Hablamos Español

Can I Sue If I Was At Fault For a Car Accident in Indiana?

Comparative Fault Lawyer Indiana

If you were at fault for a car accident in Indiana, you might be wondering if you can sue the other driver for damages. The answer is not a simple yes or no, but it is possible to seek compensation under certain circumstances. Before the Indiana Comparative Fault Act, juries used the law of contributory negligence to decide all cases. This meant that if the plaintiff was even slightly responsible for the accident, they couldn’t recover damages. This approach often led to harsh outcomes for plaintiffs who suffered injuries or property damage, even if the other party bore most of the blame.

The Indiana Comparative Fault Act changed the state’s legal landscape by allowing plaintiffs to seek damages even if they were partially responsible for the accident. Under this act, fault is divided between the parties involved in the accident. Each party’s degree of fault is determined, and their recovery of damages is limited based on their percentage of fault.

For example, if you were driving above the speed limit and collided with another car that failed to yield, you might be found 40% at fault, and the other driver could be 60% at fault. In this case, you could recover 60% of your damages from the other driver, even though you were partially responsible.

In Indiana, the state has a modified comparative negligence system, which is also known as a “51% fault” system. This means that to be eligible to pursue a personal injury claim, you need to be less than 51% at fault for the accident. If you are found to be more than 50% responsible for the accident, you won’t be able to recover damages.

The Indiana Comparative Fault Act allows a plaintiff to seek damages even if their actions slightly contributed to the accident. Thanks to this act, injured individuals can get the financial compensation they need to repair property damage or recover from an injury.

However, it is essential to note that the comparative fault system can be complicated, and it is often necessary to consult an experienced accident attorney to understand your legal rights fully.

If you have been found partially at fault in an auto accident and have been injured, contact Hurst Limontes today to discuss your options. We have decades of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.

Call 317-636-0808 or email us for a FREE and confidential consultation.

Contact Us For a Free Consultation Fill out the form below to receive a free and confidential initial consultation.


    This site is protected by reCAPTCHA. Google’s Privacy Policy and Terms of Service apply.

    FAQs
    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

    Case Worth

    As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

    Why Hire?

    Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

    Medical Bills

    If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of Hurst Limontes LLC and learn if we may be able to help.

    Recovery

    After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney