Top 3 Mistakes to Avoid When Filing a Personal Injury Claim

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

If you have been involved in an accident in which you sustained injury, it is vital that all proper and necessary steps are taken to file a personal injury claim against the guilty party. Unfortunately, doing this on your own can leave room for mistakes. If a mistake is made during the filing process, you can potentially be denies compensation for your injuries. Continue reading to learn how to avoid the top 3 mistakes made in a personal injury claim.

❶ Failure to Document the Accident Scene

It is understandable that many victims of personal injury fail to document the scene of the accident. A combination of shock, emotional trauma, and pain can interfere with a person’s intent to document the accident sight. Unless a victim is unconscious, it is highly recommended to take photos and video to record the happenings, locations, and other various circumstances surrounding the accident. In the case that a person is injured to the point of unconsciousness, a legal representative can help track down ambulance and police records following an accident. Having these records and documentations is a great advantage for someone pursuing legal compensation for their injuries, medical bills, and time off work. It is a full-proof method of verifying the occurrences and events of the accident, and stands solid in a court of law.

❷ Failure to Seek Medical Attention

Another common mistake people make following a personal injury is failing to seek medical attention altogether. By not seeking medical help, it ascertains that a person is not as seriously injured as they claim. This shows the court that the injuries sustained are not severe enough to receive compensation for the accident.

❸ Giving Statements Without Legal Representation

If a person is involved in an accident that caused them to sustain personal injuries, it is important for them to never give any official statements concerning the accident unless they have a lawyer present. Legal representation during a personal injury law suit is vital when it comes to apply for compensation. It is easy for a person to say something that can contradict or annul a personal injury claim in court. Speaking to a personal injury attorney before making official statements about the accident is the most important step to pursuing compensation for damages and injuries following an accident.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorney, Daniel Craven, has several years of trial and litigation experience and will work hard to recover the full and fair amount of compensation you deserve after sustaining a wrongful injury. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to schedule your initial consultation with a trusted personal injury attorney in Indianapolis, IN.

Can I Settle My Own Personal Injury Claim?

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Truthfully, more than 90% of personal injury claims never become a lawsuit because they are settled out of court. Negotiating a settlement out of court makes the legal process simpler and more efficient, and it costs much less than having a trial. For less complicated cases, it is the least-risky alternative for all parties involved. In order to make the process even less risky, it is strongly advised to seek out professional legal counsel. Personal injury lawyers retain the proper knowledge, resources, and experience to accurately manage an accident claim and negotiate a full and fair settlement.

Although it is strongly encouraged to hire an attorney, an injured victim could choose to represent themselves and attempt to settle their claim all on their own, but this is not recommended. Continue reading to learn why settling a personal injury claim without a licensed attorney can be detrimental to a victim’s case.

Personal Injury Settlements

If you are thinking about settling your personal injury claim yourself, there are a few things you should know. First, consider settling out of court for the aforementioned reasons. It will cost you much less if you can avoid a trial. You will then need to calculate all your damages, including economic losses, special damages, general damages, and past and future losses. And be sure to have proof of these numbers. Then you will need to adjust this value by mitigating certain damages and adding in certain factors of your case, including liability, the number of defendants, your age, your occupation, your medical history, and more. Then you can make your claim by writing a settlement demand letter to the insurance company (yours or theirs).

Keep in mind that you are not likely to have as good an outcome, in terms of recompense, without the professional assistance of a licensed attorney. A lawyer has the negotiating skills and experience to render a fuller and fairer settlement. There are several tricks and traps insurance companies will use against claimants in order to absorb the least amount of liability and pay out the least amount of compensation possible. Attorneys that practice injury law are familiar with these methods and know how to navigate through them so their client’s get what they fully deserve.

Without professional legal counsel, you are an easy target. The law is confusing and there are several aspects to a personal injury claim process. Aside from all the filing and paperwork, you would have the burden of proving the other party’s liability. This requires a comprehensive understanding of accident law, injury law, and more. It would be near impossible to adequately prepare yourself for what you need to know to easily and effectively settle your own claim.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to learn about filing a personal injury claim in Indianapolis, IN today.

Is Market Share Liability Still Used in Product Liability Cases?

Market share liability is a legal set of rules that plaintiffs and courts can use against a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. Continue reading for an example of a market share liability case, and more about how it applies to product liability cases.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

Market Share Liability

Market share liability is rarely used in the court system today. In order for it to apply, four distinct factors must be true about the case: it must be impossible to determine which manufacturer provided the actual product that harmed the actual victim, all manufacturers were active suppliers of the product when the damages occurred, the product must be fungible (the same no matter who made it), and a majority share of the manufacturers of the product must be present as defendants in the lawsuit.

If all four of these factors are true in a product liability case, market share liability could be applied. This of course all depends on individual circumstances, evidences, and varies case to case. It is important to discuss your legal questions regarding personal injury or product liability with a licensed attorney that focuses on your accident case.

Case Example

The market share doctrine originated in California after a DES case was revealed. Mothers were prescribed a medication called DES that prevented miscarriages. Later, the adult-children of these mothers began to develop reproductive tract cancers, like vaginal tumors, masses, and more. Since it was impossible to determine which drug company provided the DES that was prescribed to their mothers, the courts decided to apportion the liability among all (or most) of the drug companies that manufactured the DES medication at the time the mothers were prescribed to it.

The apportioned share in a market share liability case is not always equal among manufacturers. It is divvied according the percentage of the product they produced and distributed at the time a victim was injured by it. If you or a loved one was injured by a defective product, contact a licensed personal injury lawyer to learn your rights before the statute of limitations runs out. You could be entitled to compensation for your damages and losses.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn about product liability or to file a defective product injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can offer you accurate and information answers to your legal questions. We offer free initial consultations so there is no financial obligation to discuss your case! We also never collect attorney fees unless we win your case. Call 317-881-2700 to speak with a product liability lawyer in Indianapolis, today.

Common Slip and Fall Injury Questions

Slip and Fall Lawyers 317-881-2700

Slip and Fall Lawyers 317-881-2700

When you or a loved one is injured in a slip, trip, or fall accident, it is natural to have questions regarding insurance, legal affairs, and more. When an accident like this happens as a result of another person or entity’s negligence, you may be owed compensation for your damages and losses. Always be sure to first seek immediate medical attention if you injury yourself after slipping and falling. Even if you feel like you are not injured, it is wise to have yourself check out by a medical professional to be sure.

Some injuries are dormant for days or weeks before showing signs, like concussions, neck injuries, fractures, and more. It is common to not feel injured immediately after an accident. Once you receive medical care, you are ready to call a slip and fall lawyer. Continue reading to learn some facts about slip and fall injuries and accidents, as well as, some common questions regarding such cases.

Do I Have a Slip and Fall Case?

To entirely understand your case top to bottom, you will need the professional assistance of a personal injury lawyer. They have the knowledge, experience, and resources to investigate your incident and determine if you have a valid case. Lawyers must consider all the unique and individual details of each client’s case in order to assess whether or not they are entitled to compensation for their losses. Such aspects include: extent of injuries and subsequent damages (losses), the at-fault party(s), the amount of evidence, and more.

What is the Time Limit for Filing a Slip and Fall Claim?

The time limit to file a lawsuit is called the Statute of Limitations. This time limit varies from state to state, and offense to offense. In Indiana, injury lawsuits have a statute of limitations of two years. This means you have two years from the date of your accident to file a claim against a negligent party. If you fail to do so in the allotted time, you lose your chance and can never file again.

How Much Does a Slip and Fall Lawyer Cost?

Reputable and established personal injury law firms generally work on a contingency basis. This means they do not collect any upfront legal fees or costs, and only collect payment if they win their client’s case. With this type of payment model, anyone can afford a slip and fall lawyer no matter what. Other law firms that do not operate this way may offer financing, payment plans, and more. Discuss payment arrangements with your personal injury lawyer before signing any documents.

Should I Pay My Medical Bills Myself?

Depending on the type of insurance policy you have, the insurance policy of the at-fault party, and the state you live in, this can vary. In some cases, victims have to pay their own medical bills and expenses, and then get reimbursed after the settlement. Other times, the opposing party’s insurance company pays these bills. If the claim is not successful, victims might be left to pay for their expenses themselves. It all depends on the circumstances of the case and the insurance companies. This is another reason why you need the services of a licensed accident attorney.

How Long Will It Take to Settle My Slip and Fall Claim?

The time it takes, from the moment you contact a law firm to the moment you cash the recompense check, greatly varies from case to case. Personal injury attorneys work hard to win a client’s case as quickly as possible to get them back to their normal lives. This is their whole purpose: to help victims get the full and fair compensation they deserve so they can concentrate on getting back to normal after a serious injury or accident.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall claim in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in accident law. Our law firm offers free initial consultations and NEVER collects lawyer fees unless we win your case! Call 317-881-2700 to schedule your consultation with one of our passionate slip and fall lawyers in Indianapolis, IN today.