Can Government Entities Be Sued for Personal Injuries?

Indianapolis Personal Injury Law Firm  317-881-2700

Indianapolis Personal Injury Law Firm
317-881-2700

Many people ask if cities, towns, counties, or municipalities can be sued for negligence that results in an individuals’ injuries. Well, just like any other person or company, government entities can be sued for personal injuries too. The difference, however, is quite substantial. You see, there is a separate set of rules and guidelines to follow when pursuing a claim against a governmental division or body. And these stipulations are strict, rigid, and demanding.

It isn’t simple suing a regular person or entity either, but compared to a governmental lawsuit, the difference in obligations are colossal. No matter which type of lawsuit you wish to file, it is necessary to hire a personal injury lawyer for accurate and reliable legal counsel. Continue reading to learn more about suing government entities following an accident that resulted in personal injuries.

Statute of Limitations

When it comes to suing a government entity, there is a stricter and shorter statute of limitations. In fact, all deadlines are shorter and firmly inflexible. These rules and requirements differ slightly from state to state, but are all equally stringent across the board. In regular cases, statute of limitations are much longer, usually between 2 and 6 years, and sometimes more. But in government-related lawsuits, the time limit is much shorter, often ranging anywhere from 30 days to four months.

Some people are not even out of the hospital in this amount of time, which is why it is so vital to have a licensed Indianapolis accident attorney on your team to full-fill all the necessary requirements and fight for your cause. It is helpful to know that not all states are this way and instead, they stick to the general time limits for personal injury claims. Check with your lawyer for your states’ governmental statute of limitations.

Deadlines and Documents

Deadlines and documents are taken very seriously in these kinds of personal injury cases. Failing to even pay a filing fee on time can spoil a case entirely. In some states, a person cannot simply file a claim against the government. They instead have to file a “notice of claim” first in order to “notify” the institution they wish to sue. Without this document being presented and filed properly, a case will be automatically dismissed by the court.

The frustrating part about this document is that it has to be sent via postal mail to each and every governmental employee or entity presumably responsible for a person’s accident and subsequent injuries. Depending on the state, it might be required to mail this notice to one singular agency that intercepts all claim notices. Not only is this time-consuming, it is a complicated and fragile step to suing a government entity. On these forms, there are specific informational requirements that must be provided.

Although government entities can be sued, lawsuits are not always successful. These branches are immune to many types of personal injury cases. They are exempt from the standard rules and guidelines that common society has to follow in such circumstances. This is just one more reason why a personal injury lawyer is so vital to a person’s case. There are so many complex details, differences, exceptions, rules, and more to know and follow in a government-related lawsuit, and a reputable attorney can help define them all.

Indianapolis Personal Injury Representation

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless they win your claim. Call our office today to determine your eligibility for personal injury compensation.

Are Warning Labels Enough to Protect Toy Manufacturers in the Case of Children’s’ Injuries?

Child Injury Lawyer 317-881-2700

Child Injury Lawyer 317-881-2700

For any toys manufactured for children under the age of fourteen, the CPSCA (Consumer Product Safety Consumer Act), along with the Consumer Product Safety Commission, sets strict standards for product design and safety. Federal regulation and legislation provide a very explicit and detailed set of standards for toy manufacturers. Federal labs must be used to conduct tests for each toy in order to evaluate design safety and rule out product defects. And when potential hazards are foreseen by a manufacturer, some states require they place a warning label on their packaging. The labels have to be clearly visible on the package and describe the potential safety risk.

Although a warning label can inform consumers of certain foreseen hazards and safety risks, they do not cover all the possible risks and liabilities, so injuries can still happen. In the case that a child is injured by a manufacturing defect or flaw, a family could have a valid product liability claim to pursue. It is important to consult a licensed personal injury lawyer with experience in product liability claims. They can help you decide what legal approach is best for full and fair remuneration.

Can a warning label protect a toy manufacturer in a product liability case?

Not always. Warning labels do not stop defective products from injuring children, and other defects not mentioned in the label can occur as well. A manufacturer has a responsibility to make sure their products are properly tested and approved, and never unnecessarily harm a child. They also have a responsibility to warn against any unanticipated but reasonable dangers. A toy might test well as a whole, but the accessories that might come along with it could be a choking hazard not warned against. This is an example of how a warning label is not enough to exempt a toy manufacturer from legal liability when children injuries result from one of their products.

The law does not mandate that toy manufacturers design and produce toys that are entirely hazard-free and could never harm a child. This is quite impossible considering there is always risk in everything that we do. There are so many variables and factors that must be investigated and considered before assigning fault in a toy injury case. Depending on a number of aspects, a manufacturer may or may not be held liable for an injury caused by their product. It is all circumstantial. This is another reason why hiring a personal injury attorney is the best choice for a family dealing with a recent product defect injury to their child. They can determine if and where a manufacturer was negligent and caused the injury to your loved one.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a product liability claim in Indianapolis, IN.

Learn About Bicycle Accident Injuries and Lawsuits

Bicycle Accident Claims 317-881-2700

Bicycle Accident Claims 317-881-2700

It is likely for bicyclists to recover compensation for injuries sustained as a result of another person or entity’s negligence. Winning bicycle accident injury cases is a possible feat; however, it requires highly acute and professional legal counsel. It is important to hire an accomplished personal injury attorney in order to win a bicycle injury lawsuit. They can either negotiate a settlement, or take it to court for trial.

The specific circumstances of the accident, the actions of the individuals involved, and the injuries sustained determine a victim’s eligibility for compensation and their likelihood of winning their case. Continue reading to learn more about bike accident injury claims, and who to talk to for answers you can trust.

Bicycling Rules and Rights

Bicyclists are protected by local and state law, and have rights on the road just like drivers and pedestrians. Not all roads allow bikers and pedestrians, but on roads that do, everyone is expected to obey the rules of the road and each other. This includes bikers, walkers, joggers, and drivers alike. Negligent accidents happen to bicyclists when drivers are distracted, careless, or under the influence. Driver carelessness is one of the main causes for bicycle accident injuries in America. People injured on a bicycle by a negligent driver has a good chance of winning a case against them for their injuries and damages. Again, it is vital to hire a respected personal injury lawyer for professional legal guidance and counsel.

There are several circumstances that involve or cause bicycle accidents. For example, if park administrators fail to post signs for speed limits, or assign proper bicycle paths, they can be held accountable for injuries sustained by a biker for those specific causes. If a person is driving under the influence of drugs or alcohol, and injures a bike rider, their Breathalyzer and sobriety tests can be used as irrefutable evidence against them in a court of law.

Although bicycle riders are often injured by negligent drivers, there are cases in which the biker themselves is responsible for their injuries or accidents. For example, if a person is riding their bicycle in the dark without proper reflective lighting or apparel, they may not have a strong case against a driver that hits or injures them. It can be pointed out by opposing counsel that the biker was not using responsible judgment by riding their bike at night without appropriate gear. If the biker was under the influence themselves at the time of the accident, it can also be used against their case in a court of law. So long as the bike rider was obeying all the rules of the road and all traffic laws, they will most likely not be considered a negligent party in an accident injury case.

Bicycle Pedestrian Accident Attorneys

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for details about bicycle accident injury claims and pedestrian accidents in Indianapolis, Indiana. We offer free initial consultations to assess your case and determine if you are eligible for compensation for your damages.

Motorcycle Accident Claim and Safety Tips

Motorcycle Accident Lawyers 317-881-2700

Motorcycle Accident Lawyers 317-881-2700

Thousands of lives are saved every year by the use of helmets. Whether it’s a motorcycle, scooter, bicycle, or ATV, wearing a helmet, along with additional protective gear, is the number one safety precaution suggested by medical and industry professionals. Motorcycles make drivers much more vulnerable, so practicing safe and responsible driving is the best method to preventing accidents. When you prevent accidents, you can prevent injuries. In this article, we will discuss several motorcycle safety tips, and accident claims for victims injured by the negligence of another motorist.

In the case that you or a loved one is hurt negligently in a motorcycle accident, be sure to seek reputable legal advice and counsel from a seasoned personal injury lawyer. You may be entitled to compensation for your damages.

Motorcycle Safety

All motorcycle owners, drivers, and enthusiasts have access to a motorcycle drivers’ manual. This manual outlines details regarding safety, operation, laws, regulations, and more. It retains comprehensive information surrounding motorcycle ownership and recreation. It has everything a person needs to know about operating a motorcycle safely and legally. Without this manual, it is up to the individual to research these facts and obtain proper licensing on their own. There are classes available, webinars, books, articles, magazines, blogs, and more that contain this type of accommodating information. Here are some of the most common and talked-about motorcycle safety and road tips:

⚙ Be Prepared

Before riding, always complete a full inspection of your bike. Check the clutch and throttle for proper operation, clean and adjust the mirrors, test front and rear brake levers, and even honk the horn! On a weekly basis, be sure to check out the wheels and tires, gauges, fluid levels, fasteners, and cables too! Be sure you are wearing your helmet, gloves, and additional recommended protective gear.

⚙ Learning to Brake Properly

Learn how to come to a quick stop if a sudden obstacle appears. Do this by using the front and rear brake levers at the same time, smoothly. Attempt to pull out of wheel locks as well. Practicing this ahead of time can prevent accidents.

⚙ Drive on Safe Roads

Choose a safer route and avoid accidents, tenfold. Don’t drive in extreme weather conditions, and avoid icy or wet roads. Moisture combined with the gravel and oil on the road creates very treacherous and slippery conditions. Avoid these driving times and dangerous roads and prevent accidents, more and more. The same goes for hazardous road conditions. Heavy gravel, rocks, sand, railroad tracks, broken pavements, and more can not only be damaging to the bike, it can be a catalyst for an accident that ends in injury. Try to stay on level and clean roads for safer and smoother accident-free driving.

Indianapolis Motorcycle Accident 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 details about motorcycle accident claims in Indianapolis, Indiana. We are licensed and experienced personal injury attorneys who offer free initial consultations to discuss your eligibility for compensation. And we never collect lawyer fees unless we win your settlement! Call 317-881-2700 to schedule your free consultation today.