• Car Accident
• Social Security Disability
• Medical Malpractice
• Car vs. Commercial Truck Accidents
• Construction Accidents
• Dangerous Prescription Drugs
• Dog Bites
• Motorcycle Accidents
• Pedestrian & Bicyclist Accidents
• Slips and Falls

Library

Comparative Negligence and Your Indiana Personal Injury Case (Part B)

Under comparative negligence laws - a version of which is followed in connection with Indiana personal injury actions - an injured person may collect compensation even if he or she contributed in the case of Indianapolis traffic accidents.

Some states use a pure comparative law, which will allow recoveries even if the plaintiff is responsible for up to 99% of the accident. Other states use a modified version of the comparative negligence laws - the 50% bar and 51% bar. Under the 50% bar modification, the plaintiff may only collect damages if he or she is less than 50% responsible for the accident. For the 51% bar modification, damages may only be rewarded to the plaintiff if he or she is found to be less than 51% responsible.

Comparative Negligence and Indiana Personal Injury Law

Indiana employs a modified comparative negligence 51% structure. Under this system, you may be compensated for damages and injuries even if you are partially responsible for the accident, as long as you are less than 51% responsible for the accident. However, your financial recovery will be reduced by the percentage you are determined to be at fault, as decided by a judge or jury.

For instance, if you have a $100,000 claim for medical expenses and damages, and you are found to be 25% responsible for the cause of the accident and the other party is found to be accountable for the remaining 75% of the blame, the judgment will be that the other party owes you $75,000 for their portion of your damages. If you're 50% responsible, you could recover half the amount of your damages, or $50,000.

However, if it's determined that you are 51% responsible for the accident that caused your injuries, you will not be rewarded any damages, and may be held liable for the legal expenses of other parties involved.

Help From an Indianapolis Personal Injury Attorney After Indianapolis Traffic Accidents

When you have complications with your Indiana personal injury claim, an attorney who handles traffic accident cases can help you to alleviate some of the stress and anxiety associated with filing a claim. In order to get back on track with your Indiana personal injury claim, order a copy of our FREE book, Consumer's Guide for Injured Victims, and then contact a personal injury attorney at the Hensley Legal Group for a no-cost consultation - 888-505-8232.

Eight Mistakes to Avoid When Filing For Social Security Benefits

see all books

Get Help Now

Connect With Us