What is the Indiana Comparative Fault Law?
When you’re injured because of someone else’s actions, you may be entitled to compensation for your damages. However, under the Indiana comparative fault law, if you are partially responsible for the accident, your compensation could be reduced; and in some cases, you could lose the compensation, in whole. That’s why working with an experienced Indiana injury lawyer is essential to protect your rights and ensure fair treatment under this rule.
At Keffer Hirschauer LLP, you’ll find experienced and skilled lawyers who have helped countless Hoosiers recover damages to help make them whole. To speak with one the best injury lawyers in Indiana today call 317-648-9560 or fill out our online contact form to schedule a consultation.
Indiana Comparative Fault in Personal Injury Claims
Indiana personal injury claims often revolve around negligence. To understand how the Indiana comparative fault law works, it’s important to first understand what negligence is. Negligence occurs when someone fails to act responsibly, causing harm to others. Common situations where negligence can cause injuries include:
- ATV accidents
- Bicycle accidents
- Car accidents
- Dog bites
- Nursing home abuse
- Premises liability
- Slip and fall incidents
To make a negligence claim, you need to prove:
- The defendant owed you a duty of care.
- They breached that duty.
- Their breach caused your injuries.
Once negligence is proven, comparative fault comes into play. This means the court will allocate responsibility for the accident among the parties involved, determining how much each party is responsible for covering your damages.
What Does “Duty” Mean in a Personal Injury Case?
The first step in a negligence claim is showing that the defendant owed you a duty of care. A duty is simply the legal obligation to act in a way that prevents harm to others. For example:
- Drivers must operate their vehicles safely to avoid accidents.
- Property owners must keep their premises safe for visitors.
Breach of Duty: How It Works
To prove a breach of duty, you must show that the defendant acted unreasonably under the circumstances. For example, if a driver runs a red light and causes a crash, they breached their duty to drive safely. Similarly, if a property owner neglects to fix a broken step, they breach their duty to keep the property safe.
Proving Causation: How Injuries are Linked to the Defendant’s Actions
Next, you must prove that the defendant’s actions caused your injuries. There are two key tests for this:
- Cause in Fact: Would your injury have happened if the defendant hadn’t acted negligently?
- Proximate Cause: Was your injury a foreseeable result of the defendant’s actions?
If you can prove both, you’re one step closer to securing compensation.
How Indiana’s Comparative Fault Law Affects Your Damages
Once negligence is proven, the next step is to determine the damages you’re entitled to. But what if you share some responsibility for the accident? This is where the Indiana comparative fault law comes in. As outlined in Indiana Code 34-51-2, the state follows a modified comparative fault system. This means:
- If you’re 50% or less responsible for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your fault.
- If you’re more than 50% at fault, you can’t recover any damages.
For example, if you’re found 20% at fault for a car accident, you can only recover 80% of the damages awarded.
Government Claims
In some cases, such as when a government entity is involved, the rules are different. In these cases, pure contributory negligence applies, meaning if you’re even 1% responsible for the accident, you won’t receive any compensation.
Damages Available and Subject to Indiana Comparative Fault Laws
Once you establish your right to compensation, there are several forms of damages you can recover. Indiana allows the injured party to recover economic and non-economic damages for their injuries. Understanding the types of damages available can help you assist your personal injury lawyer in your case.
Economic Damages
When an injury impacts your financial situation, you are entitled to economic damages. These damages include out-of-pocket costs incurred due to an injury caused by the defendant’s actions. These monetary damages include medical expenses such as doctor visits, therapy, hospital stays, or caretakers.
Should the injury cause you to miss work, economic damages can cover lost wages, too. At times, injuries can result in a diminished or complete inability to work in the future. In such cases, economic damages can also include the loss of future earnings from reduced income due to reduced working ability.
Unfortunately, some injuries are bad enough that they require continuing, future medical treatment or a life plan that includes full-time medical care. These future costs are calculated and considered when economic damages are determined.
Non-Economic Damages
When an injury arises, the law also provides damages for the physical pain and loss in quality of life the plaintiff suffers. Loss of quality of life includes the ability to engage in the same daily activities as before the injury. These activities can consist of hobbies and the ability to interact with family, including children and grandchildren.
Wrongful Death Damages
Unfortunately, negligence can result in death, and families are entitled to recover damages for wrongful death. Wrongful death claims provide families the opportunity to recover damages for the following:
- Economic loss, including the decedent’s income and having to replace the services they provided for the family
- Sorrow and mental anguish, which may include the society, companionship, comfort, and guidance the decedent provided before their death
- Expenses for the care and medical treatment of the deceased before death
- Reasonable funeral expenses
Your Comparative Fault Attorneys in Indiana
Navigating a personal injury claim under the Indiana comparative fault law can be complex, but thankfully, an experienced Indiana personal injury attorney can help ensure you’re not unfairly penalized for your role in the accident. For help understanding your personal injury claim and how Indiana comparative fault may impacts your case, contact the Indianapolis injury law firm of Keffer Hirschauer LLP.
To begin the process of recovering damages, call 317-648-9560 or complete our online contact form. Our team stands ready to help you understand your rights, determine the damages you’re entitled to, and fight for fair compensation.
