Hundreds of accidents are reported on Indiana roads every month. Any car accident is unfortunate, but when you have sustained serious injuries and extensive losses, things can turn worse in no time. If you believe that the accident happened because of the other party’s negligence, you may want to seek compensation. For hiring, hiring an experienced car accident lawyer Fort Wayne can help. An attorney can help with your rights and ensure that you get the compensation that you deserve. For your help, there are 3 facts worth knowing about car accident laws in Indiana.
- Indiana is an at-fault state. In a no-fault state, a victim must ask for compensation from their own insurer. On the other hand, in at-fault states, victim (or the injured) can file an insurance claim with the at-fault party’s insurer, or can pursue a personal injury lawsuit.
- Indiana follows the “modified comparative negligence” rule. This means that if you have suffered losses but are also liable to an extent for the car accident, your settlement will get impacted. The settlement will be reduced by percentage of your share of fault in the accident. For example, if you were awarded $10,000 in settlement and are found to be 20% responsible for the crash, you will only get $8,000. Note – If you share of fault is more than 50%, you cannot recover anything from the other party.
- Like other states, there is a statute of limitations in Indiana too. As per the statute of limitations, you have two years to file personal injury lawsuit against the party at fault. The clock starts ticking from the date of accident. In case the accident led to the death of someone, the family can pursue the wrongful death lawsuit within two years, counting from date of death. This can be different than the date of accident.
Consult a car accident lawyer
You have to consider hiring a car accident lawyer for your case. Keep in mind that the biggest challenge in car accident lawsuits is proving liability. Your lawyer can be really handy in building the case, and if they are working on a contingency basis, it’s always an advantage. Knowing your rights and taking action in time will matter. Also, try and have enough time to decide on a personal injury lawsuit.
Ask the attorney as how much you can expect in compensation and if the whole lawsuit will be worth the effort.