What Is Indiana’s Comparative Fault Rule?

Recovering from an accident is often a challenging process, but one of the most critical steps toward moving forward is understanding who is at fault. Proving how the accident happened and who was responsible not only helps establish accountability but also can be used to determine the compensation you may be entitled to receive. Indiana’s comparative fault rule is designed to address situations where more than one party bears responsibility for an accident. However, this rule can sometimes complicate personal injury claims, making it vital to understand how it works and how legal representation can help. Paul Rossi Law Offices helps individuals like you navigate the uncertainty following an accident.

What Is Comparative Fault?

Comparative fault is a legal concept that applies when multiple parties share responsibility for an accident. Rather than awarding the full damages to a single party, the concept allows courts and insurance adjusters to allocate fault among everyone involved, including the injured individual.  

For example, if you suffered injuries in a car accident but were found to have contributed to it, such as by speeding. Indiana’s comparative fault system will lower the compensation by the percentage of fault assigned to you.  

How Does Indiana’s Comparative Fault System Work?

Indiana follows a “modified comparative fault” system, which has specific rules for assigning and calculating fault in personal injury claims.  

The 51% Bar Rule

Under Indiana law, you may recover compensation as long as your share of the fault is less than 51%. If you are found to be 51% or more at fault, you will be barred from recovering any damages. This system prevents individuals who are primarily responsible for their injuries from attempting to recover compensation.  

Adjusted Compensation Based on Fault

If your percentage of fault is less than 51%, the damages awarded to you are reduced accordingly. Here’s a breakdown of how it works in practice:

• Example 1: If you were found to be 20% at fault and the total compensation for your damages is $100,000, you would receive $80,000 (a 20% reduction for your share of fault).
• Example 2: If you were found to be 50% at fault, you would recover only 50% of your total compensation.  

Multiple Defendants

When an accident involves multiple parties sharing responsibility, each defendant is held responsible for their respective share of the damages. For instance, if one party is deemed 30% responsible and another 20%, both would contribute according to their assigned percentage of fault.  

How an Attorney Can Help Prove Fault

Navigating Indiana’s comparative fault system can be complex, especially when multiple parties or insurance companies are involved. Partnering with a personal injury attorney can make all the difference by ensuring accurate fault assessments and protecting your claim for compensation.  

Here’s how the attorneys at Paul Rossi Law Offices can assist you:  

• Collecting Evidence: An attorney will gather essential evidence such as police reports, medical records, eyewitness statements and accident scene photos to establish liability.  
• Rebutting Fault Assignments: If another party or their insurance company attempts to unfairly assign you a higher proportion of fault, your attorney can challenge these claims using evidence and legal strategy.  
• Maximizing Compensation: By demonstrating that the defendant(s) share the majority of the responsibility, attorneys can help maximize your settlement or court award.  
• Navigating Legal Complexities: Comparative fault cases involve detailed legal arguments and negotiations, which a skilled attorney can handle on your behalf.  

Seek the Compensation You Need to Recover

Indiana’s comparative fault rule can greatly impact the compensation you receive after an accident. Ensuring a fair assessment of fault requires clear evidence, strategic planning, and often, legal representation. At Paul Rossi Law Offices, we are committed to advocating for a fair resolution. Contact us today to schedule a consultation.