Indiana courts follow a modified comparative fault rule when granting awards in a personal injury case. That means you can still recover damages even if you are partially responsible for the accident. In Indiana, you must be less than 51% responsible for the accident. Then your recovery will be limited to the percentage of fault for the accident. For instance, if you were 25% responsible for your accident, and the jury awarded $100,000 in damages, you could only recover $75,000 in damages. However, if you were found to be 55% responsible, you would recover nothing. For this reason, it is essential you have a skilled brain injury attorney determining fault in your accident when your case comes to court.