FAQS About Losing a Personal Injury Lawsuit

There are many ways a plaintiff can lose their personal injury lawsuit. A directed verdict, summary judgement, or jury verdict for the defense are all possibilities. When this happens, the victim is usually asking themselves what they are supposed to do next. After all, they still have all of their losses and damages to cover, including hospital bills, medical expenses, lost wages, and more. If you are wondering the same thing, continue reading to review some frequently asked questions about losing accident cases.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Can I Get a New Trial?

Although there is a procedure in place where lawyers can ask the presiding trial judge if they can have a new trial before an appeal is filed. Unfortunately, this motion is rarely granted. This is because there has to be a blatant and copious amount of procedural or evidentiary errors to be granted a new trial. You can’t get a new trial simply because you do not like the jury’s verdict. Also, most judges believe their rulings are correct, and any errors your lawyer points out will be likely justified.

Can I Appeal?

Just like requesting a new trial, you cannot appeal simply because you disagree with the jury’s verdict. To appeal, there must be specific grounds in order; and the possibility of specifics are nearly infinite. One way to be granted an appeal is if the court makes a mistake known as, “reversible error.” This is when the court makes an error that is so influential, it affects the outcome of the case. This includes not allowing key witness testimony and misleading jury with inaccurate instructions not according to the law.

Do I Owe Money if I Lose?

You will owe money, either out-of-pocket or through your insurance, or both. However, it is likely that you will not owe your lawyer anything since most accident firms work on contingency. This means they do not get paid unless they recover a settlement for you. You will have to pay for any court fees, filing fees, notaries, and more. It is also possible that you will have to pay the defendant’s taxable costs. This doesn’t include everything they paid to go to court, but is does include large parts of it, such as expert witness testimonies. Depending on how long your case was at trial, these costs can add up to the thousands.

If I Lose My Lawsuit, Does it Mean I Chose an Inadequate Attorney?

Absolutely not. Losing a lawsuit does not mean that your lawyer dropped the ball. You can never predict how a jury is going to feel, or which parts of the case they will grip onto the most. You should not accuse your attorney of malpractice. You should remember that they too lost time and money fighting on your behalf.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with an Indianapolis personal injury lawyer about your accident claim, today.

What is a Class Action Lawsuit?

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When a group of people who suffer the same or similar injuries as a result of a product or particular action come together as a whole to sue the party responsible, it is called a class action lawsuit. It is a basically a multi-party lawsuit brought on against the at-fault party, whether that’s a person or entity. Additional terms used for class action lawsuits include “mass tort litigation” and “multi-district litigation” (“MDL”).

The most common causes for class action lawsuits include:

▬ Product Defects – Vehicles, drugs, toys, exercise equipment, etc.
▬ Medical Malpractice – Surgeries, birth injuries, negligence counseling, etc.
▬ Defective Drugs – Contaminated medicines, prescription drugs, etc.
▬ Toxic/Oil Spills

The most common types of conduct that lead to class action lawsuits include:

▬ Corporate Misconduct
▬ Consumer Fraud
▬ Securities Fraud
▬ Employer Misconduct
▬ Discrimination

Mass Tort Litigation

Another form of class action lawsuit is called “mass tort litigation” or “mass tort action”, and it is used when a massive accident injures a large group of people, such as a plane crash or building fire. It can also be used when a massive group of people are injured by the same product, such as a defective medical device or surgical implant.

Lawsuit Consolidation

When a group of injured victims become a part of a class action lawsuit, all aspects of litigation are consolidated into one lawsuit. This includes claims, attorneys, evidence, witnesses, and the total amount of losses and damages suffered by all victims. Class action lawsuits are important because when a product or action causes a large group of people injuries, it is too difficult (sometimes impossible) pursuing individual lawsuits. When this happens, the group of victims have to come together and file a lawsuit with a plaintiff representative, which is a professional who will represent all claims as one. These professionals are called named plaintiff or lead plaintiff.

Indianapolis Personal Injury Lawyers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
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. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you deserve. 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.

The Basics Behind Whiplash Personal Injury Claims

Whiplash Injury Lawyers 317-881-2700

Whiplash Injury Lawyers 317-881-2700

Car accidents injure more than 50 million people each year! With this number in mind, it is astonishing to also know that more than 75 percent of these victims suffer a common medical condition called whiplash. In fact, it is one of the most common personal injury sustained after a motor vehicle accident. Suffering from whiplash is an uncomfortable, painful, and traumatic experience that can result in life-long orthopedic complications, limitations, and prolonged rehabilitation. It can cause immediate pain, or show up days later.

The severity of damage is unique to every accident and situation. All people, including children, can suffer whiplash injuries. Continue reading to learn more about whiplash and personal injury claims if you or a loved one was recently injured in a car accident.

Whiplash Injuries

The term “whiplash” is a non-medical term that refers to injuries sustained to the neck following a sudden or forced jolt. This is often the result of the head suddenly being forced sideways, forwards, or backwards. Although the medical communities cannot find an exact cause of whiplash, when a person is involved in an impact while riding or driving in a car, you can visibly see the neck whip back and forth. This causes people aches, pains, discomfort, throbbing, and more in their neck, back, and shoulders.

Whiplash Injury Lawyers 317-881-2700

Whiplash Injury Lawyers 317-881-2700

The pain and discomfort may not show up right away, and can come days later. It can last for a few days, or even weeks and months. And sometimes, more serious collisions can cause prolonged pain and complications. This area of the human body are very complex, making whiplash a tricky injury to treat, medically. Most physicians suggest hot and cold presses, over-the-counter pain medications, and rest. These remedies can reduce any muscle swelling and relieve minor aches and pains. For more serious whiplash injuries, a person might need to see a doctor or physical therapist.

For serious whiplash injuries that were sustained as a result of another driver’s negligence, it is strongly suggested to consult a personal injury lawyer to discuss filing a claim. A person hit by another driver and then seriously injured with whiplash may be entitled to compensation for their damages. With effective and proficient legal counsel, a person can collect remuneration to cover medical expenses, hospital bills, lost wages, time off work, pain and suffering, prolonged rehabilitation, and much more. Be sure to choose a licensed and reputable law firm that has the proper resources to represent you and your case.

Whiplash Injury Lawyers in Indianapolis

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim for whiplash in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations and never collect lawyer fees unless they recover a settlement for you! Call 317-881-2700 to schedule a consultation with a licensed personal injury lawyer in Indianapolis, today.

The Fundamentals of a Negligence Lawsuit

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a victim sues an at-fault person in civil court for personal injuries that resulted from an accident caused by the defendant, it is considered a negligence lawsuit. In criminal court, there are wrongdoers, whereas, in civil court, there are negligent or at-fault parties. In a negligence lawsuit, the plaintiff (victim or family of victim) carries the burden of proving their case. In order to do so, they must provide evidence to prove the 4 main elements of every negligence lawsuit.

The 4 Main Elements of a Negligence Lawsuit:

The Plaintiff must prove…

Ⅰ. The defendant had a legal duty of care.

An example of having a duty of care would be a school. Teachers and administrators have a duty of care to ensure children are looked after and kept safe from danger.

Ⅱ. The defendant breached that duty of care.

Continuing the example above, if the teacher takes their class to the park, and a child falls into a pond, she is guilty of negligent supervision.

Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.

Since the child would likely have not fallen into the pond if they were being properly supervised, the teacher could be held liable for any injuries or wrongful death that resulted from the child falling into the pond while under her supervision.

Ⅳ. The Plaintiff’s injuries caused damages and losses.

The final element of every negligence case has to do with damages and losses. Victims can recover various types of damages depending on the details and circumstances of their case.

Types of damages include:

Compensatory – Compensates for actual costs incurred as a result of the accident/injuries, such as lost wages, hospital bills, and medical expenses. Compensatory damages can include both general and special damages.

General – Monetary compensation for injuries.

Nominal – Awarded when negligence is proven, but losses have not yet occurred.

Special – Compensates for material possessions lost or damaged in the accident.

Punitive – Awarded to victim for the purpose of punishing the defendant for their negligence.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

It is the judge in the end who decides what duty of care the defendant had with the plaintiff. It is the personal injury attorneys who fight on behalf of injured victims to ensure they receive the full and fair amount of compensation for their damages and losses. Choose an experienced Indianapolis personal injury lawyer if you or someone you love was recently injured as a result of another person or company’s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.