It’s important to note that Indiana is not a “pure” comparative negligence state, which means that there are limits.
If you’ve been involved in an Indiana car accident, you might have heard the term “comparative negligence.” But what exactly does that mean, and why is it important from a legal standpoint? This concept may be particularly important to understand if you’re pursuing a personal injury lawsuit, as it can affect your ability to recover a settlement. And as we all know, settlements can be incredibly important as you strive to pay for your medical bills, cover your missed wages, and much more.
The good news is that you can get in touch with a qualified, experienced accident attorney to approach this situation in an effective manner. These legal professionals have a firm grasp on how comparative negligence works in this state, and they can guide you towards a positive legal outcome in the most efficient way possible. This makes getting hold of the settlement you need and deserve much easier.
What is Comparative Negligence?
Essentially, a system of comparative negligence allows you to recover compensation for your injuries even if you were partly to blame for your car crash. For example, you might have been texting and driving at the time of your accident. Perhaps you were traveling a few miles above the speed limit. Instead of preventing you from receiving any compensation, these acts of misconduct merely limit how much money you can receive.
So how much will these acts of misconduct cost you? It depends on the degree to which they contributed to the accident. Your decision to text and drive might make you 25% liable for your own accident, so you would then only receive 75% of your settlement. Traveling a few miles above the speed limit might make you 10% liable, which would result in a settlement 10% less than the normal amount. The point is, you can still receive a settlement under this system.
Indiana’s Modified Comparative Negligence Laws
It’s important to note that Indiana is not a “pure” comparative negligence state, which means that there are limits. If you are more than 50% responsible for your own injuries, you cannot pursue compensation. This is known as a “modified” comparative negligence system. While you may be disappointed to learn that it is not a “pure” system, you still have the ability to recover a considerable settlement after an accident. However, it will be very important for you to prove that your own actions were not the primary cause of the crash. An attorney can certainly help with this.
Enlist the Help of a Qualified Attorney Today
Although searching for a qualified accident attorney in Indianapolis can be a bit difficult, it is well worth the effort. Choosing the best legal professional you can find is always a solid choice, as these professionals can help you recover a considerable financial settlement for your damages. With their help, you can overcome any issues associated with comparative negligence. Book your consultation today.
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