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Comparative Fault Instruction
If you find the defendant is not at fault, you should proceed to Verdict Form "B " which should be signed and dated by the jury foreman.
If you find the defendant was at fault, you should attribute fault as follows:
| Percentage of fault attributable to defendant | _______% |
| Percentage of fault attributable to plaintiffs | _______% |
| Percentage of fault attributable to nonparty | _______% |
| =100% | |
If you find that the plaintiffs' fault, if any, was more than fifty percent (50%) of the total fault involved in the incident that proximately caused the plaintiffs' injuries, you are to find that the defendant is not liable to the plaintiffs. You should proceed to Verdict Form "B" which should be dated and signed by the jury foreman.
However, if you found that the plaintiffs' fault, if any, was fifty percent (50%) or less than the total fault involved in the incident that proximately caused the plaintiffs' injuries, and you found any percentage of fault was attributable to the defendant, you are to find the defendant liable to the plaintiffs. You should proceed to Verdict Form "A" which should be dated and signed by the jury foreman.
VERDICT FORM "A"
We, the jury, find for the plaintiffs and against the defendant and assess the plaintiffs' damages in the sum of dollars ($ ).
VERDICT FORM "B"
We, the jury, find for the defendant.
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The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use. The wrongful death information offered by Indiana Wrongful Death Lawyer and contained herein, regarding Indiana wrongful death statutes and Indiana wrongful death claimants' rights is general in scope. No wrongful death Indiana attorney client relationship with our Indiana wrongful death attorneys is hereby formed nor is the negligent death information herein intended as formal legal advice. Please contact a Indiana personal injury wrongful death lawyer regarding your specific inquiry. |
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