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Car accidents often result in outcomes that detrimentally impact your livelihood, quality of life, and the normal day-to-day routine that many people take for granted. When car accidents create new and potentially debilitating injuries, the rehabilitation and recovery involved is often difficult physically, mentally, emotionally, and financially.
Indiana operates on a comparative fault rule, entitling an injured person to recover even if he or she was partly at fault - provided the injured party is less than 50% at fault. Instead, if a party is partly at fault, the amount of their recovery is reduced by the amount of their fault. For example, if a party is found 25% at fault, the amount of a damage award would be reduced by 25%. Under the Comparative Fault Act, actions which can reduce a damage award or otherwise reduce or eliminate liability include “any act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. Fault further includes unreasonable assumption of risk not constituting an enforceable express consent, incurred risk, and unreasonable failure to avoid an injury or to mitigate damages.” Ind. Code 34-6-2-45(b).
Medical bills and expensive repairs can quickly mount after a car accident, making settlement offers by insurance companies seem appealing at first. Be wary, though - often an early settlement offer may only include a portion of the physical damage to your car or just the earliest medical bills you have received. Speak to one of our attorneys today who will work with you to pursue an outcome that meets all of your needs, including injuries, future medical costs, property damage, and other costs.
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