Can I Sue If I Was Partially at Fault for My Injury in Indiana?

When you’re injured in an accident, one of the first questions that comes up is: “Was it my fault?” But what if the answer isn’t so simple?

In many personal injury cases, the injured person may have contributed in some way to the accident. Maybe you were texting while walking, slightly speeding, or not wearing a seatbelt. In Indiana, that doesn’t necessarily mean you’re out of luck.

This is where Indiana’s comparative fault law comes in—and why it’s important to talk to an experienced civil personal injury lawyer before making assumptions that could cost you compensation.

What Is Comparative Fault?

Indiana follows what’s called a modified comparative fault system. This means that even if you’re found to be partially responsible for the accident, you may still be able to recover damages—as long as you’re not more than 50% at fault.

Here’s how it works:

• If you’re 0–50% at fault, you can still recover damages, but the amount you receive will be reduced by your percentage of fault.
• If you’re 51% or more at fault, you are barred from recovering any compensation.

Let’s say your total damages are $100,000, and a court finds you 30% at fault. You could still recover $70,000.

Real-World Examples of Shared Fault

Many cases aren’t black and white. Here are some common situations where partial fault may apply:

• You were hit in an intersection, but you were speeding at the time
• You slipped and fell in a store, but you were looking at your phone
• You were rear-ended, but your brake lights weren’t working properly

In each of these cases, the other party may still hold the majority of the blame—but your behavior may factor into the final compensation amount.

Why You Shouldn’t Assume You Don’t Have a Case

One of the biggest mistakes people make after an accident is assuming that partial fault means no case at all. That’s simply not true in Indiana.

Insurance companies often use comparative fault laws to reduce or deny payouts, even when their client is clearly mostly responsible. If you accept fault too early, or don’t understand your rights, you might lose out on compensation you legally deserve.

A qualified civil personal injury lawyer will fight to make sure the fault is fairly calculated—and that your voice is heard.

What If the Other Side Tries to Blame You?

In almost every personal injury claim, the other party (usually their insurance company) will look for ways to shift the blame. This is a standard tactic because even a small percentage of fault shifted to you lowers their liability.

Examples:

• Claiming you weren’t watching where you were walking
• Suggesting you ignored a posted warning sign
• Blaming you for not seeking medical attention quickly

That’s why it’s critical to gather evidence early—photos, witness statements, medical records—and to let your attorney do the talking.

How a Civil Personal Injury Lawyer Can Help

Your attorney plays a crucial role in pushing back against unfair blame and maximizing your recovery. They can:

• Investigate and document the full story
• Work with accident reconstruction experts if needed
• Negotiate with insurance companies on your behalf
• Argue for a fair fault percentage under Indiana law

If you’re worried about being blamed for what happened, you’re not alone—but you’re also not powerless.

Don’t Let Partial Fault Keep You from Filing a Claim

Even if you made a mistake, Indiana law doesn’t expect you to be perfect. You may still be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage

If someone else contributed to your injury—even partially—they should be held accountable.

Before you give up on your case, speak with an attorney who understands the law, the tactics insurance companies use, and what it takes to get a fair outcome.

Final Thoughts

Being partially at fault doesn’t mean you don’t have a case—it just means your case needs to be handled carefully. Indiana’s comparative fault system allows injured people to recover damages even when they’ve made mistakes, as long as they aren’t more than 50% responsible.

A skilled civil personal injury lawyer will help you navigate the process, protect your rights, and fight for the compensation you deserve.

Don’t let uncertainty keep you from taking the next step. Reach out today to discuss your options.

FAQ: Civil Personal Injury Lawyer & Partial Fault in Indiana

Q: Can I still sue if I was partly responsible for my injury?
A: Yes—if you are found to be 50% or less at fault, you can still recover compensation under Indiana law.

Q: How does fault get determined?
A: Fault is determined through evidence, witness statements, police reports, expert opinions, and sometimes court decisions.

Q: What if I already admitted some fault at the scene?
A: You may still have a valid claim. Never assume that your statement is the final word—talk to a lawyer.

Q: What types of cases does comparative fault apply to?
A: Car accidents, slip and falls, workplace injuries, pedestrian accidents, and more.

Q: What’s the deadline to file a personal injury claim in Indiana?
A: Generally, you have two years from the date of the injury, but it’s best to speak to a lawyer immediately.