Negligence is a legal concept in Fort Wayne personal injury cases. It sets up the legal framework to determine fault and liability if somebody sustains an injury because of the carelessness or recklessness of another party. This injury can happen in accidents like motor vehicle accidents, slip and fall accidents, and medical malpractice. If you have sustained a serious injury in an accident, reach out to a Delventhal Law Office personal injury attorney. Your attorney will walk you through your legal options and help protect your rights.
Fault Determination in Injury Cases
Having the guidance and support of a lawyer with extensive legal knowledge may be important if you suffered a serious injury in an accident. Following an accident, you probably do not understand your rights or the steps to take to pursue a personal injury claim. When an attorney reviews your claim, fault determination is an aspect to pay attention to. In a lot of accidents, there may be more than one party to blame for it. Fault is an important concern after an accident that resulted in an injury, as expenses such as property damage and medical bills mount up significantly.
An insurance adjuster may assess the share of fault of every party when they consider a settlement. If your case goes to rial, the jury should assign fault to all parties involved before they can award damages. Resolving your case and getting fair compensation may be easier if you can give evidence that shows you do not share fault for the accident. Fault determination involves considering the following factors:
- Police reports. These reports will offer an account of the accident that includes the responding officers’ observations and any citations issued.
- Witness statements. People who witnessed the accident can offer valuable information regarding how the accident took place. The statements they make corroborate or question the accounts given by each party.
- Physical evidence. In a car accident, skid marks, road conditions, and vehicle damage can provide essential clues about what happened. This evidence may be analyzed by a reconstruction expert to determine event sequences.
Understanding Modified Comparative Negligence
Under the Comparative Fault Act in Indiana, juries can assess damages based on the degree of fault for every party involved. Should you be engaged in a lawsuit you must understand this legislation and how it affects your situation.
The contribution of every party to the accident will influence the damages you can recover. However, of your fault percentage passes a specific threshold, you will be barred from seeking compensation. Indiana adopts a modified comparative negligence system. Under this system, you can only pursue an injury claim if your fault percentage is not more than 50%.
You may still be able to seek compensation or the injury you have sustained, even if you contributed to the accident. However, any compensation you get will be decreased by your percentage of fault.
Civil law in the state assigns liability in proportionate figures based on fault. Several parties may be responsible for the accident that caused your injury. The insurers of these parties may be ordered to pay compensation according to the fault amount of every party. After a serious injury in Fort Wayne, Indiana, you need to consult with an attorney to guide you through the complex legal process.
Protecting Your Interests After an Accident
Understanding the impact of comparative negligence on your claim is important as you navigate the claims process. To protect your interests, you need to document everything to have evidence to support your claim. Also, make sure to seek immediate medical attention even if you do not feel any pain or other symptoms. Another important thing to do is to consult with an attorney who can navigate the intricacies of the state’s comparative negligence system.
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