Determining fault in an accident is vital for any personal injury claim but oftentimes, multiple parties are found to be at-fault, which can complicate matters. Indiana is one of 33 states that follows the modified comparative fault rule, which says that if a person’s contributory fault in an accident is greater than the combined fault of the other parties, that person cannot recover damages.

However, if someone is injured and found to be at-fault to a lesser degree or equal to the other party, they can still pursue a personal injury claim. In this scenario, the award amount will be reduced by the percentage of fault assigned. For example, if a court determines that an injured party is 20% at-fault for an accident and the total damages are $20,000, they would be awarded $16,000, reflecting a 20% reduction.

Under the law in Indiana, individuals cannot recover compensation if they are found to be 51% or more at-fault.

Indiana’s modified comparative fault rule, which stems from comparative fault law, promotes a fairer distribution of damages by considering each party’s contribution to an accident. It enables individuals to seek compensation even when they share some responsibility for their injuries, provided their fault does not exceed that of the other parties combined. This system aims to ensure appropriate compensation for the injured, while acknowledging their role in an accident.

The comparative fault system can be complex, and consulting with an experienced personal injury attorney is vital to understanding your legal rights and options.

If you have been assigned partial fault in an accident with injuries, contact Hurst Limontes to discuss your options. With decades of combined experience in personal injury claims, we fight for our clients and work on a contingency basis, meaning there is no cost unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or email us by using the contact form below for a free and confidential consultation.