Indiana Auto Accident Lawsuits: Expert Advice
UPDATED: February 19, 2020
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Indiana auto accident cases use a legal theory called comparative fault. While there are different variations of comparative fault, Indiana uses a variation that allows an injured person to collect damages as long as they are not over 50% at fault. Determining this can be a challenge ï¿½ especially if you don't have an experienced attorney on your side.
Answers from Attorney Marc S. Sedwick
Marc S. Sedwick, an experienced personal injury attorney licensed in Indiana and Kentucky who also worked in the insurance industry for many years, sat down with us to explain some of the finer points of how auto accident cases are handled in the state and provided the following answers to our questions:
What is comparative fault?
Comparative fault means that fault is apportioned to the plaintiff, defendant and possibly an entity called a 'non-party' ï¿½ a person or entity that the plaintiff did not sue but could have apportioned fault to it, such as an employer or a party that the plaintiff's attorney has voluntarily chosen not to sue based on strategy reasons. A jury will be asked to apportion fault among the plaintiff, defendant and the 'non-party' (if any) once all the parties are known. As long as the plaintiff's fault is at or below 50%, the plaintiff recovers that specific percentage of their damages.
What are the requirements for a victim of an auto accident to sue in Indiana?
There are no minimum requirements for a victim of an auto accident to sue for damages.
What limitations do auto accident victims face in Indiana?
Except for punitive damages, which are limited to the lesser of $50,000 or three times the jury's award of compensatory damages, there are no recovery imitations in seeking damages for personal injuries due to an automobile collision. However, all bodily injury damages, except for pain and suffering, must be supported by medical expert testimony.
When should you contact an attorney?
While you do not always need to contact an attorney after an accident, often times you should. Insurance companies have experienced claim professionals working on their side and often times, you should also engage the services of an experienced legal professional to represent your interests.
If you've been in an auto accident and click here to speak with an experienced Indiana auto accident attorney whose practice focuses in this area of the law.