Understanding Comparative Fault in Indiana Personal Injury Cases

If you've been injured due to someone else's negligence, you might assume the other party is entirely responsible for your damages. However, under Indiana law, the concept of "comparative fault" can significantly impact your case and the amount of compensation you ultimately receive. At Pathway Legal Group, we believe in educating our clients so they can make informed decisions. Here’s what you need to know about comparative fault in Indiana.

What is Comparative Fault? Comparative fault is a legal doctrine used to allocate damages when more than one party is responsible for an accident. Indiana follows a "modified comparative fault" system, specifically a 51% bar rule. This means you can still recover damages as long as you are not more than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.

How Comparative Fault Works For example, suppose you are awarded $100,000 in damages after a car accident. If you are found to be 20% at fault for the accident, your compensation will be reduced by 20%, and you would ultimately recover $80,000.

If you are found to be 51% or more at fault, Indiana law bars you from recovering any compensation.

Determining Fault Several factors come into play when determining fault:

• Police reports

• Witness statements

• Accident scene photographs

• Expert opinions (e.g., accident reconstructionist)

• Statements from involved parties

Insurance companies often conduct their own investigations and may attempt to shift more blame onto you to minimize their payout. This is one reason why having an experienced personal injury attorney is crucial.

How Comparative Fault Affects Different Types of Personal Injury Claims Comparative fault doesn’t apply just to auto accidents. It is also a key consideration in:

• Slip and fall accidents

• Motorcycle accidents

• Trucking accidents

• Pedestrian accidents

• Defective product cases

• Workplace injury claims

Each case has unique elements that require careful analysis to protect your right to compensation.

What Should You Do If You Are Being Blamed? If you are being blamed for an accident in which you were injured, you must act quickly to protect your rights:

• Avoid giving detailed statements to insurance adjusters without consulting your attorney.

• Gather as much evidence as possible.

• Contact an experienced personal injury attorney who understands Indiana’s comparative fault laws.

How Pathway Legal Group Can Help At Pathway Legal Group, we have nearly a decade of experience defending insurance companies, which gives us unique insight into how they handle claims and assess fault. Now, we use that insider knowledge to fight for accident victims throughout Indiana. We know the strategies insurers use and how to counter them effectively to maximize your compensation.

If you’ve been injured and fault is being disputed, don’t leave your future to chance. Call Pathway Legal Group today at (317) 588-7400 for a free consultation. We proudly represent clients across all counties in Indiana, and we are ready to help you navigate the path to recovery.