Indiana Is a Modified Comparative Fault State

Many states use the term “comparative fault” to describe part of the court process regarding responsibility. Indiana is not a true comparative fault state. Indiana is a modified comparative fault state meaning that once the plaintiff’s level of fault exceeds 50% he/she is barred from any recovery. At 50/50 the plaintiff still gets half his/her damages but once the plaintiff’s fault exceeds 50% then the recovery is zero. That is a key difference and an additional reason why the plaintiff would benefit by contact our Indiana injury lawyers.