Here are some questions and answers about personal injury in Indiana that the lawyers of Craven, Hoover & Blazek thought might help you:
- What are some issues raised if I am bitten by a dog?
- What should I do if I get injured on the job?
- What if my workers' compensation claim is denied?
- What is considered to be "pain and suffering"
- What determines the amount that I might recover in a personal injury case?
- Will I have to go to trial to recover damages?
- Is there a minimum or maximum amount that can be recovered in a personal injury lawsuit?
- What is a typical settlement amount?
- What is "wrongful death"?
- What is the difference between wrongful death and medical malpractice?
Contact Craven, Hoover & Blazek regarding all your Indiana personal injury questions. We are waiting to hear your story.
What are some issues raised if I am bitten by a dog?
A dog bit me. Who do I tell?
You should contact your local animal control agency or the police.
Which jurisdiction covers dog bites—state or local?
Both. In addition to Indiana laws, your local communities might also have animal laws covering bites, leashing, and vaccinations. Your local laws might ban ownership of certain breeds, as well.
What should I do if I get injured on the job?
You must notify your employer of the injury. You should also tell your employer if you need medical attention. You may also have to notify Indiana's industrial commission. An experienced workers compensation lawyer can help you understand the process and your rights and file your claim.
What if my workers compensation claim is denied?
If your employer and its insurance company deny coverage on the claim, you may file a claim with the Indiana workers Compensation Board. It is important to note that there is a time limitation on when you can file your claim. All workers compensation statutes restrict the amount of time you or your dependent has to file a workers compensation claim.
What is considered to be “pain and suffering?”
Pain and suffering includes harm caused by physical injury along with mental anguish experienced through avoiding activities you engaged in prior to your accident.
What determines the amount I might recover in a personal injury case?
Every case addresses three issues that will determine your recovery:
- Liability—establishing someone’s negligence is required - negligence is the failure to use reasonable care
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
Will I have to go to trial to recover damages?
It is unlikely you will go to trial. About 95% of personal injury cases filed settle prior to trial.
Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
No, except in certain circumstances such as medical malpractice (limited) and worker compensation cases (limited)
What is a typical settlement amount?
An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:
- Amount of incurred medical bills
- Future medical bills
- Loss of past income
- Your age
- Any permanent limitations caused by the injury
- Impact on your future earning capacity
- Activities you can no longer do
- Activities you can do but do not enjoy as much
- Your prognosis for further problems
- Strength of lay witness testimony
- Strength of expect testimony
The goal is fair and adequate compensation for your injury. An experienced attorney will know what a reasonable jury would award in Indiana. The strength of lay and expert witness testimony will also be likely to influence the amount.
The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person whom died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:
- A negligent or careless act (e.g., careless driving)
- A reckless act
- An intentional act such as deliberate murder
What is the difference between wrongful death and medical malpractice?
Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.
