What is a Loss of Consortium Claim?

If your spouse was negligently injured, you may be wondering whether or not you can collect compensation for your own damages and losses related to your spouse’s injuries. In this case, you may be eligible to make a Loss of Consortium claim. Continue reading to learn more about loss of consortium claims, and what you need to know about getting started on your personal injury case.

Personal Injury Attorneys
Indianapolis Personal Injury Attorneys 317-881-2700

Your First Step is to Hire a Lawyer

The laws surrounding loss of consortium claims are highly complex, and they vary among jurisdiction. These variables and more make loss of consortium cases difficult to comprehend on your own. For this reason, it is vital to consult with an experienced personal injury attorney for help navigating the best course of action for making a claim for compensation.

The Meaning of Consortium

Loss of consortium claims are also known as “loss of affection” and “loss of companionship” and “loss of services” claims. In terms of the law, the Dictionary.com definition for “consortium” is, “the legal right of partners in a marriage to companionship and conjugal intercourse with each other: In a wrongful death action, the surviving spouse commonly seeks damages for loss of consortium.”

Who Can Make a Loss of Consortium Claim?

Although loss of consortium claims are often made by spouses, some states allow children and parents to make such claims since they suffer a loss of company, affection or assistance. In Indiana, spouses can make loss of consortium claim.

Your Trusted Accident Lawyers

The first step in establishing your rights to compensation after your loved one is negligently injured or killed in an accident is to hire a seasoned Indiana personal injury law firm. We have the knowledge, skills, and determination to ensure you and your family is compensated for your losses.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation to discuss your case. Trust us to protect your right to be compensated for the damages and losses you’ve incurred as a result of loss of consortium. As an added convenience, we do not charge any up front lawyer fees, and do not collect payment unless we recover a settlement for you.

Is it Too Late For Me to Make a Personal Injury Claim?

Indianapolis Personal Injury Attorneys 317-881-2700

All states have a set statute of limitations for personal injury claims, which set parameters on the amount of time a person has to make a claim after their accident. These statute of limitations vary from state to state, some being as short as 1 year, while others extending up to 6 years.

Here in Indiana, personal injury victims usually have 2 years to make a personal injury claim for compensation (Ind. Code Ann. § 34-11-2-1 et seq.). However, claims against certain governmental and quasi-governmental entities require a Notice of Tort Claim to be made in as little as 180 days in some cases so it is essential for persons with personal injury claims to immediately seek out representation.

But what happens if a person does not learn who caused their accident until after the statute of limitations runs out? Or similarly, the severity of their injuries are not evident until much later? Well, for these reasons and more, some states allow an exception to their statute of limitations for personal injury claims. This is sometimes referred to as a “discovery rule” exception, and it plays a vital role in the rights of a personal injury victim, as well as their family.

Continue reading to learn more about the discovery rule exception, including common examples and how to get started on your personal injury claim.

Indianapolis Personal Injury Lawyers
Indianapolis Personal Injury Lawyers

The Discovery Rule

When a person is injured in an accident that was not their fault, the statute of limitations starts on that very day of the incident. From there, a victim has a set amount of time to make a claim against the negligent party for the purpose of recovering compensation to cover their subsequent damages and losses. However, many states have some form of a “discovery rule” exception to their statute of limitations, which extends the filing deadline for making a personal injury claim under very specific circumstances. 

This discovery rule extension is generally granted when a personal injury victim did not know about their injuries until after the statute of limitations expired, who was responsible for the accident until after the statute of limitations ran out, or that the suspected liable party’s actions may have caused their injuries until after the statute of limitations expired.

For example, a state might have a 2 year statute of limitations for personal injury claims, along with a discovery rule that states the time clock does not begin until the victim is aware or had sufficient notice of their injuries, as well as, the cause of the harm. Under these circumstances, a victim would be granted an extended deadline to file a personal injury claim if they experienced a late onset of injuries after the statute of limitations expired.

Another example is asbestos poisoning. For instance, if a person lives in an apartment building that has asbestos-insulated plumbing, and 15 years later is diagnosed with lung cancer as a result of the exposure, they could rely on the discovery rule to increase their success at making a personal injury claim against the liable party.

Most states will extend the statute of limitations for plaintiffs who are minors, mentally-handicapped, disabled, mentally-ill, or legally insane. Also, most states will grant an extension if the liable party left the state. If the liable party flees, the clock can be held to stop running, and may not start up again until they return to the state.

How to Make an Allegedly Late Personal Injury Claim

Personal Injury Law Firm 317-881-2700
Personal Injury Law Firm 317-881-2700

If you are a victim of a personal injury, but fear that too much time has passed since your accident, it is important to speak with a seasoned personal injury attorney to learn more about Indiana’s statute of limitations rules and exceptions.

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get started. Our seasoned Indianapolis personal injury lawyers will fight for your rights to the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we recover a settlement for you.

Important Forklift Safety Tips

If your business uses forklifts, it is vital that both you and your staff are familiar with all the safety rules and regulations associated with doing so. Having this training and knowledge is vital, as it can prevent serious accidents and injuries on the job.

Continue reading to review the top safety tips for operating a forklift, and then share this knowledge with your team to promote a higher level of workplace safety.

Indiana Workers' Compensation Lawyers 317-881-2700
Indiana Workers’ Compensation Lawyers 317-881-2700

Forklift Operation

Forklifts generally weigh more than two or three tons, and achieve speeds of 10 mph. So it is no surprise that without proper knowledge and training, a person can put themselves and others in grave danger. In fact, operating a forklift is such a serious responsibility, it requires professional certification. To obtain a forklift permit, an individual should attend a school, take courses, be trained under OSHA standards and pass examines. Furthermore, these permits require renewal every 3 years, making the forklift operation learning curve an everlasting one.

Forklift Safety Review

As the employer, it is important to take every precaution necessary to prevent workplace accidents; and forklift safety reviews are on such precaution. Below are the top 5 forklift safety tips that your staff should know and practice at all times.

#1 Forklift Operators Must Be Certified

The most important rule is to make sure that only certified staff members are operating the forklifts. Unqualified employees should NEVER use a forklift under any circumstances. For those who are certified but still lack experience, it is encouraged to have them supervised while operating forklifts.

#2 Always Do a Pre-Inspection Before Each Use

Another important part of forklift safety is to ensure your forklifts are in good condition before each use. Forklift operators should always do a full inspection before turning on the machine, paying close attention to areas like the brakes, steering, controls, mast, tires, and warning devices. 

#3  Always Wear the Proper Protective Gear

Forklift operators should never operate a forklift unless they are wearing the proper clothing and personal protection gear. This includes a hard hat, goggles, safety shoes, and a light-reflective jacket. Furthermore, loose or poor-fitting clothing should never be worn while operating a forklift.

#4 Always Make Sure the Load is Secured

Before using a forklift, operators should always double-check the cargo to ensure it is stable and secure. The cargo should be loaded properly and well-balanced. Improper cargo weight can cause forklifts to tip over or lose their load, putting others at serious risk of injuries.

#5 Maintain a Safe Speed at All Times

Forklifts are not go-karts, and should not be driven as such. Operators should always maintain a safe speed, even when they are not carrying a load. Although the average forklift doesn’t exceed 10 mph, this speed is more dangerous in a small space, making it easy to lose control of the machine.

Legal Help for Injured Employees

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

If you are an employee who was recently injured on the job while operating a forklift or other type of heavy construction machinery or by an a person operating a forklift or other type of heavy construction machinery, it is important to talk to a workers’ compensation lawyer for help understanding your rights. If the person operating the forklift or other type of heavy construction machinery was not a co-employee, you may be able to bring both a worker compensation claim through your own employer and an third-party liability claim against the employer of the forklift or other type of heavy construction machinery.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation to discuss your workplace accident with a seasoned Indiana personal injury lawyer you can trust.

Two Factors That Must Be Established to Win a Wrongful Death Lawsuit

A wrongful death is when a person loses their life as a result of an accident that was no fault of their own. Some of the most common wrongful death accidents include drunk driving collisions, pedestrian hit and runs, construction site falls, trucking collisions and medical malpractice. Wrongful death lawsuits are quite complex, just like any other personal injury case. A key stipulation, however, is that a plaintiff party must be able to prove two very specific facts in order to successfully win their lawsuit.

If you have recently lost a loved one to a negligent accident, it is vital to contact a licensed personal injury law firm that specializes in wrongful death cases for the best chance at recovering the full and fair compensation you and your family deserves. In the meantime, it is wise to learn as much as you can about wrongful death claims and what you can expect from the legal process. Start by learning the two factors that must be proved in court to win a wrongful death lawsuit.

Personal Injury Lawyers 317-881-2700
Personal Injury Lawyers 317-881-2700

Wrongful Death Claims

After a person dies from an accident that was caused by someone else’s negligence, it is usually the representative of the victim’s estate who reaches out to a law firm to make a wrongful death claim on behalf of the victim’s surviving family. This can be a wife, husband, mother, father, sister, brother, legal guardian, or other close family member. The suit is made against the wrongdoer, company or person who is responsible for the accident. This could be an individual person, a group of people, an organization, an employer, a company, a corporation, or other type of entity.

Proving Negligence

In a negligence lawsuit, the plaintiff party carries the burden of proving their case. In order to do so, they must provide evidence to establish that the opposing party had a duty of care, breached that duty of care, and as a result, caused an accident that led to losses and damages of the victim and their surviving family. To win a wrongful death lawsuit, the plaintiff party must specifically provide evidence of these two factors:

1) The accident was caused by the opposing party, and not the victim themselves.  It is important to note that in Indiana, in a comparative fault case, the Estate can recover as long as the victim was not more than 50% at fault.

2) The victim’s death caused damages and losses for the surviving family.

Read our blog, “The Fundamentals of a Negligence Lawsuit” to learn more about the 4 main elements of a negligence lawsuit.

Wrongful Death Recovery

Wrongful death lawsuits are meant to recover compensation to alleviate the damages and losses suffered by the surviving family. Such losses include the victim’s lost wages, inheritance, love and companionship, and funeral costs. Although recovering compensation for these losses will not fully relieve the family of the pain and loss they feel, it will relieve the financial burden of their loss, which helps make life less stressful during a time of deep grieving and can help pay for future costs associated with taking care of children and providing for the surviving spouse.

Talk to a Wrongful Death Lawyer for Trusted Advice

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a wrongful death claim in Indianapolis, Indiana or anywhere else throughout Indiana. Our licensed attorneys are ready, willing and able to help you recover the full and fair compensation you deserve after losing a loved one in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.

Basic Personal Injury Definitions You Need to Know for Your Claim

If you or someone your love is a recent victim of a personal injury, your next step is to contact a licensed personal injury lawyer to discuss your case and learn the best course of action for making a claim for compensation. In the meantime, it helps to familiarize yourself with some of the most basic terms and definitions regarding personal injury claims.

Continue reading to review a brief description of some fundamental personal injury terms and principles.

Indianapolis Personal Injury Lawyers
Indianapolis Personal Injury Lawyers

Personal Injury

A personal injury is any type of harm or damage incurred by a victim, either physically, mentally, or emotionally, as a result of another person or entity’s negligence. Personal injuries take place when another person or entity (i.e. people, businesses, corporations, enterprises, companies, organizations,workplaces, etc.) demonstrates carelessness or negligence in a situation that subsequently causes injury or damage to another person. An important fact to remember is that a personal injury happens to an actual individual, as opposed to property or commodities.

Negligence

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. In order for a victim to recover compensation for their losses following a serious accident, they must be able to prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Contributory negligence is the legal concept that refers to the situation in which an injured person is a contributing factor to their injuries. This is common in motor vehicle accidents and slip and fall accidents. In contrast, comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent.

Tort

A tort is a civil wrong-doing. It is an action, either purposeful or unintentional, that causes injury or harm to another person. The word “tort” actually means “to harm, twist, or wrong” in Latin. Damages resulting from such civil wrong-doings are remedied by tort laws, generally by awarding compensation.  Rather than being prosecuted by state or national governments, civil lawsuits are generally pursued by the plaintiffs or victims themselves, privately. See our article, “Common Examples of Intentional Torts” to learn more about intentional and non-intentional torts.

When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts.The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. Unlike negligent torts, intentional torts can lead to imprisonment and jail time.

Duty of Care

Establishing a party’s duty of care is the primary step in a personal injury case. Negligence can be defined in many ways, but there are two fundamental factors that makes the basic concept most evident. These two factors are “duty of care” and “breaching” that duty.  Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental.

A personal injury lawyer will work to prove that the opposing party had a responsibility and failed to uphold that responsibility,causing another person to get injured or killed. They want to show the court or judge that a defendant breached their personal duty of care, which led to an innocent person getting seriously hurt. If these two concepts can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages.

Indiana Personal Injury Lawyers Who Can Help

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. at317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim.We are eager to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Did I Forfeit My Right to Compensation By Saying I Wasn’t Injured at the Time of the Accident?

Indianapolis Personal Injury Lawyers  317-881-2700

Indianapolis Personal Injury Lawyers
317-881-2700

That gut feeling is telling you that you made a huge mistake at the scene of your recent accident by telling everyone you felt fine. But not to worry; stating that you did not believe you were injured at the scene of your accident does not necessarily jeopardize your rights to compensation for your damages and losses. Continue reading to learn about delayed injuries, and what you should do next to protect your claim for compensation.

Onset of Injuries

Statements like “I believe I am fine” or “I don’t think I am injured” are not statements that will necessarily make or break your overall claim for compensation. Both medical professionals and insurance companies are familiar with the possibility of delayed injuries, also known as an “onset of injuries.” See our blog, “Onset of Injuries: Do Not Assume That You are Not Hurt After an Accident” to learn more about delayed injuries.

Experiencing delayed injuries is a common occurrence after being in an accident. A person may feel fine directly after an accident, but then later on, begin to feel an onset of symptoms that suggest injury, such as dermal abrasions, bruising, swelling, back pain, neck and shoulder pain, headaches, dizziness, nausea, and even abdominal pain, which may indicate internal bleeding.

Common Symptoms of Injuries That Can Show Up Later:

Numbness
Swelling and Bruising
Headaches and Migraines
Neck, Shoulder and Back Pain
Abdominal Pain
Emotional Distress

What You Should Do

If you are experiencing an onset of injuries after being involved in an accident that was not your fault, it is vital to your health most importantly and to your claim for compensation secondarily, to be evaluated by a medical professional as soon as possible. They can treat your obvious injuries, as well as identify and diagnose any underlying injuries that have not yet surfaced.

During this time, do not agree to make any recorded or official statements to law enforcement or insurance adjusters until you have been advised by a personal injury attorney. In fact, your next step after seeing a doctor is to consult with an Indianapolis personal injury lawyer who can provide trusted advice regarding your claim.

Insurance adjusters sometimes try to get victims injured by their negligent insureds to give a recorded statement soon after a collision and attempt to get them to say they feel fine, while knowing it is very common for the delayed onset of injuries to surface and for symptoms of those injuries to surface in the days, weeks and sometimes months following a collision.

You can be recorded without even being told you are being recorded, so it is important to talk with your doctor first about your injuries, your own attorney second and the insurance companies third.

Indianapolis Personal Injury Law Firm

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 schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are motivated to help you recover the full and fair compensation you deserve after being seriously injured in an accident. Call 317-881-2700 to get started today.

Why Can’t I Find a Personal Injury Attorney to Take My Merited Case?

Do you feel strongly that your personal injury claim is valid, but you can’t seem to find a lawyer who will take your case? If so, the reason could be something other than your case being “unwinnable” or unmerited. In fact, there are many reasons why law firms choose to decline cases other than for reasons of validity. If this has happened to you, do not be concerned.

Continue reading to learn why this sometimes occurs, and what you can do to get your claim started on the right path.

Indiana Personal Injury Attorneys

Indiana Personal Injury Attorneys
317-881-2700

Your First Steps to Making an Injury Claim

Finding a seasoned and reputable personal injury law firm is certainly the first step to making a claim for compensation. However, if your case was recently declined by a lawyer, it is best to learn why before continuing your search for another law firm. This information can help provide some understanding to how law firms work, which in turn can help you make the best choice for your claim.

Here are some common reasons why law firms turn down cases, even when they have merit to them:

They are Too Busy.

A very common reason why law firms turn down valid cases is due to being busy. They simply do not have the time to take on another case, especially if the case is quite complex. It could be because they have several other lawsuits pending at one time, or they strictly work on a certain number of cases at a time. However, when this happens, they are usually prepared to provide inquirers with referrals to other respected or affiliate law firms.

There’s a Conflict of Interest.

Although rare, from time to time a lawyer will be forced to decline a personal injury case due to a conflict of interest. When there is someone on the other side of the case who the lawyer knows personally, such as another attorney or one of the parties, it is considered unethical for them to take the case; and out of obligation, they would have to decline. Again, this is rare, but it can easily happen in small towns. In this situation, the lawyer would likely provide referrals.

They are Small.

Sometimes, law firms must turn down cases because they are simply too small of a firm and do not have the level of resources needed to sufficiently take on a case. When a law firm’s current case load and resources are not enough to represent your claim, they may turn down your case. This is more likely for large or complex personal injury claims.

Your Case is in the Wrong Category.

If your claim does not fit under the personal injury or tort law category, it will usually be turned down by a personal injury law firm. Additionally, if your claim is a civil tort, but it is very complex and requires specialized representation, such as medical malpractice cases, you may be turned down by a lawyer who does not specialize in such cases but should get referred to another law firm that does specialize in such cases.

Seasoned Accident Attorneys Who Can Help

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were negligently injured in Indiana. Our seasoned Indianapolis accident attorneys are well-versed in various areas of tort law and can help you obtain the full settlement you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to get started, today.

How to Get Help With Your Hospital Bills After a Car Accident

After being seriously injured in a car accident caused by a negligent driver, your life is instantly turned upside down. Not only are you in pain, you have a lot on your mind, which fills your days with anxiety about all sorts of matters. But how your accident affects your finances should not be one of them. If you are concerned about paying bills, including hospital and medical bills, do your best not to worry. That is because there are options available for recovering compensation for all the damages and losses you’ve incurred after being injured in a motor vehicle accident.

Continue reading to learn how to get started.

Indianapolis Car Accident Lawyers

Indianapolis Car Accident Lawyers 317-881-2700

Hire a Car Accident Lawyer Immediately

Your first step after being injured in a car accident that was not your fault is to hire a licensed personal injury lawyer who specializes in motor vehicle accidents. With their assistance, you can make a claim for compensation. At the appropriate time, they will solicit an offer from the insurance company and negotiate with them until a full and fair settlement offer is made.

If the insurance company will not budge or resolve the case for full and fair compensation, then a more drastic course of action becomes necessary. Most often, a seasoned personal injury lawyer can negotiate a claim and settle out of court, but they will go to trial if the defendant’s insurance carrier makes it necessary.

If you win your case, the jury is allowed to award damages for all medical bills, future medical bills, past and future pain and suffering, compensation for scarring, reduced quality of life, lost wages and more. In certain egregious cases, you may even be able to win punitive damages. See our blog, “A Brief Explanation of Compensatory, Nominal, and Punitive Damages” to learn more about the types of damages in a personal injury case.

If Your Bills Keep Coming

Now that you are out of the hospital and recovering at home, you are likely already receiving hospital and medical bills in the mail. If you have the resources to pay them, do so for now. This would include making sure your medical bills are submitted to whomever your medical bills would normally get submitted to for payment, like Medicare,
Medicaid, and other non-governmental related private health insurance companies.

You may also have what is called medical payments coverage under your own automobile policy which would allow you to submit your medical bills for payment under your own automobile policy. See our blog, “What is MedPay?” to learn more. In addition, if you are injured on the property of a business or home, sometimes the insurance carrier for the business or home owner will have medical payments coverage that can be used to pay your medical bills while you are awaiting a settlement of your case.

Do not stop making payments, or the hospital or doctor might stop treating you. If you are having trouble keeping up with your payments, you may be able to request delayed or reduced payment, but this would require the help of a lawyer. This is just another reason why your first step to getting help with your medical bills is to hire a seasoned personal injury lawyer who specializes in Indiana car accident claims.

Who to Call for Personalized Advice

Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a car accident or slip and fall claim in Indiana. Our seasoned Indianapolis personal injury lawyers are ready and able to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment, today.