5 Facts About Comparative Negligence in Indiana Personal Injury Law

June 15, 2011

If you or someone you love has been involved in Indianapolis traffic accidents, it’s no surprise if you have questions about how to deal with the aftermath. A serious accident can leave victims seriously injured with thousands of dollars in medical expenses piling up. If you have to take time off from work to recover from your injuries, you’re also losing wages.

If your accident was the result of someone else’s negligence or recklessness, the law says you are entitled to be compensated for your suffering. Knowing the ins and outs of Indiana personal injury law will prepare you for the process to pursue damages for your injuries.

Modified Comparative Negligence in Indiana

Indiana follows a modified comparative negligence – 51% fault system. While personal injury laws can be confusing, knowing these 5 facts will put you ahead of the curve when it comes to seeking compensation for your injury:

• You can still receive compensation even if the accident was partially your fault.
• You are only eligible for damages if you are less than 51% responsible for the accident.
• Your damages will be awarded based on the percentage you are at fault. If it’s determined the accident is 50% your fault, you’ll receive 50% of the value of your personal injury claim.
• If multiple parties are responsible for your accident, they will be held liable for damages proportionate to their fault.
• If you are determined to be 51% or more at fault, you may be held liable for the legal expenses of the defendants. For this reason, it’s important to speak with an Indiana personal injury attorney who deals with Indianapolis traffic accidents on a routine basis. Your attorney can assess your claim and help you determine if you have a strong chance for winning damages.

A Helping Hand from One of Our Traffic Accident Lawyers

When you have complications with your personal injury claim, one of our Indianapolis car accident lawyers can help you to alleviate some of the stress and anxiety associated with filing a claim. Our team handles cases involving Indianapolis personal injury law and can help you navigate the procedures required. In order to get back on track with your personal injury claim, download a copy of our FREE book, Consumer’s Guide for Injured Victims, and then contact one of the Indianapolis traffic accident lawyers at Hensley Legal Group for a no-cost consultation.