Proving Libel or Slander in a Defamation Lawsuit

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

What protection do we have against those who wish to harm us, not physically, but in terms of our reputation and personal contentment? The answer: defamation laws. Defamation laws are set to protect individuals and entities (i.e. companies, organizations, corporations, etc.) from false statements that can harm or damage their repute. Although there are infinite ways to make such statements, defamation of character can fall into one of two categories (or both) that you are probably familiar with: Libel or Slander.

Libel refers to harmful statements that can be seen, such as a written publication. Slander, on the other hand, refers to defamatory statements that are heard, such as an online video or radio broadcast. Continue reading to learn more about libel and slander, and how to prove fault in a defamation lawsuit.

Defamation Laws

It is an on-going struggle for courts to determine which statements are defamatory since the possibilities are endless. In common law, a defamatory statement is a published communication (either radio, written, or video) that tends to harm an individual’s reputation by lowering them in the estimation of their community or deterring third persons or entities from associating with them. This is according to the American Restatement of Torts, or “The Restatement.”

Proving Fault for Libel or Slander

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Under tort law, the plaintiff holds the burden of proving their opponents fault in a defamation case. For this reason, it is vital to retain the services of a seasoned personal injury attorney for safe, secure, and strategic representation. They have the knowledge, experience, and resources to win the jury’s vote and protect a person’s rights to compensation. In order to prove their defendant’s fault, a victim must prove 4 specific elements:

It must be proven that the defendant made a statement that was false and defamatory to the plaintiff.

It must be proven that the defendant made the defamatory publication to a third party.

It must be proven that publishing the communication was an act of negligence on the publisher’s behalf.

In some cases, the plaintiff must prove special damages. They must show how the defamatory statement or publication caused harm to their reputation and/or well-being.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

It is important to discuss your concerns about any serious harm you’ve experienced as a result of another’s negligence with a seasoned personal injury lawyer who can help you understand your case. Just call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and look forward to helping you with your claim. Call 317-881-2700 to get started today.

Craven, Hoover, and Blazek P.C. is the Personal Injury Law Firm That Truly Cares about Helping Accident Victims in Indiana

Choose an Indianapolis Personal Injury Lawyer That Has Your Best Interests at Heart.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Here at Craven, Hoover, and Blazek P.C., we are a seasoned Indianapolis law firm that specializes in personal injury law and wrongful death. Our personal injury law office is conveniently located on the South side of Indianapolis off of Meridian Street, in between West Southport Road and West Meridian School Road. No matter which side of town you are coming from, our location makes it easy for clients to find us for consultations and appointments.

Wide Range of Practice Areas

Since the inception of our law firm, Craven, Hoover, and Blazek P.C. has been helping Hoosiers recover the fuel and fair compensation they deserve after being injured in an accident that was no fault of their own. We are involved in several practice areas, ranging from serious injury cases like wrongful death and brain injuries, to motor vehicle accidents, slip and falls, workers’ compensation, and much more. We provide their services to residents all across Indianapolis, and throughout Indiana.

Regardless of where your accident took place in the state, our seasoned lawyers are here to help you get your life back on track financially. We are a very compassionate law firm that is dedicated to helping people recover damages, lost wages, and out-of-pocket costs resulting from a personal injury accident. We are well-versed and experienced in personal injury law, and can meet with clients at any time for a free consultation.

Easy Scheduling and Sincere Client Support

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

The lawyers at Craven, Hoover, and Blazek P.C. make it easy for new potential clients to communicate with the law firm. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will meet potential clients from anywhere in Indiana! Visit our personal injury website for more information about our practice areas, credentials, and more. For anyone that wishes to file a personal injury claim, contact us today at 317-881-2700 and get started on a path to get your life back on track after a serious accident.

Are You a Bicycle Accident Victim That Was Injured By a Negligent Driver?

Indianapolis Bicycle Accidents

Bicycle Accident Lawyer Indianapolis Indiana

Bicycle Accident Lawyer 317-881-2700

Unfortunately, bicycle accidents are moderately common throughout the United States; and a large percentage of these accidents are caused by motor vehicles and negligent drivers. In fact, according to a 2008 data log from the NHTSA (National Highway Traffic Safety Administration), nearly 53,000 bicyclists were injured in traffic accidents since the year 1932. From this number, more than 700 of these bicyclists were killed; and even more disturbing, 13 percent of those killed were children. 25% were injured
children on bikes.

Negligent Drivers

When a person is injured while riding a bike, and the injury was caused by negligent driver, this rider may be entitled to compensation for their injuries and damages. Bicycle accident victims that were injured as a result of another person’s negligence can pursue a lawsuit and most likely win the case. This is because cyclists have rights on biker-friendly roads. Drivers on these roads need to be respectful of bikers and drive cautiously around them. A bicycle accident lawsuit largely depends whether or not this person seeks professional legal counsel to properly file claim against the negligent party. It is always highly recommended to consult a highly accomplished and experienced bicycle accident injury attorney for accurate information about filing personal injury claims and lawsuits. Accomplished and reputable law firms never charge attorney fees unless they prevail in a settlement or trial, and first consultations should always be free.

Bicycle Accident Claims

Bicycle Accident Lawyer 317-881-2700

Bicycle Accident Lawyer 317-881-2700

There are a few scenarios in circumstances that can set back a bicycle accident personal injury claim in negotiations or trial. For example, if a person decides to ride the bicycle at night without proper reflective lights or attire, they can be liable for their own damages if injured by a motorist. Also, if a person riding a bike sales to obey the rules of the road and then suffers injuries in a bicycle accident, they can also be liable for their own damages.

On the other hand, if the driver fails to obey the rules of the road and hits a bicyclist, the bicyclist may be eligible and entitled to legal compensation. No matter if the driver was under the influence of a certain substance, texting and driving, disobeying traffic signs are lights, or simply not paying attention, they can still be held responsible in a court of law for hitting and harming a cyclist on the road.

Indianapolis Accident Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a bicycle accident injury claim in Indianapolis, Indiana. Remember, if you are loved one were hit by motorist and injured, you may be entitled to compensation for your damages and losses. Act fast so that Indiana’s statutes of limitations doesn’t pass you by! The majority of accidents caused by negligent drivers are taken to court and won successfully. If you are bicycle accident victim, schedule a free initial consultation with one of our experienced Indianapolis accident attorneys to assess whether or not you have a case. And we never collect lawyer fees unless we recover compensation for you.

Experience You Can TRUST

Personal Injury Lawyers Indiana

Personal Injury Lawyers Indiana 317-881-2700

Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive litigation and trial experience for various personal injury practice areas, and we can pursue remuneration for numerous damages, such as medical expenses, hospital bills, lost wages, wrongful death, mental anguish, pain and suffering, scarring and disfigurement, loss of love and companionship, loss of ability to work, and much more.

Contact us today at 317-881-2700 to schedule your free initial consultation and determine whether or not you are eligible for compensation from suffering damages from a bicycle accident in Indiana.

Common Strategy Used By Insurance Companies to Assign a Dollar Amount for Pain and Suffering

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

If a person, company, or manufacturer was negligent to the point that serious injury was caused to an innocent person, the victim could seek compensation from the negligent party’s insurance company for their resulting damages and losses by filing a third-party claim. Standard damages and losses include hospital bills, medical expenses, lost wages (time off work), and other common types of economic losses that can be calculated financially.

But often, the victim sustains more than just economic losses after being carelessly injured in a negligent accident that was no fault of their own. This is referred to as “pain and suffering” and includes non-economic losses such as actual pain, prolonged pain, prolonged physical therapy, emotional anguish, mental trauma, permanent disfigurement, loss of limb, loss of companionship, loss of professional licensing, loss of ability to work, reduced quality of life, and much more. You see, an injury causes much more grief and struggle than just financial loss.

Determining “How Much” for Pain and Suffering

Because every case has its own unique merits and circumstances, they all differ in terms of negotiating and settling on an amount for all losses and damages. Sometimes the recovery for the pain and suffering portion of a victim’s compensation is small, and sometimes it is significant. It all depends on the amount of proof and evidence their legal team can come up with to defend their right to compensation, as well as, several other legal factors. It is best to discuss your right and limits to compensation with an experienced personal injury attorney who can provide accurate information and professional counsel.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Although it is virtually impossible to say exactly how much pain and suffering earns a victim in a personal injury case, there is a common strategy used by insurance companies to estimate the amount of compensation the victim is owed for their pain and suffering. It is important to take note that not every insurance company uses this strategy, and that there are several other strategies used to calculate accident settlements. For a general idea of how its commonly done, take a look below at the example.

Calculating Pain and Suffering

It is common for insurance companies to use a scale to calculate the amount owed for pain and suffering. They add up all of the victim’s actual financial losses, and then they determine how severe the victim’s injuries were on a scale 1 through 5 (this range varies). Then they multiple the total amount of financial losses by the number on the scale that best represents the severity of the victim’s accident and subsequent injuries. Here is an example:

Financial Losses:

Medical Expenses – $2,000
Hospital Bills – $13,000
Lost Wages – $3,000
Total = $18,000
Severity of Injuries: 4
$18,000 x 4 = $72,000
Compensation Added for Pain and Suffering = $54,000

There are Various Possibilities

Keep in mind that the above is just one example of how an insurance company might calculate pain and suffering on top of financial losses. There is far more to the equation in almost all cases. This is only intended to provide you with a basic understanding. Talk to an attorney for details about your specific case.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indiana

Personal Injury Lawyers Indiana 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have practiced personal injury law for over 20 years. Also, our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you! Call 317-881-2700 to schedule a consultation with a licensed and compassionate Indianapolis accident attorney, today.

Explanation of Pain and Suffering in a Personal Injury Case

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a person is wrongly injured as a result of another’s negligence, they may be entitled to certain compensation to cover their losses and damages. Losses and damages generally include economic losses that can be calculated monetarily, such as hospital bills, medical expenses, lost work wages, and more. But sometimes, a victim can also receive compensation for non-economic damages and losses, such as prolonged physical pain, permanent disfigurement, a loss of limb, lengthy physical therapy, a loss of companionship, reduced quality of life, mental anguish, and more.

All of these damages, both economic and non-economic, fit under the umbrella category of “pain and suffering.” Continue reading to learn more about pain and suffering in a personal injury case.

What is Pain and Suffering?

The phrase, “pain and suffering” is a common legal term used in personal injury practices to describe economic and non-economic damages and losses a person may experience after sustaining a serious injury or being involved in a serious accident. The term is meant to describe both physical and nonphysical harm that resulted from such trauma.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Physical injuries include everything from flesh wounds and muscle injuries, to spinal cord injuries, nerve injuries, brain injuries, and more. Non-physical injuries include emotional mental trauma such as fear, anxiety, grief, worry, insomnia, a loss of enjoyment for one’s life, and more.

Since it is difficult to provide evidence to prove non-physical injuries without a reasonable doubt, it is necessary to have an experienced personal injury lawyer to navigate, negotiate, and settle your claim. They have the skills, experience, knowledge, and resources to ensure your rights to compensation, and to protect you from aggressive insurance adjusters and unfair settlements. Be sure to choose an Indianapolis personal injury attorney that has extensive trial and litigation experience. They will have what it takes to recover the full and fair compensation you deserve for the pain and the suffering you’ve experienced as a victim of a serious accident.

Indianapolis Personal Injury Law Firm

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need an experienced Indianapolis personal injury attorney who you can trust. Seasoned accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, have practiced personal injury law for decades. Our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you! Call 317-881-2700 to schedule yours today, and get started toward a brighter future with the settlement you deserve.