When it comes to personal injury cases, determining fault can be a complex process. In Indiana, the concept of comparative fault is used to determine how much compensation a plaintiff may receive for their injuries. This means that fault can be attributed to both the plaintiff and the defendant, and the amount of damages awarded will be based on each party’s degree of fault.
Understanding the concept of comparative fault is important for anyone pursuing a personal injury claim in Indiana. In this article, we will explain what comparative fault is, how it is determined, and what it means for your case.
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What is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal concept that is used in personal injury claims to apportion fault between the parties involved. Under comparative fault, a plaintiff’s recovery is reduced by their own degree of fault in causing the accident.
For example, if a plaintiff is found to be 25% at fault for an accident, and their damages are assessed at $100,000, their recovery would be reduced by 25%, or $25,000. In this case, the plaintiff would only receive $75,000 in compensation.
How is Comparative Fault Determined?
Determining fault in a personal injury case can be a complicated and subjective process. In Indiana, comparative fault is determined by a jury, who will consider all of the evidence presented by both sides.
To establish comparative fault, the jury will assess the actions of both the plaintiff and the defendant, and determine the degree to which each party’s actions contributed to the accident. In making this determination, the jury may consider a wide range of factors, including:
- Speeding or other traffic violations
- Failure to obey traffic signals or signs
- Distracted driving, such as texting or using a cellphone
- Driving under the influence of drugs or alcohol
- Failing to maintain a vehicle properly
- Careless or reckless driving
If the plaintiff is found to be partially at fault for the accident, their degree of fault will be expressed as a percentage. This percentage will be used to reduce the amount of damages they can recover.
What Does Comparative Fault Mean for Your Case?
If you are pursuing a personal injury claim in Indiana, understanding the concept of comparative fault is crucial. Depending on the circumstances of your case, you may be found to be partially at fault for the accident. This could result in a reduction in the amount of damages you can recover.
It is important to note, however, that Indiana follows a modified comparative fault system. Under this system, a plaintiff can only recover damages if their own fault is 50% or less. If the plaintiff’s fault is found to be greater than 50%, they may be barred from recovering any damages at all.
Because of this, it is important to work with an experienced personal injury attorney who can help you build a strong case and minimize any potential fault on your part. Your attorney can also help you navigate the complexities of Indiana’s comparative fault system and ensure that you receive the compensation you are entitled to.
Conclusion
If you have been injured in an accident in Indiana, understanding the concept of comparative fault is essential. By apportioning fault between the parties involved, comparative fault helps ensure that damages are awarded in a fair and equitable manner.
If you are pursuing a personal injury claim, it is important to work with an experienced attorney who understands Indiana’s comparative fault system and can help you build a strong case. By doing so, you can maximize your compensation and ensure that your rights are protected.