What to Do After Being Injured in an Industrial Accident in Indiana

Posted on September 10, 2021 by admin

In cities across the country, we graciously express thanks to our industrial workers for laying the foundation of our local economies. The industrial labor industry, although essential in many ways, is a dangerous one for those employed within its various trades and productions. As an injured industrial worker in Indiana, it is vital that you learn your rights regarding the collection of compensation for your damages and losses incurred because of your industrial accident.

Continue reading to learn what to do after being injured in an industrial accident Indiana so that you may protect your rights and preserve your quality of life.

Industrial Accident Workplace Injury Lawyers Indiana 317-881-2700

Help for Victims of Indiana Industrial Accidents

Whether you work on the engineering, manufacturing, or business side of the industrial industry, accidents can happen all around you. From slips, trips, and falls to amputations, orthopedic injuries, burn injuries, and more, the scope of possible industrial accidents are wide-ranging.

Regardless of how you are injured in your industrial accident, if your accident occurred as a result of another’s negligence or recklessness, you may be entitled to a settlement for your damages and losses.

Common damages losses that victims typically suffer after an industrial accident in Indiana include hospital bills, medical expenses, lost wages for missing work, pain-and-suffering, mental anguish, permanent disfigurement, permanent disability, loss of companionship, and even wrongful death.

Industrial Accidents Commonly Involve:

▷ Factories
▷ Construction Sites
▷ Warehouses
▷ Drilling Rigs
▷ Mines
▷ Processing Plants
▷ Refineries
▷ Grain Mills
▷ Paper Mills

How to Obtain a Successful Outcome to Your Workers’ Compensation Claim and/or Third Party Claim

When a person is injured while working, they obviously would have a worker compensation claim that they can make through their employer’s worker compensation insurance carrier. Worker compensation claims have set limits on what amount of money an injured person may recover however. In a worker compensation claim, an injured person also cannot recover damages for pain and suffering. In addition, in a worker compensation claim, the worker does not need to prove anyone was negligent. They need only prove they were injured in the course and scope of their employment.

When a person is injured while working, they may also have a third party claim in addition to the worker compensation claim they can make. A third party claim exists when the injury to the worker occurs as the result of negligence of a person who is not also a direct co-employee of the injured worker. For example, if two companies are working at a job site and while working putting together scaffolding a worker from one company is injured by an employee of another company who backs up a forklift into the person putting the scaffolding together, the forklift operator’s employer could be held liable for all damages, including pain and suffering damages that are not compensable in the worker compensation claim. Any judgement against the forklift operator’s employer would be paid by their liability insurance carrier.

The most effective tool you can equip yourself with when pursuing legal action against a wrongful party that caused your injuries is an Indiana workplace injury lawyer. They retain the proper resources, knowledge, and experience to navigate your personal injury case from start to finish, ensuring that you obtain the maximum settlement or verdict for your Indiana industrial accident claim.

Industrial Accident Claim Representation in Indiana

Here at the Law Office of Craven, Hoover, and Blazek P.C., we have represented numerous clients catastrophically injured on the job throughout the state of Indiana. Not only can we help victims obtain financial relief in the form of a verdict or settlement, but we can also support clients in obtaining proper medical treatment and counseling.

We fight for our clients’ rights to compensation for past, current, and future losses, including loss of ability to work performed the same work duties before the accident occurred, as well as partial, temporary, and total disability benefits. Choose our Indiana industrial accident lawyers for superior and aggressive-when-needed personal injury representation for your workers’ compensation claim.

We also fight for clients’ rights to compensation for pain and suffering and all other damages if there is a third party claim in addition to a worker compensation claim that can be made.

Are you ready to learn your best options for obtaining compensation after being catastrophically injured in an industrial accident? Contact us at 317-881-2700 to schedule a free personal injury case evaluation with an Indiana workers’ compensation lawyer soon. Act fast, before time runs out on your claim and significant evidence is lost.

You Should Also Read:

Who is Liable for Independent Contractor Commercial Construction Injuries?
Where to Learn About Employers’ Responsibilities and Workers’ Rights
Can I File a Third Party Claim On Top of a Workers’ Compensation Claim?

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

Facts About Indiana Wrongful Death Court Procedures

Posted on August 17, 2021 by admin

Here in the Hoosier State, when a person or entity’s (store, manufacturer, company, etc.) negligence causes someone to lose their life, relatives or legal representatives of the victim may have grounds to bring about a wrongful death claim against the negligent party. For example, if a child wanders off and drowns in a nearby pond while under the supervision of a daycare agency, the parents or guardians of the child may file a wrongful death claim against the daycare provider.

Continue below to learn more about Indiana wrongful death court procedures and how to get started on your personal injury claim today.

Wrongful Death Lawyers Indianapolis IN 317-881-2700

Wrongful Death Cases in Indiana

When a person is wrongfully killed in an accident, nothing can take away the pain and suffering of those closest to the victim. But by obtaining a settlement in the form of compensation, it can make the grieving process easier and help families get their life back to a new normal. Indiana tort law allows a wrongful death victim’s family to seek compensation for damages and losses like medical expenses, hospital bills, lost wages from missing work, pain and suffering, loss of consorti u m, emotional trauma, and more. It is important to consult with a seasoned Indiana personal injury lawyer to learn more about pursuing a wrongful death claim on behalf of your loved one.

Who Can File a Wrongful Death Claim?

Those who may serve as the plaintiff in an Indiana wrongful death claim include parents, legal guardians, next of kin, legal representatives of the deceased, or the estate of the deceased. Claims for the wrongful deaths of children can only be brought about by parents or legal guardians. If a wrongful death victim had many beneficiaries, the Indiana courts will adjudicate the division of the any awarded settlement or verdict. Contact an Indianapolis accident lawyer to better understand your eligibility or rights to recovering compensation through an Indiana wrongful death claim.

Learn More Now Before Time Runs Out

Indiana sets a strict statute of limitations of 2 years on wrongful death personal injury claims. For this reason, it is vital to consult with an experienced wrongful death lawyer as soon as possible, before evidence is lost, and time runs out on your claim. If you do not file a claim within the State’s allotted 2-year time period, you forever lose all opportunity to do so, even if there is still an ongoing criminal case regarding the accident that led to the wrongful death.

If you or a loved one has lost someone as a result of another’s negligence, act now to obtain justice for them. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a compassionate wrongful death lawyer in Indianapolis, Indiana. We represent people involving the unlawful death of a loved one in Indiana and for Hoosiers injured in other states.

You Should Also Read:

Is There Still Time to File My Indiana Personal Injury Claim?
What are Future Damages in a Wrongful Death Case?
Common Types of Wrongful Death Lawsuits

Can I Sue an Airline if I Am Injured on the Plane?

Posted on July 6, 2021 by admin

It is a well-known fact that traveling via airplane is statistically safer compared to traveling via car, bus, train, or any other kind of grounded motorized vehicle; however, accidents and injuries on airplanes still happen. Aside from an airplane crash, which often results in a significant number of fatalities, other types of accidents can happen on an airplane. If you are injured on an airplane, do you have the right to sue the airline in order to recover compensation for your damages and losses, such as hospital bills, medical expenses and pain and suffering?

Continue reading to learn what you need to know about common carrier lawsuits, specifically your rights to sue and airline after being injured on the plane.

Airplane Injury Lawyers Indiana 317-881-2700

Common Carrier Airplane Accidents

An airplane is a common carrier. The term “common carrier” refers to any entity that provides transportation services for the public. In the case of an accident, common carriers are held to a more stringent duty of care in comparison to private carriers. So, when common carrier accidents do occur, such cases are usually taken very seriously and investigated thoroughly.

There are many ways a person can be injured in an airplane. Sprained ankles, broken bones, slip and falls, head injuries, and even assault are common injuries that result from accidents that occur on an airplane.

Common Carrier Liability

Regulatory bodies that set standards for safety and other types of concerns are the authorities that govern common carriers. For example, the governing regulatory body for commercial airlines is the Federal Aviation Administration (FFA). In terms of safety, these standards obligate common carriers to utilize the highest degree of diligence and care for the sake of their passengers and cargoes. And when common carriers fail to adhere to such regulations, they can be held legally responsible for any damages and losses suffered by those affected by their negligence.

What does all this mean? Well, an airline has a duty of care to ensure that the passengers are safe from all foreseeable hazards. For instance, an airline must ensure that their pilots are fully trained and knowledgeable of all instruments and procedures on the particular planes will be operating, the airline staff has a duty of care to ensure that there is a clear and safe path way from their seats to the bathroom, that overhead bins are not overloaded with luggage that can fall on top of passengers and cause head injuries, and that all weather reports have been extensively scrutinized in order to ensure safe journey to the ultimate destination.

In the cases of what the law calls “acts of God”, like natural disasters and unforeseeable types of turbulence, it is quite difficult to recover settlement and accident case. In such cases, airlines are usually protected against being sued, but every case is fact dependent.

Other Possible Liable Parties

Aside from the actual airline, there are other possible responsible parties in an on-flight airplane accident. Such parties depend on the cause of the accident. For instance, the aircraft repair company can be held responsible for negligently maintaining or repairing the aircraft, while also manufacturers and sellers of aircraft parts can be held responsible if some sort of negligence occurred on their behalf. Even passengers can be held responsible for an on-flight airplane accident, such as in the case of assault.

What You Need to Do as a Victim of an Airplane Accident or Injury

If you are injured on an airplane, it is important that you learn your rights to pursuing legal action against the airline or other possible parties so that you may obtain the monetary relief you deserve to cover all of your pain and suffering, lost wages, and all medical bills resulting from your injuries. As an airline accident victim, the best way to learn your rights after an on- flight airplane accident is to consult with a seasoned Indianapolis Indiana personal injury attorney. We have the knowledge, experience, and resources to determine the strength of your case and to properly document and prove your damages and losses.

Are you ready to learn more about your rights after being injured on an airplane? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a skilled and experienced personal injury lawyer in Indianapolis Indiana. We can conduct consultations for free, over the phone, via video conference, or in person at our office. We represent injured persons and dependents following the wrongful death of a loved one throughout the state of Indiana and for Indiana residents injured throughout the world.

You Should Also Read:

What is a Class Action Lawsuit?
Steps to Take After Being Injured in a Ride Share Accident
Facts About Indiana Bus Accident Law

Common Damages Awarded for Traumatic Brain Injury Accidents

Posted on May 25, 2021 by admin

One of the most devastating and disastrous personal injuries a wrongly injured victim can suffer is a traumatic brain injury. Such injuries, also called TBI’s, are often life-threatening, but when they do not end up fatal, they can still leave a victim with long-term or permanent damage to the brain. Unfortunately, accidents that lead to severe brain damages are more prevalent than you can imagine. According to the US Centers for Disease Control and Prevention (CDC), more than 2 and half million people fall victim to a serious brain injury every single year.

If you are your immediate loved one was wrongfully injured in an accident that cause a traumatic brain injury, you are owed compensation for all of your damages and losses. Continue reading to learn what those might be, and how to find the right representation for a TBI accident claim in Indiana.

Indianapolis IN Brain Injury Lawyer 317-881-2700

Traumatic Brain Injuries (TBI’s)

A TBI is any type of serious injury to the brain. Often times, they are caused by a significant jolt or blunt force trauma. The most common causes for traumatic brain injuries are motor vehicle accidents, construction site accidents, slip and fall accidents, assault, pedestrian and cyclist accidents, and motorcycle accidents.

The resulting damages and effects of a traumatic brain injury vary on a wide spectrum. Such factors that influence the aftermath of a TBI include the type of injury, severity of injury, area of the brain injured, and much more. Some victims develop short-term symptoms, such as a mild concussion, while others live with symptoms and losses for the rest of their lives, such as motor skill issues.

Common short-term and immediate medical consequences of a TBI include migraines, headaches, dizziness, nausea, trouble focusing, blurred vision, and fatigue. Common long-term or life-long medical consequences often include permanent brain damage, loss of motor skills or control, behavioral changes or mood dysfunctions, and several other types of cognitive disorders.

Making a Traumatic Brain Injury Claim

Traumatic brain injuries do not just go away over time. The resulting damages from a TBI are usually life-long, and/or require extensive, on-going rehabilitation and treatment. For this reason, the law provides legal relief in the form of compensation for those who were injured by a negligent party and suffered serious brain damages as a result.

In order to learn your rights and eligibility for pursing legal action against the wrongful party who injured you or your loved one, you will need to find a skilled and experienced personal injury attorney in Indianapolis, Indiana. They have the knowledge and resources to recover the full and fair settlement or social security disability verdict you deserve.

Common Damages Awarded to TBI Victims:

▷ Hospital and Medical Bills
▷ Pain and Suffering
▷ Mental and Emotional Anguish
▷ Diminished Quality of Life
▷ Income Loss
▷ Loss of Ability to Perform Same Work Duties
▷ Loss of Ability to Work, Drive, Etc.

Wrongful Death After Brain Injury

In the case that your loved one lost their life as a result of a serious head or brain injury, an accident lawyer can navigate a wrongful death lawsuit so that you can obtain compensation for losses such as household bills, medical expenses, funeral arrangement expenses, burial expenses, lost wages, lost benefits, loss of consortium, and much more.

Have you or a loved one recently suffered a TBI in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned brain injury lawyer in Indianapolis, Indiana. Schedule a free initial case evaluation, today. We serve clients all throughout the state.

You Should Also Read:

What are Future Damages in a Wrongful Death Case?
Facts About Traumatic Brain Injuries and Accident Claims
What To Do After Sustaining a Serious Head Injury

Facts About Lost Wages in a Personal Injury Claim

Posted on May 14, 2021 by admin

There are many types of damages and losses a personal injury victim can incur as a result of their accident and subsequent injuries. But one of the most common types of losses experienced by accident survivors is lost wages. When a person is seriously injured, they often lose time at work due to frequent hospital or doctors’ visits, or miss work entirely because they are unable to perform their work duties. Without a steady paycheck, accident victims then go on to suffer other types of financial losses, such as house bills and car payments.

For this reason and more, it is important for wrongfully injured victims to recover the full and fair compensation they rightfully deserve, including damages for lost wages. A personal injury lawyer can help you obtain the maximum settlement or verdict for your accident claim if you lost past, current, or future earnings as a result of another’s negligence.

Continue below to learn more about lost wages, including how to prove them in a personal injury case and where to find skilled personal injury representation near you.

Indianapolis IN Personal Injury Law Firm 317-881-2700

Recovery After an Accident

Because injuries vary so greatly, so does the spectrum of recovery times. One person might recover within a few weeks, and able to return to work while they finish healing, while another person might spend years in recovery. Some personal injury victims never fully recover and lose their ability to work altogether. In all cases and scenarios, wrongfully injured victims deserve to be compensated for their lost income, as well as a wide range of additional damages, such as medical expenses, hospital bills, pain and suffering, mental and emotional anguish, permanent or partial disability, and much more as it pertains to the case.

Types of Lost Wages and Proving Them

There are various types of earnings a personal injury victim can lose out on, whether the victim is the actual injured person or a spouse or family member. The most common types of lost wages awarded in personal injury cases include hourly wages, overtime, sick leave, vacation days, bonuses, company perks, and benefits (i.e. insurance, social security, pension, etc.).

With so many kinds of wages paid to injured workers, it is necessary to prove such incomes with concrete evidence. The most common pieces of evidence used to prove a victim’s lost wages include pay stubs, tax documents, W2’s, a letter from the employer verifying a worker’s wages, a doctor’s note stating an employee cannot work, medical records, expert testimony, and basic data about their work schedule and weekly hours. If a victim is self-employed, their business’s banking records would be presented.

Future Lost Wages

Not only can personal injury victims possibly collect compensation for past and current lost wages, but they may also qualify to collect compensation for future lost earnings as well. This type of personal injury claim is referred to as a loss of potential to earn, and is often awarded in personal injury cases when a victim’s injuries are sustaining, rendering them unable to work for the foreseeable future. They are compensated for all projected future earnings, including pay raises, promotions, bonuses, overtime, and benefits.

Do you want to learn your eligibility for collecting compensation for lost wages after being wrongfully injured in an accident? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned personal injury lawyer in Indianapolis, Indiana.

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Is it Expensive to Hire an Accident Attorney?

Posted on March 16, 2021 by admin

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 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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Facts About Secondary Liability and Indirect Infringement

Posted on December 11, 2020 by admin

If you have recently become involved in a personal injury lawsuit, one of the most fundamental aspects of your case will be the question of liability. Although it can be quite simple establishing liability in a straightforward accident claim, such as a drunk driver crossing onto a sidewalk and hitting a pedestrian, there are some claims that involve different kinds of liability, like vicarious and contributory liability. This can make it more of a challenge identifying who is at fault for an accident. As an accident victim, you might not realize who might be liable for your damages.

Continue reading to learn more about vicarious and contributory liabilities, and how to get started on your Indiana accident claim.

Indiana Personal Injury Lawyers 317-881-2700

Secondary Liability is the Same as Indirect Infringement

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability, and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and more, but these cases are generally infrequent and more complex. The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in civil courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement.

Vicarious Liability Law Basics

You will find vicarious liability within the respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability lawsuit would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents could be held legally accountable for their child’s actions, as well as the victim’s damages, under negligent supervision laws. In such a case, the parents home owner’ liability insurance company could contractually be obligated to pay any verdict against the parents, up to the insurance policy limits.

Contributory Liability

Contributory liability holds a third party legally responsible for another’s actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can possibly be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun might be held legally responsible for the infringements involving the gun under contributory liability, depending upon the specific facts of the case.

Where to Get Legal Advice for Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights to full and fair compensation after suffering damages as a result of a personal injury accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in personal injury law, and can obtain the maximum settlement for your claim. It is important to act fast after being injured in an accident, because the sooner you act, the more likely you are to win your claim and recover compensation for your damages as critical evidence will need to be obtained. Schedule a free initial consultation, over the phone, online, or in person at our Indianapolis personal injury office.

Facts About Traumatic Brain Injuries and Accident Claims

Posted on October 14, 2019 by admin

Traumatic brain injury, also known as a TBI, can have devastating and permanent effects on a victim, and their immediate families. If you were recently injured in an accident that involved injury to your head, neck, spine, or brain, it is vital that you seek medical attention right away, followed by experienced legal guidance. You could be entitled to compensation for your damages and losses, such as hospital bills, medical expenses, lost wages, and much more.

Continue reading to learn some basic facts regarding traumatic brain injuries, as well as, the recommended legal recourse for anyone who has been wrongly, negligently, or willfully injured by another party.

Indiana Brain Injury Attorneys 317-881-2700

Trauma to the Brain

Traumatic brain injury (TBI) occurs when the brain is damaged as a result of sudden, impact to the head or sudden changes in velocity to a person’s head where the brain can hit the inside of the skull. When the brain is injured in this way, it can lead to irreversible physical damage, as well as mental and emotional damages. The onset of TBI symptoms can appear immediately, or develop slowly overtime. Common signs and symptoms of traumatic brain damage includes severe headaches, migraines, seizures, vomiting, blurry vision, memory loss, sensitivity to light, paralysis and changes in personality.

TBI Statistics

According to the National Institutes of Health, approximately 50 percent of traumatic brain injuries result from car accidents. One common car accident injury that has been linked to traumatic brain damage is whiplash. Whiplash is the result of a sudden distortion of the neck, usually following some sort of impact. In the case of a car accident, the impact of a vehicle colliding into another vehicle is an event that could result in whiplash, and ultimately, a TBI. Construction site accidents, slip and falls, and deliberate assaults are other potential causes of a TBI.

Traumatic Brain Injury Claims

If you or someone you love is experiencing symptoms of a TBI, seek medical care immediately. Your health and safety are your number one priority. If you or someone you love was injured as a result of another’s negligence, your next priority should be to protect your rights to compensation for your subsequent damages and losses. To do so, contact a seasoned personal injury attorney to schedule a confidential consultation to discuss your case and the best course of action for your claim. While recovering medically from a TBI, a personal injury lawyer can represent your interests to ensure you are paid the full and fair compensation you deserve.

Indiana Brain Injury Lawyers

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential Indiana brain injury claim with a licensed accident attorney you can trust. Our law firm offers free initial consultations and never collects lawyer fees unless we recover a settlement or judgment for you. Get started on your path to financial recovery with a simple phone call to our Indianapolis brain injury lawyers, today. We represent clients throughout the State of Indiana.

Common Examples of Negligent Supervision of Employees

Posted on October 1, 2019 by admin

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

Negligent Supervision Lawyer 317-881-2700

Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

Who’s Liable for a Drowning Accident in a Private Swimming Pool?

Posted on August 19, 2019 by admin

Having a swimming pool on your property is a terrific luxury, but it also comes with a great deal of responsibility. Aside from regular maintenance and cleaning, pools encompass a wide scope of legal responsibilities as well. Not only is it important to understand your legal liability in owning a private swimming pool, it is also important to do what it takes to protect yourself from such liability.

If you do not take the proper precautions to ensure accidental drowning and other swimming pool-related accidents do not take place on your property, you could be held legally responsible for all subsequent damages and losses suffered by the victim and their family. Continue reading to learn what you need to know about swimming pool safety and liability.

Indianapolis Personal Injury Attorneys 317-881-2700

Swimming Pool Laws

There are laws set forth in every state governing both private and public swimming pools, from simple permit and license regulations, to zoning laws, construction, and more. These laws differ among each state, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, there are several laws regarding swimming pools. For instance, pools must be at least 10 feet away from any other building or house, and must remain in the side or back yard of a private residence.

Swimming Pool Accidents and Liability

Common swimming pool accidents than an owner would be held liable for include drowning, orthopedic injuries, slip and fall accidents, concussions, and even electrocution accidents. Here in Indiana, the owner of a private swimming pool is the party liable for any accidents that happen on their property, whether they are present and supervising the use of the pool at the time of the incident or not. Not only must a swimming pool owner take the proper precautions to ensure accidents do not take place on their property while they are home, they must also protect the possibility of trespassers or those who use their pool without permission.

You see, a pool owner might also be found liable for an accident in their swimming pool if they did not take the proper actions to lock their pool up from the outside public. In the case that a group of kids use a private swimming pool, and someone drowns, the owner could be held liable if the gate was not locked, even though they did not give the kids permission to use their pool. In fact, a similar situation could also fall under attractive nuisance laws, which hold an owner liable in the case that their pool is visible to the public and has features that attract trespassers, such as twisting slides, giant figurines, or cascading waterfalls. This also includes pools with easy-access or within public view.

For these reasons, most states have ordinances that require pool owners to install fencing around their property. Posting a sign is not usually enough to evade liability in a swimming pool accident, so pool owners should take other precautions as well, such as:

☑ Having high fences that lock from within;
☑ Monitoring alcohol consumption among guests;
☑ Supervising kids and minors at all times;
☑ Installing motion sensing lighting outside;
☑ Installing video surveillance;
☑ Adhering to all state and federal laws governing private pools;

How to Make a Swimming Pool Accident Claim

If you are a victim of a swimming pool accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging any upfront fees. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.