Indiana Negligence Laws: What You Need to Fully Understand
Did you know that slips and falls are the primary cause of worker’s compensation? In fact, 85% of worker’s compensation claims are due to employees slipping on slick or newly wet floors. If you’ve been injured due to someone’s lack of vigilance, you may be wondering if you can file a negligence claim.
But first, how do these claims operate, and are there state laws concerning how much you can receive in compensation? Don’t worry; with this guide, you can find out! From the general rules to Indiana laws, you can learn what you need to know today.
Now, are you ready to dive in? Here’s a brief look at negligence laws in Indiana:
General Negligence Rules
In the eyes of the law, negligence refers to a certain circumstance where a person owes a duty to another but fails, and because of that, failure becomes liable for any injuries that occurred. For example, a person who falls asleep at the wheel and thus, collides with another vehicle might be charged with negligence. However, the key characteristics of negligence are:
- The defendant owed a duty to another
- The duty was breached by the defendant
- Due to the defendant’s actions or failure to act, the plaintiff wouldn’t have received any injuries
- The defendant’s actions or failure to act was the primary cause of the injuries and could have been foreseen
- Due to this, the plaintiff did suffer damages
Indiana’s Negligence Laws
Indiana’s negligence laws are a little different from other states. In Indiana, there is contributory negligence or otherwise called a 51% fault system. It’s where the plaintiff must be lower than 51% at fault for the accident to file a claim. However, if a plaintiff surpasses 51%, they can not request damages at all.
A good example of Indiana’s 51% fault system is if a person failed to signal before driving into another lane then later collided with another car, they will likely find themselves partly responsible for the accident and would lose damages. A person’s percentage of fault is crucial as it directly correlates to how much a person would lose in damages. If a person is 35% at fault, then their claim is reduced by 35%.
Limiting the amount of damages can be quite cruel in some situations when a person who only faced less than half of the responsibility is faced with the cost of medical treatments, lost wages, and property damage. In fact, the average auto liability for property damage is equaled to $3,231.
Contact an Attorney Today
Filing a negligence claim can be a difficult process. After all, in Indiana, the courts assess how much fault you have in the situation then reduce your damage based on the percentage they’ve calculated. Therefore, it’s best to have a lawyer by your side to always have your interests in mind.
For more information about the negligence laws, contact us today. We look forward to helping you!