In car accident cases, Indiana uses what’s known as a “modified comparative negligence” rule to determine fault. While this term may initially seem complex, its application is straightforward.
Understanding this approach is crucial because it greatly influences the outcome of your personal injury claims and the potential compensation you may receive.
Modified comparative negligence rule
Essentially, the modified comparative rule allows you to seek compensation from another driver if they were primarily at fault for the accident. In Indiana, courts assess each party’s fault level and adjust compensation accordingly. This isn’t an all-or-nothing situation. Even if you share some blame, you can still recover damages. This holds whether the losses occurred immediately after the accident or developed over time due to sustained injuries.
It’s important to understand that if your level of fault exceeds 50%, you will be ineligible to recover any damages. These damages could include medical costs, loss of wages, pain and suffering and property damage.
The negligence rule in action
To illustrate this, consider a scenario where you are involved in a car accident. If you sustain injuries that lead to $10,000 in medical expenses, you can file a claim against the other driver for compensation. Here, the court will examine the details of the case. If they determine that you were 20% at fault for the incident while the other driver was 80% at fault, the court would reduce your compensation by your 20% share of the blame.
This would leave you with a recoverable amount of $8,000.
Determining what you can recover
It’s crucial to thoroughly understand state laws to know what you can recover after a car accident. These laws dictate the process of determining fault and the nature of recoverable damages. It also guides the calculation of compensation based on the specifics of your accident, your injuries and associated costs. Given the complexity of these, consulting with a legal professional following an accident could be beneficial.
They can help you understand the laws surrounding your case and assist you in determining your total losses, providing some relief in the stressful aftermath of a car accident.