Comparative negligence can affect your personal injury claim in Indiana.
Comparative negligence is more of an umbrella term for 3 types of negligence laws—pure comparative negligence, modified comparative negligence 51% rule and modified comparative negligence 50% rule. Your Indiana car accident attorney is required to approach your Indiana injury claim under the modified comparative negligence 51% rule.
Although the 3 types of comparative negligence laws are very similar, it’s imperative to know the difference, which is where your Indiana car accident attorney comes in. Depending on the state in which you live, just one percentage point could make the difference and you’ll lose compensation that you may have been able to receive.
Pure Comparative Negligence
Thirteen states (Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington) comply with a pure comparative negligence law.
Under pure comparative negligence laws, you can actually be up to 99% at fault for your accident and still seek compensation from another party. Indiana’s modified comparative negligence laws are a bit different.
Modified Comparative Negligence
While a number of states follow the modified comparative negligence 50% rule, which only allows you to be 49% or less at fault to seek any compensation, your Indiana car accident attorney will tell you that Indiana’s laws allow for a bit more leniency in this regard.
In addition to Indiana, there are 20 other states that abide by modified comparative negligence law, following a 51% rule.
If you’ve been in an accident and you’re filing an Indiana injury claim, your Indiana car accident attorney is required to follow the modified comparative negligence law. This means your Indiana car accident attorney must prove your fault to be 50% or less. If you prove to be 51% or more at fault for your accident, you will not be able to seek any compensation. If you’re able to receive compensation, the value of your injuries and damages will be reduced by your percentage of fault.
For example, if your injuries and damages are worth $10,000 but you’re 50% at fault for the cause of your accident, you will receive $5,000.
It’s often difficult to determine who’s at fault for your accident and the value of your injuries and damages. And considering fault is often determined by insurance adjusters, who have their own company’s bottom lines at heart (and not necessarily the settlement you truly need to move forward with your life) you may want to know you have someone in your corner.
That’s why it’s necessary to contact an Indiana car accident attorney to help you receive the compensation you deserve while complying with the modified comparative negligence law.
