What is Comparative Fault Analysis in a Personal Injury Case?

Under tort law, when a person is a victim of a civil wrong-doing, a court or jury may award damages to compensate them for their injuries and losses. Assessing the amount of damages is often a difficult and complex process since so many variables influence the final determination. A court must consider the losses or injuries of a victim’s person, property, and overall quality of life. With all that’s at stake for injured victims and plaintiffs in such cases, courts take this responsibility seriously; after all, the purpose of tort law is to help victims of personal injury get back to the condition and state of life they were in before their accident, if possible, and to fully and fairly compensate them for what they have gone through and will go through.

This legal process requires substantial evidence on behalf of the victim to recover the full and fair amount of compensation for the total amount of damages and losses, such as medical records, police reports, expense records, witness statements, interviews, and much more. But before any compensation can be awarded to a personal injury plaintiff, someone has to be found liable for the accident. To determine fault in a personal injury case, the same amount of consideration is taken, but on a more guided scale known as comparative fault analysis, or comparative negligence.

Continue reading to learn more about comparative fault analysis, including who to talk to about your potential personal injury claim.

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

Brief Explanation of Comparative Fault Analysis

According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.”

When an individual is seriously hurt in an accident, it is necessary to determine who was at fault for the incident. This process of determination is called comparative fault analysis, and it is widely used as a standard in tort cases. 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. Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a serious accident, however, there are numerous details that go into making these distinctions.

Fundamentally, if a victim or plaintiff is 49% (or less) at-fault, then they are most likely entitled to compensation. If the plaintiff is 51% at-fault, or greater, then there is no chance at being awarded compensation. Overall, an accident that causes a person serious injury or harm must be caused by another’s negligence or carelessness. At the closing of a personal injury trial, the jury gives the comparative fault analysis report to the judge.

Here is a Possible Example:

For instance, if a person is walking down a road and ignores pedestrian traffic signals, and as a result is struck by a driver who is intoxicated, both would be at-fault for the accident. In this example, the pedestrian was negligent for not properly obeying traffic signals, while the driver was simultaneously negligent for operating a vehicle while intoxicated, and furthermore, driving recklessly (i.e. speeding, swerving, etc.).

Although the driver had a green light, they are still responsible to use reasonable care and keep their eye out for pedestrians and other drivers. A court or deciding factor uses a specific method to calculate each person’s fault. In this case, a court may rule that the drunk driver is 80 percent responsible and the pedestrian only 20 percent responsible. So if the total damages for each party is 100,000 dollars, the pedestrian would be awarded 80 percent of that total number. But this all varies state to state, and depends on specific and individual circumstance of a case.

What You Need To Do For Your Claim

If you have questions about personal injury compensation, it is vital to discuss your claim with a licensed accident attorney. They can give you personalized recommendations for your case, and document an impactful claim to recover the full and fair compensation you deserve. As soon as you receive medical attention for your injuries, your next step should be to contact a personal injury law firm for help with your accident claim.

Contact Our Personal Injury Law Office Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. We represent clients throughout the State of Indiana. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

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

The First Questions You Should Ask About Your Personal Injury

Becoming a victim of a personal injury that resulted at no fault of your own is not an obstacle you planned on facing in life. However, now that you are on this journey, the most important factors are your health and well-being. Aside from medical treatment, it is important to also protect your legal rights, especially to compensation for your damages and losses. So as you turn the corner from medical care to legal action, be sure you are asking the right questions about your personal injury case.

Continue reading for some helpful tips, including who to call for professional legal advice regarding your potential claim.

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Indianapolis Personal Injury Lawyers 317-881-2700

Do I Have a Case?

The first and foremost question you should be asking yourself, and then a qualified lawyer, is the question of validity. Are there grounds for compensation? Did the at-fault party have a duty of care and breached it, resulting in your injuries? Consult with a licensed Indianapolis personal injury lawyer who offers free consultations, and use that time to discuss the strength of your case.

How Long Do I Have to Make a Claim?

There are set statute of limitations for every type of legal action. In tort law, personal injury claims are brought forth in civil court, which generally has shorter statute of limitations compared to criminal courts. For personal injuries, the amount of time depends on the type of injury, however, most claims retain an average statute of limitations of 2 years or less. Refer to Title 34, Article 11, Chapter 2 of the Indiana Code book  for details regarding civil statute of limitations in our state.

How Long Will My Case Take?

There are countless factors that contribute to the amount of time it takes to settle a personal injury claim, which means it is virtually impossible to predict a timeline since they vary greatly from case to case. Sometimes cases are clear-cut, while others require ongoing litigation, and as a result, more time. Standard cases can take anywhere from 6 months to 1 year, while more complex cases can take double, or triple that amount of time. In some cases, no settlement is ever reached.

Will I Have to Go to Trial?

There are various factors that influence the outcome of a settlement. Whether a claim is settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer assists with this part of the process. They are prepared to go to court for their clients, but do everything in their power to avoid it and settle out of court instead. In most cases, personal injury claims are settled out of court.

How Much is My Case Worth?

The amount of compensation you will likely collect largely depends on your total damages and losses, including lost wages, hospital bills, medical expenses, pain, suffering, and more. In order to truly know how much your case is worth, you must consult with a licensed and experienced personal injury attorney.

Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the compensation you deserve after being injured in an accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you! Call 317-881-2700 to schedule your consultation, today.

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

Interesting Facts About the History of Tort Law

Torts are civil wrong-doings, or immoral behaviors and actions against people. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death; consequences that can establish a victim’s right to make a personal injury claim against the at-fault party.

Tort law is one to appreciate since it protects us and our loved ones from wrongful offenses. Take a look below to learn some of the most interesting facts about the history of tort law in our country to gain a deeper appreciation for our national judicial system.

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

Tort Law

Tort law was established to serve 4 particular objectives: 1) to compensate victims for the injuries they’ve suffered as a result of another’s actions or inactions; 2) to transfer the cost of related damages and losses to the culpable party, such as hospital bills, medical expenses, lost wages, pain and suffering, and more; 3) to set an example and prevent harmful, reckless, and negligent behaviors in the future; and 4) to justify the legal rights and welfares of the victim that were compromised, diminished, or made powerless.

History Facts

The term, “tort” is derived from the Latin word, “torquere”, which translates to “twisted” or “wrong.” Centuries ago, the British legal system did not recognize torts as a means of separate legal action. Instead, English Common Law provided victims of tort with two primary methods of recompense, which were trespass for direct injuries, and actions “on the case” for indirect injuries. In fact, tort law originated with the action of trespass.

Eventually, over the course of several years, the British legal system acquired other types of civil actions, including defamation actions like slander and libel. See our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to understand the difference between these two types of civil actions. By the 18th century, most American colonies began to adopt England’s common law system. And at the start of the 19th century, the first U.S. legal treatises were published. Within these treatises, a portion of the British common law were created under the heading of torts.

Tort Law Today

Tort law has monumentally progressed over the last two centuries, recognizing virtually all civil wrong-doings under law. In today’s judicial system, tort law protects people, businesses, employees, the environment, and much more. Common categories of tort law today include both intentional and non-intentional torts, such as defamation of character, workers’ compensation, wrongful death, premise liability, product defects, medical malpractice, and general personal injuries. If you were recently injured in an accident or suffered harm to your reputation, all at not fault of your own, you may be eligible to collect compensation for your subsequent losses and damages.

Contact a Personal Injury Law Firm Today

If you believe you or your loved one is a victim of a personal injury in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our seasoned Indianapolis personal injury lawyers can 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. Schedule your free meeting, today.

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

How Does the Restatement of Torts Define a Possessor of Land?

As a personal injury victim that was hurt on someone else’s property, you are likely filled with an endless list of questions about making a claim and your rights to compensation. One of the most frequently asked questions about premise liability cases has to do with liability. Victims and pending defendants alike both want to know who is responsible for the damages and losses that result from such accidents. A good place to start would be to learn about the Restatement of Torts, and how it defines a possessor of land, considering they are the ones typically held accountable in premise liability cases.

Continue reading to learn how The Restatement of Torts defines a possessor of land, and how it can relate to a premise liability case.

Indianapolis Personal Injury Lawyers 317-881-2700
Legal law concept image, scales of justice lit by golden light.

The American Restatement of Torts

The American Restatement of Torts is a treatise that summarizes the general principles of common law in the United States. Created and issued by the American Law Institute in 1965, the treatise currently has 4 separate volumes. The first two volumes were published in 1965; the third volume was published in 1977, and the last was published in 1979. The volumes pertinent to tort law can be found in the Second Restatements of the Law series.

The American Restatement of Torts defines a possessor of land as:

“(a) A person who is in occupation of the land with intent to control it or

(b) A person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or

(c) A person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b).  Risk v. Shilling, 569 N.E.2d 646,647 (Ind. 1991).  (Restatement (Second) of Torts § 328 E (1965).”

What You Really Need to Know

Like most personal injury cases, premise liability cases can range in complexity, so understanding your rights and the best way to protect them is something that is vital to your case. But there is no need to feel stressed or overwhelmed; so long as you have a skilled personal injury lawyer representing your case, you will not need to know all of the complexities of tort law, nor any complicated legal terms and principles.

Trusted Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim. We are ready, willing and able 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.

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

Tips for Childproofing Your Daycare Business

All parents are very aware, and typically well-prepared, when it comes to making all the necessary changes to their homes and lives when expecting a child. However, when parents require daycare services, they no longer have complete control over their children’s safety. For this reason, it is vital to try to ensure your daycare, whether within your home or at an official commercial location, it’s properly arranged to prevent foreseeable accidents and injuries, including mental and emotional harm.

Continue reading to learn some helpful tips for enhancing your business’s childproofing strategies, as well as, where you can learn more about your liability in the case that a child is injured under your care, or the care of your staff. 

Daycare Injury Lawyers 317-881-2700
Daycare Injury Lawyers 317-881-2700

As a daycare provider, you are responsible for ensuring the children are fully protected when in your care. Whether out of your house or in an official location, your most important duty is to make sure your premises are safe for children of all ages, as well as adults and staff. If a child is injured as a result of your negligence in this area, then you can be held legally accountable for their losses and damages, such as hospital bills, medical expenses, pain and suffering, and more. It is also vital to have liability insurance, along with all the proper insurance for running a company, just to ensure you are protected against incidents as well.

Childproofing Tips

You can find countless “childproof” and “child-safe” products on the market, online, and at your local baby stores. Gates, locks, electrical outlet covers, corner rubber bumpers, and more that can be purchased at a reasonable price. With all this possible merchandise, it can be a little overwhelming when it comes to implementing safety features around your home. But you can prevent serious accidents and injuries with proper preventative maintenance child-proofing.

Here are some of the most important areas of a daycare that should be child-proofed:

☑ Kitchens

Kitchens are not always common in a daycare facility, but if yours has one, it is important to take the proper precautions. Especially in residential daycare settings, kitchens are popular hang-out areas, thus posing more opportunity for kids to be able to access potentially harmful products, utensils, or small appliances. Be sure to acquire locks for heavy appliances like stoves, dishwashers, and refrigerators.

Also, if you use a stove or oven in the presence of children, it is vigilant to mount stove barriers so that open flames, hot grease, water, and oil cannot splash off and burn a little one. Furthermore, it is wise to cover electrical outlets with sliding plastic covers to protect curious fingers from electrocutions or shocks.

☑ Utility Closets and Cleaning Supplies

Along with protecting children from harmful or toxic products, such as pesticides, detergents, batteries, vitamins, and medication, it is important to store cleaning solutions and item in an above cabinet or designated closet, rather than below a sink. If you do use a cleaning closet, be sure to keep it locked at all times.

☑ General Play Areas

This type of area is usually a common grounds for children, like playrooms and living rooms. This area needs the same type of kid-proofing strategies as kitchens, as well as some additional ones. The first thing you need to do is install plastic covers on any exposed or accessible electrical outlets to prevent electrocution and electrical burns. Also, it is important to install rubber bumpers on corners of furniture to prevent cuts, bruises, gashes, head and brain trauma, eye injuries, and more. For home daycares, another safety feature that you’ll need for these areas are furniture straps, which bolt down top-heavy furniture to the ground, such as T.V.’s, bookshelves, armoires, dressers, liquor cabinets, and more.

Also, one of the most obvious safety feature to have on hand are baby gates. Use these to block off staircases, hallways, laundry rooms with utility appliances in them, and other “off-limit” areas. Now, the last and most-often overlooked, child-proofing feature for a home babysitter has to do with curtains. We are talking about curtain cords. It is important to purchase a cord shortening contraption or a wind-up bracket so that kids cannot choke or strangle themselves.

☑ Bathrooms and Outdoor Areas

For bathrooms, there is plenty you can do. For starters, be sure to install toilet seat locks to prevent drowning accidents. You will also want to turn down water thermostat temperature levels on your water heater to prevent scalding accidents, as well as, install GCFI (ground fault circuit interrupter) outlet covers to prevent water-induced electrocutions.

For outdoor areas, install netting in between deck and patio posts to prevent tripping and falls. It is also vital to ensure pools are properly covered and locked. In fact, for pools, you should also consider gate locks and drain covers. After all, children between the ages of 1 and 4 have the highest drowning rates according to the CDC. Furthermore, every day, an average of 2 children 14 years old and younger, die from drowning.  

Indianapolis Child Injury Lawyers

To learn more about how to make a personal injury claim for your child who was injured in daycare, call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 today. Our seasoned Indianapolis personal injury lawyers can help you understand what you need to know about premise liability, negligent supervision, and more. For clients, we offer free initial consultations and never collect lawyer fees unless we prevail for you.

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

Can I Make a Food Poisoning Personal Injury Claim?

Did you recently experience a traumatic fit of food poisoning at a local restaurant? If so, you may feel quite betrayed by the establishment since their duty is to ensure their food is safe to consume. For this reason, you may feel compelled to make a personal injury claim and recover compensation for your hospital bills, medical expenses, and the wages you lost from missing work due to your illness. However, in order for food poisoning to be a valid claim, certain facts must be in order.

Continue reading to learn more about this particular food borne illness, and how it might lead to a valid personal injury case or claim.

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

A person gets foodborne illnesses by ingesting either food or beverage that has been contaminated with bacteria, parasites, virus, or toxins. This is generally a result of poor or improper growing, shipping, or handling of food products. Common types of illnesses contracted in this way include E. Coli, Hepatitis A, Listeria, Salmonella, Botulism, Norovirus, and Campylobacter.

Foodborne illnesses like this can cause a person several types of damages, from lost wages at work, to medical bills, and more. So when a person suffers from this type of illnesses after eating out at a restaurant or another person’s home, you can understand why there is a relative question regarding personal injury claims as well.

Severity of Illness

The severity of the affects largely influences the chances of having a valid personal injury claim for food poisoning. The standard symptoms of eating tainted food include nausea, abdominal cramping, headache, and diarrhea; while more serious cases include symptoms like vomiting, diarrhea, high fever, loss of speech, difficulty breathing or swallowing, dehydration, and in rare cases, even death.

The less serious cases of food borne illness are not likely great candidates for an injury claim, since these can be treated with ample fluids and rest. The body will simply eliminate everything and then fluids can be restored. This usually takes around one to three days.

More severe cases might involve doctor visits, hospital stays, prescription medication, prolonged rehabilitation, time off work, and more. This is where a licensed personal injury lawyer can come into play, and help victims recover full and fair compensation for their damages.

Legal Claims

If you or a loved one becomes ill from eating food at a professional establishment or another person’s home, it is important to deal with the health concerns first. Once you are treated by a licensed medical professional, be sure to follow all instructions handed down from them. It is also helpful to save the contaminated food for testing, if possible. It is recommended to keep a daily journal detailing your symptoms and struggles.

Indiana Personal Injury Lawyers Who Can Help

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 experiencing a severe food-borne illness in a local restaurant. Call 317-881-2700 to get started today.

How Long Does a Car Accident Lawsuit Take?

After being hurt in a car accident, it is normal to have a lot of questions, especially when it comes to making a claim for compensation. One of the most common inquiries asked by car accident victims has to do with the amount of time it takes to settle a motor vehicle accident claim. This comes as no surprise considering victims need to cover the cost of their damages and losses, like hospital bills and lost wages from work.

If you were injured in a car accident and require assistance with a claim, talk to a seasoned Indianapolis personal injury lawyer who specifies in car accident cases. They will guide you down the road to financial recovery. In the meantime, continue reading to learn what to expect from your pending or potential car accident claim, including how long it might take to recover a settlement.

Car Accident Injury Lawyers 317-881-2700
Car Accident Injury Lawyers 317-881-2700

Car Accident Case Time Table

There are infinite factors that influence how long it takes to settle a car accident claim, making such time tables challenging to predict, as they vary greatly from case to case. While some car accident cases are clear-cut when it comes to economic recovery, others are not, and require more litigation, and thus, more time. You can expect a standard, clear-cut car accident case to take anywhere from 6 months to 1 year, while more complex cases can take double, or event triple that amount of time. In some cases, no settlement is ever reached.

Top Factors That Influence Case Timing:

  • Extent of Injuries
  • Level of Damages Requested
  • Type/Size of Insurance Company
  • Internal Claims Process of Insurance Company
  • Unclear Liability
  • Inadequate Evidence
  • Aptitude of Legal Representation

Talk to a Lawyer Right Away

If you want to learn more about your rights to compensation or making a claim after being injured in a car accident, your best course of action right now would be to consult with a seasoned personal injury lawyer who specializes in car accident claims. They can evaluate your case and provide the proper counsel for your claim. Because of all the factors that come into play in a car accident case, you will be in good hands with

Indianapolis Car Accident Attorneys

The Law Office of Craven, Hoover, and Blazek P.C. are experienced Indianapolis car accident attorneys ready to help car accident victims and clients learn more about their rights following a serious accident. By acting fast and calling our Indianapolis Personal Injury Law Firm, you can avoid encountering delays or problems from waiting too long to file suit. Contact us today at 317-881-2700 to schedule a free initial consultation with a licensed car accident attorney in Indiana.

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

See a Doctor if You Experience These 6 Delayed Car Accident Symptoms

After being involved in a car accident that was not your fault, it is important to see a doctor immediately to confirm, treat, and record any subsequent injuries. However, car accident injuries are tricky since they can show up right away, days later, or both. In the case that you experience any delayed injuries or symptoms after a car accident, it is vital that you go back to the doctor for more medical care. Some delayed car accident symptoms can be indications of something much more serious.

Continue reading to learn the top 6 delayed car accident symptoms that should always be taken seriously.

Whiplash Injury Lawyers 317-881-2700
Whiplash Injury Lawyers 317-881-2700

Headache

Headaches are a common symptom of various circumstances. From allergies and the common cold, to loud noises, stress, poor diet, and lack of sleep, headaches are generally nothing to be too concerned about. However, experiencing debilitating or ongoing headaches after a car accident is something to pay attention to. It could be a sign of whiplash, concussion, blood clots, or even brain damage. See a doctor right away if this happens to you.

Neck/Shoulder Pain

Neck and shoulder pain is another common delayed car accident symptom that should always be taken seriously. Although it is normal to feel a little sore after a car accident, even a minor one, experiencing persistent or worsening neck and shoulder pain could be a sign of whiplash or spinal injuries. Call your doctor and set an appointment if your neck and shoulders are very painful.

Back Pain

Similar to the neck and shoulder area, the muscles in the back can experience some major trauma in a car accident. A little soreness or stiffness in the back could be perfectly normal, and not much to worry about; but if back pain becomes worse or debilitating after a car accident, it could indicate whiplash, spinal injuries, or injured ligaments.

Abdominal Pain

You would not necessarily connect abdominal pain and car accident injuries together, but it happens to be a common delayed symptom. If you feel pain in your abdomen after a car accident, it could possibly mean that you have internal bleeding. Immediately go to the hospital if this happens to you.

Numbness or Bruising

Numbness and bruising are also common delayed car accident symptoms that can indicate something more serious. If you are experiencing excessive or painful numbness, bruising, or discoloration in the skin, it could be caused by a herniated disk, spinal injury, and more. Make an appointment with your doctor if this happens to you.

Emotional Distress

Emotional distress after a car accident is more common in serious accidents. If you are feeling depressed, anxious, angry, or having trouble controlling your emotions, it could potentially be caused by a concussion, brain damage, or even PTSD. It is important to discuss these feelings with your doctor as soon as possible after being involved in a car accident.

Indianapolis Car Accident Lawyers Who Can Help

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a car accident injury claim in Indiana. Our seasoned Indianapolis car accident 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!

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