Can I File an Indiana Personal Injury Claim If I'm Partially at Fault?

Can I File an Indiana Personal Injury Claim If I Am Partially at Fault for the Accident?


With Indiana being a comparative negligence state, you can file a personal injury claim even if you are partially at fault for the accident. As long as you are no more than 50% at fault in an Indiana traffic accident, you may be entitled to recover money for your medical bills and other accident-related expenses.

If you’ve been involved in a traffic accident in Indiana, speak to an Indianapolis personal injury lawyer who can help you understand Indiana negligence laws and how they may apply to your case. Then you can determine whether you should move forward with an Indiana personal injury claim.

Understanding Your Rights Under Indiana’s Comparative Negligence

Each state follows their own negligence laws concerning when a person can file an injury claim, depending on their own actions regarding the accident. Indiana follows a modified form of comparative negligence known as the 51% rule. This means a person involved in an accident in Indiana can be up to 50% responsible for the accident and still be eligible to recover compensation; however, that amount of compensation will be reduced by the degree of fault.For example, if you were awarded $100,000 in an Indiana personal injury claim but were found 20% at fault, your award would be reduced by 20% and you would actually recover $80,000. If you were found 51% at fault or more, you would not be eligible to recover any amount of compensation. To learn more about partial fault and Indiana’s comparative negligence law, you can consult with an experienced Indianapolis personal injury attorney.

A Helping Hand from an Indianapolis Personal Injury Attorney

Following a serious accident, you should be able to focus on recovery from your injuries, and not spend your time dealing with insurance companies. While you focus on healing, let an Indianapolis personal injury attorney assist you on negotiating your settlement with the insurance company. You can relax and recover knowing that your case is being handled with a professional attorney experienced with the tactics of insurance claims adjusters.

The personal injury attorneys at Hensley Legal Group P.C. have helped Indiana residents settle many types of personal injury cases. From car accidents to surgical errors, if you or a loved one has suffered serious injury because of the negligence of another, we are here to help. Order a copy of our complimentary Consumer’s Guide for Injured Victims to learn more about your personal injury case. Contact us today for a no-cost consultation at (317) 472-3333.