In a car accident claim, comparative fault means you can be held partially responsible for your own injuries if you... Continue Reading
Comparative Fault Laws in an Indiana Car Accident
In a car accident claim, comparative fault means you can be held partially responsible for your own injuries if your negligence or lack of care contributed to them. For instance, if a car hits you after pulling out in front of it without signaling, you are partly to blame. Under the state of Indiana’s comparative fault law, your percentage of responsibility affects the compensation you can get in an injury claim. Contact an Indianapolis personal injury attorney for a no-obligation consultation.
How Indiana’s Comparative Fault Law Works
The comparative fault system in Indiana prohibits claimants from recovering compensation if they’re 51% or more responsible for their injuries. If you’re less than 51% responsible, your recovery is reduced according to your percentage of blame. For example, if you’re found 20% responsible for your accident, you’ll only get 80% of your award.
The lawyers at Wischmeyer Law will evaluate all the evidence in the case to determine whether you have any responsibility for your accident. The firm’s goal is to help you recover the fairest settlement possible, and we’ll work to prove that the defendant bears most of the responsibility for your injuries. Our attorneys know the following elements of negligence and can establish them to hold someone responsible for a personal injury Greenwood.
- The defendant’s duty of care: Here, a defendant has a legal obligation to exercise due care. For example, a driver is obligated to follow the law and drive safely.
- A breach of duty: Simply put, the defendant did not exercise care.
- Proximate cause: You must prove that your injury was caused by the defendant’s negligent actions.
- Injury and damages: Next, you will have to prove that you were harmed and suffered economic and non-monetary losses.
Schedule a no-obligation, no-cost legal consultation with a Franklin injury attorney today.