly affect the outcome of your claim.
If you have been injured because of someone else’s negligence, you do not necessarily lose your right to compensation simply because the other side claims you were partially responsible. An experienced personal injury attorney can review the facts of your case and help determine how Indiana’s comparative fault laws may apply.
The Indiana personal injury attorneys at Fleschner, Stark, Tanoos & Newlin represent individuals who have been injured in accidents caused by the negligence of others. If you have been injured, contact our firm today to discuss your case and learn more about your legal rights.
Fleschner, Stark, Tanoos & Newlin
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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