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  • Writer's pictureRobert Schuerger II

What If My Personal Injury Was Partially My Fault? | Indiana Personal Injury Lawyers

Personal injuries can be devastating. Victims are often left reeling, and pursuing compensation is one of the only ways to begin the healing process. However, many ask the question, "What if my personal injury was partially my fault?"


The truth is that this can change things, so understanding what the law has to say is imperative. This article will shed some light on the matter to help claimants understand the legal repercussions of being partly to blame for an accident.


When Do Shared Fault Scenarios Arise?

When Do Shared Fault Scenarios Arise?


Scenarios where multiple parties share fault can arise in a variety of circumstances. Motor vehicle accidents commonly see more than one responsible party. If one driver was speeding, but the other failed to yield the right of way, this could result in shared fault.


However, car crashes aren't the only instances where people share the blame. Slip and fall incidents, where the property owner failed to conduct repairs, but a patron ignored warning signs, might also result in both parties being at fault.


Understanding Indiana's Modified Comparative Fault System


Each state has its own negligence statutes governing the details surrounding personal injury claims. Indiana applies a modified version of comparative negligence, which is sometimes referred to as the 51 percent rule. This system aims to hold each party liable for their own actions, encouraging them not to repeat them.


According to this rule, a claimant can be attributed up to 50 percent of the blame for the accident and still be entitled to recompense. However, according to the comparative negligence system, the amount of compensation they receive will be lowered based on their percentage of responsibility. 


If, for example, Johnny was in a car accident and was 20 percent responsible for the resultant damages. His losses amounted to $20,000, but he will only be able to recover $16,000 in total because he was partly to blame.


Determining the Degree of Fault in Such Personal Injury Cases


Calculating the degree of fault can be challenging. Several elements are used to determine culpability in a personal injury accident. Evidence, such as eyewitness testimonies, photographs, video footage, police reports, and more, can be used to determine who was at fault.


Several people might be considered responsible for what happened, and it's important that claimants understand that just because they did something wrong, they are fully to blame. 


Eyewitness testimonies are critical for determining what happened, so victims are encouraged to approach possible eyewitnesses who can provide vital evidence to back up their claims.


In rare circumstances, specialists can be hired to reconstruct the accident based on the information supplied, demonstrating how it would have happened and how each individual was engaged.


An Indiana personal injury attorney in Indianapolis can be vital in helping claimants determine liability and ensure that they are able to recover maximum compensation to cover their damages.


Dealing with an Insurance Company


The reality is that insurance companies are businesses and must make a profit. To do this, they go the extra mile to avoid having to pay victims following car accidents, medical malpractice workplace accidents, and more.


Suppose a claimant is partly to blame for a motor vehicle crash. In that case, there's no doubt that the car insurance companies involved will try to guilt the person into retracting their claim or admitting fault.


This is why it is important to hire a reliable attorney when filing a personal injury claim or dealing with an insurance company, as advocates will ensure that the rights of their clients are protected. Doing so can help to ensure that the claimant receives the amount they are rightly due. They can also help with explaining the catastrophic injury legal definition.


Strategies to Employ When Fault Is Shared in a Personal Injury Case

Strategies to Employ When Fault Is Shared in a Personal Injury Case


Personal injury lawsuits in which multiple parties are at fault can be complex, and obtaining compensation for damages like lost income and medical expenses can be challenging.

Here are some of the strategies that can be used in such scenarios:


Collect Evidence

It is important to gather evidence, both at the scene and following the accident. Even if a person is filing a claim with their own insurance company, it helps to have proof of what happened.


Eyewitness testimonies, surveillance footage, and photographs taken at the scene, along with medical bills, proof of lost wages, and more, can help to strengthen a case and ensure that a person who is partly to blame receives a fair settlement.


Hire an Experienced Attorney

Enlisting the help of a reliable personal injury lawyer when partly to blame for an accident that resulted in injuries is imperative. Claimants will need to prove that the other party carries most of the blame and can be held responsible for most of their damages.


Personal injury lawyers can provide critical assistance by hiring expert witnesses and scene reconstruction specialists and helping victims navigate the complex legal system. Schuerger Shunnarah Trial Attorneys are ready to go to war for claimants to ensure the best possible outcome.


Negotiations

Legal representatives will negotiate with the other parties involved, insurance companies, and others to try and reach an amicable agreement. Experienced attorneys will use a tactical approach to ensure that their client receives a fair amount. They can also provide insight to questions like can I hire a personal injury lawyer from another state?


However, they are also not afraid to take the case to court to ensure that their client isn't treated unfairly despite being partially at fault.


Final Thoughts


Many people who were involved in an accident believe that they cannot file an Indiana car accident claim if they share the blame. However, this is simply not the case.


Understanding comparative fault rules is critical in personal injury-related cases where the fault is shared. An experienced personal injury attorney in Indiana can help claims ensure that their rights are protected and that they are able to secure the compensation they rightly deserve, even if they share some of the blame for their injuries.


The personal injury lawyers at Schuerger Shunnarah Trial Attorneys use their knowledge and resources to help their clients recover fair compensation, reconstruct their lives, and move on with their lives.


Claimants can contact the firm to learn more or schedule a FREE consultation to discuss the details of their personal injury lawsuit.

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