How Indiana’s Comparative Fault Rule Affects Your Personal Injury Claim

Indiana follows a modified comparative fault system that can reduce or even eliminate your right to recover compensation after an accident. Here is how the rule works and what it means for your claim.

If you are injured in an accident in Indiana, one of the first questions that will arise is who was at fault. Indiana is an at-fault state, meaning the person or party whose negligence caused the accident can be held legally responsible for the resulting injuries and financial losses. However, Indiana law recognizes that fault is not always one-sided. In many accidents, more than one party bears some degree of responsibility for what happened.

Indiana addresses these situations through what is known as a modified comparative fault system, codified in Indiana Code § 34-51-2-6. Under this system, the court or jury assigns each party a percentage of fault based on the evidence presented. Your total compensation is then reduced by your percentage of fault. For example, if a jury determines that your total damages are one hundred thousand dollars but that you were twenty percent at fault for the accident, your recovery would be reduced to eighty thousand dollars.

The critical threshold under Indiana’s modified comparative fault rule is fifty-one percent. If you are found to be fifty-one percent or more at fault for the accident, you are barred from recovering any compensation at all. This is sometimes referred to as the fifty-one percent bar. It is one of the most important aspects of Indiana personal injury law because even a small shift in how fault is allocated can mean the difference between receiving compensation and receiving nothing.

It is important to document and preserve any and all evidence in a personal injury claim to support your claim. When an injury happens, gathering and preserving evidence will help your claim and help protect you from exceeding the fifty-one percent threshold. Police reports, witness statements, photographs of the scene, medical records, and any other evidence from the scene all play a role in establishing how fault is allocated. It is also important to understand that Indiana’s comparative fault rule applies not only to car accidents but to a wide range of personal injury claims, including slip-and-fall incidents, dog bites, etc. One exception is workplace injuries, which are controlled by worker’s compensation laws in Indiana. In any situation where the defendant argues that you share some responsibility for your injuries, the comparative fault analysis will come into play.

If you have been injured in an accident and are concerned about how fault may be allocated, the personal injury attorneys at McNeelyLaw can evaluate your case and help you understand your rights under Indiana’s comparative fault system. Contact us today for a case evaluation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.