To Sue or Not to Sue for a Personal Injury?

Posted on June 23, 2022 by admin

To sue or not to sue? Well, that is certainly an important question after sustaining serious injuries in an accident that was someone else’s fault. When wrongly injured by another party, it is natural to assume you will be fairly compensated for your injuries and subsequent damages. And although most personal injury lawsuits settle before ever reaching trial, this is not always the case. Sometimes, it takes a lawsuit to get the financial justice you deserve. But do you know if you need to sue?

Continue reading to learn how to determine if your personal injury accident is grounds for a lawsuit or if your case is a good candidate for settling out of court.

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Considerations For Personal Injury Lawsuits

Whether a person, business, manufacturer, insurance company, or even a branch of government, an at-fault party should be held liable for your resulting personal injury damages and losses, including but not limited to lost wages, medical expenses, hospital bills, prolonged rehabilitation, pain, suffering, and more. But before your jump straight into a personal injury lawsuit, there are several considerations that need your attention first. You see, there may be no question that a person who’s been wrongly and negligently injured is a victim but being a victim doesn’t always mean there are valid grounds for a lawsuit, or that a lawsuit would be the best route to take.

Certain dynamics of a case largely determine whether a person can or should sue another for their injuries. For example, the seriousness of an injury must be examined and assessed, the opposing party’s actual level of fault or negligence, and the limits of the at-fault person’s insurance. All these factors and more are considerations that will reveal whether a lawsuit is an advisable action or not.

Can the At-Fault Party Pay?

Aside from all of the relevant factors to consider, one of the most important and deal-breaking is whether or not an at-fault party is capable of providing remuneration. Sometimes, an at-fault party does not have the means to pay for another’s damages because they are not insured; so even if they are sued and lose, a victim might not be able to be awarded any funds if there are none to give in the first place. This is especially true if the at-fault party doesn’t have liability insurance either. This is why every person should purchase uninsured and underinsured insurance coverage to protect themselves and other persons in their vehicle.

In this case, a victim will only waste their own time and money pursuing a lawsuit that can’t render recompense. The same goes for anyone intentionally or maliciously injured. A liability insurance policy will not cover intentional tort or wrongdoings, so if someone wants to recover compensation for an intentional injury, they must pursue it in court; but if the individual does not have the means to even pay for a victim’s damages, a lawsuit will also be unsuccessful in some situations in providing actual recompense.

If you are struggling with the decision to move forward with filing an injury claim for compensation, your best option is to consult with a seasoned personal injury lawyer in Indianapolis for personalized advice regarding your case. They will know if your case is valid, and whether you should pursue legal action against the at-fault party and they can look to determine any and all potential applicable insurance policies.

Are you asking yourself, “Where can I find the best accident lawyers near me?” Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We do not get paid until we obtain a settlement or verdict for you, which means we strive to recover a settlement or verdict as quickly as possible for our clients, but always with the understanding that the settlement must be the full-and-fair based on all the evidence for the case. We represent injured persons throughout the state of Indiana.

Should I Hire a Truck Accident Lawyer in Indiana?

Posted on June 20, 2022 by admin

Negligent trucking companies and commercial truck drivers can be held liable for damages in a motor vehicle accident. But without professional representation, bringing about a claim against them can pose several uphill challenges. If you were recently injured in an accident that was caused by a trucker, you need the guidance of a skilled and seasoned law firm.

Continue reading to learn what an Indiana truck accident lawyer can do for you, plus how to get started on your claim.

Large Truck Accident Lawyer Indianapolis Indiana 317-881-2700

Commercial Trucking Accidents and Damages

Commercial and large-fleet truckers can cause a serious amount of damage with their rigs. Other cars, even SUVs and conventional 4×4 trucks, don’t stand a chance against the massive-sized semis, 18-wheelers, boom trucks, recycling trucks, cement trucks, dump trucks, box trucks, roll off trucks, and wide-load trailer trucks on the road. Not only do these common large commercial trucks weigh around 25 times more than the average vehicle, but they can also carry dangerous freights, like highly combustible materials or industrial waste. Combined with high speeds, the results are known to be devastating, and many times, fatal.

Because of these factors, the amount of damage that results in negligent trucking accidents can tend to be more severe than standard auto collisions. So, when an innocent victim is injured or killed in a negligent trucking accident, they deserve justice. A personal injury lawyer who specializes in Indiana truck accidents can be the essential resource in obtaining the maximum settlement or verdict for your case.

Should you hire a truck accident lawyer? Yes, and here’s why:

They Know State and Federal Trucking Laws

A personal injury truck accident lawyer has a comprehensive understanding of the specific state and federal trucking laws and regulations, including those surrounding commercial drivers’ licenses (CDLs), drivers’ training and testing, drug and alcohol screening, maximum truck weights, maximum load weights, and truck maintenance guidelines.

They Will Determine Which Party or Parties are to Blame

A personal injury lawyer in Indianapolis will determine which party is to blame for your trucking accident. In commercial truck accident cases, it is possible, and often typical, to have more than one defendant. An attorney will examine and organize every detail of your case, and ultimately prove which party or parties are at-fault for your accident.

They Will Optimize the Discovery Process for You

The discovery process is the stage of a legal case in which both parties exchange all relevant case information in full disclosure, including documents, statements, admissions, and facts. Your Indiana truck accident attorney will have the skills to use the discovery process to your full benefit. Not only will they take advantage of discovery phase-specific tools like depositions, interrogatories, and requests for admission, they will use these tools to get the facts needed to win your case.

They Will Navigate All Settlement Negotiations

Most personal injury cases are settled before ever going to trial. Your Indianapolis truck accident lawyer can handle the settlement negotiations on your behalf and obtain the maximum settlement you deserve, all while avoiding a lengthy trial. They will let you know when to accept a settlement offer and when an offer is too low.

If you or a loved one was recently injured/killed in a car accident caused by a large truck or semi, learn your rights to pursing compensation through a personal injury or wrongful death claim. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced truck accident lawyers in Indianapolis, Indiana. We represent clients throughout the state of Indiana, and can meet over phone, video, or in-person at our Indy-based office and even at your home or the hospital if necessary. It is vital to obtain an attorney right away because the evidence needs to be obtained immediately.

Do Remote Employees Qualify for Workers’ Compensation if Injured at Home?

Posted on June 14, 2022 by admin

The pandemic certainly changed the dynamic of the workforce. Many offices and professional businesses have leaned into the work-from-home strategy, finding that remote workers are happier, and therefore, produce higher quality work. Plus, incorporating remote staffing into a compatible business model can deliver a wide range of benefits in terms of overhead expenses and bottom lines.

Nonetheless, being that the telecommuting office strategy allows employees to work from home, the potential for blurred lines and boundaries are ever present. One such area of concern or confusion involves workplace injury liability.

Do remote workers qualify for workers’ compensation benefits if they are injured at home? Continue below to explore this topic further.

Workers' Comp Attorney Indianapolis Indiana 317-881-2700 — Workers’ Comp Attorney Indianapolis Indiana 317-881-2700

Workers Compensation for Work-From-Home Employees

Employees who work from home get to enjoy all sorts of concomitant perks, like not sharing a bathroom with a dozen other coworkers or spending more time with the family pet. But do these workers also get workers’ compensation perks if they are injured at home? The answer really depends on the circumstance and timing of the accident that caused the injury.

Scope of Employment

At-home workers are generally entitled to all the same benefits and protections as on-site workers. This also applies to workers’ compensation benefits. Whether an employee works from home or not, in order to be covered under workers’ compensation, they must have been injured while performing work-related duties. This is referred to as “scope of employment.”

For instance, if an employee leaves their house in the middle of the workday to go grocery shopping, and during which is injured, they are not covered under their company’s workers’ comp policy because they were not performing a work-related duty.

Oppositely, if the employee leaves the house to perform a work-related duty, like show a property to some potential buyers or make a delivery, then they should be eligible for workers’ comp benefits after sustaining an injury during the process.

So, if a remote worker is injured inside their house while performing work-related duties, they may qualify for workers’ compensation benefits so long as the work-related duty falls within their scope of employment. Common examples of work-from-home accidents include car accidents, slip and falls, back and neck injuries caused by poor posture, repetitive stress injuries (i.e. carpal tunnel syndrome), and possibly mental stress.

Who Might Be Ineligible for Workers’ Comp?

There are many cases in which an injured-at-home employee is disqualified from workers’ compensation coverage, such as causing the injury themselves or maintaining a hazardous at-home workplace environment. In fact, OSHA does not have any regulations that require business owners to inspect or sign off on their staff’s work-from-home offices. Additionally, if a remote worker is injured at home as a result of a hazardous at-home workplace, the business owner would likely not be liable.

It is important to note that certain vocations are not covered by workers’ compensation benefits, such as domestic workers (i.e. nannies, babysitters, housekeepers), agricultural workers, and independent contractors.

Were you recently injured on the job? Talk to a licensed and experienced personal injury lawyer to learn all about your rights to collecting a full workers’ compensation settlement. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

Am I Liable if My Guests Drink and Drive?

Posted on June 9, 2022 by admin

Social host liability is a real thing, and you should be fully informed of this legal responsibility before serving alcohol at your next soirée. Of course, not all states have social host liability laws, such as New York and California, but most do. So, do your part by learning what it takes to be a safe and responsible social host.

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Key Facts Surrounding Social Host Liability

If you are planning to serve alcohol to guests at your next event or party, be sure you know where you stand in terms of legally liability. The law will hold you [and therefore your home owner’s insurance company] responsible for the actions and inactions of your intoxicated guests, including drinking and driving. In fact, DUI cases are among the most common scenarios in which social host liability comes into play. If you knowingly serve alcohol to an already-inebriated guest or over-serve alcohol to a formally-sober guest, and then they drive home, you can be held legally responsible for any damages and losses they cause while operating their vehicle under the influence of alcohol.

Whether they drunkenly decided to joyride across a private golf course, fall asleep at the wheel and hit a pedestrian, or cause a serious auto accident that results in bodily harm to another, responsibility for these incidents could link back to you if the driver got drunk at your party on your alcohol. In serious cases, a social host could face criminal charges on top of a civil lawsuit.

Serving Minors

Social hosts also have a legal duty of care to ensure alcohol does not get in the hands of anyone who is under the legal drinking age. If you are caught serving alcohol to a minor, and that minor, under the influence of alcohol, drives and gets into an accident, you could be held civilly and criminally responsible. This also applies in some cases of unknowingly supplying alcohol to minors. In the case that your teenager and some friends steal the liquor from the cabinet, and then an accident takes place as a result of their intoxication, the law might hold the homeowners and legal guardians liable.

Dram Shop Laws

Restaurants must uphold this same duty of care. Dram Shop laws impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol, but only if the driver was already intoxicated at the time of the sell.

Were you or a loved one seriously injured in an accident caused by a drunk driver? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced drunk driving accident lawyer in Indianapolis, Indiana. We represent all drunk driving cases throughout the state of Indiana, including car accidents, truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.

Understanding Onset of Injuries After a Car Accident

Posted on June 6, 2022 by admin

Even as low as 5 or 10 miles per hour, vehicles are essentially multi-ton missiles on the road. So, when drivers are involved in a collision, the event is usually traumatic. The force produced by a car wreck can cause a wide range of injuries to both passengers and drivers, especially soft tissue injuries, back injuries, neck injuries, and concussions; injuries that are not always present right away. It does not take a big collision for a person to be injured in even a “minor” automobile collision because the force of the collision between the two vehicles involved in the collision flows through your flesh and body.

A common phenomenon surrounding car accidents is known as an onset of injury, which describes a car accident victim who does not show signs of injury until hours, days, or even weeks following the collision. Such car accident victims often feel concerned that they are no longer eligible to claim payments through an accident claim or lawsuit because their injuries were not apparent at the scene of the accident. But those who are wrongly injured in a car wreck deserve justice no matter how many days later their injuries appear, and the law tends to agree. Moreover, medical doctors agree that a delayed onset of injuries for a person involved in an automobile collision is very common.

Continue reading to learn more about experiencing an onset of injury after a car accident, including what you should do if you were hurt in an auto collision that was not your fault.

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Do Not Mistake a Minor Accident for Minor Injuries

Even a seemingly minor car accident can cause bodily injury that does not appear at or directly after the scene of the collision. And if a minor car accident can pose the risk of late-appearing bodily harm, you can safely presume that a more serious auto accident can lead to an onset of injuries as well. An auto accident victim might feel fine, even unharmed, after the event, especially with their adrenaline pumping, but then days, weeks or even months later, begin experiencing signs and symptoms of serious injury. The most common types of late-appearing car accident injuries include neck injuries, back injuries, soft tissue injuries, whiplash, and concussions.

Because onset of injury is a real possibility among car accident victims, it is crucial to monitor your daily health following the wreck and to seek medical attention at the first sign of any evolving injuries. Such records will protect your rights to claiming payments through an accident claim or lawsuit, down the line, especially when the defendant’s insurance adjuster starts arguing you were not injured.

What To Do After a Car Accident

After being involved in a car accident that was not your fault, it is important to protect yourself by filing a police report at the scene and receiving medical attention from responding EMT’s. Also at the scene, gather as much video and photo evidence of the surroundings, including car damages, street signs, traffic signs, skid marks, intersections, any visible injuries on you, and more. You should also try to gather contact information from any witnesses. All of this evidence can help support your rights to being compensated.

After you leave the scene of the accident, it is critical to see a doctor right away. If you do not want to go to the emergency room, make a doctor’s appointment for the next day or as soon as possible. It is important to see a doctor after a car accident whether you feel injured or not. Not only will a doctor be able to check you out and give you instructions on how to self-monitor for later-appearing car accident injuries, and these medical records will help support your case as well.

During this process, it is vital that you do not speak with any insurance adjusters or representatives. Instead, work fast to hire a personal injury law firm in Indiana that specializes in car accident injury claims. They have the knowledge and resources to represent your case and obtain the maximum settlement or verdict you deserve. Just be sure to choose the best car accident attorneys in Indianapolis!

Insurance companies for defendants have attorneys and insurance adjusters working on the case for the defendant from the moment the at-fault driver informs them of the automobile collision. You should have immediate attorney representation as well to make sure you get treated fairly and so the other side does not entice you to doing things that will only help their side.

Are you looking for a qualified and experienced civil litigation law firm that can meet these expectations and more? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned car accident lawyer in Indianapolis. We represent clients throughout the state of Indiana and Indiana residents injured in other states.

Facts About Confirming Fault in a Motorcycle Accident

Posted on May 27, 2022 by admin

When it comes to determining who is at-fault for your motorcycle accident, the first factor that matters is the state in which the accident took place. There are both “at-fault” and “no-fault” states, so depending on which state your accident was in will influence who is held accountable for the losses and damages incurred because of the accident. Some states hold no one accountable, some states put the responsibility on one person or the other, and some states use a formula that considers how much each individual contributed to the accident.

If you are a recent victim of a motorcycle accident that caused you serious injury, it is in your best interest to consult with an experienced personal injury lawyer for help understanding your state’s laws surrounding tort law, liability, and more. In the meantime, continue reading to learn some additional information about motorcycle accident claims and liability.

Motorcycle Accident Lawyers Indianapolis Indiana 317-881-2700

Motorcycle Accidents in No-Fault States

If you were involved in motorcycle accident in no-fault state, such as Florida, Michigan, New Jersey, New York, or Pennsylvania, it is likely that your damages and losses will be compensated for by your own insurance company. If the compensation is not enough, you can file a claim to recover more. For this reason, it is important to obtain sufficient insurance if you live in such a state. Your policy should cover injuries, medical expenses, and bike damage.

Motorcycle Accidents in At-Fault States

The process is different in at-fault states because motorcycle victims file accident claims with the at-fault person’s insurance company, rather than their own. Although, if the at-fault person does not have enough insurance coverage, you can make an underinsured claim through your own motorcycle insurance carrier. The degree of fault is taken into consideration when deciding how much compensation will be awarded to the victim. This is called comparative fault. Indiana is an “at-fault” state where the injured person can recover for their damages so long as they are not more than 50% at-fault. For example, if the jury says the defendant is 60% at fault and the plaintiff is 40% at fault, the plaintiff wins but their total verdict is reduced by their own percentage of fault which was 40%.

What You Should Do as a Motorbike Accident Victim in Indiana

Speak with an experienced motorcycle accident attorney in Indianapolis to decide the best strategy for filing a personal injury claim in the state your accident took place. If you are a resident of Indiana and you are injured in another state, contact our law office and we will work with another attorney in the state you were injured in to help you receive full and fair compensation. You will not pay higher attorney fees for having attorneys in two different states. Even if the accident was not recent, you may still be able to file a claim against an at-fault party if the statutes of limitations has not yet run out.

Are you looking for skilled personal injury attorney to represent your recent bike accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned motorcycle accident attorney in Indianapolis, Indiana who can recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

What You Can Expect From the Personal Injury Lawsuit Process

Posted on May 24, 2022 by admin

No personal injury case is alike. They each have their own unique set of circumstances. However, most personal injury lawsuits will involve a similar legal progression, from the initial step of filing a lawsuit to the final phase of receiving a verdict or settlement. Continue reading to learn which steps will likely fill in the blanks between the start and finish of a personal injury case, plus where to obtain skilled accident representation for your claim in Indiana.

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Litigation Milestones in a Personal Injury Lawsuit

Although your personal injury case will not look like the next person’s, you can count on a few standard litigation milestones after deciding to move forward with a lawsuit, such as hiring an Indianapolis accident attorney and filing a complaint, as well as exploratory investigations, pretrial and discovery, depositions, and more.

Obtaining Legal Representation

The first step after making the decision to sue is to hire a personal injury law firm to represent you. An accident attorney has the proper knowledge, experience, and resources to build a strong and impactful case on your behalf to obtain the maximum settlement possible for your lawsuit.

It is not recommended to represent yourself in a personal injury lawsuit. Not only is the law complex, but the filing and deadline requirements are stringent. Furthermore, representing yourself places you at a much higher risk of losing money. You would be required to pay for all upfront costs and legal expenses, and in the end, likely receive a much lower settlement than you would without legal representation.

The personal injury lawyer might choose to initiate an exploratory investigation before taking you on as a client. An exploratory investigation primarily involves researching and confirming the defendant’s insurance coverage and your own underinsured coverage. If the lawyer decides you have a viable case, they will commence all the necessary paperwork, making the client-attorney relationship official. Next comes attempting to resolve your case with the defendant’s insurance carrier after you have finished your medical care and if the insurance company does not wish to resolve your case for a full and fair settlement, next comes filing the lawsuit.

Filing a Complaint With the Court

After establishing the client-attorney relationship, your accident lawyer will take the necessary steps to file a personal injury complaint, which will be physically served on the defendant. From there, the defendant is given time to hire their own legal team and prepare for the first court appearance. The personal injury complaint is the first official legal document in the lawsuit process. It contains the circumstances of the accident, including how the defendant was negligent and the damages you’ve suffered as a result.

Pretrial and Trial

The next major stage in the personal injury lawsuit process is pretrial, which is followed by mediation or a trial. During the pretrial process, the “discovery” phase takes place, which involves both sides exchanging evidence and information, including depositions from both parties, witness statements, expert witness testimonies, and more.

Also, during the pretrial process both sides will appear in front of a judge to agree to or reject mediation. The pretrial phase can take several months due to the intermittent court hearings and scope of evidence collection. Most personal injury cases settle out of court, but some do go to trial.

If your case goes to trial, lawyers will begin to select a jury, set mandatory settlement conferences, debate which pieces of evidence will be allowed at trial, and so forth. Once the trial begins, the process only takes a matter of days. Within a weeks’ time, give or take a few days, the court and jury will decide if and how much the defendant should pay the plaintiff for damages. If the defendant is found liable and ordered to pay, they can choose to appeal, which continues the process for several more months. The defendant’s insurance company will pay any verdict entered against the defendant, up to the insurance policy limits.

Receiving a Settlement

Both parties can agree to a settlement and close the case at any point in the process, even before a complaint is ever filed. There are many factors used to calculate a personal injury settlement.

The attorneys are responsible for preparing and agreeing upon the release document, which sets forth all the terms of the settlement.

Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.

What You Need to Know About Bicycle Accident Personal Injury Claims

Posted on May 20, 2022 by admin

Spring is in full swing, which means an increased opportunity for outdoor fun. Bicycles, tricycles, scooters, roller blades, and more are all traditional springtime activities for adults, teens, and kids alike. It is a fun and healthy recreational pastime that allows us to get outdoors, spend time with our loved ones, and enjoy the nice weather. Unfortunately, bicycle safety is pushed under the rug all too often, and because of this, accidents happen. Even when safety is properly considered, there are incidents that can take place out of our control. For this reason, all cyclers bike enthusiasts should know their rights if injured on a bicycle at no fault of their own.

Continue reading to learn what you need to know about filing a bicycle accident personal injury claim in Indiana after being wrongfully injured on your bike.

Bicycle Accident Claims Indianapolis Indiana 317-881-2700

Indianapolis Bicycle Accident Causes and Common Injuries

There are two main types of bicycle accidents that result from negligence outside of a rider’s control: motor vehicles and bicycle defects. If a car, truck, or product defect causes an accident that results in a rider’s injury, liability falls on them, not the rider. Both situations can lead to serious personal injuries to a cyclist.

Several serious injuries can result from bicycle accidents, such as brain damage, traumatic brain injuries, comas, concussions, broken bones, spinal cord injuries, paralysis, and even death. These injuries can be life-threatening or permanent in severe situations. According to the National Highway Traffic Safety Administration (NHTSA), from the years 1932 to 2008, more than 50,000 bicycle-related deaths occurred.

These alarming statistics do not even include injuries and deaths sustained from bicycle defects. According to the same statistics, in the year 2008 alone, more than 50,000 cyclists were injured in negligent traffic accidents. The most devastating truth among these statistics is that in 2008, 13% of bicycle accident fatalities were children. Bicycle safety is something everyone needs to take seriously. We can stop these accidents from taking place with responsible driving and education at a young age.

Defective Bicycles

As for product defects and bicycles, there is not much we can do to stop these unfortunate and unforeseen incidents from happening. We can only hope and trust that bicycle manufacturers are working hard at preventing problems with their products and doing their best to improve their product’s safety value. The most common defects seen in bicycle accidents include problems with bolts, screws, composite forks, aluminum frames, and similar components.

Making an Injury Claim After a Bicycle Accident

In the case that a person is seriously injured in a bicycle accident as a result of another driver’s carelessness or bike defect, it is crucial to contact a bicycle accident personal injury attorney immediately. All states have a statute of limi t ations that set forth how long a victim, or their family, has to file a personal injury claim. Once this time frame runs out, a victim can no longer lawfully sue for full and fair compensation.

A licensed Indiana personal injury lawyer can help victims of bicycle accidents obtain compensation for their damages, such as pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, lost wages, time of work, and much more. Licensed accident attorneys with extensive experience and knowledge will try to negotiate and settle out of court for their clients if possible. Be sure to choose a law firm that has your best interests at heart and in mind.

Were you recently injured in a wrongful bicycle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana personal injury lawyer you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Legal Facts About Shopping-Related Personal Injury Claims

Posted on May 17, 2022 by admin

When you plan an afternoon out to run errands or go shopping, you don’t usually portend any sort of danger. However, among all the personal injury claims made in the United States, shopping-related injuries are one of the most common. Accidents like slip and falls or orthopedic injuries are common shopping injuries that occur at a store due to store owner negligence. If you were recently injured on a shopping trip, it is important for you to understand the law so that you may best protect your rights to being compensated for your damages.

Continue reading to learn what you need to know about shopping- how to get started on learning your eligibility for pursuing legal action against a negligent property or store owner.

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Shopping Injuries and Accident Claims

Going over budget is not the only risk shoppers take when they visit a store. Shopping accidents are a common occurrence, and they happen under all sorts of different circumstances. In the case that a store owner was negligent by not taking the proper actions to maintain a safe premises or warn consumers of any potential hazards, an injured shopper could make an accident claim against them. Shoppers are not the only ones granted this civil right; workers, staff, and guests are also protected against such negligence.

Types of Shopping-Related Injuries

Shopping-related injuries describes a broad range of personal injuries that take place in a retail establishment, such as a mall or department store. These types of accidents increase in frequency during high shopping seasons, like Black Friday, Christmas, Labor Day sales events, and Memorial Day weekend sales.

One of the most common types of shopping-related personal injury accidents is slipping. Slip and fall accidents can cause serious muscular and orthopedic injuries, both of which can have long-lasting consequences. Neck, shoulder, hip, knee, and back injuries are common traumas suffered in a slip and fall accident, while more serious injuries include spinal injuries, head injuries, and broken bones. In the most serious of cases, shopping injuries can lead to wrongful deaths.

Slip, trip, and fall accidents are not the only type of shopping related accidents seen across the country. Additional types of shopping related injuries include crushing or blunt force trauma caused by a heavy falling/tipping object, or even trampling accidents caused by overcrowding. Shoppers are often injured in parking lot accidents as well due to poor lot design, poor lighting conditions, negligent maintenance, and failure to remove snow and ice.

Liability for Shopping Injuries to Consumers

So, when is a store owner responsible for a shopping accident that causes injury? The basis of all personal injury claims is proving negligence. Under premises liability law, a store owner has a legal duty of care to ensure that their premises is reasonably safe and free of any relatively foreseeable hazards. If a store owner fails to uphold this duty by not taking the proper actions to keep their premises safe or neglects to warn shoppers of a possible on-site hazard, they can be held accountable for the victim’s damages and losses.

To be successful in a personal injury claim, an injured shopper and their legal team would need to prove that:

▷ The store owner was (or should have been) aware of the hazardous condition.

▷ The store owner failed to provide routine inspections and maintenance on the premises.

▷ The shopper would not have been injured had the premises been free of hazardous conditions.

▷ The injuries suffered by the shopper were caused by the dangerous condition.

▷ The shopper suffered damages because of the accident.

Also, you should note that an entity leasing the property, as well as companies hired to manage and maintain the property can also be potential defendants in a slip and fall case.

Your Next Step as a Shopping Accident Victim in Indiana

It is important to retain professional legal counsel right after an accident has taken place. You could be entitled to compensation for your medical expenses, hospital bills, pain and suffering, lost paychecks from time off work, and much more. Be sure to choose a skilled personal injury law firm in Indiana for trusted legal advice regarding your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your shopping accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with an experienced premises liability personal injury attorney in Indianapolis, Indiana. We represent clients throughout the state and can hold meetings via phone, internet, or in person.

Key Legal Considerations for Parents of Children With Food Allergies

Posted on May 13, 2022 by admin

May is National Asthma and Allergy Awareness Month, and the 2^nd week of May is Food Allergy Awareness Week.

Parents with children who suffer from food allergies maintain a strict awareness of food allergy dangers every day of every month, living with the keen understanding of what it takes to protect their kids from serious reactions and anaphylactic shock. This month is a dedicated time to review the important facts surrounding the potential legal concerns that might result from your child having an attack, and to share your knowledge with friends, family members, caretakers, teachers, coaches, and more.

Continue below to learn more about Food Allergy Awareness Month, including some key legal considerations you should explore or prepare for if your child has serious or life-threatening food allergies.

Asthma and Food Allergy Awareness Month is celebrated in May.

Food Allergy Awareness and National Asthma and Allergy Awareness Month

We can give thanks to the Asthma and Allergy Foundation of America (AAFA) for declaring May as the National awareness month for both asthma and allergies. Their food allergy division, Kids With Food Allergies (KFA), reports that more than 6 million children suffer from food allergies, the most common allergens being peanuts, tree nuts, shellfish, fish, milk, eggs, wheat (gluten), sesame, and soy.

Parents Raising Children With Food Allergies

When your child suffers from serious or life-threatening food allergies, the concern for potential accidents never goes away. But with avid education, you can help your kid as well as their teachers, coaches, daycare staffers, and family better monitor and abate the risk of reaction when you are not around. However, accidents happen, and when they do, parents of children with food allergies may face certain legal matters.

Kids With Nut Allergies

Parents who have kids with nut allergies can protect themselves from a legal battle with schools or daycare centers by implementing risk-abatement strategies and routines. It is important to routinely remind the school, daycare, or activity center of your child’s food allergy, plus ensure they have a fixed anaphylaxis care plan in place and an EpiPen always available if something happens. It is recommended to review their allergy management policy with them to fill in any inadequacies.

Suing for Negligence in a Food Allergy Lawsuit

When a child suffers a serious allergic reaction to a food allergy, many parents want to know if they can sue the presumed responsible party. When it comes to food labels, the Food Allergen and Consumer Protection Act of 2004 mandates that all food manufacturers clearly label their products with a warning if they contain a major food allergen, like nuts or shellfish. Restaurants are typically good at scripting their menu items and warning if a food contains a major food allergen. But if a restaurant or food manufacturing company fails to uphold that duty of care, they could be held liable for the damages and losses suffered as a result of a serious or fatal allergic reaction.

In 2008, the legal definition of disability was broadened to include those who suffer from serious food allergies. Thanks to the Americans with Disabilities Act (ADA), discrimination against disabled individuals is illegal. If a school, daycare, or activity center refuses to accommodate or disregards your child’s food allergies, they could be in violation of this Act, thus subjecting them to civil litigation.

Was your child serious injured after experiencing a severe allergic reaction at the hands of another caregiver or authority? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned child injury attorney in Indianapolis, Indiana. We represent clients throughout the state of Indiana.