Comparative Fault in Indiana: How It Can Affect Your Injury Claim

When you’re injured in an accident, one of the most important factors that determines the value of your claim is fault.  In Indiana, fault is not always black and white.  The state follows a legal doctrine known as modified comparative fault, which directly affects your ability to recover damages.

What Is Comparative Fault?

Comparative Fault means that more than one party including you, can be held responsible for an accident.  Instead of one person being 100% at fault, Indiana law allows a jury to assign percentages of fault to everyone involved.

Under Indiana Law, if you’re found to be 50% or less at fault, you can still recover damages but your award will be reduced by your share of the blame.  However, if you’re 51% or more at fault, you are barred from recovering any compensation at all.

Why This Matters to Your Case

Let’s say you were injured in a car crash and your total damages (medical bills, lost wages, pain and suffering) amount to $10,000.  If the insurance company or a jury finds that you were 20% at fault because you were speeding, your compensation would be reduced to $80,000. On the other hand, if you’re determined to be 60% at fault, you would receive nothing.

This system makes it essential to present clear, credible evidence to minimize any blame placed on you.  Insurance companies often try to use comparative fault to reduce the value of your claim.  Without skilled legal representation, you might unknowingly say or do something that puts your recovery at risk.

How an Attorney Can Help

An experienced personal injury attorney will gather evidence, work with experts, and challenge any unfair attempts to shift blame onto you.  The goal is to maximize your compensation and protect your rights under Indiana’s comparative fault rules.

Final Thoughts

Fault isn’t always straightforward, and how its divided can make or break your case.  If you’ve been injured in an accident in Indiana, it’s critical to speak with an attorney who understands how comparative fault works and how to fight back against attempts to use it against you.