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Multi-party claims may involve multiple plaintiffs or multiple defendants. These cases can be complicated as parties are likely to blame one another and disagree as to their level of personal responsibility for the accident.
In Indiana, there’s a legal principle in place called “comparative fault”. This requires all parties to reach an agreement prior to going to trial as to who shares what percentage of fault for the accident.
The greater the percentage of fault you admit to, the smaller the percentage of damages you’re entitled to. For example, admitting to 60% of the liability reduces your awarded damages by 60%. In a different situation, a million-dollar settlement split between two injured people may be challenging to allocate.
This can be a complicated process that requires the guidance and knowledge of a seasoned attorney to navigate deftly. The sooner you speak with an attorney about how the accident unfolded and the scope of your injuries, the better.
Your attorney will sit with you and conduct a client interview to help them understand how the accident unfolded from the very beginning. It’s important to have a clear picture of what you were doing, the weather conditions, where you were headed, and what was on your mind prior to the accident.
Next, you and your lawyer will review the police report. This report will contain names and contact information for involved parties and statements giving their individual accounts of the accident. These statements can help your attorney identify possible areas of dispute that should be discussed as early as possible.
Once everyone involved has been identified, and their description of events is gathered, a lawsuit is filed. It’s important to file quickly, as the statute of limitations for accidents in Indiana is two years. This lawsuit can always be amended later to include other involved parties, but moving quickly is important, as well.
Hire a lawyer as soon as possible so that they can begin to identify all parties involved. This helps your lawyer understand who might claim settlement damages and begin to plan how these awards may be divided or contested.
It’s essential to make sure that all liable parties (those responsible or potentially responsible for causing the accident) are identified quickly to avoid missing the statute of limitations. If this deadline is missed, your chances of seeing awards are far lower.
A good attorney will be in continuous contact with all parties involved. They’ll also monitor each person’s take on the accident and consider their likely stance on allocation of liability. You may face a situation where two parties agree on the details of an accident, but a third party has a different perspective and won’t yield.
Determining whether or not everyone is on the same page is vital. A strong attorney can work hard to negotiate with an unyielding witness and reach a reasonable compromise. Your lawyer may also be able to review insurance company data and use that information to reach a fair settlement.
Finally, a capable attorney can take someone who at first may seem like an adversary and use their witness to reveal key details that can significantly help your case and increase the damages you’re owed.
For more information on Multi-Party Personal Injury Claims In Indiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 359-8007 today.