To Sue or Not to Sue for a Personal Injury?

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.

Accident Lawyer Indianapolis Indiana 317-881-2700
Accident Lawyer Indianapolis Indiana 317-881-2700

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.

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Understanding Onset of Injuries After a Car Accident

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.

Auto Accident Attorneys Indianapolis Indiana 317-881-2700
Auto Accident Attorneys Indianapolis Indiana 317-881-2700

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.

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Facts About Confirming Fault in a Motorcycle Accident

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 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.

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What You Can Expect From the Personal Injury Lawsuit Process

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.

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

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.

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4 Reasons Why You Should Not Represent Yourself in a Personal Injury Case

There is an old English proverb that is particularly relevant to this topic:  “A man who is his own lawyer has a fool for a client.”

Although you certainly have the law-given right to represent yourself in a personal injury lawsuit, it is not the encouraged option for claimants. Continue below to learn 4 critical reasons why, plus what legal recourse you should take to ensure you are awarded the maximum settlement for your damages and losses.

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

Personal Injury Self-Representation is Not a Good Idea

It is understandable that some accident victims ponder the idea of self-representation since civil litigants do not have a constitutional right to legal representation like criminal defendants do. But most personal injury law firms work on contingency, which means accident victims needn’t worry about affording a lawyer. Under a contingency-fee arrangement, clients do not pay any upfront costs or fees. They only pay after the law firm has obtained a settlement or verdict for them. If the law firm is unable to obtain a settlement for a client, the client owes nothing.

Some people consider representing themselves because they think they can be successful. However, there are many elements and aspects of a personal injury case that require astute and knowledgeable understanding of the law in order to maximize an accident settlement. In fact, this is the first reason why you should not choose to represent yourself in a personal injury lawsuit.

4 Risks You Take When You Choose to Represent Yourself

Complexities of the Legal System

If you plan to represent yourself, understand that the courts will strictly hold you to all related duties. You will be expected to know and understand all rules regarding evidence and civil procedures, plus identify the principal legal matter and raise all arguments. They will also expect you to know about and file all necessary paperwork within their differentiating deadlines. Failure to do so can end a case.

These legal processes are complicated, even for someone with a basic understanding of the court system. A personal injury lawyer is the best resource for obtaining the most money possible for your damages because they are specialized in tort law and have an acute knowledge of the law and courts.

Instant Legal Expenses

As soon as you begin on your personal injury case, the legal expenses will immediately begin to accrue. Clients of personal injury lawyers who operate on contingency are often covered by the law firm in terms of any required upfront legal costs. Clients pay for all legal expenses when their attorneys obtain a settlement for them. Oppositely, anyone representing themselves will be forced to pay their own legal costs from start to finish, which may include court costs, filing fees, copying fees, serving pleadings, depositions, hearing transcribing, expert testimony costs, investigatory costs, and more.

Less Compensation

It is very difficult for the average personal injury claimant to gain the full value of their case when representing themselves. Attempting to do so would certainly pose all sorts of challenges. Not only do personal injury lawyers know how to negotiate with insurance companies, especially since they are acutely trained to dodge the common tactics used by insurance companies to lower the value of a claimant’s case, but they know how to accurately evaluate your claim’s full worth.

Complicated Lien Resolution

For most personal injury cases, an awarded settlement means that at least one healthcare lien must be resolved with a government healthcare program or private insurer, typically Medicaid or Medicare, but sometimes the Veterans’ Administration. This process of lien resolution for personal injury settlements requires seasoned legal knowledge and training. Self-representing personal injury claimants often find themselves stuck in regulatory traps and red-tape mazes. 

Do you still need more convincing that a personal injury law firm is the right choice for your accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. You can speak directly with a trusted and experienced Indianapolis IN accident attorney over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

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What is a Full Liability Release?

In the days or weeks following an injurious car accident that was not your fault, you may be confronted with a full liability release form from the at-fault party’s insurance company. Should you sign this form? What will happen if you do? Will it affect your settlement? These are all wise inquiries to ask yourself before approving a release of all claims. After all, as a victim of a car accident, you deserve the maximum settlement for your auto accident damages.

Continue reading to learn what you need to know about car accident full liability releases, including who to trust for legal advice regarding your accident case in Indiana.

Car Accident Law Firm Indianapolis Indiana 317-881-2700
Car Accident Law Firm Indianapolis Indiana 317-881-2700

Full Liability Releases

A full liability release tends to come into play after a car accident victim receives a settlement offer from the opposing insurance company. Before the insurance company sends a check for the settlement amount, they may insist that the claimant sign a full liability release, also known as a “waiver liability” form, “hold harmless agreement”, or a “release of all claims” form. The request is not usually a surprise, but rather, included in the settlement agreement.

The document’s purpose is to show that both parties agree to resolve their dispute and end all claims. It is significant because it releases the opposing party, both driver and insurance company, from all liability moving forward, including not being subjected to additional damage claims. Once a claimant accepts and signs a full liability release, the opposing party is no longer responsible for compensating them for any future damages resulting from the car accident.

Key Elements of a Waiver Liability Form

A waiver liability form should contain all related information regarding the claim, including all relevant laws pertaining to the case, official identification of all involved parties, full details of the auto accident, the types of claims being released (bodily injury, property, etc.), and payment agreement details. 

A typical excerpt within such forms might include something similar to, “The undersigned hereby assumes all risk of injury or harm as a result of the activities specified above and agrees to release, indemnify, defend, and forever discharge the releasee from all liability, claims, demands, damages, costs, expenses, and causes of action due to death, injury, loss, or damage to the undersigned.”

Should You Sign a Release of All Claims Form?  Answer: Not Without Talking to an Attorney First.

You should never sign a release of all claims form too soon. Once you sign the claim, you lose your right to pursue compensation for any future-arising damages that resulted from your car accident. Before signing a waiver liability form, it is important to complete all medical treatment. This is sometimes referred to as maximum medical improvement (MMI).

More importantly, right after your accident, it is critical to hire an experienced Indiana car accident attorney for help navigating your claim. They will fight for your rights to full and fair compensation, including past, current, and future damages. With their assistance, you will know that the right decisions are being made, and in the best interest of your quality of life.

Were you recently injured in a negligent car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with a skilled auto accident lawyer in Indianapolis, IN. We represent clients all throughout the state, and there is no need to travel. We can hold case evaluations via phone or online video conference.

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What to Do if Your Boss Does Not Want to Report Your Workplace Injury

Workers’ compensation injury claims in Indiana involve several complex laws and legal jargon that can quickly confuse anyone who does not retain a basic understanding of both worker compensation laws and tort law. However, if you are a recent workplace injury victim, you can be clear on one fact: getting hurt on the job means you do get medical treatment and you do get compensation. Although Indiana employers are legally required to maintain adequate worker’s compensation insurance, sometimes a boss can be hesitant about reporting a workplace injury; some might even flat-out refuse. If your employer is refusing to report your workplace injury, reinforce yourself with the right facts, starting right now.

Continue reading to learn what to do if your boss does not want to report your workplace injury, plus who to contact for worker’s compensation injury claim advice and representation in Indiana.

Workers' Compensation Law Firm Indianapolis Indiana 317-881-2700
Workers’ Compensation Law Firm Indianapolis Indiana 317-881-2700

Your Responsibilities as an Injury Worker in Indiana

When you are injured on the job, you are protected under law in terms of receiving benefits like medical treatment and compensation. However, you still have certain responsibilities to uphold yourself if you want to be eligible for worker’s compensation benefits.

First, do not assume that your employer is aware of your accident and injury. If you fell off of a 10-foot scaffold and had to be transported to the hospital via ambulance, it is likely that your boss would know about it. But no matter how obvious and dramatic your accident is at work, never presume that your employer knows and intends to report it.

Even if your injuries are minor, it is important to report the accident. Although you’re probably not going to report paper cut or a stubbed toe, seemingly innocuous incidents like bumping your head or taking a tumble over some scattered construction scrap can lead to injuries that appear later on. If you wait too long to report your injury because you don’t think you’re hurt, it will make it more difficult to prove your workers’ compensation benefits claim. Always report an accident that causes injury right away, so that you can at least have it documented on a timeline.

Your Employer’s Responsibilities

Employers are required by law to report most injuries to workers on the job site. Simply put, if your boss doesn’t report your workplace injury, they are breaking the law. Not only is your employer required by law to report your injury, but they are required to report it within a certain amount of time. As soon as you notify your boss that you have been her on the job, they should file a DWC-1 form with the state’s workers’ compensation board called a First Report of Injury. Most states give employers 30 days to file this form, however there are some states that only give employers one week.

When Your Boss Refuses to File a Work Injury Report

Workers’ compensation insurance works very similar to automotive insurance in that, the more claims you file, the higher your premiums are. Employers can sometimes be hesitant to report workplace injuries to the state board because they selfishly don’t want their policy rates to increase. Other times, employers refuse to file a work injury reports because they believe that the employee is lying about being hurt or they don’t think the injury is serious enough to warrant a formal report. Either way, it is their legal duty to report the injury as soon as you notify them, no matter how they feel about the situation.

✘ DO NOT USE YOUR PRIVATE INSURANCE FOR WORK INJURIES

Did your employer ask you to use your private health insurance for your workplace injury, medical treatment? Do not do this under any circumstances! When you see your doctor, explain to them that you were injured on the job while performing work-related duties. Get this on record as soon as possible to protect your rights to workers compensation benefits.  Your employer’s worker compensation carrier usually gets to control what doctors you see.

✘ DO NOT ACCEPT PAYMENT FROM YOUR BOSS

Did your employer offer to pay you under the table for your medical treatment? Do not accept it! It is very possible that your workplace injuries can persist for quite some time, which would entitle you to compensation for past, current, and future damages. Accepting payment under the table is risky because you don’t know when the money will stop coming your way. It might also revoke your right to pursue workers’ compensation benefits.

Are you looking for an Indiana personal injury law firm that specializes in workers compensation cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced workers’ compensation lawyer in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

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Types of Income Covered By Lost Wages Benefits

When a victim is wrongly hurt in an accident, it is common for them to miss weeks and months of work while recovering from their injuries. Sometimes, victims cannot go back to work at all if the injury is permanent and severe. While out of work, injured victims lose out on their regular earnings. These missed earnings are referred to as lost wages in a personal injury claim. Lost wages are one of the more common types of personal injury damages available for injured victims to recover.

Continue reading to learn which types of income are generally covered by lost wages benefits, plus where to schedule a free personal injury case evaluation in Indianapolis, Indiana.

Indianapolis Indiana Injury Lawyers 317-881-2700
Indianapolis Indiana Injury Lawyers 317-881-2700

Personal Injury Coverage for Lost Wages

Lost wages refer to the missed earnings that are involuntarily forfeited by an employee who was injured in a negligent accident. After being injured in an accident that was not their fault, an injured victim is legally entitled to a financial recovery for their resulting damages and losses, including missed pay from missing work.

Most people assume that lost wages only cover missed paychecks, when in fact, they can cover a lot more. Lost wages can include all sorts of income and benefits, from salary and hourly pay to tips, bonuses, job perks, and more. The extent of compensation awarded for lost wages in a personal injury case depends on how long the injured victim is forced to miss work due to their injuries.

Once an injured victim reaches maximum medical improvement (MMI), they can usually go back to work to the best of their ability. In the case of an injured victim suffering temporary, partial, or permanent disabilities that prevent them from performing the same duties as before, there are benefits that are available under Indiana worker compensation laws and third-party laws for this type of loss as well.

Examples of Lost Wages That May Be Awarded in a Personal Injury Case:

Hourly Pay
Salary
Commission
Tips
Overtime
Sick Leave
Vacation Days
Bonuses
Promotions
Job Perks

Returning to Work at a Lower Pay

Sometimes an injured victim can return to work after an accident, but not in their full capacity. In such cases, an employee comes back to work, but in a different role and at a lower pay. This type of earning loss may also be covered by personal injury lost wage benefits. In other cases, an injured victim cannot return to work to the same capacity ever again. In personal injury cases, this circumstance is known as loss of earnings potential. Those who qualify may be awarded future lost wages.

Evidence of Wage Related Losses

In a personal injury case, the claimant and their legal team holds the burden of proving lost wages. Fortunately, this is not usually a challenge, especially for particularly skilled and experienced Indiana civil litigators. Common types of evidence used to prove lost wages in a personal injury case include recent pay stubs, W2’s, bank records, medical records, tax return statements, expert testimony, a letter from the doctor stating a patient cannot return to work, and even a simple wage verification letter from the employer.

Are you wondering how you can recover damages for missing work after being wrongfully injured in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled Indianapolis IN personal injury lawyer. We represent injured persons throughout the state.

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Who Takes the Blame for a Chain Reaction Car Accident?

One of the most fundamental elements of an auto accident claim is determining liability. In most car accident cases, the at-fault party is fairly easy to point out. In such cases, the driver to blame for an accident would be responsible for the other driver’s resulting damages, such as auto repairs, medical expenses and pain and suffering. The at-fault driver’s insurance carrier would have to pay for the damages the at-fault driver caused.

But when a car accident starts with one driver and continues down a line of other drivers in a chain reaction, who would be liable then? Would each driver that comes into contact with the vehicle in front of them be held liable? What if the driver in the back started the damaging domino effect?

Well, there is no straight answer really. These kinds of auto accidents can become complex, and therefore, require the guidance of a seasoned accident attorney. In the meantime, continue below to review some basic facts about chain reaction car accidents and liability, plus information on how to move forward with an Indiana auto accident injury claim.

Auto Accident Lawyers Indianapolis Indiana 317-881-2700
Auto Accident Lawyers Indianapolis Indiana 317-881-2700

Chain Reaction Auto Collisions

Domino-effect car collisions usually happen from the back and impact cars in the front. Imagine two cars are parked at a stop light and a drunk driver or inattentive driver approaching the light does not stop, or is unable to stop in time, thus colliding into the back of the second car in line, which causes that driver’s car to rear end the first car in line.

When the sudden and unexpected impact coming from the rear of a vehicle is so strong that it causes the vehicle to jerk forward and hit the vehicle in front of them, bodily injury sometimes occurs to everyone involved, including passengers. The most common types of injuries that result from chain reaction car accidents include whiplash, neck injuries, back injuries, hip injuries, spinal injuries, child injuries, concussions, and orthopedic injuries.

Assigning Liability in a Domino Effect Car Accident

When a person is wrongfully injured in a chain reaction car accident, they deserve justice in the form of compensation regardless of how many drivers were involved. Although such cases are sometimes challenging, it is possible for injured victims to recover damages with the help of a seasoned auto accident lawyer in Indiana.

As for assigning liability in a chain reaction car accident or pileup, Indiana uses a lengthy investigatory process to examine the details of the accident and each driver’s contribution. Here in Indiana, the most common causes for domino effect car collisions are impaired driving, speeding, and following too closely to the car in front. If you can avoid these behaviors, you can reduce your chances of being involved in a car accident of any fashion.

If you were recently hurt in a car accident that involved other drivers, seek out professional advice on your rights to pursing full and fair compensation through a personal injury 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 and compassionate auto 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.

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The Difference Between Special and General Damages in an Accident Settlement

When it comes to personal injury settlements, there are two primary categories of financial payment (damages) awarded to victims or survivors of victims: general damages and special damages. Such damages are awarded based on the specific losses incurred by the claimant or claimants.

Continue below for a brief description of general and special damages, including how they compare to one another and where you can find more information pertaining to your recent, wrongful accident in Indiana.

Accident Law Firm Indianapolis Indiana 317-881-2700
Accident Law Firm Indianapolis Indiana 317-881-2700

The Purpose of Personal Injury Damages

Under tort law, when a person is a victim of negligence, which a is a failure to use reasonable care, a judge or jury may award damages to compensate them for their injuries and losses. Such damages can range from lost paychecks and medical bills to pain, suffering, and more. To measure the value of damages, a court must consider the losses and injuries of an accident victim’s body, mind, property, and overall quality of life. Personal injury settlements are designed to help accident victims or surviving family get back to the same state of life they were in before the accident and to fairly compensate the victim for what they experienced and will experience in the future.

Although there are several types of personal injury damages that may be awarded in a settlement, the two main categories are general damages and special damages.

Special Damages

Also referred to as compensatory or economic damages, special damages are the calculable to a large extent, losses suffered by a personal injury victim. They include hospital bills, medical expenses, lost wages from missing work, mileage to and from doctor’s appointments, property damages (in some cases), and similar precise values that can be added up with a calculator.

General Damages

General damages are also referred to as non-economic damages. These are damages that cannot be measured by a calculator, such as pain, suffering, metal anguish, PTSD, prolonged physical therapy or medical treatment, permanent disfigurement or scarring, and other conditions that cause a personal injury victim to lose overall enjoyment of life.

It is common for a personal injury victim to be entitled to both kinds of damages. Additional categories of damages that may be awarded in a personal injury lawsuit include punitive damages and future damages.

How to Determine Your Damages and Losses After an Accident

If you are wondering which damages you or your family are entitled to after being seriously injured in a wrongful accident, it is necessary to consult with an experienced Indiana personal injury lawyer. Accident attorneys can provide a free case evaluation that will allow you to discuss your questions and concerns with a licensed professional.

There are many ways a personal injury lawyer can prove your damages.  You should save all medical bills, receipts, and any other type of documentation that shows the effects of your injuries. You should also save records showing when you missed work.  You attorney will also help in obtaining the information for your claim.

Not sure which personal injury attorney in Indiana to choose for help you with your case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement or verdict you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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Local Indianapolis Personal Injury Law Firm 317-881-2700
Schedule a Free Consultation!