The Fundamentals of a Negligence Lawsuit

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a victim sues an at-fault person in civil court for personal injuries that resulted from an accident caused by the defendant, it is considered a negligence lawsuit. In criminal court, there are wrongdoers, whereas, in civil court, there are negligent or at-fault parties. In a negligence lawsuit, the plaintiff (victim or family of victim) carries the burden of proving their case. In order to do so, they must provide evidence to prove the 4 main elements of every negligence lawsuit.

The 4 Main Elements of a Negligence Lawsuit:

The Plaintiff must prove…

Ⅰ. The defendant had a legal duty of care.

An example of having a duty of care would be a school. Teachers and administrators have a duty of care to ensure children are looked after and kept safe from danger.

Ⅱ. The defendant breached that duty of care.

Continuing the example above, if the teacher takes their class to the park, and a child falls into a pond, she is guilty of negligent supervision.

Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.

Since the child would likely have not fallen into the pond if they were being properly supervised, the teacher could be held liable for any injuries or wrongful death that resulted from the child falling into the pond while under her supervision.

Ⅳ. The Plaintiff’s injuries caused damages and losses.

The final element of every negligence case has to do with damages and losses. Victims can recover various types of damages depending on the details and circumstances of their case.

Types of damages include:

Compensatory – Compensates for actual costs incurred as a result of the accident/injuries, such as lost wages, hospital bills, and medical expenses. Compensatory damages can include both general and special damages.

General – Monetary compensation for injuries.

Nominal – Awarded when negligence is proven, but losses have not yet occurred.

Special – Compensates for material possessions lost or damaged in the accident.

Punitive – Awarded to victim for the purpose of punishing the defendant for their negligence.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

It is the judge in the end who decides what duty of care the defendant had with the plaintiff. It is the personal injury attorneys who fight on behalf of injured victims to ensure they receive the full and fair amount of compensation for their damages and losses. Choose an experienced Indianapolis personal injury lawyer if you or someone you love was recently injured as a result of another person or company’s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.

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.

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Important Safety Concerns for Children’s Bounce Houses

Child Injury Lawyer 317-881-2700

Child Injury Lawyer 317-881-2700

Bounce houses have gained wide-spread popularity among youths. What was once only available at full-production affairs like carnivals and play centers, today bouncy houses are easily procured and rented by general consumers. Although fun and exciting for kids of all ages, bounce houses can pose a long list of serious dangers if certain precautions are not taken.

Whether you are throwing a birthday party for your child, or organizing a children’s fundraiser, a bounce house is a fantastic addition to the amenities you have planned. However, be sure to review some important safety information about installing and using a bouncy house before your scheduled event arrives.

Installation Concerns

There have been children in the past who have lost their lives as a result of an improperly-secured or installed bounce house. Large gusts of winds can come out of nowhere and sweep bounce houses off the ground in seconds, and with children inside. These cases have caused major to minor injuries, as well as death. Even without children inside, a rogue bounce house carried by wind can travel up to a mile or more, and during so, can collide and injure others, as well as, damage any property in its path. For these reasons and more, it is vital to ensure your bounce house is properly installed and fully-secured to the ground.

Operation Concerns

There are state regulations for bounce houses safety, and anyone operating one must adhere to all ownership and operation regulations. These regulations are very specific, and serve the purpose of preventing bounce house accidents. It is vital that you learn and practice all of them to ensure safe use of a bounce house.

Common Injuries

Aside from fatalities, the most common injuries suffered by bounce house users are muscle sprains and orthopedic injuries. These can happen by accident, or as a result of improper use. Aggressive behavior, overcrowding, and exceeded weight limits should all be avoided to reduce the chances of such injuries. Also, be very mindful of weather conditions and avoid operating a bounce house in wind, rain, or inclement weather.

Liability

If you own or rent a bounce house, you have a duty of care to ensure the children who play in it are kept safe. If the bounce house is not secured or operated properly and someone is injured as a result, you could be held liable for their damages and losses. On the other hand, if your child was seriously injured in a bouncy house, you could be entitled to certain compensation for your losses and damages. Talk to an experienced Indianapolis personal injury lawyer to learn your rights.

Indianapolis personal injury lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to compensation after your child was seriously injured in an accident in Indianapolis, Indiana. Our seasoned personal injury lawyers will work around the clock to ensure your family receives the full and fair compensation they deserve. Our law firm offers free initial consultations and never collects attorney fees unless we recover a settlement for you.

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How to Write a Legal Complaint for a Personal Injury Claim

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When someone else’s carelessness causes you physical injuries, you have the right to file a personal injury claim in civil court against the at-fault party for the damages and losses you incur as a result of the accident. This includes medical expenses, hospital bills, time off work, lost wages, and more. However, filing a personal injury claim involves much more than just submitting paperwork. For this reason, it is wise to hire an experienced accident attorney who can help navigate your case.

In order to file a personal injury claim against a wrongdoer, you must provide a written statement describing why you should receive compensation for the financial losses you incurred after your accident. This is called a legal complaint, and it is a very important part of the personal injury claims process because it declares your intention to seek out compensation for your injuries and losses.

Continue reading to learn some helpful tips on how to compose a proper legal complaint for personal injury claims, and who to call for trusted representation in Indiana.

Composing a Legal Complaint

Legal complaints require you to provide a lot of information. As the plaintiff, the official legal complaint form will start by asking for your attorney’s information, including name, address, bar number, and more. Following attorney information, the form will require you to provide your own personal information, including name, address, phone number, email, and more. It will then ask for the defendant’s name. Once you have this section filled out, you will reach the content section of the form.

One of the initial actions of the court will be to find the proper court to oversee your case. This is called Determination of Jurisdiction, and is important to the form because you will need to fill out the address information for the court assigned to your case. Typically, it will be a local court in the county of your residence or accident.

Moving on, the form will ask you to mark off the nature of your complaint. Examples of options include bodily harm, property damage, vehicular damage, and wrongful death. Once you check the nature of your complaint, you will have to provide information about the cost of damages. The classification of your case will depend on whether damages are over or under ten thousand dollars. You will have to note the total cost of damages, and mark whether the case is limited or unlimited.

In the last part of the form, you will have to provide your status, whether that’s a minor, an adult, a corporation, or a public entity. Then you will need to provide the same information for the defendant. In the final section, you will have the opportunity to describe the legal duty the defendant had, how their negligence caused you injuries, the extent of your injuries, the losses you incurred as a result of being injured, and the actual facts of the accident. At the very bottom, you will sign and date the document.

Indianapolis Personal Injury Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today.

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Which Driver is Liable for a Rear End Accident in Indiana?

When a driver collides into the back of the vehicle in front of them, they are almost always at-fault for the damages caused to both the vehicle and the people inside. However, there are exceptions to this rule since Indiana is a comparative fault state. This means that the fault of each driver is considered when assigning liability for a car accident. Continue reading to learn more about comparative negligence and rear end accidents in Indiana.

Car Accident Lawyer 317-881-2700

Car Accident Lawyer 317-881-2700

Auto Accident Liability

The reason why comparative negligence law is important is because liability in a car accident is not always clear cut. For instance, if a driver has to pull over on the side of the road but does not do so properly, and as a result, they are hit from behind by a passing vehicle, they would likely share part of the blame, as well as, the costs to cover the damages.

On the other hand, the driver in the front can sometimes be responsible for a rear end accident, relieving the rear driver of any liability. An example of this would be if a driver accidently puts their car in reverse and hits the gas, subsequently colliding into the vehicle behind them. Although traffic laws clearly state that every driver should maintain a safe distance from one another, there are times when this example happens. Other times, the rear driver may share a small part of liability for being too close to the vehicle in front of them.

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700


The laws surrounding comparative negligence and comparative fault are complex, and vary from case to case depending on a wide number of factors. For this reason, it is important to hire an Indianapolis personal injury lawyer to represent your accident claim after being rear-ended in a car collision. They have the knowledge, experience, and resources to effectively navigate your claim and recover the full compensation you deserve.

Indianapolis Personal Injury Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a car accident injury claim in Indianapolis, Indiana. We are seasoned personal injury attorneys who work around the clock to ensure our clients receive the full and fair compensation they deserve after suffering injuries in a car accident. Our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you. Call 317-881-2700 to schedule your consultation, today.

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Important Facts About Dram Shop Laws

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

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

In the past, courts did not hold bar and liquor store owners responsible for anything their customers do after leaving their place of business. But that is no longer the case in most parts of the country. Dram shop laws are quite common these days, but also still controversial since many people are concerned that someone could be unfairly accountable for another person’s actions. Regardless of controversy, Dram Shop laws are meant to ensure that everyone takes responsibility for their own actions. This includes the obligation of owners to sell their alcohol responsibly in order to reduce the potential risks of deadly outcomes and consequences that result from drinking too much.

Dram Shop Law Facts

There are a few misconceptions about Dram Shop laws. Let’s clear those up right now. Continue reading to learn the truth about these lawsuits, and who to trust for responsible legal representation if you are a victim of a drunk driving accident or alcohol-related accident.

❶ Dram Shop lawsuits are civil, not criminal.

While most people wrongly assume that a Dram Shop lawsuit is a criminal matter, it is in fact a civil matter and falls under tort law. Those found liable will not face jail time, but may be forced to pay restitution for a victim’s losses and damages.

❷ Minors can sue for self-intoxication accidents.

In some states, if a bar or liquor store owner sells alcohol to a minor, and that minor causes an accident that results in injuries to themselves or others, they may be able to sue the store owner for their damages since it is against the law to serve minors alcohol.

❸ Adults may be able to sue for self-intoxication accidents.

In a few states, adults who injure themselves or others after being sold alcohol when they were already intoxicated can sometimes sue bar or liquor store owners. This is called first party dram shop law, and they are hard cases to prove. Not only are they very rare, they are even banned in most states.

❹ The basis of most dram shop lawsuits is recklessness.

Many people would assume that Dram Shop laws are based on negligence since they are civil tort lawsuits. However, the basis of most Dram Shop law cases is recklessness. That is because it is reckless to sell an intoxicated individual alcohol, not negligent, since negligence implies there was no intention. It is easy to spot the signs of intoxication, and an alcohol-serving establishment has a duty of care to know these signs and look for them at all times.

Indianapolis Accident Attorneys to Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for alcohol-related personal injury claims in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations to review your claim, and never collect lawyer fees unless we recover a settlement for you. Call 317-881-2700 to speak with an Indianapolis personal injury lawyer you can trust.

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What is a Clearinghouse Lawyer?

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

As you research the process of hiring a personal injury attorney in your area, you may come across online publications that warn accident victims about clearinghouse lawyers. Although a colloquial term used to describe a particular type of practice style, it is an important term to know and understand if you wish to recover a full and fair amount of compensation for your recent personal injury. Continue reading to learn what the term “clearinghouse lawyer” means, and why you should avoid hiring
one for your claim.

To Trial or Not to Trial, That is the Question

There are many accident lawyers that advertise heavily in order to get the most cases possible, but almost never go to trial. Instead, they pass claims onto other lawyers who will go to trial in order to make a quick and easy fee for the referral, or, they negotiate and settle all of their claims out of court as quickly as possible. They generally do what they can to avoid taking cases to trial in order to get a quick settlement and easy paycheck. These lawyers are informally known as “clearinghouse” lawyers, and are not a recommended means of representation in the legal field. They are more interested in volume and quick turnover. Real accident lawyers don’t always have to go to trial to settle a personal injury claim, but they will and they can if they have to, all for the sake of their clients’ financial recovery.

Ask the Right Questions

Unfortunately, many accident victims are unaware that should even ask about this type of practice method when interviewing personal injury lawyers. It is an important question to ask any potential accident lawyer you hire to represent your accident claim. As a personal injury victim, you have the right to know if your potential lawyer is going to work on your case personally and take it to trial if they have to, if they are going to pass on your case to another lawyer, or if they are simply looking to settle as fast as possible.

If you are looking to settle quickly and willing to take a discounted payout from the insurance company, a clearinghouse lawyer is not a bad choice. In fact, they may just be the best option for your accident claim agenda. However, chances are you want and need a top-dollar settlement for your damages and losses. In this case, be sure to choose a qualified, seasoned personal injury attorney who will not give up the fight for your rights to equitable compensation.

Indianapolis Accident Lawyers You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 when you need a trusted Indianapolis personal injury lawyer that will go to trial on your behalf to obtain the full and fair compensation you deserve. Our law firm represent all personal injury practice areas, and specialize in slip and falls, car accidents, workers’ compensation, and wrongful death. We offer free initial consultations and never collects lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment, today.

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Vital Tips for Avoiding Train Track Intersection Accidents

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Trains are not always on a set schedule, but they are always closer than they appear. It takes a train more than a mile to come to a complete stop, which means anything in its way is at serious risk of danger. Train track accidents are far too common in the United States. According to the Federal Railroad Administration, there have been more than 3,900 total railroad accidents since 2014. From those, more than 200 of involved fatalities. Whether on foot or by vehicle, it is vital to your safety and to the safety of others, to abide by all train track intersection laws and regulations.

Continue reading to learn some vital safety tips for rail road tracks, and what to do if you or someone you love is seriously injured in a railway accident.

Causes for Train Track Accidents

The most common cause for train track accidents is negligence, whether by pedestrian, driver, manufacturer, or railway company. In many cases of driving, drivers will attempt to beat the train and cross the tracks by increasing their speed. As mentioned, trains are always closer than they appear, they are much faster than they appear, and they take several minutes to come to a complete stop. It is a dangerous decision to out-drive a train because of these facts and more.

Other cases of train accidents occur when there is a lack of adequate signage or signals on railway tracks and intersections to alert drivers of passing trains. This is especially common at night when it is dark and both drivers and train conductors have difficulty seeing their surroundings. There are several other potential causes for train accidents, some of which are entirely out of a victims control regardless of how obedient they are to the law, including train defects, track defects, electronic defects, judgement errors, mistakes, faulty construction, and inclement weather.

Railroad Safety Tips:

Always adhere to all railroad and traffic laws, whether on foot or in a vehicle.

When driving, only cross a railroad intersection when you are sure there is no risk of stopping or stalling.

Drivers should always remain at least 15 feet away from the actual railroad track. Trains are wider than their tracks.

Never attempt to cross a railroad when the indicators and gates are closing.

If a gate is stuck and will not open back up, contact a police officer for assistance. Never attempt to lift the gates yourself.

Don’t just listen for trains, look for them too. Modern technology makes them quieter.

Do not wear headphones when walking near train tracks. Stay alert and avoid distractions such as these at all times.

Wear reflective gear at night when walking or riding a bike near train tracks or public roads.

Always use extra caution when walking, riding, and driving near train tracks.

Train Accidents and Injuries

Regardless of how your railroad accident occurred, if your injuries were caused by another’s negligence, you need to speak with a licensed Indianapolis personal injury attorney to learn your rights to compensation for your damages and losses. Be sure to do this right away before the statutes of limitations runs out.

Indianapolis Personal Injury Law Firm

Personal Injury Law Firm  317-881-2700

Personal Injury Law Firm
317-881-2700

Call the law firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you or someone you love has suffered serious injuries as a result of a train track accident that was not their fault. Our seasoned personal injury lawyers are eager to help all victims of wrongful injuries recover ample compensation for their medical expenses, hospital bills, lost wages, pain, suffering, and more. We offer free initial consultations and work on a contingency-fee basis. That means you do not pay a dime unless we win a settlement for you. Call 317-881-2700 to speak with a compassionate and experienced Indianapolis
personal injury attorney
, today.

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The Law Office of Craven, Hoover, and Blazek P.C. Handles Personal Injury Cases on Contingency

Our seasoned accident attorneys are highly dedicated to serving justice to those wrongfully injured in Indiana.

Indianapolis Personal Injury Law Firm 317-881-2700

Indianapolis Personal Injury Law Firm 317-881-2700

The personal injury law office of Craven, Hoover, and Blazek P.C. offers their professional legal services for anyone wrongfully injured in Indiana. Our seasoned accident attorneys practice in several different areas of tort law, and have successfully recovered settlements for victims of car accidents, slip and fall accidents, workplace accidents, wrongful deaths, and much more, right here in Indianapolis, Indiana.

We work hard to protect our clients’ rights to full and fair compensation for their damages and losses suffered after a serious personal injury. We stand up for those who need it the most because we know the struggles families experience after a serious accident.

No Upfront Lawyer Fees, EVER.

We make sure everyone has a fair chance at justice by offering our services on a contingency-fee basis, meaning our client’s don’t have to pay for our legal services if we do not recover a settlement for them. There are never any upfront lawyer fees or charges to hire our law firm to represent your case. In fact, we also provide free initial consultations to discuss your incident and determine whether or not you have a valid claim.

Schedule Your Free Consultation Today

Personal Injury Law Firm  317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney who cares about your economic reclamation. You can have the opportunity to discuss your experience and the losses you’ve incurred from your accident with no out-of-pocket obligation. We offer flexible scheduling, compassionate client support, and aggressive litigation. Call 317-881-2700 to get started on your financial recovery after being seriously injured in an accident, today.

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Can I Lose My Claim for Compensation if I Say I’m Not Injured at the Scene of the Accident?

Not all injuries are immediately discernible. A gradual onset of injuries is a common occurrence among accident victims.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Sometimes when a person is involved in an accident, they may not experience any pain or discomfort at first, so they tell police and witnesses that they are not hurt. But then days or weeks following the accident, injures can begin to surface, and they start to worry that they have forfeited their right to an injury claim because of the statements they made at the scene of the accident. This is common after car accidents and slip and fall accidents.

If this sounds like your current situation, continue reading to learn what your options are for filing a personal injury claim.

Scene of the Accident Reports

The challenge with gradual onset of injuries are the statements victims make at the scene of the accident. Anything they say is recorded in the police report and witnessed by others. These statements can be used against them by their own or the opposing insurance company to reduce or refuse compensation. For this reason, if you are ever involved in an accident, always tell the reporting police officer that you are not sure if you are hurt and that you would like to have a doctor examine you. This way, if you discover underlying injuries later on, you can still have a chance at recovering compensation to cover your economic losses and damages. Always get professional medical attention after an accident, whether you believe you are injured or not.

Accident Claims

If you were involved in an accident and said that you were not injured, but later discovered that you were, you have not lost your rights to file an injury claim, nor have you jeopardized your chances at recovering fair compensation for your losses. Talk to an experienced personal injury lawyer for help navigating your accident claim. They have the knowledge, experience, and resources to get you the full and fair compensation you deserve. It is not your fault that your injuries were not evident from the start!

Indianapolis Personal Injury Attorneys

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Their seasoned accident lawyers offer free initial consultations and never collect attorney fees unless they win your settlement. Call our office today at 317-881-2700 to schedule your consultation with an Indianapolis personal injury attorney who cares.

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Common Hospital Infections That May Be Grounds for a Lawsuit

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

When a patient becomes a victim of a serious infection that stems from medical malpractice, there could be grounds for a personal injury lawsuit. However, establishing liability for such a claim is challenging, so be sure to discuss your potential claim with an experienced personal injury lawyer. There are many types of medical malpractice claims, but when it comes to infections, there are three that top the charts in terms of frequency.

Continue reading to learn which hospital infections are the most common, and who to call for questions about medical malpractice claims in Indiana.

3 Common Hospital Infections:

Surgical Infections – Surgical site infections are probably the most common infection cases in the medical malpractice area of law. These are infections that develop at or near the surgery incision site as a result of improper pre or post-surgery care.

Respiratory Infections – Although hospital-grade air is well-filtered, patients may still be exposed to airborne viruses and infections. This is among the most challenging infection cases to prove. Visitation and routine appointments may not have a strong case, but admitted patients might.

Internal and External Device Infections – Any surgically-inserted device can develop an infection if not done properly, including catheters, defibrillators, ventilators, drain sacs, feeding tubes, cochlear implants, pacemakers, stents, and more.

Hospital Infection Claims

Infections usually occur as a result of negligence, either by patient or medical personnel. When proper medical procedures are not adhered to, infections can develop that would otherwise be preventable. If an infection occurs in patient because a doctor, nurse, or other medical personnel did not take the proper precautions to ensure such infection wouldn’t develop, a victim could have a valid hospital infection lawsuit so long as they could prove their case. Hospital infection cases are treated just as any other type of medical malpractice case. The plaintiff party would hold the burden of proving that the infection occurred at the hospital as a result of a particular negligence.

Indianapolis Medical Malpractice Attorney

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about how to file a medical malpractice claim in Indianapolis, Indiana. Our seasoned personal injury lawyers have extensive trial and litigation experience representing medical malpractice victims. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis medical malpractice attorney you can trust.

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