How are they handled?
Indiana auto accident cases are handled a bit differently than in other states. Indiana uses something called ‘comparative fault’ a legal term that compares the fault of each person involved in the accident. We asked Marc S. Sedwick, an experienced personal injury attorney licensed in Indiana and Kentucky who also worked in the insurance industry for many years, to explain the term and provide information on how auto accident cases are handled in Indiana. According to Sedwick, “Automobile cases in Indiana are handled pursuant to the Indiana Comparative Fault Act. This means that fault is apportioned to the plaintiff, defendant and possibly an entity called a ‘non-party’.” “A ‘non-party’ would be a person or entity that the plaintiff did not sue but could have apportioned fault to it. An example of a ‘non-party’ would be the plaintiff’s employer, which under Indiana law, a plaintiff can sue his or her employer, or a party that the plaintiff’s attorney has voluntarily chosen not to sue b