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Can I file a lawsuit if I am partially at fault?

General FAQs

In Indiana, even if the accident is partially your fault, you can still make a successful claim. Indiana operates under a principal called comparative fault, and comparative fault means that eventually a jury, if you had a trial, would decide the percentage of fault that the Defendant has for the accident and the percentage of fault that you have for the accident.

Then the Defendant’s percentage is multiplied by the total damages you have suffered, and the result of that multiplication is the amount of money that you would receive. For example, if you have total damages, medical bills, pain and suffering, wage loss, that adds up to $50,000.00, and the Defendant is 90% at fault and you’re 10% at fault, then the verdict would be 90% of $50,000.00 which would be $45,000.00.  If it’s 50-50, then the Defendant is 50% at fault, the Defendant would owe you $25,000.00 for your case.  However, if you’re 51% at fault or more, then you cannot recover in Indiana.

You can win even though you are partially at fault.  It just depends on what percentage your fault is compared to the fault of the person or the company who caused your injuries. Oftentimes, during the free case evaluations, we’ll go over this information with you and try to assess fault and damages early in the case. One thing we want to avoid is going to trial and the jury finds our client more than 51% at fault. In that case, no one recovers. You won’t get anything and neither will the attorney. Contact us to learn more.

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