The General Steps of a Car Accident Injury Trial

In the vast majority of cases of car accident lawsuits, both parties usually avoid trial by settling the case with the assistance from their respective attorneys. This happens when the claimant party, or injured victim, agrees to a settlement offered by the opposing party’s insurance carrier. However, if both parties cannot come to a settlement agreement, the case will go to trial. Trials are serious matters, which is why it is vital to always have private personal injury representation as a wrongfully injured victim in Indiana. They can navigate your car accident case every step of the way.

For a better understanding of what this might involve, continue below to review the general steps of car accident injury trial.

Car Accident Attorney Indianapolis Indiana 317-881-2700
Car Accident Attorney Indianapolis Indiana 317-881-2700

Car Accident Liability Disputes

In the case of a car accident liability dispute, a claimant has two options for resolution: they can settle with the insurance company or file a personal injury lawsuit. Settling with the insurance company would involve out-of-court settlement negotiations that would take place between the claimant party (injured victim and their legal team) and the insurance carrier.

If the insurance carrier offers a full and fair settlement for the injured victim’s damages and losses, the injured victim might agree to the settlement, and the case can be completed and closed. If the injured victim and their legal team reject the settlement offer by the insurance carrier, they can bring the case to court. At trial, a car accident injury dispute will be heard and decided normally by a jury and rarely by a judge.

Car accident injury cases tend to go to trial because they are high-value, or because they involve complicated factors surrounding liability and causation. It is important to have an experienced Indianapolis car accident lawyer working your case for the best possible chance at recovering the maximum settlement for your damages and losses.

What To Expect at a Car Accident Injury Trial

Your personal injury car accident lawyer will handle every aspect of your case, from start to finish. On your behalf, they will attend every hearing and pretrial meeting representing your best interests. The general phases of a car accident injury trial include discovery, mediation, jury selection, opening statements, presentation of evidence, closing arguments, jury deliberation, and verdict delivery.

Discovery Phase

The discovery phase is a type of pretrial meeting that takes place between the legal team of the claimant party (injured victim) and the legal team of the plaintiff party (insurance company). During this phase, the lawyers will exchange information relevant to the case by means of depositions, interrogatories, or other requests for evidence.

Jury Selection

Following the discovery phase, both the plaintiff and claimant legal teams will interview a panel of potential jurors by asking them several questions. They will need six qualified jurors and one alternate in Indiana.

Opening Statements

Once the trial begins, both sides will make opening statements to the court and jury. These statements outline what the lawyer intends on proving throughout the proceedings.

Presentation of Evidence

During this stage of a car accident injury trial, both legal teams for each side will present the evidence they have that proves their case. Such evidence might include documents, records, witness testimonies, expert testimonies, photographs, videos, receipts, and relevant evaluations.

Closing Arguments

Towards the end of the trial, after all evidence has been presented and argued, the claimant’s lawyer and the plaintiff’s lawyer will make closing arguments. These are similar to opening statements in that they summarize all facts and testimony presented and proved throughout the trial.

Jury Deliberations

During this phase of a car accident trial, the jury will deliberate and ultimately decide whether the claimant met their burden of proof or not.

Verdict

After the jury and judge decide that the claimant party did meet their burden of proof and therefore the opposing party’s liability in the case, they will be award financial compensation. If the judge and jury decide that the claimant party failed at meeting this burden, the case will be closed, and they would receive no compensation.

Are you ready to discuss the legal options you have surrounding your recent and wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your car accident injury lawsuit in Indianapolis, Indiana. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana. We also represent Hoosiers who were injured and the Estates of persons wrongly killed in other states.

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Possible Liable Parties in a Self-Driving Car Accident

Decades ago, self-driving cars were merely a fantasy often depicted in some of our favorite throwback movies and TV shows, like Total Recall, Timecop, Herbie, The Fifth Element, and Christine. Yet today, they are a real thing. You may have seen one or two autonomous vehicles powered by Siri or Google in your community or downtown technology district. You may have already ridden in one. But like virtually all new technological innovations, there are bound to be some stumbling blocks. After all, self-driving vehicles are still a brand-new means of transportation in society. So, how safe are self-driving cars? That is hard to say. What can be said is, self-driving car accidents do happen. And when they do, pinpointing the liable party can be tricky since there are multiple possibilities.

Continue below to review some of the more likely responsible parties in a self-driving motor vehicle accident, plus where to get trusted legal advice after being wrongfully injured by an autonomous car or negligent driver in Indiana.

Self Driving Car Accident Lawyer Indiana 317-881-2700
Self Driving Car Accident Lawyer Indiana 317-881-2700

Autonomous Vehicle Accidents and Liability

When it comes to self-driving car accidents, the most common liable parties include the human operator, technology company, automaker, government, or a third party. It is possible for more than one of these parties to be responsible for any damages suffered by a passenger or driver of an autonomous vehicle.

The Operator of the Vehicle

Self-driving cars are not fully autonomous; they still require a human supervisor or operator. It is very possible for the operator of the autonomous vehicle to be responsible for a car accident. Whether driving or on autopilot, if an operator of a self-driving vehicle is reckless or negligent during the ride, and as a result an accident happens, it could be their fault.

The Technology Company or Vehicle Manufacturer

There is a company that made the actual vehicle, then there is the company that made the technology possible. If a self-driving car accident occurs because the technology company was negligent in some way. For instance, if they did not properly test the vehicle before releasing it or resolve a significant microchip defect in the autonomous technology, they could be held liable for an injured victim’s damages and more.

The automaker of the vehicle might be responsible for a self-driving car collision or accident if there is a defect in the car’s assembly, design, or advertising that directly caused the accident and subsequent damages.

Government Agency

In rare cases, a government agency can be liable for a self-driving vehicle accident. This might happen if an autonomous car accident occurs as a result of inadequate safety testing, safety rules, and fundamental regulations, or due to a serious roadway defect.

Third Parties

Third parties that might be responsible for a self-driving car accident include drunk drivers, reckless drivers, negligent commercial truck drivers, or a business that fails to maintain a safe parking lot.

No matter what kind of car accident you were wrongfully injured in, it is your right to be granted a full and fair settlement for your damages. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced car accident injury lawyer in Indianapolis, Indiana. We represent all motor vehicle-related accident cases throughout the state of Indiana, including truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.

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What You Need to Know About Pedestrian Car Accident Injury Cases

Car and traffic accidents, like collisions, rearends, fender benders, side-swipes, and off-road wrecks, typically involve automobiles. Yet, there is another common type of victim that can exist in a motor vehicle accident: those on foot, or in the terms of traffic law, pedestrians. So, what are the lawful rights for a pedestrian who has been hit or injured by a driver? Depending on certain and specific criteria, a pedestrian may or may not have legal rights to a settlement for any damages or losses sustained as a result of their accident. Although a harsh possibility, anyone injured in a pedestrian car accident should consult with an experienced personal injury lawyer to confirm their options for pursing legal action against a wrongful party.

Continue reading to learn more about pedestrian rights, including the potential legal opportunities for pedestrians injured in a car accident.

Pedestrian Injury Lawyer Indianapolis Indiana 317-881-2700
Pedestrian Injury Lawyer Indianapolis Indiana 317-881-2700

Right of Way for Pedestrians and Drivers

The first aspect to consider in a car accident pedestrian injury case is fault. Was it the driver’s fault for hitting the pedestrian with their vehicle? Or was it the pedestrian’s fault that the driver hit them? Depending on the circumstances of the accident, it could go either way. In drivers’ education, they avidly teach pupils that pedestrians always have the right of way, and to always yield to pedestrians at marked crosswalks, parking lots, and other designated areas decreed in the state’s vehicle code.

Drivers’ education curriculum also covers a driver’s legal responsibility to obey all traffic laws, traffic signals, traffic signs, and speed limits. If a pedestrian is struck by a driver who is violating any traffic laws, the driver is automatically to blame for the accident. However, not all pedestrian car accident injury cases so cut-and-dry. If an individual is walking in a non-pedestrian designated area, like the side of the interstate or through the middle of a major roadway, then they are likely to be apportioned the majority of the fault if struck by a vehicle.

Personal Injury Compensation For Injured Pedestrians

If a pedestrian suffers injuries after being hit by a car because the driver was disobeying traffic laws, they are likely to be compensated by the driver’s insurance carrier. Injured pedestrians can collect compensation for their medical expenses, hospital bills, lost wages, pain-and-suffering, and more, depending on the severity of their injuries.  If an at-fault driver is insured, a lawsuit can be filed against the at-fault driver and their insurance carrier pays and judgment or settlement.

If a driver is not insured, which is not usually the case, an injured victim can pursue a personal injury lawsuit against them in civil court. If the driver does not retain any significant assets or finances to garnish, which is usually the case since the person did not even have auto insurance, the injured victim can make an uninsured motorist claim and attempt to collect their damages from their own insurance policy if they have uninsured motorist coverage.  It is vital to all persons to purchase uninsured motorist coverage when they buy an auto policy so that they and anyone else in their vehicle is fully protected and collect for any personal injury damages.

It is possible for an injured pedestrian to walk away empty handed if there is no insurance coverages available or money to pay for their damages.

Are you an injured pedestrian looking for legal answers to your personal injury questions 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 with an Indianapolis pedestrian injury lawyer, today. We represent clients throughout the state, plus Indiana residents injured in other states and residents from other states injured in Indiana.

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Do I Need to File a Lawsuit After Being Hurt in an Accident?

After being injured in an accident by the carelessness of another, many victims are legally entitled to some degree of reimbursement or compensation for their losses. These losses include damages like lost wages, medical expenses, hospital bills, prolonged rehabilitation, mental trauma, pain, suffering, property damages, and more. In extreme cases where the wrong doer demonstrated egregious misconduct or caused such trauma that compensation is not a sufficient means of amends, punitive damages may also be awarded by a court or jury.

Although a victim of a negligent act or accident is truly a victim and should be compensated for their damages, pursuing a lawsuit for such restitution may not always be in the victim’s best interest. Most often, a personal injury lawsuit is the path wrongly injured victims should take, but in some instances, it may not be the best option for a number of reasons. For this reason, it is wise to consider whether a lawsuit is a worthwhile endeavor.

Continue reading to learn a few considerations that can help a personal injury victim decide if a lawsuit is the productive course of action to take after being hurt in an accident.

File Accident Lawsuit Indianapolis Indiana 317-881-2700
Accident Lawsuit Lawyers Indianapolis Indiana 317-881-2700

Examining the Details of the Accident

After being injured in an accident at the expense of another person or entity, it is important to indicate three aspects of the incident. First, it is critical to consider the actual level of fault of the opposing party.

What was their role in the incident?

Did they have a legal duty of care to prevent such accidents from happening to the same class of people as the victim?

Would a reasonable person have foreseen the possibility of the accident happening?

Did they take reasonable action to prevent such accidents?

There is much more involved in determining fault in a personal injury case, but these are a few inquiries that come into play when assessing liability. Sometimes, it can seem like an accident was the other person or company’s fault, when in fact, they are cleared of such liability for several other reasons. If a person does not have a strong enough claim against an opposing party, or if the opposing party is not the majority at-fault, there may be no point to a personal injury lawsuit.

Comparative Fault Analysis

It is also important to consider the victim’s own liability in the accident. This is referred to as comparative fault analysis. According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.” So, one must ask themselves what was their level of fault might be? Could they have prevented their injuries? Should they have reasonably foreseen that such an accident could happen?  Was what they were doing at the time of the incident reasonable?

For example, consider a winter blizzard. On a snowy and icy day, a young man visits a grocery store wearing roller skates. Although there are wet floor signs posted everywhere and the store attempted reasonable clean up, he ignores them and continues to skate his way through the store, eventually wiping out and injuring himself badly. Since a reasonable person would not wear roller skates to a grocery store in those conditions because they know that floors will be wet and slippery, and since the grocery store took reasonable action to try to clean and to post “wet floor” signs as a warning to customers, the level of fault might fall onto the man. In this case, the store would not be held liable or fully liable for his injuries.  A personal injury lawsuit might be futile in this example.

Extent of Damages

And the third aspect to consider is the severity of the victim’s injury and the extent of damages incurred because of the accident. If the injury is not so serious that it caused the victim to suffer calculable financial losses like medical bills, lost wages, and loss of ability to work.

For instance, let’s say a person is wrongly rear-ended by another driver and the collision causes the airbag to deploy. As a result, the person who was rear-ended incurred minor airbag burns on their forearm but no other injuries. Because these burns are minor, they only required one doctor’s visit in which the physician orders the patient to use OTC topical ointment to soothe the burns as they heal. Because the accident did not cause them to suffer serious damages and losses, a personal injury lawsuit would be useless, although if a settlement were not reached with the at-fault party’s insurance carrier, a lawsuit in small claims court might be sufficient but again, the pros and cons of your time and effort in obtaining a small claims judgement would need to be weighed.

Had the car accident resulted in a head injury, orthopedic injury, or similar serious injuries that require extensive medical treatment and ongoing rehabilitation, the circumstance would change, and a personal injury claim and possible lawsuit would be worthwhile filing.

Prospect of Compensation

Aside from the three aspects of the accident, it is important to think about the possibility of compensation. Although a court can rule that a victim is owed compensation, the court is not the one to pay it, and neither is the government unless the claim was brought against the government. All compensation that is court- ordered to the victim or their families has to come from, in almost all cases, the defendant’s insurance company. If a defendant has no insurance, and has very little assets, income, or savings, there is little chance to get the compensation. They usually cannot pay a judgment if they could not afford to carry liability insurance. For this reason, pursuing a lawsuit is most often not worthwhile, but every case needs to be looked at individually.

Would you like to learn more about your opportunity to obtain compensation through an Indiana personal injury claim or lawsuit? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana and Indiana residents injured in other states.

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Can I Settle My Personal Injury Case Through Arbitration?

When a personal injury claim is filed, the case doesn’t always end up in front of a jury. Many personal injury claims are negotiated out of court. When a personal injury case is settled out of court, negotiations usually take place between opposing parties, which may include an alternative dispute resolution process known as arbitration.

Continue reading to learn some important facts about personal injury arbitration, including which cases are more likely to be settled this way.

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

Facts About Personal Injury Alternative Dispute Resolution

Both personal injury defendants and claimants can sometimes choose arbitration over going to trial, namely for reasons of time and money. Arbitration is faster, more efficient, and costs much less than a court trial. It is a streamline version of dispute resolution since it eliminates the formalities of court procedures, such as filing, court dates, motions, jury selection, and more. Court costs, attorney fees, filing fees, and time off work are all examples of associated, out-of-pocket costs claimants can face if they push for their case to go to trial. 

What it Means to Agree to Arbitration

To be granted this type of alternative dispute resolution, both parties must agree to it in most circumstances. When two parties go to arbitration, together they select an impartial, unbiased party to arbitrate their dispute. This person is known as an arbitrator. The two parties agree beforehand that they will comply with the arbitrator’s award. Once the arbitration begins, a single hearing or a series of hearings are held to allow both parties to present their evidence and testimony. At the conclusion, the arbitrator renders a final decision. Sometimes arbitrations occur by panel decision, with three arbitrators deciding the case.

Be Aware of Arbitration Clauses

Some contracts between parties retain an arbitration clause that mandates mediation over trial in the event of a breach of contract or a disagreement about the terms of a contract. In this scenario, both parties would have no other choice but to go to arbitration to resolve the case. This avoids high court costs and trial fees and makes the process much quicker.

In some personal injury cases, insurance companies use this clause because they think they are more likely to have a sympathetic arbitrator than a sympathetic jury. Arbitration clauses are near impossible to escape because they are in most cases valid and legally-binding. In some cases companies will abandon their arbitration clauses, while in other cases, courts can hold that they are not enforceable. Every case is different.

Are you wondering how to get started on the right path toward obtaining the full and fair settlement you deserve after being wrongfully injured in an accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state and Indiana residents injured in other states. There is no need to travel, as we are happy to hold case evaluations via phone or online video conference.

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Information About Personal Injury Structured Settlements

When you are in the middle of a personal injury lawsuit, your mind is in constant motion with questions about all the possible outcomes of your case. Although you might have an experienced personal injury lawyer on your side who is fighting for your rights to compensation, it can be tough putting your mind at ease until the case is completely settled.

Many people are worried about their settlements and wonder how they will receive their payment in the end. Questions like, “Will I get all my money at once?” and “Is it possible that my compensation will be awarded as a structured payment?” are all common concerns by most personal injury plaintiffs.

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

The Benefits of Structured Accident Settlements

A structured settlement is an agreed periodic payment plan in which the recipient receives a set amount of money over a specified period. Structured payments are a fairly common method of dispersing personal injury settlements and verdicts. Whether a structured settlement is a good result or a bad one really hangs on the recipient. There are both advantages and disadvantages of structured payments, depending on personal perspective.

The number one benefit of a structured settlement is that you usually receive more money overall. In a lump sum payment, the amount is usually negotiated lower. Another major benefit is personal financial management. When a large sum of money is paid out overtime, it is typically easier to manage your finances, pay bills, save money, and maintain a positive financial portfolio. It may be especially beneficial in terms of tax liabilities as well.

Additional Advantages of Structured Payments:

☑ Simpler Tax Planning
☑ Possible Income Tax Advantages
☑ Additional Annual Income
☑ Broader Subsidy Opportunities
☑ Budget Protection

Disadvantages of Personal Injury Structured Settlements

One of the common downfalls to structure pay is limitation. For those consider themselves financially savvy, not receiving your full compensation can be a huge restriction since you cannot use the money to make any lucrative investments. In other cases, a personal injury victim has already paid all of their hospital bills, medical expenses, and other related expenses, out of pocket. They have also already incurred lost wages from work. So, by not receiving a full payment can be frustrating since victims in this type of situation is simply trying to put the money back where it was before their accident.

Timeline for Receiving a Structured Settlement

If you win your claim and an insurance company agrees to give you a structured settlement, you will not be given a paycheck right away. Instead, you will be paid a set amount over a set period of time. The terms of structured settlement agreements vary from case to case, and payment amounts, and schedules can be set in many different ways. These payments generally begin as soon as all the paperwork is processed; however, this time period can vary, and sometimes can take up to one year to begin receiving payments.

Lastly, a settlement can also be a portion paid out up front in cash and a portion in a structured settlement.

Are you looking for a seasoned personal injury law firm to obtain the maximum settlement for your Indiana accident claim? 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 personal injury lawyer over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

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Tips for Documenting Your Personal Injury Expenses

There are many elements involved in pursuing a personal injury claim, but the most important one is proof of damages. Not only do personal injury claimants hold the burden of proving more likely than not that the opposing party was negligent, but they also must prove more likely than not their damages and losses. After all, if a personal injury plaintiff cannot show how much their accident and subsequent losses have cost them, they cannot possibly win their claim, let alone obtain a fair settlement or verdict.

The best method for ensuring that all personal injury expenses are collected, organized, and preserved for the sake of proving a claim is documentation. Continue below to learn some critical tips for keeping track of your personal injury costs, plus how to find trusted and experienced personal injury representation near you.

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

Personal Injury Record Keeping

In order to guarantee good organization of your personal injury expenses, it is important to record them right away. Your records should be gathered and preserved with care so that they can easily be handed over to your Indiana accident attorney and aptly applied to your case.  It is important to keep a list of all medical providers so you can provide that list to your attorney so they can make sure all medical records and medical bills have been obtained.

Medical Treatment

After being involved in a wrongful accident, it is necessary to begin the record-keeping almost immediately, starting with medical care. You have a few options depending on the circumstances of your accident. You will need to either seek treatment at the scene by EMT’s, have an ambulance or someone else take you to the emergency room, or make an appointment with your doctor.

In all cases, it is critical to see a doctor or medical professional as soon as possible after noticing signs of injury. Although nobody wants to go to a doctor, it is important to make sure nothing is being missed when it comes to your health. Keep all records and paperwork you receive from your medical treatment, including all bills and invoices and provide them to your attorney.

Lists

Before and after seeking medical treatment, it is strongly encouraged for personal injury victims to keep a list about their accident, injuries, expenses, missed events [work, vacation, etc…]

Additional Document Requests

In addition to requesting and retaining copies of your medical records, receipts, and billing invoices, it is also important that you and your attorney obtain a copy of the police report for your accident. Making a police report at the scene of an accident is important for many reasons, whether the law mandates it for your incident or not. This is especially true for car accidents that result in bodily injury. In such cases, injuries may not appear until days or weeks later. These are known as late-appearing car accident injuries or an onset of symptoms. If you are employed, it is necessary to retain copies of past paystubs, plus proof of missed wages from time off work.

Are you unsure what to do after your recent accident or injury? 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 and Indiana residents injured in other states.

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FAQS About Negligent Supervision Personal Injury Cases

Any party who is required to provide a legal standard of care for a dependent or subordinate, such as a child, elderly person, or employee, must uphold their duty of care. Otherwise, they may face serious civil consequences. This legal principal falls under the category of negligent supervision, within personal injury law.

Continue reading to review some frequently asked questions about negligent supervision and how it pertains to tort law.

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

Frequently Asked Questions About Negligent Supervision

What is Negligent Supervision?

Personal injury cases arise when one party’s negligent action or inaction is the responsible cause another party’s injury and subsequent losses. When a mandated caregiver provides inadequate supervision or management over their charge, and as a result their charge is seriously injured, they could face a negligent supervision lawsuit. This tort law also applies to employers and employees. If an employer does not take the proper steps or precautions to ensure safety standards at the workplace, and as a result, an employee or customer is injured, they can be held liable for all damages resulting from the accident, subject to worker compensation law limits.

Who is Protected Under Negligent Supervision Laws?

Most negligent supervision cases surround children, elderly persons, and employees. They can also involve anyone else in long-term medical care, whether in-home or at a facility. Children who are under the care of daycare staff, school bus drivers, teachers, coaches, instructors, nannies, babysitters, and any other authority in charge of looking after their safety and well-being can become victims of negligent supervision.

Elderly individuals and those who suffer from severe mental or physical challenges are also common victims of negligent supervision. These victims are generally in a long-term care or treatment facility, or in the care of an at-home nurse or orderly.

Employers can also be guilty of negligently supervising their staffs. Employers are responsible for ensuring that their staff is properly adhering to all company policies, regulations, and safety standards. They must also ensure that they themselves are avoiding harmful or wrongful behaviors, plus preventing any wrongful actions of their employees.

What are Some Examples of Negligent Supervision?

A nanny is hungover from the night before and falls asleep on the couch. As a result, the child in their care wanders outside and gets hit by a car.

Parents allow their teenagers and friends to consume alcohol under their roof. As a result, a kid gets alcohol poisoning or into a serious car accident after they leave.

A daycare attendant fails to lock up a toxic cleaning solution as protocol requires. As a result, a child ingests the chemicals and suffers serious or fatal injuries.

A teacher heading detention leaves the classroom for a period of time without having another teacher cover for them. As a result, a fight occurs among students that causes serious injury to another student or teacher.

High school or college coach turns a blind eye to locker room hazing, and as a result, a teammate gets seriously injured or killed.

How Do I Prove That a Party is Guilty of Negligent Supervision?

There are 4 key elements that must be present for a valid negligent supervision case. First, the individual must have had a duty of care to supervise the victim. Second, the individual must have failed to properly supervise the victim. Third, the individual’s failure to supervise led to the victim’s harm. And fourth, the incident that caused harm to the victim must have been a foreseeable event might happen that any reasonable person could anticipate and prevent with proper supervision.

Where Can I Get Trusted Guidance for a Negligent Supervision Claim?

Cases vary in detail and jurisdiction, so it is important to discuss your state’s particular laws and procedures for negligent supervision with a seasoned Indianapolis personal injury lawyer. They can determine your case’s strength and help you pursue legal action against them by filing a claim or lawsuit.  If a judgement or settlement occurs, the defendant’s liability insurance carrier would have to pay it, subject to any insurance limits.

Are you ready to get in touch with a trusted negligent supervision lawyer who can help you get started on the right path toward financial justice? 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 represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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Do I Have a Valid Medical Malpractice Claim?

Medical malpractice claims are among the most complex cases in the civil litigation field. As a suspected victim of medical negligence, it is important to educate yourself on your rights as a wrongly fully injured victim, and to determine the strength of your case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more.

Continue reading to learn what you want to know about medical malpractice claims and lawsuits, including how to get started on your case for free.

Medical Malpractice Lawyers Indianapolis Indiana 317-881-2700
Medical Malpractice Lawyers Indianapolis Indiana 317-881-2700

Brief Explanation of Medical Malpractice

If a health care professional or facility is negligent and makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, but the plaintiff must also be able to present sufficient evidence that proves these elements.

Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:

➀ The presence of a doctor-patient relationship;

➁ The delivery of treatment that failed to meet the medical standard of care;

➂ A relation between the negligent medical treatment and the injury incurred by the patient;

➃ Economic damages and losses sustained as a result of the injury incurred by the patient.

Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly trained health care professional in the same medical community as the defendant would provide.

Hire a Personal Injury Attorney to Recover a Full Settlement

Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, inability to work and more.

To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An experienced Indianapolis medical malpractice lawyer can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records, and much more, are all in place to argue your case. Just be sure to choose a personal injury law firm in Indiana with a strong reputation for success.

Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

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What You Need to Know About Car Accident Claim Demand Letters

After sustaining serious injuries in a wrongful auto accident, you may be entitled to pursue legal action against the negligent party to obtain compensation for medical bills and similar economic damages.  If you obtain a settlement or judgment against the negligent party, their insurance carrier will pay the settlement of judgment, up to the negligent party’s liability insurance limits. 

The best strategy for obtaining a full and fair car accident injury settlement is to hire a licensed and experienced personal injury attorney who specializes in motor vehicle accident claims. From there, they may implement an effective strategy to support the full value of your claim that involves creating a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written document that becomes the basis for negotiating compensation for your resulting damages and losses.

Continue below to learn what you need to know about car accident claim demand letters, including what they entail, why most cases require one, and why you should never attempt to write your own.

Personal Injury Claim Help Indianapolis Indiana 317-881-2700
Personal Injury Claim Help Indianapolis Indiana 317-881-2700

The General Template for a Demand Letter

Demand letters are written with a strict focus on facts first, followed by opinions. Facts that are generally included in a demand letter are as follows:

Description of why the claimant believes the other party is to blame. Did they run a red traffic light? Or maybe they neglected to stop at a stop sign?  Whatever the violation or cause may be, it should be included in the demand letter.

Description of ALL injuries sustained by the claimant, how they were sustained, how they are being treated, and how the injury or wound is healing or is healed.

A breakdown of all medical-related financial losses associated with the accident, including hospital bills, medical expenses, and any other evidence and documents showing missed time at work, physical therapy, counseling, medical equipment and supplies, fuel costs traveling to and from medical appointments, and similar losses.

Information about an IUM claim, if applicable.  This is when the other person does not have insurance, or their insurance wasn’t enough to cover the medical expenses and other damages and losses.

This typically completes the introduction of a demand letter. Next is the actual demand section. The demand segment of the letter requires a different set of guidelines that should be followed by the claimant and their legal team. In this section, claimant’s demand compensation for:

Medical Expenses – The hospital can provide documents proving a claimant’s injuries and the treatments that followed.  Claimants can also provide bank statements, invoices, and other forms of billing evidence that shows the dollar amount associated with the medical treatment.

Liability – Description of how the accident happened and why the other driver was at fault.  This should include police reports, photos and witness statements to support the allegations.

Lost Income – All information on the total amount of lost wages incurred because of the injury.  Description of how the injury affected the victim’s ability to work and make money, plus proof on how much time they had to take off from work.

Comparative Negligence – If the defendant’s insurance company attempts to argue comparative fault on the party of the plaintiff/claimant, the plaintiff/claimant’s attorney can argue the facts to the insurance adjuster on why such an argument is without merit.

Emotional Distress and Pain and Suffering – Description of injuries sustained and how they have affected the victim’s everyday life, including pain and suffering and relationships, and more.  Also, a detailed description of the injuries and accident and how they have caused the victim suffering and trauma. 

What to Keep in Mind as You Proceed With Your Auto Accident Claim

Demand letters are important ways to begin the negotiation process of a car accident claim.  They can be complicated and could possibly make or break your compensation claim all together.  It is strongly encouraged to hire a seasoned Indiana personal injury law firm to navigate all elements of your claim, including writing your demand letter.

Are you looking for a qualified Indiana auto accident lawyer who can represent your best interests in a car accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned car accident attorney in Indianapolis, Indiana who knows how to obtain the maximum settlement or verdict for your claim. We represent victims all throughout the state and Indiana residents injured in other states.

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