Common Terminology in a Personal Injury Claim

A personal injury is harm or damage incurred as a result of another’s negligence or other conduct. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, slip and falls, and wrongful death. It may also include mental and emotional harm, such as damage to one’s reputation in the case of slander or defamation. Sexual harassment and discrimination are other examples of mental and emotional harm.

Continue reading to familiarize yourself with some common personal injury claim terms that will help you better understand your case. Always talk to a seasoned Indianapolis personal injury lawyer to get professional advice and assistance with making an injury claim.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers
317-881-2700


Tort A wrongful or immoral act that causes another person injury or harm. Often times, you will hear personal injury law referred to as “tort law.”

Accident An unintentional and unanticipated event that causes harm to a person, a person’s reputation, or their property.

Negligence Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.

Damages Economic compensation that is awarded by a court in a civil action to a party who has been injured through the wrongful conduct of another party.

Pain and Suffering The physical and/or mental distress experienced by a victim after being injured in an accident.

Liability In tort law, the term “liability” refers to the legal responsibility for one’s acts or omissions.

Plaintiff The party, or group of individuals, bringing forth a lawsuit. Also referred to as a claimant.

Defendant The person or entity that is being presented with a lawsuit from the plaintiff. The party supposedly liable for the plaintiffs’ injuries and damages.

Party A participant in a lawsuit. This may include the person (plaintiff or defendant), their insurance company, and their attorney.

Claimant Also referred to as the “plaintiff”, it is generally the party who brings forth a lawsuit.

Tortfeasor The tortfeasor is the actual person who demonstrated negligence that caused someone harm or damage (also referred to as the “at-fault party”). In some cases, it is the defendant rather than the actual at-fault person. For example, in the case of a minor, the parents might be the defendants, while the juvenile is the actual tortfeasor.

Lawyer The licensed legal party that represents a claimant or a defendant. Sometimes one person, and other times, a small team of people.

Judge A pubic officer that is appointed to hear and decide legal cases in a court of law.

Jury A small group of selected individuals that assist a judge in identifying the guilty party in more complex lawsuits.

Answer The pleading filed by the defendant or opposing party in response to the claimant’s allegations and requests, revealing their position in the case.

Complaint A pleading or formal expression of grievance filed in the appropriate court by the plaintiff.

First Party Insurance The claimant’s insurance company.

Third Party Insurance The defendant’s insurance company.

Third Party Claim A personal injury claim that is filed with the insurance company of another person or entity. They are brought forth by individuals who were purportedly injured or harmed by another party.

Adjuster An individual appointed by an insurance company to handle and investigate a claim. Their purpose is usually to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

Indianapolis Personal Injury Lawyers You Can Trust

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 make a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help you recover the full and fair compensation you deserve after being injured in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

FAQS About Concussion Injury Claims

Head Injury Lawyers 317-881-2700

Head Injury Lawyers 317-881-2700

Concussions are a mild traumatic brain injury (MTBI) normally caused by a sudden direct blow, blunt force trauma, or impact to the head. Concussions can also be caused when there is no direct blow to the head but where the brain impacts the skull because the brain, which is encased in the skull, can be jerked and shaken inside as a result of the impact or a change of forces. In fact, the word “concussion” means “to shake violently” in Latin. This loose meaning can give you an idea of what the brain experiences to cause a concussion.

Although it is the least serious type of brain injury a person can suffer, mild brain injuries can lead to somatic, cognitive, behavioral, emotional, and physical complications. If you or someone you love has recently suffered a head injury and concussion as a result of another person’s negligence, your best course of action would be to seek medical attention right away. Brain injuries are complex, and symptoms can sometimes show weeks, even months, later. Do not wait to see if you are okay; have a medical professional look you over to ensure you are not in any immediate danger.

Once you have received the proper medical attention, you will likely be making a claim with the negligent party’s insurance company to seek compensation for your losses and damages. The insurance company will most likely offer an insufficient amount of compensation to cover your hospital bills, medical expense (past, current, and future), lost wages, and more, and you need to consult a seasoned Indianapolis personal injury lawyer as soon as possible. Hiring an attorney as soon as possible is the best course of action. In the meantime, take a look at the frequently asked questions about concussion injury claims for a better understanding of what you can expect.

Do I Have a Concussion?

There are several symptoms a person may experience after suffering a concussion. These symptoms vary from mild to serious depending on the severity of the impact. The most common symptoms of having a mild traumatic brain injury are headache, bruising, blood vessel damage, nerve damage, amnesia, disorientation, mental confusion, nausea or vomiting, trouble sleeping, fatigue, poor balance, irritability, vision issues, mild depression, ringing in the ears (tinnitus), or sensitivity to light.

What Will the Doctor Do to Check for a Concussion?

Immediately following a serious head injury, it is standard for a doctor to order a CT scan (cranial computerized tomography) to take a closer look at the integrity of your brain and skull. Later on, they may also order an MRI (magnetic resonance imaging) to identify and monitor any changes in the brain, and potentially diagnose any conditions that develop as a result of the concussion. Furthermore, computerized assessments like baseline tests and post-injury tests are used to measure reaction time, memory capacity, speed of mental processing, and executive functioning of the brain.

How is a Concussion Treated?

The severity of a person’s concussion will determine the level of treatment required. Mild concussions can sometimes be treated with bed rest, fluids, and over-the-counter pain relievers, like Acetaminophen. If the head injury resulted in a wound, numbing cream like Lidocaine can be applied, as well as ice packs, to relieve pain, swelling, and redness.

How Long Does it Take for a Concussion to Heal?

Again, the amount of time it takes for a concussion to heal depends on the severity of the impact, the subsequent injuries caused to the head, neck, spinal cord, and brain, and many more factors.

Are There Different Kinds of Concussions?

Medical authorities use a grading system to define the different types of concussions: Grade One, Grade Two, and Grade Three. Grade One concussions are mild head injuries in which symptoms do not last more than 15 minutes and unconsciousness does not occur. Grade Two concussions are moderate head injuries in which symptoms remain past 15 minutes and unconsciousness does not occur. Grade Three concussions are severe head injuries in which symptoms are or seem to be, persistent and unconsciousness results, whether for a few seconds, hours, or days.

Who Should I Discuss My Head Injury Case With?

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to better understand your rights in a concussion injury accident lawsuit in Indiana. Our seasoned personal injury lawyers want our clients to be able to focus on rest and recovery, rather than their legal case. Sustaining a serious head injury or concussion is traumatic, and we understand the difficulties a head injury victim and their families face. Our dedicated and experienced Indianapolis concussion injury lawyers will make sure all liable parties are held responsible for their negligence regarding your concussion personal injuries.

A Brief Explanation of Compensatory and Punitive Damages

Personal Injury Law Firm  317-881-2700

Personal Injury Law Firm
317-881-2700

In tort law, there are 2 main categories of damages that can be awarded in a personal injury case: compensatory damages and punitive damages. The chief objective of such damages is to restore an injured victim’s quality of life back to the way it was before they were involved in an accident. Continue reading to learn more about each category of damages, as well as, what to do if you were recently denied sufficient compensation to cover your losses after being injured in a serious accident.

Compensatory Damages

Compensatory damages are meant to restore a victim’s losses that were incurred as a result of a defendant’s wrongful conduct or negligence. Types of losses that fit this category include property damage, hospital bills, current and future medical expenses, lost wages, prolonged physical therapy, permanent disfigurement or scarring, loss of consortium, reduced quality of life, loss of enjoyment of life, pain and suffering, mental anguish, and more. The most common accidents that result in compensatory damages being awarded are generally those that involve carelessness and negligent, such as car accidents, slip and fall accidents, and product defects.

Punitive Damages

Cases in which a defendant’s conduct was especially egregious, a court may award a victim with punitive damages. These are generally reserved for those who deserve penalty or punishment for an outrageously negligent or illegal act that harmed another person. An at-fault party in this type of case would likely face criminal prosecution too. Not only will courts use punitive damages to punish a defendant, they may also award them to set an example for the rest of the community. Common examples of such cases include drunk driving accidents, wrongful deaths, and medical malpractice.

Nominal Damages

Aside from the standard compensatory and punitive damages awarded in a personal injury lawsuit, there is a third category that is not as common called nominal damages. Nominal damages are small sums of money that are sometimes awarded to injured victims who have not incurred a significant economic loss or injury, but did experience an invasion of rights. Although minimal in funds in most cases, these damages are still important because they allow injured victims to pursue legal recompense for an immoral act against them, even if the act didn’t cause any financial repercussions. A court may award nominal damages to a plaintiff simply to show that the plaintiff is right and the defendant is wrong. They can be as low as 1 dollar since they are really meant to prove a point.

An Indianapolis Personal Injury Law Firm You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help making a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

What are the Two Types of Causation in the Law?

According to Wikipedia.com, the legal concept of “causation” can be defined as “a means of connecting conduct with a resulting effect, typically an injury.” In the law, there are two separate types of causation: proximate cause and cause-in-fact. This concept is important in personal injury law since the top priority for every injury case is to prove that a defendant was negligent, and that their negligent actions caused a victim harm. However, a victim must be able to provide sufficient evident of both types of causation, as well as various other facts, in order to win their case.

Continue reading to learn more about proximate cause and cause-in-fact, and where to get free information regarding your potential injury claim.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Cause-in-Fact

Also referred to as “actual cause”, cause-in-fact is the principle of showing evidence that proves a defendant’s actions “caused” a victim’s injuries, and ensuing damages and losses. For instance, if you were injured by a drunk driver while driving your vehicle, you would have to show evidence that proves their misconduct (operating a vehicle while intoxicated) was a direct cause of the accident, which subsequently caused your injuries.

To determine cause-in-fact, the “But-For” test is often used. Here is an example of how to apply the “But-For” test to the above scenario: “But for driving while intoxicated, the accident would not have taken place.”

Proximate Cause

Proximate cause is a complicated legal concept. Essentially, proximate cause exists if a victim’s injuries were foreseeable. It supports the notion that a defendant should have reasonably anticipated that their actions could cause a victim harm. Taking into consideration the above-mentioned example, a driver should have reasonably foreseen that operating a motor vehicle while intoxicated can cause an accident that injures another person.

Talk to an Accident Lawyer Today

If you were recently injured in an accident that was not your fault, it can help having a legal professional navigate your claim for you. To learn more about your potential injury claim, talk to a licensed Indianapolis accident lawyer as soon as possible, before the statutes of limitations runs out. They have the knowledge and resources to answer your questions about legal concepts and claim procedures, as well as, provide up-to-date information you can trust.

Indianapolis Personal Injury Representation

Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 when you need to make a personal injury claim in Indianapolis, Indiana. Here at our law firm, we are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your claim. Contact us today to get started.