Will I Be Compensated for PTO and Sick Days in My Personal Injury Claim?

After being injured in an accident that wasn’t your fault, you may be forced to miss work as your recover. In fact, you may be forced to use your Personal Time Off (PTO) or accrued sick days to maintain your employment while also maintain a stream of income during your recovery. Is this fair, though? Many personal injury victims want to know if they can include their lost wages, as well as their PTO, as part of their claim.

Continue reading to learn the answer, as well as, some important information about collecting general damages in a personal injury lawsuit.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Whether you are taking days of from work for rest, doctor’s appointments, or medical treatments and therapies, the law says you can include PTO and sick days into your personal injury claim. In fact, victims are likely to be compensated for such losses, including lost wages and income, PTO, sick days. To understand just how victims might be eligible for receiving compensation for their lost wages and personal time off, it helps to understand economic damages. You see, in a personal injury claim, the losses suffered by the claimant are referred to as “damages”, which can be either economic or non-economic.

Economic Damages

Economic damages, also known as special damages, are financial losses that can be calculated. Losses that can be defined by an actual dollar amount and redeemed through financial compensation include hospital bills (i.e. hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e. physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses death (i.e. insurance, veterans benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

In contrast, non-economic damages are more difficult to assign a dollar amount to because they are not tangible monetary losses. Examples of non-economic losses include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to a loved one, paralysis of a loved one that changes or limits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

PTO Compensation

Since Personal Time Off is an exact number, it can be calculated, and therefore, categorized as an economic damage. This means that personal injury victims can include PTO, as well as all other types of lost wages, as part of their accident claim. If you had to use your personal time off to recover from a personal injury, you were forced to take a loss that you didn’t intend on taking, making you eligible for such compensation. Your only duty is to ensure that you can prove it through valid documentation, including doctor’s orders, statements from your employer, medical appointments, and more.

Talk to a Trusted Indiana Personal Injury Attorney for Advice Regarding Your Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

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Do I Need Medical Payments Coverage for My Passengers?

Medical Payments Coverage: Also called Med Pay

Med Pay is a colloquial term for “Medical Payments Provision”, which is a separate provision in an insurance policy available to vehicle owners. It is a provision that covers the medical payments of the driver and all the passengers inside your vehicle if they are injured in a car accident, regardless of who is at-fault. Keep in mind that Med Pay is NOT health insurance. It only covers medical payments incurred as a result of car accidents. The difference is that Med Pay covers your and your passenger’s medical bills as well.

It is highly recommended to purchase medical payments coverage, which helps protect you and your passengers in your vehicle. Continue below to learn more about Med Pay, including additional recommendations regarding personal injuries.

Indiana Car and Truck Accident Lawyers 317-881-2700
Indiana Car and Truck Accident Lawyers 317-881-2700

Med Pay can be purchased when you obtain coverage for your automobile and can usually range from $1,000 to $100,000. But it is important to know that Med Pay is based per vehicle. So, if you have two vehicles, you will need to purchase med pay coverage for each vehicle so you are covered while driving each vehicle. It is also important to understand that this does not include any other economic or non-economic losses, such as pain and suffering, lost wages, loss of limb, permanent disfigurement, prolonged physical therapy, and more. If you wish to have these covered as well, you’ll need to look into Personal Injury Protection, or more commonly known as “PIP” (depending on the State you live in if available).

Personal Injury Protection (PIP)

If you are concerned about coverage for additional losses and damages, like the ones mentioned above, then you would need to consider a different type of coverage instead of a medical payments plan. One option is Personal Injury Protection, or PIP. This coverage is more comprehensive compared to Med Pay. Not only does it cover injuries and losses incurred as a result of a car accident, it goes above and beyond, covering more specific economic or non-economic losses. For instance, PIP will help with hospital bills, medical expenses, loss wages, mortgage payments, and more. It is more expensive than Med Pay, but not by much. And you do not need to have both PIP and Med Pay insurance.

The Esteemed Indiana Car Accident Attorneys Who Can Recover the Compensation You Deserve

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed car accident injury attorney in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in a car accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured persons throughout the State of Indiana. Contact us to get started in your financial recovery, today.

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What to Do After Being Injured By a Garbage Truck in Your Neighborhood

Although garbage trucks are an essential asset, especially for heavily-populated and crowded areas like residential neighborhoods, they can also pose several dangers. Being struck by a garage truck can cause severe injuries, and even death. Any type of large service truck can be dangerous to pedestrians and drivers alike, but garbage trucks are slightly more hazardous given their massive size and weight.

Since they are designed to hold large amounts of garbage, they are even heavier than the average service truck. As a result of the enormous size and power of a garbage truck, anyone injured by one, whether on foot or in a car, will likely suffer serious harm. For this reason, the law provides financial relief for garbage truck accident victims.

Continue reading to learn what you should do after you or a loved one is injured by a garbage truck in your neighborhood.

Garbage Truck Accident Lawyers
Garbage Truck Accident Lawyers 317-881-2700

Garbage Truck Accidents

As you can imagine, garbage truck accidents happen for the same reasons any kind of car accident situation happens. Generally, distracted driving tops the list of most common causes, while additional causes include intoxicated driving, blind spots, negligent truck maintenance, unqualified industry drivers, inclement weather, and more. Furthermore, because garbage trucks stop and go on their routes, it makes it more difficult to predict their next move. This puts pedestrians especially at risk.

Common Garbage Truck Blind Spots:

☑ Directly in Front
☑ Directly Behind
☑ Rear Driver’s Side Window
☑ Right Side of the Cabin

Your Next Steps Following a Garbage Truck Accident

As soon as you are injured in a garbage truck accident, your first priority is to contact local authorities for medical attention and to file a police report. If you, or someone else with you, can photograph and document the scene of the accident, this would be your next priority. In addition to documenting the scene of the accident, be sure to collect all relative information. See our blog, “What Kind of Evidence Should I Collect After a Car Accident?” to learn what you need to ask for.

Once you are medically stable and have collected evidence, including witness statements and contact information, the garbage truck driver’s information, and more, you are ready to move forward with additional medical evaluations. See your doctor as soon as possible to receive treatment and undergo a full assessment of your injuries.

After you have seen the doctor, be sure to follow all instructions and keep all documents as evidence for your case. You should hire a licensed personal injury lawyer to represent your garbage truck accident claim as soon as you have obtained needed medical care. If the driver is proven negligent, you are entitled to compensation for your hospital bills, medical expenses, lost wages, pain, suffering, and more.

Licensed Garbage Truck Accident Lawyers in Indianapolis, Indiana

Call Craven Hoover & Blazek at our office today at 317-881-2700 and schedule a free initial consultation to discuss your garbage truck accident claim in Indianapolis, Indiana. Our seasoned truck accident lawyers are ready to listen to your case and determine the best strategy for pursing a claim after being seriously injured in a garbage truck accident. At your free initial consultation, you can have your case heard and evaluated without any payment obligations. In fact, you will not owe any attorney fees at all unless we recover for you. Contact us to get started in your financial recovery, today.  We represent injured clients throughout the State of Indiana.

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When is an Injured Employee Ineligible for Workers’ Compensation Benefits?

Getting injured on the job is a serious situation. This is why companies are obligated to provide employees with specific reimbursements to cover all workplace injuries. This legal duty of care falls under workers’ compensation law, which entitles most injured employees to certain benefits. Although not as common, there are some cases in which an employee is disqualified from receiving workers’ compensation benefits.

Continue reading to learn more about workers’ compensation claims and benefits, including when an employee might be ineligible for such coverage.

Indiana Workers' Compensation Lawyers 317-881-2700
Indiana Workers’ Compensation Lawyers 317-881-2700

Occupational Health and Safety Administration (OSHA)

To understand workman compensation benefits, you need to know about OSHA regulations. The Occupational Health and Safety Administration (OSHA) is a governmental agency in charge of enforcing health and safety regulations in workplaces within the United States of America. Their primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers, and more, are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

Common Benefits Granted Under Workers’ Compensation Laws

When an injured employee makes a workers’ compensation claim, they are filing to receive compensation for their damages and losses incurred as a result of their workplace accident. Such damages and losses include hospital bills, medical expenses, lost wages from missing work, and similar out-of-pocket costs. Injured employees might also be compensated for permanent partial or total disability and for any permanent injuries.

Economic damages are for tangible financial losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Non-economic damages are not direct and tangible monetary losses, like medical bills. They are damages awarded for emotional or mental losses and hardships. See our blog, “What Benefits Am I Owed For My Workplace Injury Claim in Indiana?” for details about specific benefits that can be recovered through a workers’ comp lawsuit.

Workers’ Compensation Exclusion

There are also situations that would cause an injured employee to be excluded from worker’s compensation benefits. If an employee is injured at work under as a result of their own intentional conduct, an insurance company will likely deny their workers’ compensation claim. Cases that could render an injured employee ineligible for workers’ comp benefits include the following:

  • They were injured while committing a crime.
  • Their injuries were self-inflicted.
  • They were injured while under the influence of drugs or alcohol.
  • Their injuries occurred while partaking in a specifically restricted activity.

Where to Get Help With Your Workplace Injury Claim Questions

Always consult a licensed and experienced personal injury lawyer who specializes in workplace accidents for help understanding your rights to being compensated. Don’t let an insurance company tell you no when you need coverage for your resulting damages and losses. A skilled accident lawyer can help you recover the full and fair payout you deserve after being seriously injured on the clock.

Legal Advice For Workplace Injury Insurance Settlements in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your Indiana workplace injury claim with a licensed personal injury attorney you can trust. We retain extensive experience with workers’ compensation claims, and represent clients throughout the State of Indiana. Not only does our law firm offer free initial consultations, we never collect lawyer fees unless we obtain a settlement for you.

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What is the “Last Clear Chance” Rule in a Personal Injury Lawsuit?

A legal rule known as the “Last Clear Chance” doctrine is normally applied in personal injury cases that involve negligence on both sides. When both the plaintiff and defendant share some degree of fault for an accident, this legal rule may be applied as an exception to the rule of contributory negligence. But it depends on the state and whether or not the case involves contributory negligence or comparative fault.

Continue reading to learn more about the “Last Clear Chance” legal concept, including how it relates to personal injury lawsuits.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

The “Last Clear Chance” Legal Rule

The “Last Clear Chance” legal rule was originally established by judges as an exception to strict contributory negligence laws. In a personal injury case, this legal doctrine allows a plaintiff who was found to be partially at-fault for an accident to still recover damages so long as certain criteria are met. For instance, if a plaintiff were at-fault in an accident, they can still recover damages if the other party (the defendant) could have avoided the accident had they exercised reasonable care and forethought, in a contributory negligence type case.

For the Last Clear Chance” legal rule to be applied, the plaintiff holds the burden of proving:

-They were in immediate or real danger, and unable to disengage from that danger.
-The defendant was aware of the danger.
-The defendant had a practical opportunity to avoid or stop the accident.

Contributory Negligence Law

To better understand how the “Last Clear Chance” doctrine works, it is helpful to learn more about contributory negligence. Now sometimes known as “comparative fault”, contributory negligence was a basic legal concept that was very unfriendly to plaintiffs. It basically decreed that if a plaintiff were found negligent, even in the smallest degree, and their negligence was a cause of the accident, they could not recover any damages from any other at-fault parties.

Most states have done away with the strict, contributory negligence rule, and replaced it with a more forgiving and reasonable, “comparative fault” rule. The comparative fault legal concept is intended to reduce the amount of damages in accordance with the amount of fault the victim contributed to an accident. For example, take a look at Indiana’s comparative fault rule:

Indiana Comparative Fault Rule – IC 34-51-2-6

Indiana Code 34-51-2-6 states that, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault “proximately” contributed to the claimant’s damages.” This means that if a victim is no more than 50% responsible for the accident and subsequent injuries, they can sue their opponent for compensation to cover medical expenses, hospital bills, lost wages, and more.

On the other hand, if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. However, they may be able to collect from their own insurance company. Some states use strict contributory negligence laws, while others use comparative fault. Among the states that use contributory negligence laws, there are many that apply the “Last Clear Chance” law. See our blog, “What is Comparative Fault Analysis in a Personal Injury Case?” to learn more.

Where to Get Trusted Legal Advice Regarding Your Indianapolis Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are ready to pursue your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today.  We represent injured persons throughout the State of Indiana.

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Where to Find Legal Guidance for Your Child’s Injury Claim in Indiana

Naturally, when we hear our child has been seriously injured in an accident, we fear the worst and hope for the best. No one wants to discover that their kids have been involved in an accident at any level, nonetheless a serious one. To make matters worse, many children are injured as a result of another person or entity’s negligence and lack of care here in the Hoosier state. When this happens, we want details and justice all at the same time. In this case, it is wise to consider making a personal injury claim to recover the compensation your child deserves for the losses, damages, and suffering.

Continue reading to learn what you need to know about finding legal guidance for your child’s personal injury claim in Indiana.

Indiana Child Injury Lawyers 317-881-2700
Indiana Child Injury Lawyers 317-881-2700

Who Files a Personal Injury Claim for a Minor?

Parents and legal guardians have a constitutional right to pursue a lawsuit on behalf of their injured children or teenagers. If a minor is unjustly and carelessly injured through no fault of their own or even in the situation where your child may be partially at fault but the other driver is at least equally at fault, your child may be entitled to legal compensation for relative damages. Damages general damages, economic and non-economic damages, compensatory and punitive damages, and more. See our blog, “Legal Facts About Pain and Suffering Damages in Indiana” to learn more about calculating pain and suffering damages in a personal injury case.

Wrongful Death or Injury of a Child

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating cases, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Talk to a Licensed Accident Lawyer for Professional Legal Guidance

A licensed and experienced personal injury attorney can assist families with injured children with filing a claim against a negligent party’s insurance company. They have the proper resources, knowledge, and experience to successfully win your case and recover compensation for your damages or your child’s damages. Our goal is to recover full and fair compensation for the injuries and damages sustained and suffered by our injured clients. We will handle all negotiations with opposing insurance companies and their adjusters and attorneys in order to settle out of court. If we cannot come to a full and fair settlement outside of court, we will take your case to trial and let a jury decide the case.

The Cost of a Personal Injury Lawyer

Many parents want to pursue a lawsuit or personal injury claim for their children’s accident and injuries, but they do not in fear that they cannot afford legal services. Fortunately, most accident attorneys, such as ourselves, work on a contingency fee basis. This means we do not collect any legal fees unless we prevail and win your family compensation. See our blog, “What are Contingency Fees?” to learn more about personal injury costs.

From the settlement or judgment, you pay the attorney for our services. If we do not win your case, you owe us nothing. Injury lawyers also offer free initial consultations to assess your case and determine your child’s eligibility for remuneration. If they feel you have a valid claim and believe they can win your case, they will represent you for free until you receive your recompense.

Your Trusted Indianapolis Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim for your child in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you and your child deserve after your minor child has been seriously injured in an accident caused by the carelessness of another. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today. We represent injured persons throughout the State of Indiana.

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4 Factors to Consider Before Agreeing to a Structured Settlement

In a personal injury case, a structured settlement is an agreed-upon, periodic payment arrangement in which the victim (or claimant) receives a determined amount of money over a specified stretch of time. Although there are both pros and cons to entering a structured payment plan, as a personal injury victim or claimant, it is important to understand what is at stake before the insurance company attempts to arrange one with you and your attorney.

Continue reading to learn the top 4 factors to consider when deciding on a structured settlement, as well as, where to get legal advice regarding your potential accident claim.

Structured Settlement Accident Attorneys Indianapolis Indiana 317-881-2700
Structured Settlement Accident Attorneys Indianapolis Indiana 317-881-2700

Entering a Structured Settlement

One of the top benefits of structured settlements is that recipients typically get paid more money overall, as lump sum payouts are usually negotiated lower. One of the main disadvantages discussed among structured settlement recipients and legal advisors is the fact that it can hold you back from using it to invest in things like stocks, bonds, real estate, business, schooling, and more. In fact, this is one of the first considerations you should make in regard to a structured settlement.

Here is are the top 4 factors to consider before entering into a structured payment arrangement:

1. Investment Capabilities – As just mentioned, structured settlements can sometimes have an impact on your investment potential. If you accept a lump sum payment, you are free to take full advantage of investment opportunities and earn more money down the line. With a structured settlement, periodic payments might not be enough to make a significant or valuable investment.

2. Big Acquisitions – If you want to use your settlement money to purchase something large or of great value, such as a house or business, it might be difficult doing so if you are only being paid a certain amount at a time. Lump sum payments allow recipients to make big purchases.

3. Exaggerated Offers – It is common for insurance companies to overplay the value of the settlement offer to recipients, in an attempt to increase their eligibility for certain industry or tax rebates, or specific legal defenses. This is all in attempt to reduce the actual cash value of their settlement offer.

4.  Age and Time – If a recipient of settlement is old in age, or probably does not have many years left to live otherwise for health reasons, a structured arrangement would be arbitrary. A recipient that is old or terminally ill might not live long enough to see the conclusion of the structured settlement.

Learn More About Your Claim From a Trusted Indianapolis Accident Lawyer

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted legal advice regarding your personal injury claim in Indianapolis, Indiana. Our esteemed personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will work hard so you can recover the full and fair compensation you deserve after being injured in a serious accident. Not only do we represent injured people throughout the State of Indiana, we never collect lawyer fees unless we obtain a settlement or judgment for you.

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How to Win a Car Accident Lawsuit

A motor vehicle accident can happen in a second. One moment someone is driving down the road peaceably, and the next minute they find themselves in the midst of a motor vehicle collision. Because there are so many factors involved in proving a personal injury case, it is important to consult a personal injury attorney for professional legal counsel.

Continue reading to learn what you need to know about how to win a car accident lawsuit if you are injured through the fault of another.

Indiana Car Accident Lawyers 317-881-2700
Indiana Car Accident Lawyers 317-881-2700

Receiving Compensation Through a Settlement

Violating road signs, ignoring traffic signals, zipping through stop lights, not paying attention, speeding, driving under the influence, and several other types of reckless or negligent driving behaviors are common causes of automotive collisions that result in injuries. If a victim was injured as a result of another driver’s negligence, they will most likely be eligible to pursue compensation for their damages. In order to recover compensation for pain, suffering, medical bills, lost wages, and various other standard damages, a victim holds the burden of proving their case. A skilled personal injury lawyer will retain the proper resources, knowledge, and skills to effectively prove a case against the negligent party.

However, as an injured victim, you can also take certain steps to help increase your chances of recovering a settlement and being fully compensated, such as:

☑ Contact 911 and Get Medical Care

If you are ever involved in a car collision that causes you injury, the first thing you or the person with you needs to do is contact emergency services immediately. The most important concern is your health and safety. Contact 911 or some other type of emergency medical dispatch service for immediate medical attention. Once you are medically stable, you can take the next vital steps, which include seeing a doctor for your injuries and hiring a lawyer to represent your claim. See our blog, “Tips for Documenting Your Injuries After a Car Accident” to learn how to assess your own car accident injuries.

☑ File a Car Accident Report With Police

It is very important to have a police report filed with the details of the car collision and the injuries you sustained. With a police report on file, judges and juries can use the details as proof of evidence in your case. See our blog, “Are Police Reports Important to an Auto Accident Claim?” to learn how police reports can impact your case.

☑ Hire a Licensed Personal Injury Law Firm

You should always hire proper legal counsel. It is imperative to hire legitimate and licensed personal injury attorney services in order to have your best chance at recovering remuneration for your damages following a car accident. Accident attorneys are specialized and extensively educated and experienced in personal injury law. They have the legal resources and proficiency to effectively represent you in your case. Most law firms do not charge upfront fees for their services, and instead, collect their attorney fees once they win compensation for you. If they do not win compensation for you, you do not owe them any fees at all.

Indianapolis Personal Injury Lawyers You Can Count On

Call the Law Office of Craven, Hoover and Blazek P. C. at 317-881-2700 to secure your rights after a serious car accident injury in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover and Keith Blazek retain extensive trial and litigation experience in accident law and specialize in car accident and trucking cases. It is important to act fast after being injured in an accident because the sooner you act, the more likely your chances are of winning your claim and recovering compensation for your damages because evidence can be obtained before it is gone. Call 317-881-2700 to schedule a free initial consultation with a licensed car accident lawyer in Indianapolis, Indiana today.

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The Difference Between General Damages and Punitive Damages

When a victim is awarded a judgment in a personal injury case, it is for the purpose of helping the victim recover from their damages and losses they’ve wrongly suffered as a result of the accident. There are different kinds of damages in a personal injury case, some that compensate victims for pecuniary losses, and others that are meant to punish the negligent and serve as an example. Among all the possible types of damages, two common categories of damages awarded in accident cases are general damages and punitive damages.

Continue reading to learn the difference between the two, and what to do if you recently suffered serious injuries as a result of another’s negligence, recklessness or malicious intent.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

General Damages

General damages fall under compensatory damages, also known as “actual” damages since they are calculated by traceable, quantifiable, and tangible losses. Such damages are awarded in a personal injury case to compensate a victim for the various financial losses they’ve suffered as a result of being negligently injured. Such losses that fall under general damages include hospital bills, medical expenses, lost work income, and sometimes legal fees and property damage.

General damages, also known as hedonic damages, are intended to compensate for non-economic losses, such as pain and suffering. Additional examples of possible losses covered under general damages include permanent disfigurement or disability, prolonged physical therapy, loss of the ability to work, reduced quality of life, mental anguish, loss of consortium, and wrongful deaths.

Special Damages

In addition to compensatory and general damages, special damages compensate victims for quantifiable economic losses, such as lost wages, hospital bills, medical expenses, legal fees, and property damage. Special damages can also include incidental and future damages if evidence can prove future losses like prolonged therapy or loss of earning capacity.

Punitive Damages

Not only are personal injury victims compensated for their economic and non-economic losses, they might also be awarded extra compensation for punitive damages. Punitive damages are not meant to cover a physical or mental loss. Instead, they are awarded to punish the defendant and set an example to the public to thwart the particular type of conduct involved. You see, standard negligence is violating your general, lawful duty to act with reasonable care. Gross negligence, on the other hand, is this same disregard for your duty of care, but at an egregious level.

In most states, a victim can seek punitive damages if the negligent party is found to have demonstrated intentional misconduct, gross negligence or reckless indifference. Gross negligence refers to conduct that is reckless and demonstrates or represents a mindful disregard or lack of sympathy of another’s safety, health, life, or civil rights. In some states, it is only required to prove that the negligent party acted recklessly, maliciously, or deceitfully.

Examples of intentional misconduct and gross negligence:

A person drops a heavy rock from a highway bridge with the intent of hitting a passing car. The rock smashes into the windshield of a moving car, causing the driver to instantly lose control of their vehicle and wreck. The driver is seriously injured, and might be awarded punitive damages under the principal of intentional or reckless misconduct.

A building inspector informs a business owner that their roof is in dangerous condition, and orders that the hazardous areas be closed off to customers until they are repaired. The business owner fails to take any action, and later, the roof collapses on a group of customers, severely injuring them. These customers might be awarded punitive damages under the principle of gross negligence.

Where to Get Help With a Personal Injury Claim in Indianapolis

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. Our experienced accident lawyers can help you obtain the settlement you deserve after suffering a serious injury. We offer free initial consultations and never collect attorney fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

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Is the Ability to Make an Injury Claim Limited to Spouses Only?

If your spouse was seriously injured in an accident caused by another’s negligence, you might have questions about collecting compensation for yourself, for the losses you have suffered as a result of their injuries. In your case, you may be able to make a personal injury claim for loss of consortium, services, society and companionship . But because such claims are very delicate and complex, it is vital to retain legal counsel from an experienced personal injury law firm.

Continue reading to learn more about loss of consortium claims, and what you need to know about making a claim for your losses and damages.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Loss of Affection, Assistance, and Companionship

Loss of consortium claims are also known as “loss of affection” and “loss of companionship” claims. The universally-accepted definition of loss of consortium reads, “the legal right of one spouse to the company, affection, and assistance of and to sexual relations with the other.” On the other hand, loss of consortium claims can also be made by parents of seriously injured children, which means that the definition can be altered depending on the type of relationship and loss of company.

If your spouse’s injuries have caused your marriage to suffer, either due to a loss of companionship, partnership, or any other emotional or physical deficit, you may be entitled to make a loss of consortium claim. In another example, if a parent’s child is seriously injured (or killed) in a negligent accident, and as a result, the parent-child relationship is severely impacted from a loss of company, affection, or even assistance, they too may be able to make a claim.

However, the rules surrounding loss of consortium claims vary from state to state. For instance, currently under Indiana law, the only people permitted to make a loss of consortium claim are actual spouses. Furthermore, they must have been legally married at the time of the injured spouse’s accident. Moreover, laws change so it is important so talk with an attorney.

How to Make a Loss of Consortium Claim for Your Spouse’s Injuries

If you wish to learn more about your rights to compensation after losing companionship, affection, and similar emotional and physical needs as a result of your spouse’s or child’s injuries, your first step is to talk to a personal injury lawyer. They have the acumen, resources, and experience to educate you on your situation, and provide professional advice on the best course of action for your claim. Schedule an initial consultation to discuss your case, and learn what your next steps should be.

Get Advice From an Indianapolis Personal Injury Lawyer Today

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. We can help you recover the fair compensation you deserve after you and your spouse have suffered serious injuries as a result of a negligent accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. But please schedule your consultation before time runs out on your claim! We are located in Indianapolis, Indiana and we represent injured persons throughout the State of Indiana.

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