Monthly Archives: March 2021

How Does a Personal Injury Lawyer Decide to Take a Case?

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There are several factors that accident attorneys consider when they decide to take on a new client or not. If you are a recent accident victim who was seriously injured as a result of another’s negligence, you should learn your eligibility for pursing legal action against the at-fault party.

Continue below to review some of the basic factors that accident lawyers may consider when making the decision to take on a personal injury case.

Personal Injury Lawyers Do Deny Cases

Personal injury lawyers do not take on all cases that come to them. There are many reasons why that is, and ways you can help document your accident claim. The most common reasons why cases are denied is lack of merit, or because the time limit for filing a claim has run out. This time limit is known as statutes of limitations, and for personal injury claims, it is an average of 2 years.

Additional factors that might influence an attorney’s decision to take on an accident case or to work with another attorney on your case include:

> Lawyer’s Specialties – Sometimes, a personal injury lawyer specializes in certain types of accident cases. If your case does not fall within their realm of expertise, they may refer you to a lawyer who is more well-versed or experienced in the particular kind of accident you were involved in or they may work in conjunction with another attorney.

> Out of State Cases – People are sometimes involved in automobile collisions or slip and falls that occur outside the state they live in.  When this occurs, a law firm will sometimes hire a local law firm where the incident occurred since that is the law that would apply to the case and where any lawsuit would need to be filed, if necessary.  The law firm in the state where the injured persons resides would usually handle obtaining all the medical bills and records since that is where any treatment would occur.  In these situations, the law firms split any attorney fees on the case since they are splitting the work and in any event, the client is only charged one fee and is not charged any more because two law firms are necessary.

> Hard-to-Win Cases – Some cases pose too many challenges, making them too hard to win. Examples include cases in which the victim is probably more than 50% at-fault, failed to get proper medical treatment and/or has demonstrated actions or circumstances that question their credibility.

> Case Size and Load – In some instances, some cases are really big and complicated and the law firm does not retain the adequate resources and capital to obtain a successful outcome.  In these situations, the attorney can work in conjunction with another law firm that does have more resources and capital to obtain a full and fair settlement or judgment for a client.

Tips for Supporting the Strength of Your Accident Claim:

☑ Seek Medical Treatment and Follow All Doctors’ Orders as Much as Possible

☑ Keep All Possible Evidence (Documentation, Paperwork, Photos, Video, Witness Info, etc.)

☑ Meet With an Experienced Accident Lawyer

☑ Be 100% Honest With the Accident Lawyer

☑ Let Your Personal Injury Lawyer Take the Lead on Your Case

Are you ready to meet with a seasoned personal injury attorney in Indianapolis, Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation, today! We represent injured victims all throughout the state of Indiana.  We also represent persons who live in Indiana but their injury occurred in another state.

You Should Also Read:

How Can I Tell Whether or Not I Have an Injury Case?
How a Personal Injury Evaluation Can Help You
How to Make a Personal Injury Claim in Indiana

Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

How to Find a Good Personal Injury Attorney

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Many believe a phone directory and a number is all they need when it comes to finding a reliable personal injury attorney. This is far from the truth; in fact, there are several credentials and amenities to look for in an accident lawyer. It is important to hire a lawyer that can assertively represent you and your case to recover the full and fair compensation for your damages.

Continue reading to learn what to look for when retaining a personal injury lawyer following a serious accident that caused you harm or damages.

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

It is Vital to Hire a Personal Injury Lawyer for Your Accident Claim

When searching for an accident lawyer, it is important to know what to look for in a law firm. Below are the most significant credentials and amenities that should be present in any personal injury law firm and within their legal teams.

Licenses and Certifications

A reputable law firm retains valid licensing, as well as the injury attorneys that work for the law firm. It is vital that you use an accident attorney that is actually licensed by the state and has passed the state bar exam. Some people claim to “practice law” because they have taken and passed the Bar but a lawyer cannot practice law unless they are specifically licensed to do so. You are consulting a reputable lawyer if they are properly and legally licensed to practice law. Be sure they are well-versed in personal injury cases as well. You do not want to retain a general civil lawyer to represent your accident claim; instead, you should hire an accident attorney that specializes in personal injury law.

Experience and Achievements

Be sure to look for an accident attorney that is extensively experienced in personal injury litigation and retains ample trial experience as well. Look for recent accomplishments, awards, diplomas, honors, and cases-won in order to grasp a better understanding of their commitment to their industry and the reputation of their law firm. A well-respected and highly accomplished law firm is a good start to obtaining proficient legal representation following a serious injury or accident.

Additional Amenities

Most personal injury law firms offer free initial consultations for clients that believe they were hurt negligently. This allows potential clients to have their case examined by a licensed personal injury lawyer without any obligation to pay legal fees. If a personal injury lawyer believes they do have a strong case, they will represent the client. Another common convenience for clients of personal injury law firms is not having to pay any upfront legal fees.

Most law firms will represent a client for free, and only collect attorney fees if they recover compensation. This puts clientele in a no-risk zone. They can pursue a lawsuit with competent legal representation, without any obligation to pay unless they win a monetary settlement.  Obviously this is beneficial to the client as they have medical bills, property damages and lost wages they are trying to deal with right when they need legal representation the most.  

If you are looking for a qualified personal injury lawyer who will not back down to stubborn insurance companies, you are in the right place. Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with a seasoned accident attorney in Indianapolis, Indiana. Meetings can be conducted over the phone, via online video conference, or in person at our office.  Just call 317-881-2700 to get started today.  We represent injured persons throughout the State of Indiana.

You Should Also Read:

Your First Steps in an Accident Claim
Frequently Asked Questions About Hiring an Accident Lawyer
How Can I Tell Whether or Not I Have an Injury Case?

Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

Can I Sue a Spring Break Hotel After Being Injured on their Property?

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Spring Break is here, and hundreds of thousands of people are planning, enjoying, or just coming home from their well-deserved vacations. When you think of going on Spring Break, you imagine a fun-filled trip chalked full of new experiences and happy memories. No one really plans on getting hurt, especially at their own hotel. As a spring break vacation hotel guest, you fully expect that your hotel will provide a safe and hazard-free environment during your stay. But accidents do happen on Spring Break; and if they happen as a result of hotel negligence, injured victims should be fully and fairly compensated for their damages and losses.

If you were recently injured on hotel property as a result of their negligence, you may be entitled to a settlement to cover your damages. Continue reading to learn the basics of hotel accident liability, and how to determine if you have a strong case.

Spring Break Hotel Injury Lawyers 317-881-2700
Spring Break Hotel Injury Lawyers 317-881-2700

Hotel Accidents and Premises Liability

Right now, hotel traffic and occupancy are high, especially in popular vacation spots like Florida and New Orleans. The majority of hotels and hotel chains in these tourist areas are properly managed and maintain strict internal safety codes for the security of their guests, visitors, and staff. Such hotels stay current on all building codes, regular inspections, and routine maintenance, ensuring that everyone in and around their premises are safe and protected against foreseeable hazards. But unfortunately, not all hotels uphold this duty of care, leaving many Spring Breakers wrongfully injured in a hotel accident this time of year. Even the most professional and esteemed hotels sometimes do not use reasonable care, making them liable for a person’s injuries in the case of an accident.

Common Types of Hotel Accidents

Hotels are built in a way that can pose a long list of possible hazards and accidents, from balconies and stairwells to fire systems, swimming pools, slip and falls, food poisoning, assault, theft, and even tea kettles and unsafe furniture. With so many amenities, activities, and structures around, the possible ways of getting hurt are virtually infinite.

❖ Balconies and Stairwells – Dangerous and defective railing, lighting, and other structural integrity issues are common causes of hotel negligence that can lead to victims falling off of balconies or down stairwells.

❖ Swimming Pools and Pool Decks – Drowning accidents at hotels happen and swimming pools can also pose several other types of dangers, such as head and neck injuries, spinal injuries, orthopedic injuries, and slip and fall injuries.

❖ Slip and Falls – There are many slip and fall hazards that can cause serious injuries to hotel guests and visitors, such as wet floors, un-level walking surfaces, torn carpeting, poorly-lit staircases, damaged curbs and steps, and much more.

❖ Defective or Broken Items – Furniture, small appliances, and other items in a hotel can also be the cause of a wrongful injury to a guest, such as a broken shower rail, defective tea kettle, faulty electrical wiring, irons, steamers, fire alarms, smoke detectors, and more.

❖ Criminal Activity – Hotels are supposed to provide a safe environment for their occupants and staff. They should take the proper precautions to prevent common spring break hotel criminal activity like theft and assault.

Premises Liability Law

Hotels are legally required to use reasonable care to keep their occupants and staff protected from foreseeable hazards and unsafe environments on their premises, including indoors, outdoors, shuttles, and parking lots. If they fail to uphold this legal duty of care, they can be held responsible in a premises liability lawsuit. If a person, guest, employee, or otherwise, is injured on their property as a result of the hotel’s failure to reasonably maintain safe premises, victims can sue the hotel and recover compensation for their damages and losses. Common personal injury damages include hospital bills, medical expenses, lost wages and pain and suffering.

Were you seriously hurt in your hotel on spring break?

Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for professional personal injury claim representation you can trust. We serve clients in Indianapolis and all throughout Indiana.  Call us at 888-881-2700 or 317-881-2700.  If the injury or death occurs outside Indiana, our law firm will work hand in hand with a well respected law firm in whatever state the injury or death occurs in to assure that our clients have the best representation in both states.

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Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

Is it Expensive to Hire an Accident Attorney?

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When faced with tens of thousands of dollars of out-of-pocket expenses after suffering a serious personal injury in an accident that was not your fault, you might flinch at the thought of how much it might cost you to hire a lawyer to represent your personal injury claim. As a result, many accident victims hesitate, or even forgo hiring a law firm to recover for them the compensation they deserve to cover their losses and damages. This is a tragic circumstance, as all wrongfully injured victims deserve justice in the form of full and fair financial remuneration, as well as reputable and capable legal representation to obtain such compensation.  The insurance company for the at fault party has attorneys on staff to represent their interests and so should you.

If you are a recently injured victim hurt in a wrongfully caused accident, and you are wondering if you have it in the budget to hire an accident attorney, you can rest assure that you do. Most personal injury law firms work on contingency, which ultimately works in your favor. Our law firm is one that works on contingency.

Continue below to learn what contingency fees are and how they work, as well as where to get skilled personal injury legal assistance in Indianapolis, Indiana.

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

Personal Injury Law Office Payment Arrangements

Personal injury law firms typically operate using a contingency-fee payment arrangement business model. So, accident lawyer rates are contingent, meaning they are conditional or dependent on how much they recover in the personal injury case. Under this payment arrangement, a lawyer working on contingency does not get paid unless they can obtain a settlement or verdict for their client. The higher the settlement or verdict, the more they are compensated and the more you are compensated. This is mutually beneficial considering skilled and experienced personal injury lawyers work very hard to win the maximum amount of compensation for their clients.

Consultations, Retainers and Upfront Attorney Fees and Expenses

Not only do you not have to pay your accident lawyer for their services until you are awarded and paid a personal injury settlement, but you also do not have to pay any upfront attorney fees, including retainers. Personal injury clients, under a contingency-fee arrangement, do not pay anything at all until their case is complete. Most personal injury law firms also offer free initial consultations so they can determine whether or not a client has a strong case. This is because these firms work on contingency. This means they only get paid if they recover a settlement for you. If they do not believe they can recover a judgement in your favor, they will not take on the case.  Our law firm never charges a client or potential client attorney fees for an initial consultation.

Additional Legal Fees and Expenses

If a client does not win a settlement or verdict, they do not have to pay their accident lawyers for attorney fees or expenses in almost all cases. Clients do not pay the expenses out of pocket as the case progresses. Instead, these expenses are paid out of the settlement or verdict after they have paid their lawyer fee. Such expenses might include copies of records and reports (medical records, police reports, etc.), legal research costs, court costs (filing fee, deposition fees, etc.), investigators fees, expert witness fees, and office expenses (copying, faxes, etc…) In essence, your personal injury attorney is paying the expenses necessary to pursue your injury case properly as the case progresses and then the attorney gets reimbursed those expenses, but only if he or she obtains a settlement or verdict on your behalf.

Are you in need of a skilled and motivated Indianapolis, Indiana personal injury lawyer? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for superior injury claim legal representation you can trust. We serve clients in Indianapolis and all throughout Indiana.  Call us at 888-881-2700 or 317-881-2700.

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Common Fee Arrangements for Legal Representation
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Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

Common Types of Expert Witnesses in an Accident Lawsuit

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Continue below to learn which kinds of expert witnesses you might outsource for your personal injury lawsuit.

Indiana Personal Injury Accident Lawsuit Attorneys
Indiana Personal Injury Accident Lawsuit Attorneys 317-881-2700

Personal Injury Expert Witness Testimonies

When it comes to predicting the outcome of a client’s accident lawsuit, it all depends on what can be proven. As an injured victim, you and your team of personal injury lawyers are the plaintiff party, which means your side holds the burden of proving your damages, even if the case is obvious. Not only must you prove your past, current, and future damages, but as the plaintiff in a personal injury lawsuit, you must also prove that your accident and subsequent injuries were a proximate result of the defendant’s negligence or carelessness.  The plaintiff must prove their case on a more likely than not standard.

One effective strategy that accident lawyers rely on to prove their client’s damages is expert witness testimony. By calling on certified professionals and specialists, an accident attorney can strengthen their case by supporting their arguments with cold hard facts and empirical evidence given by qualified and reputable witness testimonies. This step is an important part of most personal injury lawsuits.

Your Accident Lawyer Will Choose Your Expert Witnesses

As a recent victim of an accident that was not your fault, you may not know if your personal injury case will require expert witness testimony, nor are you expected to know which experts to choose if you do. Instead, trust your seasoned Indiana personal injury attorneys to navigate these aspects of your claim for you, and choose the proper expert witnesses to recover the full and fair settlement you deserve. The expert witnesses they choose for your case will depend on the type of accident and injuries you’ve suffered, as well as the various details surrounding the accident and negligence itself. They will also consider the potential arguments the defense will likely raise.

Expert Witnesses Often Used in Accident Lawsuits

► Medical Experts – Doctors, nurses, counselors, therapists, and similar medical professionals are often called upon in personal injury cases. They are used to confirm the validity of the injured victim’s diagnosis, explain the details and necessity of their treatment, and to help prove the extent of injury. They will give their professional opinions and diagnoses on the severity of the injuries, and whether or not they are temporary, long-term, or permanent. Sometimes, multiple medical experts are called to the stand to testify in personal injury lawsuits.

► Mental Health Experts – Along with licensed medical professionals, often times a personal injury legal team will outsource expert witness testimony from mental health professionals, some of which are actually licensed doctors, such as psychiatrists. Other mental health experts used in such cases include psychologists, therapists, grief counselors, family counselors, and psychoanalysis experts.

► Accident Re-constructionists – Accident reconstruction specialists reconstruct the setting and circumstances of the accident to reveal certain facts, usually about who’s at fault. These expert witnesses are sometimes used on motor vehicle accident and pedestrian accident cases, as well as bicycle accident cases, workplace accidents, and slip and fall accidents.

► Industry and Occupational Experts – In some cases, a personal injury lawsuit will include witness testimony from certain industry or occupational experts. These professionals will testify regarding the safety standards surrounding the accident, as well as municipal factors, architecture, building codes, fire codes, OSHA, and more.

► Financial Experts – When it comes to proving the calculable losses suffered by the plaintiff party in a personal injury lawsuit, finance and economic experts are sometimes used. This is fairly common in accident cases that involve severe disability and extensive financial devastation, such as wrongful deaths and catastrophic accidents.

Do you need help with your personal injury case in Indianapolis, Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to being compensated for your damages and losses after being wrongfully injured.  We represent the families in wrongful death cases and injured persons throughout the state of Indiana.

You Should Also Read:

Does an Injured Victim Need a Witness to Prove a Car Accident Case?
The Importance of Witness Statements After a Car Accident
Can I Settle a Personal Injury Claim if I Cannot Prove Fault?

Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

How Social Media Posts Can Reduce Your Accident Lawsuit Settlement

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If you are an injured victim preparing to file a lawsuit for damages against the party who caused your accident or getting ready to file a claim with the at-fault party’s insurance company, beware what you post on social media. Whether you are tweeting, Facebooking, Instagramming, or posting on any other social media forum, what you post can and will affect the overall value of your claim, and ultimately, the settlement you are awarded by the jury.

Continue below to learn of an example of how social media posts can reduce accident lawsuit settlements, as well as how to ensure you recover the full and fair settlement for your damages and losses as a wrongfully injured victim in Indiana.

Don’t Make Social Media Mistakes After an Accident

Be Careful What You Post After Being Injured in an Accident

One of the most vivid examples of how social media posts can impact an accident settlement negatively involves an injured victim by the name Omiesha Daniels. Injured in a car wreck in Georgia, Daniels pursued a lawsuit for $1.1 million in damages. She claimed that the injuries she sustained in the auto accident made it impossible for her to continue her job as a hairstylist.

Unfortunately, the defense on the case was keen to her social media accounts, which painted a different kind of story regarding her injuries.

Here is Where the Mistake Was Made:

Omiesha Daniels tweeted posts and pictures of herself during her Spring Break vacation in New Orleans, some posts talking about partying on Bourbon Street, others showing pictures of her enjoying a sunny beach day, and one photo showing her holding her purse with her formally broken arm. Although Daniels was suing for $1.1 million in damages, the jury awarded her $237,000 in damages. But, after the defense used her Twitter account as evidence to disprove the severity of her damages, the jury lowered the value of her damages to $142,000.

The Fundamentals of a Personal Injury Lawsuit

In a car accident personal injury lawsuit, the injured party holds the burden of proof to a more likely than not standard. At trial, it is up to the plaintiff to prove the extent and severity of their damages and losses, while it is the job of the defense to prove that the plaintiff’s damages are not as bad as they claim them to be. This tug of war fueled by evidence is an important part of the trial because whoever has the strongest evidence will prevail.

Defense attorneys and defense adjusters will review you social media accounts.  They will use what you post on these accounts in an attempt to diminish your claim for damages, usually by arguing and stretching the truth as to what the posts or photos allegedly show.  You are better off not posting anything so this does not occur.

Are you looking for a skilled personal injury law firm in Indianapolis, Indiana to represent your accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation, today! We represent injured persons and wrongful death claims throughout the state of Indiana.

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Indianapolis Personal Injury Lawyers 317-881-2700
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The Most Common Types of Damages Awarded in Personal Injury Lawsuits

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Those who are injured wrongfully by a reckless or negligent party should not be financially liable for their damages and losses. Wrongfully injured victims deserve justice, and that justice by law comes in the form of full and fair compensation for everything from medical expenses and hospital bills, to lost wages, pain, suffering, disability, and much more. These types of losses all fit under one of two categories of damages, economic and non-economic. Within these two umbrella categories lies several other types of damages that are and should be awarded in personal injury cases. As an injured victim hurt in an accident that was not your fault, you deserve to know which types of damages you are entitled to under the law.

Continue reading to review the most common types of damages in personal injury lawsuits, and where to get trusted advice on your claim.

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

Economic and Non-Economic Personal Injury Damages

Economic damages represent quantifiable losses that are documented, and therefore, can be more precisely calculated. Examples of such damages include hospital bills, medical expenses, gas money spent traveling to and from doctor’s visits, lost wages from missing time at work, and similar out-of-pocket costs. Non-economic damages are the opposite, as they are more difficult to put a figure to. However, these types of damages are even more impactful and deserving of compensation, such as pain and suffering, emotional trauma, mental anguish, loss of consortium, loss of ability to work, permanent disfigurement or disability, and similar losses experienced by a personal injury victim.

⚖ Compensatory Damages – Economic damages, like hospital bills and medical treatment, are types of compensatory damages, or actual damages. They can be traced and calculated.

⚖ General Damages – General damages are also known as hedonic damages, and they represent non-economic damages like pain and suffering or reduced quality of life.  These are the damages that injured persons are entitled to under the law and any settlement or award for these types of damages should be substantial if the injury was substantial.

⚖ Special Damages – There is also another category known as special damages, which are awarded for things like property damage, legal fees, and even incidental and future damages, if eligible.

Punitive Damages

Courts may also award additional punishable damages in special cases of extreme offensive conduct including gross negligence. These are called punitive damages, or exemplary damages, and are more intended to reprimand the wrong-doer rather than award the victim (although the victim still receives a percentage of the monetary compensation awarded). Punitive damages are awarded in cases where victims suffered losses as a result of another’s maliciousness, brazenness, or gross negligence. They are intended to set an example, as well as reform the wrong-doer and deter others from similar immoral behaviors.

Aggravated Damages

Aggravated damages are not a separate category of damages, but rather an extension of general damages that fall under compensatory damages. Aggravated damages are essentially the same as punitive damages, since they are awarded for cases of egregious invidious conduct, however, they are directly compensatory in nature. Punitive damages are meant to punish, whereas aggravated damages are meant to monetarily compensate a victim for aggravated injuries sustained by a defendant’s extreme malevolent conduct.

To learn more details about the common damages awarded in a personal injury claim, speak with a licensed Indiana accident lawyer who has the knowledge and experienced necessary to obtain the full and fair compensation you deserve as a wrongfully injured victim.

Learn More About Making a Personal Injury Claim in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to being compensated for your damages and losses after being wrongfully injured in Indianapolis, Indiana. Our seasoned personal injury lawyers retain extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

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Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!