Understanding Comparative Negligence

a woman on the phone after a car accidentThe process for determining negligence and liability in a personal injury case varies from state to state. Indiana follows “comparative negligence” laws, which means that the plaintiff may be held partially liable for their injuries.

Learn the specifics of comparative negligence laws and what this may mean for your personal injury case.

What Is Modified Comparative Negligence?

Indiana follows a specific type of comparative negligence laws known as “modified comparative negligence.” The legal theory of modified comparative negligence states that a plaintiff must be less than 51% at fault for the incident to file an injury claim. An attorney may help you determine whether you have a valid claim to put through the legal process.

Once your claim goes through the legal process, the court will use comparative negligence laws to analyze the details of your case and determine how much your actions and the defendant’s actions contributed to your injury. For example, if you were rear-ended on the freeway, but you failed to signal a lane change before merging, then you may be held partially responsible for your injuries. This may limit the amount you could recover.

Let’s say the court determines that you are 30% responsible for your accident and injuries. Then, if the court determines that your damages are worth $100,000, for example, you would only be able to recover $70,000.

Comparative negligence laws can greatly affect the damages you recover or determine whether you may file a claim at all. This is why it’s vital for you to work with an experienced personal injury attorney who understands these laws and can help you work around them.

At Wagner Reese, we have helped countless Hoosiers recover the compensation they deserve in a variety of personal injury cases. We know what it takes to get you the funds you deserve.

Contact Wagner Reese at (888) 204-8440 to schedule a free consultation.