How to Manage a Workers’ Comp Injury Claim

When an employee is injured while on the clock, they are entitled to workers’ compensation benefits through their job. These benefits are meant to help cover the cost of the damages and losses incurred because of the accident. This may include lost wages, hospital bills, medical expenses, prolonged therapy, a permanent partial impairment rating and more. If an employee is killed on the job, the dependents are also entitled to receive benefits.

If you were recently injured at work, it is in your best interest to learn what you can about workplace accidents and injury claims so that you may make the right decisions regarding your physical and financial recovery. If you have not been injured at work, it is still wise to learn these tips so that you are prepared if it ever happens to you or someone you love.

Continue reading to learn what you should and should not do in the case that you are injured at work and considering workers’ compensation.

Workers Comp Lawyers Indianapolis IN 317-881-2700
Workers Comp Lawyers Indianapolis IN 317-881-2700

Workplace Injury Claim Process

What You Should Do

To protect yourself and your rights to maximum compensation, be sure to make the right decisions in the process. This includes the following:

Report your injury immediately, whether you think you need medical care or not.

Demand that a written accident report is made on the spot and be sure to get a copy for yourself.

Immediately seek or accept medical attention.

Retain all paperwork and documentation of your accident, injuries, and medical care. Keep track of all the written restrictions and instructions given to you by your doctor.

If your employer makes any retaliations or threats regarding your claim, contact the Department of Labor immediately and report the harassment.

If you are unsatisfied with your medical treatment or diagnosis, ask for a second opinion.

Obtain an attorney.  The worker compensation carrier for your employer has attorneys and you should also.

If you are denied certain benefits due to a “pre-existing condition”, be sure to protest with the help of an experienced Indiana workplace injury lawyer.

What You Should NOT Do

Do not fail to report your injury.

Do not decline medical attention. This can be harmful to you both physically and in terms of filing a claim.

Do not let the company’s case manager into your hospital examination room while you are with the doctor if you do not want them in there.

Do not let the workers’ compensation insurance carrier take too long to approve or deny your injury claim. There are state laws that mandate when they must respond. It is usually within 30 days after the claim is officially filed.

Do not believe your employer if they tell you there is a “minimum period” of employment that you must retain to receive workers’ compensation benefits. You are entitled to benefits immediately, no matter your length of employment.

Do not miss or reschedule any appointments that are made by your employer’s workers’ compensation insurance carrier. Missing too many appointments can revoke your right to certain benefits.

When you return to work, do not let your employer place you into a line of duty that violates your work restrictions provided by the treating doctor.

Are you having trouble getting what you need from your workplace injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a skilled workers’ compensation attorney in Indianapolis, Indiana. We can hold meetings over the phone, via online conferencing, or in person at our Indianapolis personal injury law firm.

Related Posts:

Do I Notify OSHA if Injured at Work Due to a Safety Violation?
What to Do After Being Injured in an Industrial Accident in Indiana
FAQS About Work Related Car Accidents

The General Steps of a Car Accident Injury Trial

In the vast majority of cases of car accident lawsuits, both parties usually avoid trial by settling the case with the assistance from their respective attorneys. This happens when the claimant party, or injured victim, agrees to a settlement offered by the opposing party’s insurance carrier. However, if both parties cannot come to a settlement agreement, the case will go to trial. Trials are serious matters, which is why it is vital to always have private personal injury representation as a wrongfully injured victim in Indiana. They can navigate your car accident case every step of the way.

For a better understanding of what this might involve, continue below to review the general steps of car accident injury trial.

Car Accident Attorney Indianapolis Indiana 317-881-2700
Car Accident Attorney Indianapolis Indiana 317-881-2700

Car Accident Liability Disputes

In the case of a car accident liability dispute, a claimant has two options for resolution: they can settle with the insurance company or file a personal injury lawsuit. Settling with the insurance company would involve out-of-court settlement negotiations that would take place between the claimant party (injured victim and their legal team) and the insurance carrier.

If the insurance carrier offers a full and fair settlement for the injured victim’s damages and losses, the injured victim might agree to the settlement, and the case can be completed and closed. If the injured victim and their legal team reject the settlement offer by the insurance carrier, they can bring the case to court. At trial, a car accident injury dispute will be heard and decided normally by a jury and rarely by a judge.

Car accident injury cases tend to go to trial because they are high-value, or because they involve complicated factors surrounding liability and causation. It is important to have an experienced Indianapolis car accident lawyer working your case for the best possible chance at recovering the maximum settlement for your damages and losses.

What To Expect at a Car Accident Injury Trial

Your personal injury car accident lawyer will handle every aspect of your case, from start to finish. On your behalf, they will attend every hearing and pretrial meeting representing your best interests. The general phases of a car accident injury trial include discovery, mediation, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and verdict delivery.

Discovery Phase

The discovery phase is a type of pretrial meeting that takes place between the legal team of the claimant party (injured victim) and the legal team of the plaintiff party (insurance company). During this phase, the lawyers will exchange information relevant to the case by means of depositions, interrogatories, or other requests for evidence.

Jury Selection

Following the discovery phase, both the plaintiff and claimant legal teams will interview a panel of potential jurors by asking them several questions. They will need six qualified jurors and one alternate in Indiana.

Opening Statements

Once the trial begins, both sides will make opening statements to the court and jury. These statements outline what the lawyer intends on proving throughout the proceedings.

Presentation of Evidence

During this stage of a car accident injury trial, both legal teams for each side will present the evidence they have that proves their case. Such evidence might include documents, records, witness testimonies, expert testimonies, photographs, videos, receipts, and relevant evaluations.

Closing Arguments

Towards the end of the trial, after all evidence has been presented and argued, the claimant’s lawyer and the plaintiff’s lawyer will make closing arguments. These are similar to opening statements in that they summarize all facts and testimony presented and proved throughout the trial.

Jury Deliberations

During this phase of a car accident trial, the jury will deliberate and ultimately decide whether the claimant met their burden of proof or not.

Verdict

After the jury and judge decide that the claimant party did meet their burden of proof and therefore the opposing party’s liability in the case, they will be award financial compensation. If the judge and jury decide that the claimant party failed at meeting this burden, the case will be closed, and they would receive no compensation.

Are you ready to discuss the legal options you have surrounding your recent and wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your car accident injury lawsuit in Indianapolis, Indiana. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana. We also represent Hoosiers who were injured and the Estates of persons wrongly killed in other states.

Related Posts:

Recurrent Types of Commercial Trucker Safety Violations
What You Need to Know About Car Accident Claim Demand Letters
Understanding Onset of Injuries After a Car Accident

Possible Liable Parties in a Self-Driving Car Accident

Decades ago, self-driving cars were merely a fantasy often depicted in some of our favorite throwback movies and TV shows, like Total Recall, Timecop, Herbie, The Fifth Element, and Christine. Yet today, they are a real thing. You may have seen one or two autonomous vehicles powered by Siri or Google in your community or downtown technology district. You may have already ridden in one. But like virtually all new technological innovations, there are bound to be some stumbling blocks. After all, self-driving vehicles are still a brand-new means of transportation in society. So, how safe are self-driving cars? That is hard to say. What can be said is, self-driving car accidents do happen. And when they do, pinpointing the liable party can be tricky since there are multiple possibilities.

Continue below to review some of the more likely responsible parties in a self-driving motor vehicle accident, plus where to get trusted legal advice after being wrongfully injured by an autonomous car or negligent driver in Indiana.

Self Driving Car Accident Lawyer Indiana 317-881-2700
Self Driving Car Accident Lawyer Indiana 317-881-2700

Autonomous Vehicle Accidents and Liability

When it comes to self-driving car accidents, the most common liable parties include the human operator, technology company, automaker, government, or a third party. It is possible for more than one of these parties to be responsible for any damages suffered by a passenger or driver of an autonomous vehicle.

The Operator of the Vehicle

Self-driving cars are not fully autonomous; they still require a human supervisor or operator. It is very possible for the operator of the autonomous vehicle to be responsible for a car accident. Whether driving or on autopilot, if an operator of a self-driving vehicle is reckless or negligent during the ride, and as a result an accident happens, it could be their fault.

The Technology Company or Vehicle Manufacturer

There is a company that made the actual vehicle, then there is the company that made the technology possible. If a self-driving car accident occurs because the technology company was negligent in some way. For instance, if they did not properly test the vehicle before releasing it or resolve a significant microchip defect in the autonomous technology, they could be held liable for an injured victim’s damages and more.

The automaker of the vehicle might be responsible for a self-driving car collision or accident if there is a defect in the car’s assembly, design, or advertising that directly caused the accident and subsequent damages.

Government Agency

In rare cases, a government agency can be liable for a self-driving vehicle accident. This might happen if an autonomous car accident occurs as a result of inadequate safety testing, safety rules, and fundamental regulations, or due to a serious roadway defect.

Third Parties

Third parties that might be responsible for a self-driving car accident include drunk drivers, reckless drivers, negligent commercial truck drivers, or a business that fails to maintain a safe parking lot.

No matter what kind of car accident you were wrongfully injured in, it is your right to be granted a full and fair settlement for your damages. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced car accident injury lawyer in Indianapolis, Indiana. We represent all motor vehicle-related accident cases throughout the state of Indiana, including truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.

Related Posts:

Who is Liable After an Uber or Lyft Accident?
How to Make an Injury Claim Against a Drunk Driver
Can I Still Sue if My Car Accident Injuries Were Not Apparent at the Scene?

What You Need to Know About Pedestrian Car Accident Injury Cases

Car and traffic accidents, like collisions, rearends, fender benders, side-swipes, and off-road wrecks, typically involve automobiles. Yet, there is another common type of victim that can exist in a motor vehicle accident: those on foot, or in the terms of traffic law, pedestrians. So, what are the lawful rights for a pedestrian who has been hit or injured by a driver? Depending on certain and specific criteria, a pedestrian may or may not have legal rights to a settlement for any damages or losses sustained as a result of their accident. Although a harsh possibility, anyone injured in a pedestrian car accident should consult with an experienced personal injury lawyer to confirm their options for pursing legal action against a wrongful party.

Continue reading to learn more about pedestrian rights, including the potential legal opportunities for pedestrians injured in a car accident.

Pedestrian Injury Lawyer Indianapolis Indiana 317-881-2700
Pedestrian Injury Lawyer Indianapolis Indiana 317-881-2700

Right of Way for Pedestrians and Drivers

The first aspect to consider in a car accident pedestrian injury case is fault. Was it the driver’s fault for hitting the pedestrian with their vehicle? Or was it the pedestrian’s fault that the driver hit them? Depending on the circumstances of the accident, it could go either way. In drivers’ education, they avidly teach pupils that pedestrians always have the right of way, and to always yield to pedestrians at marked crosswalks, parking lots, and other designated areas decreed in the state’s vehicle code.

Drivers’ education curriculum also covers a driver’s legal responsibility to obey all traffic laws, traffic signals, traffic signs, and speed limits. If a pedestrian is struck by a driver who is violating any traffic laws, the driver is automatically to blame for the accident. However, not all pedestrian car accident injury cases so cut-and-dry. If an individual is walking in a non-pedestrian designated area, like the side of the interstate or through the middle of a major roadway, then they are likely to be apportioned the majority of the fault if struck by a vehicle.

Personal Injury Compensation For Injured Pedestrians

If a pedestrian suffers injuries after being hit by a car because the driver was disobeying traffic laws, they are likely to be compensated by the driver’s insurance carrier. Injured pedestrians can collect compensation for their medical expenses, hospital bills, lost wages, pain-and-suffering, and more, depending on the severity of their injuries.  If an at-fault driver is insured, a lawsuit can be filed against the at-fault driver and their insurance carrier pays and judgment or settlement.

If a driver is not insured, which is not usually the case, an injured victim can pursue a personal injury lawsuit against them in civil court. If the driver does not retain any significant assets or finances to garnish, which is usually the case since the person did not even have auto insurance, the injured victim can make an uninsured motorist claim and attempt to collect their damages from their own insurance policy if they have uninsured motorist coverage.  It is vital to all persons to purchase uninsured motorist coverage when they buy an auto policy so that they and anyone else in their vehicle is fully protected and collect for any personal injury damages.

It is possible for an injured pedestrian to walk away empty handed if there is no insurance coverages available or money to pay for their damages.

Are you an injured pedestrian looking for legal answers to your personal injury questions in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with an Indianapolis pedestrian injury lawyer, today. We represent clients throughout the state, plus Indiana residents injured in other states and residents from other states injured in Indiana.

Related Posts:

Are Bicyclists Considered Drivers if They Ride on the Street?
A Brief Overview of Indiana Pedestrian Laws
Who is Liable When a Driver Hits a Pedestrian?

Which Indiana Personal Injury Law Firm Should I Choose?

When you are suffering the physical, mental, and financial repercussions of a wrongful accident, you deserve justice. Let the Law Office of Craven, Hoover, and Blazek, P.C. protect your rights and preserve your overall quality of life by obtaining the full and fair compensation you are owed.

Local Indianapolis Personal Injury Law Firm 317-881-2700
Schedule a No-Fee Consultation Today!

Our Indianapolis Accident Lawyers Know How to Negotiate With Insurance Companies

Don’t settle for an unfair payout from your or the at-fault party’s insurance company after sustaining serious injuries and losses from an accident. At Craven, Hoover, and Blazek, P.C., our Indianapolis IN personal injury lawyers never back down when it comes to negotiating with insurance companies. As our client, you won’t have to worry about an unfair or low settlement offer, nor the challenge of dealing with unscrupulous or unrelenting insurance adjusters.

We know how to work with insurance carriers so that you are rewarded the full and fair compensation you deserve for your accident-related damages, including past, current, and future losses. Although virtually 95% of all personal injury claims are eventually settled out of court when insurance companies are involved, if we cannot get your or the at-fault party’s insurance companies to agree to the full and fair compensation you deserve, we are fully prepared to take your claim to trial.

Our Broad Practice Areas

The Law Office of Craven, Hoover, and Blazek. P.C. specializes in various personal injury cases, including workers’ compensation, car accidents, drunk driving accidents, slip and fall accidents, defective products, medical malpractice, burn injuries, head and neck injuries, child injuries, trucking cases, catastrophic accidents, and more. Getting started is easy. Just contact us to schedule a free case evaluation with one of our personal injury lawyers. We can hold consultations over the phone, via online video conference, or in person at our Indianapolis office.

Personal Injury Attorney Law Firm
Personal Injury Attorney Law Firm 317-881-2700

You Do Not Pay Upfront Fees

At the Law Office of Craven, Hoover, and Blazek P.C., clients never pay upfront lawyer fees. Instead, our skilled Indianapolis personal injury lawyers handle cases on a contingency-fee basis, meaning clients only pay if our lawyers are successful at recovering a settlement or verdict for their accident and injuries. So, you can trust our seasoned and compassionate Indiana accident attorneys to recover the rightful compensation for your damages and losses, including hospital bills, medical expenses, lost wages, prolonged physical therapy, future economic losses, pain-and-suffering, and much more.

Get in Touch Today

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. Our accident attorneys have the experience, knowledge, drive, and resources to get the maximum settlement you and your loved ones rightfully deserve. We represent clients all throughout the state of Indiana. Get in touch today!

Related Posts:

What You Can Expect From the Personal Injury Lawsuit Process
To Sue or Not to Sue for a Personal Injury?
Can I Settle My Personal Injury Case Through Arbitration?

Recurrent Types of Commercial Trucker Safety Violations

Like any other driver on the road, commercial truck drivers are subject to being ticketed for traffic and safety violations. In more serious cases, commercial truckers are ordered to refrain from driving until such violations are addressed in accordance with local and state law.

It is important for law enforcement to hold industry truck drivers strictly accountable for violating safety protocols and regulations while operating a big rig or commercial truck because such trucks pose a higher level of threat to other vehicles, pedestrians, and properties; and not just due to their size, but also the quantity of momentum gained while operating at high speeds. Essentially, semi-trucks and similar commercial vehicles are like multi-ton missiles and tanks out on the road.

Continue below to learn more about the recurrent types of commercial trucker safety violations and better protect yourself from negligent trucker accidents.

Truck Accident Lawyers Indianapolis Indiana 317-881-2700
Truck Accident Lawyers Indianapolis Indiana 317-881-2700

Commercial Motor Vehicle (CMV) Regulation in the United States:

Although it is fairly common for commercial truckers to violate important traffic and safety codes on the road, there are systems in place to abate and create awareness for trucking safety. For instance, the Indiana State Police has an entirely separate department that is solely responsible for commercial motor vehicle (CMV) law enforcement.

Additionally, the United States trucking industry in whole is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA performs routine inspections on all trucking companies and operators in the country, plus aggressively seeks grievances and criticism about truck safety issues in local communities and cities. They also maintain an active website that offers a National Consumer Complaint Database portal for submitting complaints about unsafe truck drivers in your area.

If you have observed unsafe commercial truckers in your community, you can report your concerns free of charge to the FMCSA database, or you may contact 911 if you see a reckless driver or unsafe truck on the road.

Common Commercial Trucker Safety Violations to Watch Out For

The most common causes for truck accidents involves driver-error. One of the most frequent mistakes trucking companies make is setting unrealistic or arduous deadlines, causing truck driver fatigue, speeding and other short-cuts. Another cause for truck driver accidents involves improper training. When a trucking company fails to properly train their truck drivers through a professional trucking course, it can lead to dangerous driver errors that jeopardize the safety of the drive themselves, as well as others around them. Inadequate truck inspections, unbalanced cargo, overloaded cargo, hazardous chemical leaks, and lack of safety maintenance are other common reasons why commercial truckers cause accidents.

More specifically, according to the Federal Motor Carrier Safety Administration (FMCSA), commercial truckers and trucking companies in the United States are most often cited for the following types of safety violations:

◈ Speeding or Swerving Through Lanes
◈ Tailgating Behind Other Vehicles
◈ Changing Lanes Incorrectly or Unsafely
◈ Making Improper or Illegal Turns
◈ Failing to Yield to the Right of Way
◈ Violating Railroad Grade Crossings
◈ Disobeying Traffic Lights and Signs
◈ Reckless or Careless Driving
◈ Using a Handheld Phone While Driving
◈ Driving While Impaired

Were you or a loved one seriously injured in an accident caused by a negligent commercial truck driver in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free personal injury case evaluation to discuss your truck accident in Indianapolis, today. We represent clients all throughout the state of Indiana.

Related Posts:

Should I Hire a Truck Accident Lawyer in Indiana?
Where to Get Legal Help After Being Injured in an Indiana Trucking Accident
Who Do I Sue After Being Injured By a Semi-Truck?

Do I Need to File a Lawsuit After Being Hurt in an Accident?

After being injured in an accident by the carelessness of another, many victims are legally entitled to some degree of reimbursement or compensation for their losses. These losses include damages like lost wages, medical expenses, hospital bills, prolonged rehabilitation, mental trauma, pain, suffering, property damages, and more. In extreme cases where the wrong doer demonstrated egregious misconduct or caused such trauma that compensation is not a sufficient means of amends, punitive damages may also be awarded by a court or jury.

Although a victim of a negligent act or accident is truly a victim and should be compensated for their damages, pursuing a lawsuit for such restitution may not always be in the victim’s best interest. Most often, a personal injury lawsuit is the path wrongly injured victims should take, but in some instances, it may not be the best option for a number of reasons. For this reason, it is wise to consider whether a lawsuit is a worthwhile endeavor.

Continue reading to learn a few considerations that can help a personal injury victim decide if a lawsuit is the productive course of action to take after being hurt in an accident.

File Accident Lawsuit Indianapolis Indiana 317-881-2700
Accident Lawsuit Lawyers Indianapolis Indiana 317-881-2700

Examining the Details of the Accident

After being injured in an accident at the expense of another person or entity, it is important to indicate three aspects of the incident. First, it is critical to consider the actual level of fault of the opposing party.

What was their role in the incident?

Did they have a legal duty of care to prevent such accidents from happening to the same class of people as the victim?

Would a reasonable person have foreseen the possibility of the accident happening?

Did they take reasonable action to prevent such accidents?

There is much more involved in determining fault in a personal injury case, but these are a few inquiries that come into play when assessing liability. Sometimes, it can seem like an accident was the other person or company’s fault, when in fact, they are cleared of such liability for several other reasons. If a person does not have a strong enough claim against an opposing party, or if the opposing party is not the majority at-fault, there may be no point to a personal injury lawsuit.

Comparative Fault Analysis

It is also important to consider the victim’s own liability in the accident. This is referred to as comparative fault analysis. According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.” So, one must ask themselves what was their level of fault might be? Could they have prevented their injuries? Should they have reasonably foreseen that such an accident could happen?  Was what they were doing at the time of the incident reasonable?

For example, consider a winter blizzard. On a snowy and icy day, a young man visits a grocery store wearing roller skates. Although there are wet floor signs posted everywhere and the store attempted reasonable clean up, he ignores them and continues to skate his way through the store, eventually wiping out and injuring himself badly. Since a reasonable person would not wear roller skates to a grocery store in those conditions because they know that floors will be wet and slippery, and since the grocery store took reasonable action to try to clean and to post “wet floor” signs as a warning to customers, the level of fault might fall onto the man. In this case, the store would not be held liable or fully liable for his injuries.  A personal injury lawsuit might be futile in this example.

Extent of Damages

And the third aspect to consider is the severity of the victim’s injury and the extent of damages incurred because of the accident. If the injury is not so serious that it caused the victim to suffer calculable financial losses like medical bills, lost wages, and loss of ability to work.

For instance, let’s say a person is wrongly rear-ended by another driver and the collision causes the airbag to deploy. As a result, the person who was rear-ended incurred minor airbag burns on their forearm but no other injuries. Because these burns are minor, they only required one doctor’s visit in which the physician orders the patient to use OTC topical ointment to soothe the burns as they heal. Because the accident did not cause them to suffer serious damages and losses, a personal injury lawsuit would be useless, although if a settlement were not reached with the at-fault party’s insurance carrier, a lawsuit in small claims court might be sufficient but again, the pros and cons of your time and effort in obtaining a small claims judgement would need to be weighed.

Had the car accident resulted in a head injury, orthopedic injury, or similar serious injuries that require extensive medical treatment and ongoing rehabilitation, the circumstance would change, and a personal injury claim and possible lawsuit would be worthwhile filing.

Prospect of Compensation

Aside from the three aspects of the accident, it is important to think about the possibility of compensation. Although a court can rule that a victim is owed compensation, the court is not the one to pay it, and neither is the government unless the claim was brought against the government. All compensation that is court- ordered to the victim or their families has to come from, in almost all cases, the defendant’s insurance company. If a defendant has no insurance, and has very little assets, income, or savings, there is little chance to get the compensation. They usually cannot pay a judgment if they could not afford to carry liability insurance. For this reason, pursuing a lawsuit is most often not worthwhile, but every case needs to be looked at individually.

Would you like to learn more about your opportunity to obtain compensation through an Indiana personal injury claim or lawsuit? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana and Indiana residents injured in other states.

Related Posts:

The First Questions You Should Be Asking About Your Personal Injury
What You Need to Know About Car Accident Insurance and Injury Claims
Can I Recover Compensation For My Injuries if an Accident Was My Fault?

Did an Unnecessary Surgery Cause You to Suffer More Health Complications?

Surgery is meant to save lives and improve a patient’s overall health and well-being. But these intentions are futile when surgery is performed on a patient that was not necessarily in need of an operation or medical procedure. In these rare cases, patients and their families want to know if they can pursue any type of legal action against a hospital or medical practitioner for performing an unnecessary surgery that resulted in heighten, additional, or continued health complications.

Continue reading to learn important information about patients’ rights following unnecessary surgeries or medical procedures, including where to get trusted legal advice regarding your eligibility for compensation through a medical malpractice claim in Indiana.

Medical Malpractice Attorneys Indianapolis Indiana 317-881-2700
Medical Malpractice Attorneys Indianapolis Indiana 317-881-2700

All Medical Operations and Treatments Pose Inherent Risks

All surgeries come with a certain degree of risk, causing some patients to suffer moderate to severe complications, such as organ damage, infections, hemorrhages, medication errors, anesthesia mistakes, improper stitching, cross-contamination, and more. Along with risk, surgery is also expected to be accompanied by a certain level of pain and discomfort, which is why it is important to rest as much as possible following an operation. With the potential risks and common outcomes associated with medical operations like surgery, patients want their procedures to be worthwhile in the end. So, what happens when a patient experiences similar after-effects for a surgery that was not even required?

Unethical Promotion of Unnecessary Surgeries

Unnecessary surgeries do take place, usually for operations like cesarean sections, hysterectomies, coronary bypass, pacemaker, implants, and more. These kinds of unnecessary surgeries commonly occur at doctor-owned outpatient medical centers, where physicians are not as scrutinized for their surgical undertakings. Many doctors have been known to “sell” their services, heavily promoting or even directly recommending various surgical procedures that are not essential to a patient’s health and well-being, thus costing their patients to suffer compensatory and non-compensatory damages, like pain, suffering, time, and money.

Such Procedures Are Not Always Medical Malpractice

Keep in mind that unnecessary surgeries do not always involve negligence, and therefore, are not medical malpractice cases. Most surgeries are performed based on true, accurate, and rightful professional medical research and recommendations. In such cases, even if the surgery was not necessary, it still wouldn’t be negligent.

A medical malpractice surgery be constituted if a doctor or surgeon acts negligently in some way, and/or a medical operation somehow causes long-term damage to the patient. These are very complicated cases, so it is strongly encouraged to speak with a licensed Indiana personal injury attorney regarding your medical malpractice lawsuit questions.

How to Get Started on Your Case

If you believe you were recently taken advantage of and/or misguided into agreeing on receiving a surgery that you didn’t actually need, contact a personal injury lawyer in Indianapolis right away. They have the knowledge, experience, and resources to accurately assess your case and determine if you were wrongly subjected to a surgery that was not needed.

You or your family could be legally entitled to compensation for your damages, including pain, suffering, medical expenses, hospital bills, lost wages, loss of companionship, prolonged rehabilitation, wrongful death, and much more. Trust a reputable Indiana accident attorney to guide you in the right direction toward a maximum settlement for you and your family.

Would you like to schedule a free, no-obligation case evaluation with a seasoned personal injury attorney who specializes in such cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced medical malpractice lawyer in Indianapolis, Indiana. We offer free initial consultations over the phone, via video, or in person at our office.  The sooner you call, the sooner we can start obtaining evidence critical to your case.

Related Posts:

Do I Have a Valid Medical Malpractice Claim?
To Sue or Not to Sue for a Personal Injury?
Common Types of Damages Awarded in Personal Injury Lawsuits

Can I Settle My Personal Injury Case Through Arbitration?

When a personal injury claim is filed, the case doesn’t always end up in front of a jury. Many personal injury claims are negotiated out of court. When a personal injury case is settled out of court, negotiations usually take place between opposing parties, which may include an alternative dispute resolution process known as arbitration.

Continue reading to learn some important facts about personal injury arbitration, including which cases are more likely to be settled this way.

Accident Lawyers Indianapolis Indiana 317-881-2700
Accident Lawyers Indianapolis Indiana 317-881-2700

Facts About Personal Injury Alternative Dispute Resolution

Both personal injury defendants and claimants can sometimes choose arbitration over going to trial, namely for reasons of time and money. Arbitration is faster, more efficient, and costs much less than a court trial. It is a streamline version of dispute resolution since it eliminates the formalities of court procedures, such as filing, court dates, motions, jury selection, and more. Court costs, attorney fees, filing fees, and time off work are all examples of associated, out-of-pocket costs claimants can face if they push for their case to go to trial. 

What it Means to Agree to Arbitration

To be granted this type of alternative dispute resolution, both parties must agree to it in most circumstances. When two parties go to arbitration, together they select an impartial, unbiased party to arbitrate their dispute. This person is known as an arbitrator. The two parties agree beforehand that they will comply with the arbitrator’s award. Once the arbitration begins, a single hearing or a series of hearings are held to allow both parties to present their evidence and testimony. At the conclusion, the arbitrator renders a final decision. Sometimes arbitrations occur by panel decision, with three arbitrators deciding the case.

Be Aware of Arbitration Clauses

Some contracts between parties retain an arbitration clause that mandates mediation over trial in the event of a breach of contract or a disagreement about the terms of a contract. In this scenario, both parties would have no other choice but to go to arbitration to resolve the case. This avoids high court costs and trial fees and makes the process much quicker.

In some personal injury cases, insurance companies use this clause because they think they are more likely to have a sympathetic arbitrator than a sympathetic jury. Arbitration clauses are near impossible to escape because they are in most cases valid and legally-binding. In some cases companies will abandon their arbitration clauses, while in other cases, courts can hold that they are not enforceable. Every case is different.

Are you wondering how to get started on the right path toward obtaining the full and fair settlement you deserve after being wrongfully injured in an accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state and Indiana residents injured in other states. There is no need to travel, as we are happy to hold case evaluations via phone or online video conference.

Related Posts:

Do Personal Injury Cases Go to Arbitration?
When Will the Settlement Negotiations Begin for My Accident Claim?
Questions and Answers About Personal Injury Negotiations

Information About Personal Injury Structured Settlements

When you are in the middle of a personal injury lawsuit, your mind is in constant motion with questions about all the possible outcomes of your case. Although you might have an experienced personal injury lawyer on your side who is fighting for your rights to compensation, it can be tough putting your mind at ease until the case is completely settled.

Many people are worried about their settlements and wonder how they will receive their payment in the end. Questions like, “Will I get all my money at once?” and “Is it possible that my compensation will be awarded as a structured payment?” are all common concerns by most personal injury plaintiffs.

Injury Lawyers Indianapolis Indiana 317-881-2700
Injury Lawyers Indianapolis Indiana 317-881-2700

The Benefits of Structured Accident Settlements

A structured settlement is an agreed periodic payment plan in which the recipient receives a set amount of money over a specified period. Structured payments are a fairly common method of dispersing personal injury settlements and verdicts. Whether a structured settlement is a good result or a bad one really hangs on the recipient. There are both advantages and disadvantages of structured payments, depending on personal perspective.

The number one benefit of a structured settlement is that you usually receive more money overall. In a lump sum payment, the amount is usually negotiated lower. Another major benefit is personal financial management. When a large sum of money is paid out overtime, it is typically easier to manage your finances, pay bills, save money, and maintain a positive financial portfolio. It may be especially beneficial in terms of tax liabilities as well.

Additional Advantages of Structured Payments:

☑ Simpler Tax Planning
☑ Possible Income Tax Advantages
☑ Additional Annual Income
☑ Broader Subsidy Opportunities
☑ Budget Protection

Disadvantages of Personal Injury Structured Settlements

One of the common downfalls to structure pay is limitation. For those consider themselves financially savvy, not receiving your full compensation can be a huge restriction since you cannot use the money to make any lucrative investments. In other cases, a personal injury victim has already paid all of their hospital bills, medical expenses, and other related expenses, out of pocket. They have also already incurred lost wages from work. So, by not receiving a full payment can be frustrating since victims in this type of situation is simply trying to put the money back where it was before their accident.

Timeline for Receiving a Structured Settlement

If you win your claim and an insurance company agrees to give you a structured settlement, you will not be given a paycheck right away. Instead, you will be paid a set amount over a set period of time. The terms of structured settlement agreements vary from case to case, and payment amounts, and schedules can be set in many different ways. These payments generally begin as soon as all the paperwork is processed; however, this time period can vary, and sometimes can take up to one year to begin receiving payments.

Lastly, a settlement can also be a portion paid out up front in cash and a portion in a structured settlement.

Are you looking for a seasoned personal injury law firm to obtain the maximum settlement for your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. You can speak directly with a trusted and experienced Indianapolis personal injury lawyer over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

Related Posts:

4 Factors to Consider Before Agreeing to a Structured Settlement
Pros and Cons of Insurance Company Structured Settlements
The Benefits of a Structured Settlements