What To Do if Injured By an Uninsured Driver in Indiana

Posted on December 30, 2021 by Admin

In a conventional situation, if someone is injured in a car accident, the at-fault party’s insurance company would cover much of the victim’s medical and vehicular damages. But what happens if you are injured by a driver who does not have auto insurance in Indiana?

Continue reading to learn what you need to know about protecting your rights to compensation after being hurt in a car accident by an uninsured driver.

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Uninsured Versus Under-Insured Automotive Insurance Coverage

Drivers who are at-fault for a car accident are either insured, uninsured, or under-insured. In the case that you are injured by a driver who has zero automotive insurance coverage, your best course of action would be to file a claim with your own insurance carrier.

From there, you can pursue a personal injury claim against the at-fault driver in civil court to recover the compensation paid out of your own pocket. If you are eventually given a settlement, you would likely have to reimburse your own insurance company if they gave you money for your claim.

In the case that you are injured by a driver who does not have enough automotive insurance coverage to compensate your damages, you would have to rely on your own insurance coverage to make up for the rest. Following this claim, you could then file a lawsuit (just like you would with an uninsured driver) to recover the money you spent out of pocket for your damages.

What You Can Do to Protect Yourself

Many drivers opt for Uninsured Motorist Coverage (UIM) coverage, which is additional coverage that can protect them from being injured by an uninsured or under-insured driver. In fact, some states require it, while others are required to offer it to consumers.

Collision coverage is another supplementary type of insurance that you can tack onto your existing policy for vehicular damages. Personal injury protection (PIP) insurance is another option that will provide coverage for you or your passengers’ hospital bills and medical expenses that result from a serious accident or injury.

Most insurance carries restrict the time period allotted to file an uninsured or under-insured car accident claim, usually around 30 days. So, if you are ever injured by a driver who does not have auto insurance, be sure to take action fast to protect your rights to compensation.

Always talk to a licensed Indianapolis personal injury lawyer who specializes in Indiana car accident lawsuits before taking any action in court. They have the knowledge and experience to provide accurate and personalized legal advice that best suits your needs for compensation.

Are you looking for a skilled and experienced car accident attorney in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a licensed civil litigator about the personal injuries you’ve suffered as a result of a wrongful auto accident in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you!

What are Damage Caps in a Personal Injury Case?

Posted on December 21, 2021 by Admin

In each state, there are specific statutes that govern the limits of compensation that may be awarded for damages in a personal injury claim. Continue reading to learn more about personal injury damages, including facts about damage caps and similar limitations on personal injury recompense.

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Compensation Limitations for Personal Injury Claims

State laws and various other legal principles have the ability to restrict the amount of money that can be awarded for damages in a personal injury case. These statutes vary from state to state and depend on a wide range of factors. Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages”, which include economic losses, future economic losses, and non-economic losses. See our blog, “A Brief Explanation of Compensatory, Nominal, and Punitive Damages” to learn more about these types of personal injury damages.

Economic losses may include medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, time off work, childcare expenses, home maintenance expenses, fuel costs (to and from doctors’ visits), and similar expenditures.

Types of future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more. Non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Non-Economic Damage Caps

Generally, state statutes set limits on the amount of money that can be awarded for damages in a personal injury case. These limits are known as “damage caps”, and they differ depending on the state in which the accident took place, type of injury, the scope of loss, and several other relevant factors.

Since economic damages are more concrete, there are not usually compensation limits set by the state. However, non-economic damages and punitive damages are more subjective in terms of evaluation, which is why most states integrate damage caps into the law.

For instance, it is very common practice for states to have a damage cap on medical malpractice cases. Common limits for personal injury cases can range anywhere from $350,000 to $750,000. Although damage caps exist for many personal injury cases, there are exceptions to the rule, such as in the case of wrongful death, loss of limb, and severe injuries.

Punitive Damage Caps

Punitive damages, also known as exemplary damages, are intended to punish the at-fault party, while also setting an example to the public as a deterrent for the particular negligence involved in the case. Generally, the amount of compensation awarded for punitive damages is based on the net worth or wealth of the at-fault party.

However, many states set limits as to how much a tortfeasor can be ordered to pay. These are known as punitive damage caps. States use different formulas and schedules for such caps, including fixed limits, fixed multipliers, and more. For example, a state may set a punitive damage cap at three times the amount of total economic and non-economic damages in a personal injury case.

Are you and injured victim looking for a skilled civil litigator to represent your personal injury case in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned personal injury lawyer in Indianapolis, Indiana. Meet over the phone or in person for a free consultation.

Do I Need a Personal Injury Lawyer if I’m At Fault for a Car Accident?

Posted on December 15, 2021 by Admin

If you were recently injured in a car accident, but you believe the accident was your fault, you might be confused on your rights to compensation for your personal damages. More importantly, you may not actually be to blame for the accident and should know how to protect yourself against such accusations.

Continue reading to learn what you need to know about retaining personal injury representation as an at-fault injured victim.

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Facts About At-Fault Car Accidents

In the case that you were involved in a car accident that left you seriously injured, you would be entitled to certain compensation, whether that be medical care coverage or actual recompense to cover all of your related losses and damages. But in the case that the car accident was your fault, you would also be liable for the damages and losses suffered by the other driver involved in the accident, as well as any economic losses of your own that are not covered by your insurance.

You see, as an insured driver and an individual with health insurance, you would still receive whatever benefits are included in both your auto and health care insurance policies. However, your insurance policy benefits may not be sufficient enough to cover all of the related losses and damages that resulted from the car accident. In this situation, you would be liable to pay these costs out of pocket.

Do Not Admit Fault After a Car Accident

In the case of any car accident, you should never admit fault of any kind. Even if you are sure the accident was your fault and you want to do the right thing by accepting responsibility, you should still keep hush. You might find that the accident actually wasn’t your fault once all the details are revealed.

Being involved in an accident is a scary situation that may cause you confusion, which can also cause you to misinterpret who is at fault. Get yourself the proper medical treatment you need for your injuries, and then speak to an experienced accident lawyer about settling the insurance claim for yourself and the other drivers involved in the accident.

Keep All Conversations Vague But Polite

You must not say too much, but you must be cooperative and friendly. Here’s how to do that:

Do not talk about how the accident occurred.

Do not apologize or say, “I’m sorry”, and do not make any similar statements that could be interpreted as an admission of fault.

Do not participate in any discussions about who is at fault for the accident.

Do not ask or answer questions about the accident, such as “did you not see me?” or “how fast were you driving?”

What You Should Do Either Way

Contacted trusted Indiana personal injury law firm to discuss your accident claim with the knowledgeable and skilled accident attorney who cares about your well-being. They can assess your claim and determine the best strategies for recovering compensation.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free personal injury case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. We serve clients all throughout Indiana.

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The 3 Possible Responses of an Insurance Adjuster in the Injury Claim Process

Posted on December 9, 2021 by Admin

During the personal injury claim process, an insurance company will perform a comprehensive investigation to evaluate your total damages and losses. Once this investigation is complete, the insurance adjuster will respond to your demand letter in one of three ways.

Continue reading to learn the 3 possible outcomes when dealing with an insurance adjuster, and more importantly, how to protect your rights to a full and fair settlement in Indiana.

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Insurance Adjusters are Not Your Friend

When it comes to personal injury claims, it is important to understand that insurance adjusters are not on your side. In fact, insurance companies rigorously train their adjusters in specialized tactics meant to reduce the value of a victim’s claim, and adjusters will utilize every ploy they can to achieve this goal. They will even check social media profiles, speak with witnesses, contact friends and family for character testimony, and much more. They are basically corporate investigators who aim to pay out as little as possible for a personal injury claim.

When speaking with insurance adjusters, it is important to not give up too much information. In fact, you should already be represented by an Indiana personal injury lawyer at this point in the process. A civil litigator can protect you from being taken advantage of during the insurance adjuster interview and negotiation process. Anything can be misconstrued as something valid enough to lower the value of your claim, so it is best to be under the reading of a seasoned attorney before discussing your accident and injuries with an insurance adjuster.

Demand Letters

A demand letter is something that you can send into the insurance company to demonstrate your economic and non-economic damages and losses that occurred as a result of the accident. It is used as a foundation to negotiate compensation for your hospital bills, medical expenses, lost wages, pain, suffering, and more.

Demand letters are quite complex, and critical to the overall negotiation process, which is why it vital to have a skilled Indiana personal injury law firm to arrange one for you. After receiving the demand letter, the insurance company will move forward with a full investigation of your claim. Once the investigation is over, the insurance adjuster assigned to your case will respond in one of three ways:

➀ They will offer the full amount of compensation requested.
➁ They will offer you less money than requested.
➂ They will offer zero compensation and deny your claim entirely.

Was Your Personal Injury Claim Denied?

If your claim is denied by an insurance adjuster because they allege you are the responsible party according to state laws, the first thing you need to do is contact an Indianapolis accident lawyer for help. On your behalf, they will take the necessary steps to negotiate your rights to the full and fair compensation you deserve after being wrongfully injured in an accident. If the insurance company still refuses to offer a fair settlement, they will take your case to trial.

An adjuster is not a lawyer or legal professional; they are simply insurance company employees. This means that they may have a broad idea on the law in regard to their particular job role and the cases they oversee, but they do not have detailed knowledge of the law. They cannot possibly know whether or not you are truly 100% liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced personal injury lawyer to navigate your claim.

Are you looking for a trusted civil litigator to help you recover the compensation you deserve after a wrongful accident? Contact Carl Brizzi LAW at 317-636-7497 and schedule a free case evaluation with a skilled Indianapolis Indiana pedestrian accident lawyer you can trust. Our law firm serves clients all throughout the state of Indiana.

Important Information About Birth Control Recalls

Posted on November 24, 2021 by Admin

One of the most common questions women ask about birth control is, “How effective will it be for me?” However, an even more important consideration is how it might affect your health. If you are currently taking contraceptives, whether oral, shot, patch, or intrauterine device, continue reading to learn some pertinent information regarding birth control medication recalls, as well as what to do if you have been harmed by your contraceptive medication in Indiana.

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Options For Oral Contraceptives

According to an article published on verywellhealth.com by Dawn Stacey, PhD, LMHC, the popular birth control options today range in effectiveness from 71% to 99% depending on the type. One of the most prevalent kinds of birth control are oral contraceptives, also known as birth control pills (BCP’s), which come in a packaged filled with medicated and non-medicated (placebos) pills that a woman will take every day in a particular order.

Common Causes of Birth Control Recalls

Oral BCP’s, although popular and effective, can be mixed up during the manufacturing process. For instance, the factory can put the wrong number of active and inactive pills in a package or pack the pills in the wrong order. Such errors put women at higher risk of unplanned pregnancy. This was the case in 2012 when a popular birth control pill called Introvale was recalled when a woman noticed that the placebo pills were in the incorrect row of her package. These incorrect pill products were on the market for a total of 14 months before being recalled.

Additional Birth Control Recalls:

► Norgestimate and Ethinyl Estradiol – Glenmark Generics had to recall 7 batches of Norgestimate and Ethinyl Estradiol tablets in 2012 as a result of expiration date printing errors.

► Lo/Ovral-28 and Norgestre and Ethinyl Estradiol – The pharmaceutical company, Pfizer, was obligated to recall 14 lots of Lo/Ovral-28 tablets and generic norgestre and ethinyl estradiol tablets because the packages were suspected of containing the incorrect number of active and inactive pills, as well as incorrect orders.

► Qualitest Pharmaceuticals Recalls – Qualitest Pharmaceuticals was forced to recall several birth control products back in September of 2011 as a result of manufacturing packaging mix-ups. These products included:

• Gildess FE
• Cyclafem
• Tri-Previfem
• Previfem
• Emoquette
• Orsythia

Yaz Birth Control

For years there have been concerns about the possible risks of blood clots when taking Yaz birth control pills. But despite the endless arguments and requests by consumer advocates to recall it, the FDA will not comply. Instead, they changed the labeling to warn women of the possible the risk of blood clots. As a result of the FDA’s refusal to recall Yaz, many believe there might be a class action lawsuit in the works against the manufacturer of Yaz, Bayer Pharmaceuticals.

To learn more about recalled birth control medications, visit the U.S. Food and Drug Administration (FDA) website. You may also follow @FDArecalls on Twitter or sign up to receive FDA notices of recalls via email, text, or RSS feed.

Did You Take a Recalled Medication?

If you believe you have taken a recalled birth control medication, your first step is to immediately contact your doctor for medical attention and treatment. From there, it is wise to learn your rights to compensation for the damages and losses you incurred as a result of taking recalled medication. Start by consulting with a seasoned Indiana civil litigator who specializes in product defects, recall claims, and class action lawsuits.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. Our Indiana civil litigators serve clients all throughout Indiana.

When to Notify Social Security After a Loved One’s Death

Posted on November 17, 2021 by Admin

After the death of a loved one, whether sudden or expected, families have hundreds of questions. These questions generally range from funeral planning and ceremonies to burials, obituaries, wrongful death lawsuits, and more. But one of the most common inquiries and concerns among the recently bereaved in regard to the death of a loved one involves Social Security. The legalities of death are sometimes confusing, especially while simultaneously grieving and coping with a loss, and even more so if the death was the fault of another.

Continue below to learn what you need to know about contacting the Social Security Office after the death of a family member, and what to do if a negligent party was responsible for your loved one’s passing.

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Contacting the Social Security Office

Social security must be notified of a person’s death, but many people are too emotionally overwhelmed to handle technical details like this when someone they love passes away. So, when someone dies, who should alert social security? The answer is both the funeral home hired as well as the bereaved.

Funeral directors commonly send out the initial death notification to the Social Security Office on behalf of the bereaved. In fact, they generally handle all the necessary filing for families grieving the loss of a loved one. Funeral directors are there to provide all the necessary and relevant services needed following the death of a family member, spouse, or child.

Social Security and Survivor Benefits

Once the initial death notification is sent, it is important for families to then make the effort and call themselves as soon as they can, in order to obtain and provide additional necessary information. Families must consult Social Security to see if any benefits need to be returned, or if the surviving family members qualify for Survivor Benefits.

Wrongful Death Claims

If your loved one lost their life in an accident that was not their fault, but rather, the fault of another person or entity (manufacturer, government agency, company, etc.), you may claim payments through a wrongful death claim. Aside from being secured with your loved one’s Social Security benefits and related survivors’ benefits, you may also be entitled to compensation for your damages and losses.

Some common damages recovered wrongful death claims include hospital bills, medical expenses, lost work wages, funeral and burial costs, lost inheritance, lost future earnings, lost household income, mental anguish, emotional stress, loss of companionship, loss of parental guidance and care, loss of consortium (intimacy), reduced quality of life, and even legal fees.

It is critical to hire a skilled and experienced Indiana civil litigator to represent your wrongful death lawsuit. They will fight for your right to the maximum wrongful death settlement or Social Security verdict you and your surviving family deserve.

When you are looking for a wrongful death lawyer in Indiana, trust none other than Carl Brizzi, Attorney at Law. For a free case evaluation, contact us at 317-636-7497 as soon as possible. Our Indianapolis IN wrongful death lawyers serve clients all throughout Indiana.

How to Prevent Child Injuries on Escalators

Posted on November 10, 2021 by Admin

When you think back to your younger years, you may recall your fascination with escalators. Like most children, you likely thought of them as a fun carnival ride that you never had to wait in line or pay for. But now that you are a parent, you may cringe at the thought of your children playing on a moving staircase considering how dangerous they can be for an unsuspecting youngster.

If you and your beloved brood take regular trips to malls, airports, museums, and other venues that normally have moving staircases, it is wise to learn some tips that will help keep your children protected when using them. Continue reading to learn what you can do to prevent your children from suffering escalator injuries.

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Escalator Accident Statistics in the U.S.

According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, escalator accidents result in an average of 30 fatalities and 17,000 seriously injured victims, every year. Of these injuries and deaths, many of them (arguably half, but not technically proven) are children. Unfortunately, kids do love these mechanical staircases, which is why it is important to teach them proper safety.

Escalator Maintenance and Liability

The regulations surrounding maintenance and inspection of escalators vary from state to state. Most states place the liability in the hands of the property owner, obligating them to maintain safe and functional escalators, as well as, conducting the necessary inspections and checkups to guarantee this level of safety.

Escalators and Children Safety

It is suggested by the Consumer Product Safety Commission that nearly a quarter of all escalator accidents involve injuries to the hands and feet, including trapped shoes and shoelaces. When it comes to children, this rings true in many cases. Kids have had their fingers and toes trapped in the gaps between the treads, steps, and sides of escalators. When this happens, they can suffer serious cuts, disfigurement, and maiming.

What You Can Do to Better Protect Your Children

Here are some helpful tips that will keep your family protected when using escalators and similar types of moving staircases or walkways:

Teach them to stand in the center of the step, rather than the sides. Keeping them away from the railings can help reduce the chances of getting their fingers and toes jammed inside the gaps.

Adjust or remove any loose clothing or accessories before stepping onto an escalator. Articles of clothing like scarves, long skirts and dresses, frayed hems, and more can get caught or tangled in the moving parts of an escalator.

Avoid using a moving staircase if your children are wearing flip flops, slip-ons, or other shoes that expose their toes or can easily cause tripping accidents.

If you are with very young children, such as toddlers or preschoolers, it is best to carry them when on an escalator. For older children, be sure to always hold their hand the entire time.

If your children have a fear of escalators, avoid using them altogether. Instead, opt for an elevator, standard staircase, or ramp.

Escalator Injury Claims for Children

Contact a seasoned Indianapolis personal injury lawyer for information about receiving compensation after your child has been seriously injured or killed by an escalator or moving staircase. They will tell you everything you need to know about making a child injury claim, and help you recover the full and fair compensation you deserve.

Was your child or teenager recently injured in an accident that was caused by another’s negligence or carelessness? Contact Carl Brizzi LAW at 317-636-7497 to make an Indiana personal injury claim for your child. We offer free initial consultations and never collect lawyer fees unless we prevail for you. We also do hospital and home visits for consultations.

Frequently Asked Questions About Motorcycle Accident Injury Claims

Posted on November 4, 2021 by Admin

Because riders are more exposed compared to drivers in vehicles surrounded by a steel shell, motorcycle accidents are almost always serious. Whether you are a recreational rider who enjoys weekend trips with your fellow motorists or a daily rider whose primary vehicle is a motorcycle, it is wise to review some important facts about motorcycle accidents and injury claims in the unfortunate chance that you or a loved one is ever wrongfully hurt in a motorcycle collision with another vehicle.

Continue reading to review some frequently asked questions about motorcycle accident injury claims in Indiana, including where to find trusted legal assistance after a recent event.

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Top Motorcycle Accident FAQS

What Should I Do After a Motorcycle Accident That Was Not My Fault?

As soon as you are involved in a motorcycle accident, your first priority is your health and safety. If someone has not already contacted emergency medical assistance, such as an ambulance or paramedics, try to call 911 yourself. When speaking with 911, ask to send police as well so you can make an official police report. This is a critical piece of evidence to support your innocence in the accident. If someone else contacted 911, call the police yourself and request an officer on the scene.

If you are capable, take as many pictures and videos as possible of the surroundings to document your accident. Evidence is important. Be sure to write down the other driver’s license and insurance information. It is also very wise to ask witnesses for their contact information. If you are too injured to do any of this, you can ask a bystander or police officer for help.

Seek medical treatment at the scene, and then visit your family doctor for a more comprehensive review of your post-accident injuries. In the case of severe injuries, ride with the ambulance to the emergency room and receive medical treatment there until stable.

Once you are released or in stable condition in the hospital, contact an Indiana motorcycle accident lawyer to discuss your best course of action for pursing legal action against the party who caused your motorcycle accident.

Can I Sue the Negligent Driver Who Caused My Motorcycle Accident?

There are various factors that impact a wrongfully injured victim’s eligibility for pursing legal action against a negligent driver who caused their motorcycle accident. For this reason, it is necessary to consult with a seasoned personal injury lawyer who has experience with motorcycle accident claims in Indiana. They can offer you a free case evaluation and determine your best course of action for recovering damages after being wrongfully injured in a motorcycle accident.

How Much is My Motorcycle Accident Worth?

You can gauge the value of your claim to some degree by adding up all of your out-of-pocket expenses and financial losses that directly resulted from your motorcycle accident. Known as compensatory damages, examples include hospital bills, medical expenses, and lost paychecks. Depending on the specific details of your accident and subsequent injuries, you might be awarded non-compensatory damages, also known as non-economic damages, such as pain and suffering, permanent disability or disfigurement, loss of consortium, loss of ability to perform work duties, and so forth. To know for sure how much your motorcycle accident claim is worth, you must consult with a specialized motorcycle accident lawyer in Indiana.

Can I Recover Damages for My Motorcycle Accident if I Was Not Wearing a Helmet?

This is a top question asked among motorcycle accident survivors because most areas require helmets under law. Regardless of mandatory helmet laws, motorcycle accident victims who are wrongly injured due to another driver’s negligence will be entitled to sue for damages. The helmet does not play a role in the other driver’s negligence, and therefore, should not impact the value or eligibility of the claim.

Do I Need to Hire a Personal Injury Lawyer for My Motorcycle Accident Claim?

One of the most critical elements to any personal injury claim success is adept legal representation. Not only do you need an Indiana injury lawyer to represent your motorcycle accident claim, but you need one who has extensive experience working with motorcycle accident survivors and well-versed in such cases.

Are you looking for a skilled personal-injury lawyer who can represent your motorcycle accident claim in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a specialized Indianapolis IN motorcycle accident attorney about your car accident case, today. Our lawyers and associate teams work around the clock to obtain the maximum settlement or verdict for our clients’ damages.

How to File Suit Against Someone Who Has Wrongly Injured You

Posted on October 27, 2021 by Admin

After being seriously injured because someone else caused you harm, you deserve to be supported financially through your recovery. Your first step to obtaining compensation for your damages and losses is to file suit against the person who has wrongly injured you.

Continue below for a step-by-step introduction on how to get started with a personal injury claim in Indiana, beginning with learning your eligibility.

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Learn Your Eligibility for Filing a Personal Injury Claim

Your first step to filing suit against a party who has caused you damages and losses as a result of an injury is to consult with an Indianapolis personal injury lawyer. They have the experience, knowledge, and resources to accurately assess your case and determine the best course of action for obtaining compensation for your damages.

You may be entitled to a settlement or Social Security verdict. If you were injured on the job, you should be covered by workers’ compensation insurance, unless you are a crew member of a vessel or railroad worker. In these cases, you would have to sue your employer if you are injured on the job.

Once you hire an accident lawyer to represent your personal injury claim, the rest of the process is in their hands. This means you are in good hands and only need to worry about your physical and emotional recovery.

Types of Personal Injury Damages

Damages may include compensatory losses such as hospital bills, medical expenses, lost paychecks, and similar calculable expenses. In some cases, damages might also include non-economical sufferings, such as pain, mental anguish, permanent disfigurement, loss of consortium, loss of ability to earn an income, and so forth. In cases in which the at-fault party was particularly reckless or acted with intent, you may be able to collect punitive damages, which are solely meant to punish the wrongful party for their horrendous actions or inactions.

Choosing a Personal Injury Law Firm in Indiana

There are thousands of personal injury lawyers to choose from in Indiana. But it is important to understand that not all law firms are alike. Some have more experience than others, and some are better well-versed in the type of accident you are filing suit for. Be sure to choose an Indiana civil litigator who has plenty of experience, accolades, and positive client testimonials. When it comes to collecting the maximum settlement for your claim, the right personal injury attorney will make all the difference.

Are you wondering who can represent your personal injury case best in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your personal injury claim.

What is Comparative Fault in a Personal Injury Case?

Posted on October 21, 2021 by Admin

If your accident was partially your fault, can you still bring about a personal injury claim against the other at-fault party? Continue reading to learn about shared-fault states, including facts about comparative negligence in personal injury cases and whether or not Indiana accepts and recognizes such legal principles.

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Personal Injury Comparative Fault Facts

Comparative fault, also known as comparative negligence, is a legal principle of tort law that is applied to accidents in which both parties involved are partly to blame. It states that when an accident of any kind takes place, the negligence or fault of each party is founded on their separate roles in the accident. Comparative fault principles allow insurance companies to assign fault, and therefore pay insurance claims accordingly.

Comparative Versus Contributory

Do not confuse comparative negligence for contributory negligence, also called contributory fault. These are two separate kinds of tort law principles. As mentioned, comparative fault/negligence refers to taking into consideration the fault of each party in an accident, and then using the difference of faults to assign a value to the accident claim.

Contributory fault, on the other hand, is a very strict legal principle that does not allow an injured person to collect compensation through an injury claim if they are partly responsible for their own accident. In a state that applies contributory fault, one cannot bring about a casualty claim against any other involved parties regardless of how little at-fault they are for their accident.

Very few states follow the contributory negligence system; ones that currently do include Maryland, Virginia, and Alabama (also Washington D.C.). Indiana is a modified comparative fault state.

Pure and Modified Comparative Fault

States that follow the comparative fault tort law principle will use either a pure comparative fault system or a modified comparative fault system. Under pure comparative fault, a claimant’s accident claim value will be lowered by the actual percentage of fault they are for their accident.

For instance, if a claimant is 99% to blame and damages add up to $100,000, they could recover $1000 in compensation under a pure comparative negligence system. Modified comparative negligence is a bit more lenient, as it allows a claimant to collect personal injury compensation for their damages so long as they are less than 50% at-fault for their accident.

Are you looking for a skilled lawyer who can help you recover the maximum settlement for your Indiana personal injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys, today. We take cases all throughout the state.