Can I File a Claim If I Was Partially at Fault?

If you have suffered injuries after an accident in Dyer, IN, you may be able to claim compensation. A personal injury lawyer can help you file a claim to recover your losses. This can include economic losses as well as pain, suffering, and other non-economic damages. However, if you were partially at fault for the accident, different rules may apply that reduce the amount of damages you can claim.

What Happens If I Am Partially at Fault for an Accident?

Indiana follows modified comparative negligence laws that permit compensation claims for anyone found to be less than 51% at fault. This is often referred to as the “51% rule.”

If you are found to be 51% or more at fault, you will not be able to file a claim for damages, regardless of how serious your injuries may be. At the start of a claim, you will not know what percentage of fault will be attributed to you. For this reason, it’s essential to consult an experienced attorney who can help prove the other party bears greater responsibility.

Will I Receive the Same Amount of Compensation?

The final settlement awarded will reflect the extent of your responsibility, if any. The payout will be reduced by the corresponding percentage of fault that’s attributed to you. For example, if you are found to be 30% at fault for an accident, your compensation will be reduced by 30%. This is why determining an accurate degree of fault is so important in a claim.

Punitive damages are an exception to this rule, although they are rarely awarded. Unlike compensatory damages, punitive awards serve to punish the defendant. A court will typically award punitive damages only where there is proof that the other party deliberately and intentionally engaged in unlawful conduct, with the knowledge that it was likely to result in injury. If punitive damages are awarded, they will not be reduced to reflect fault.

How Soon Should I Consult a Personal Injury Lawyer?

It’s strongly advisable to consult a personal injury attorney as soon as possible. This is because insurance companies often exert pressure on injured parties to accept a greater proportion of the blame than is fair. As described above, this will have a direct influence on the amount of compensation you will receive.

An attorney can negotiate with the insurer on your behalf, presenting the strongest possible case. If you are unable to reach a fair agreement, an attorney can help you to file a lawsuit. Hiring an attorney early in the process can help you handle the insurance claim in the most effective way. It will also provide your attorney with the opportunity to gather evidence while it is fresh.

With more than 10 years of experience in personal injury, we are proud to serve clients throughout Northwest Indiana including Dyer, Merrillville, St John, and Schererville. Contact our office today at Tanzillo Stassin & Babcock P.C. in Dyer, IN to schedule a free, initial consultation.

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