The state of Indiana relies on its comparative negligence system when awarding damages after an Indianapolis car crash. This means even if you are partially at fault for your injuries in an Indianapolis car crash, you still may be able to receive compensation. You should contact an Indianapolis auto accident attorney for a fair and accurate evaluation of your case and to help you pursue the most compensation out of your personal injury claim.
Understanding Comparative Negligence After Your Indianapolis Car Crash
There are currently 33 states that use the comparative negligence system; however, modifying the comparative negligence system breaks down this group of states into 2 sub-categories listed below.
- Modified comparative negligence — 51% rule: The plaintiff must be 50% or less at fault for his or her Indianapolis car crash in order to be compensated for his or her injuries. Indiana follows this system, and so do Connecticut, Delaware, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.
- Modified comparative negligence — 50% rule: The plaintiff must be proven to be 49% or less at fault for a car crash in order to collect compensation for his/her injuries. States that follow this system include Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia.
Considering that proving fault can be very complicated, you should contact an Indiana auto accident attorney for help with your case. An Indiana auto accident attorney will help you gather information pertaining to your case that will help you pursue the compensation you deserve. Things can get even more complex when a drunk driver, a drowsy driver or a distracted driver are part of the accident.
Determining Compensation Under Comparative Negligence
Once you and your Indianapolis auto accident attorney have worked together to accomplish proving your fault is below the 51% line, you should be able to receive compensation for your injuries. The compensation you will be able to collect, however, will depend on your percentage at fault in the Indianapolis car crash.
For example, suppose your medical expenses, property damage and other incidental expenses totaled $100,000 after your Indianapolis car crash. If you were found to be 20% at fault, then 20% would be deducted from your damages, and you would be entitled to $80,000.
The higher your percentage of fault, the less compensation to which you will be entitled. That is why it is imperative that you to seek the legal guidance of an Indianapolis auto accident attorney to help preserve your legal rights. If you try to handle an Indianapolis car crash claim on your own, you risk taking on more fault than is fair and losing out on compensation you need and deserve at this vulnerable time.
Your Indianapolis auto accident attorney is knowledgeable of the state’s comparative negligence system and will provide peace of mind while you focus on recovering from your injuries.
An Indiana auto accident attorney also has the background and experience to determine who may be held liable for your damages and injuries from your Indianapolis car crash. Seek help now from an Indiana auto accident attorney by calling (317) 472-3333.