Important Information About Settling an Accident Case

Surviving victims injured in a wrongful accident caused by another person’s negligence can recover compensation for their damages and losses one of two ways:  out of court mutual negotiations or trial.  Although many personal injury settlements are negotiated and settled outside of court, it is critical to a victim’s financial future and overall quality of life to retain experienced personal injury representation for their claim.

A seasoned Indiana accident attorney will aim to settle without a trial if a reasonable settlement can be reached but will remain ready and prepared to take a client’s case to court if necessary. If you are a recent victim of a wrongful accident and suffered injuries as a result, the settlement process will impact the outcome of your claim.

Continue reading to learn what you can expect during the process of settling a personal injury claim, plus how to ensure you obtain the maximum compensation for your case.

Accident Claim Legal Services Indianapolis Indiana 317-881-2700
Accident Claim Legal Services Indianapolis Indiana 317-881-2700

Personal Injury Settlements

A settlement takes place when a defendant’s insurance carrier and sometimes the defendant themself make an offer for compensation, and the victim or plaintiff accepts the offer. This often happens outside of court. In fact, some agreements are made before a lawsuit is even filed. If the victim has trouble receiving a fair offer, their lawyer may suggest taking the case to civil court.

Settlements can also be made after a case goes to trial, but before a final award or verdict is made. Other times, parties might become anxious during jury deliberations, and decide to settle before their verdict comes back. This is because some defendants would rather agree to a set settlement, rather than allowing a jury to decide the case.

Full Liability Releases

Once a settlement is agreed upon between both parties, the plaintiff must sign a full liability release form. This form lawfully relinquishes all potential claims against the defendant arising out of the accident or incident. This way, the plaintiff cannot file any further lawsuits for more compensation against the defendant later. For instance, in a slip and fall case, a store’s insurance company may offer a victim $25,000 to settle a case made against their insured, but to receive the payment, the victim must agree to not sue the store or to dismiss any lawsuit that has already been filed against the store.

Most Accident Cases Settle in the End

The reason why most personal injury cases settle is because both the plaintiff and the defendant want to mitigate and control their risks and avoid the significant legal costs that come with actually going to trial. Almost all personal injury cases involve insurance companies, who have the finances to pay out claims quickly.

If a claim goes to trial, the insurance company loses some control over how much they pay in recompense to a wrongfully injured victim, as well as court costs, attorney fees, and other legal expenses. Also, many insurance companies settle claims because they want to avoid the public eye for themselves and the defendant they insure. With so many social media platforms these days, it is easy for one incident to result in a company being publicly criticized for their negligence.

Are you a recent accident victim who was wrongly injured as a result of another person or company’s negligence? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to pursuing a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations and never collect lawyer fees unless we prevail for you.  We represent injured persons and the family survivors in wrongful death cases throughout the state of Indiana.

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How a Personal Injury Attorney Will Prove Your Accident Claim

Negligence is the legal concept that personal injury cases depend on. You need proof of negligence for an injured victim’s legal team to recover compensation for the injured person’s damages. This is why it is so vital to hire a licensed personal injury attorney that is experienced in the specific type of serious accident (motor vehicle, trucking collision, slip and fall, wrongful death, etc…) you or a loved one were recently involved in.

Hiring a seasoned accident attorney will give you an advantage when it comes to proving fault in a personal injury case. Just be sure to act fast before evidence is lost and file a claim before your state’s statute of limitations runs out.

Continue reading to learn more about establishing negligence and personal responsibility in an injury claim.

Indianapolis IN Personal Injury Attorney
Indianapolis IN Personal Injury Attorneys 317-881-2700

A Brief Explanation of Duty of Care in a Personal Injury Lawsuit

Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept: the two factors being “duty of care” and “breaching” that duty.  Every person in the United States has a legal responsibility, or duty of reasonable care, to prevent or avoid causing harm to another person, whether intentional or accidental. Establishing a party’s duty of care is the primary step in a personal injury case, and the step your lawyer will be initially focused on.

Proving Liability

Your hired legal team will work to prove that the at-fault party had a responsibility and failed to uphold that responsibility, causing another person to get injured or killed. They need to show the jury or judge that a defendant breached their personal duty of care, which led to a person getting hurt. If these two concepts can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages.

Proving Damages and Losses

Once these two concepts are demonstrated and confirmed, the next step is to prove that their client (the injured victim or plaintiff) suffered damages as a result of the defendant’s negligence. For more information or advice regarding accident lawsuits and filing claims after being hurt in an accident, be sure to consult a licensed Indianapolis Indiana accident lawyer for accurate and knowledgeable counsel you can trust.

Are you ready to begin the process of filing an accident claim after being wrongfully injured in an accident or event? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursing legal action against a suspected at-fault party.  Once a verdict or settlement is obtained, the at-fault party’s insurance carrier pays the verdict or settlement. From the initial consultation to the final verdict if necessary, our Indianapolis personal injury attorneys are by your side every step of the way.

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Is it Expensive to Hire an Accident Attorney?

When faced with tens of thousands of dollars of out-of-pocket expenses after suffering a serious personal injury in an accident that was not your fault, you might flinch at the thought of how much it might cost you to hire a lawyer to represent your personal injury claim. As a result, many accident victims hesitate, or even forgo hiring a law firm to recover for them the compensation they deserve to cover their losses and damages. This is a tragic circumstance, as all wrongfully injured victims deserve justice in the form of full and fair financial remuneration, as well as reputable and capable legal representation to obtain such compensation.  The insurance company for the at fault party has attorneys on staff to represent their interests and so should you.

If you are a recently injured victim hurt in a wrongfully caused accident, and you are wondering if you have it in the budget to hire an accident attorney, you can rest assure that you do. Most personal injury law firms work on contingency, which ultimately works in your favor. Our law firm is one that works on contingency.

Continue below to learn what contingency fees are and how they work, as well as where to get skilled personal injury legal assistance in Indianapolis, Indiana.

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Indianapolis IN Personal Injury Attorneys 317-881-2700

Personal Injury Law Office Payment Arrangements

Personal injury law firms typically operate using a contingency-fee payment arrangement business model. So, accident lawyer rates are contingent, meaning they are conditional or dependent on how much they recover in the personal injury case. Under this payment arrangement, a lawyer working on contingency does not get paid unless they can obtain a settlement or verdict for their client. The higher the settlement or verdict, the more they are compensated and the more you are compensated. This is mutually beneficial considering skilled and experienced personal injury lawyers work very hard to win the maximum amount of compensation for their clients.

Consultations, Retainers and Upfront Attorney Fees and Expenses

Not only do you not have to pay your accident lawyer for their services until you are awarded and paid a personal injury settlement, but you also do not have to pay any upfront attorney fees, including retainers. Personal injury clients, under a contingency-fee arrangement, do not pay anything at all until their case is complete. Most personal injury law firms also offer free initial consultations so they can determine whether or not a client has a strong case. This is because these firms work on contingency. This means they only get paid if they recover a settlement for you. If they do not believe they can recover a judgement in your favor, they will not take on the case.  Our law firm never charges a client or potential client attorney fees for an initial consultation.

Additional Legal Fees and Expenses

If a client does not win a settlement or verdict, they do not have to pay their accident lawyers for attorney fees or expenses in almost all cases. Clients do not pay the expenses out of pocket as the case progresses. Instead, these expenses are paid out of the settlement or verdict after they have paid their lawyer fee. Such expenses might include copies of records and reports (medical records, police reports, etc.), legal research costs, court costs (filing fee, deposition fees, etc.), investigators fees, expert witness fees, and office expenses (copying, faxes, etc…) In essence, your personal injury attorney is paying the expenses necessary to pursue your injury case properly as the case progresses and then the attorney gets reimbursed those expenses, but only if he or she obtains a settlement or verdict on your behalf.

Are you in need of a skilled and motivated Indianapolis, Indiana personal injury lawyer? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for superior injury claim legal representation you can trust. We serve clients in Indianapolis and all throughout Indiana.  Call us at 888-881-2700 or 317-881-2700.

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What Should I Do if Injured in an Accident I Did Not Cause?

After being in an accident there could be a million thoughts rushing through your head. But it is important to immediately seek medical treatment, either at the scene of the accident, or in your own time shortly after. This is your first step after being hurt in an accident that you did not cause.

Continue below to learn everything you need to do and focus on after your initial medical care, and how to recover compensation for your resulting damages, including medical bills and missed paychecks.

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

Medical Treatment is Step Number One

As mentioned, your first step after getting injured in an accident, no matter the type of accident, is to get medical treatment right away. You can seek medical care at the scene of the accident through emergency medical technicians or paramedics, go to the ER, or make an appointment with your primary care doctor. Regardless of which medical care route you take, just be sure to keep all documents and records of your treatment. These documents and paperwork will be pertinent to your personal injury claim. It is important that you obey all medical treatment plans and doctor’s orders during this time.

Report the Accident

You should call 911 and have the police show up at the scene.  Just like your duty to seek medical care right away, it is also important to immediately, or as soon as you are capable, to make a police report to document and record the accident and the relevant information from all involved parties. Preferably, you want to do this at the scene of the accident. But if you are not able to, at least make a report soon after, within a day. Request and retain a copy of the police or accident report, and be sure to give this your personal injury lawyer at your initial consultation.

Document and Gather Evidence

If possible, document the scene of the accident, and all relative details of the accident, via video, photographs, and obtaining witness names, addresses and phone numbers. Be sure to take pictures of any visible injuries, if possible. These pieces of evidence will help prove your personal injury case later on. If you are not able to physically take pictures or ask for witness contact information, ask a friend, witness or police officer for assistance.

Do Not Speak to the Insurance Adjuster for the At-Fault Party

You do not want to talk to the opposing party’s insurance adjuster until you have retained a seasoned Indiana personal injury lawyer who can handle the insurance company for you. Anything you say or do will be used against you when it comes time to negotiate your settlement. So, be sure to not talk about the accident or your injuries with anyone other than your medical care providers and your lawyer. Also important, stay off of social media. Anything you post can be used to lessen the value of your claim.  Defense adjusters and defense attorneys will try to take things you post on social media and argue them out of context. 

Let Your Accident Attorney Do Their Job

Your accident attorney is on your side from start to finish, and you can turn to them for any questions and concerns you might have during the personal injury lawsuit process. Your main priority at this point is to recover, physically, emotionally, and mentally, as best you can. Your lawyer will handle all filings, paperwork, deadlines, negotiations, and more, all in the best interests of your financial recovery. As your attorneys, we only want you concentrating on getting better and getting your life back to normal.  We will take the other stressors and worries off your plate.

Who Can You Trust for Skilled Indiana Personal Injury Legal Representation?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about filing a personal injury claim in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys who will fight to recover the full and fair compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

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How to Recover Lost Wages After Suffering a Personal Injury in Indiana

Suffering a personal injury as a result of another’s negligence or recklessness is an egregious injustice, which is why the law provides economic, and non-economic, relief for those who have valid accident claims. If you are a recent personal injury victim, you will likely suffer certain financial losses, or economic damages, most certainly, lost wages from missing time at work. Often times, loss of a paycheck is one of the most impactful damages suffered by both accident victims and their immediate household families. Fortunately, there is way to ensure you recover damages for lost wages, and all other damages suffered, financially or otherwise, after being injured by a careless person, business, or manufacturer.

Continue reading to learn how to recover lost wages after suffering a personal injury, including who to choose for superior accident claim representation in Indiana.

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

Choose the Law Office of Craven, Hoover, and Blazek P.C. in Indiana

Here at the Law Office of Craven, Hoover, and Blazek P.C., our personal injury lawyers have extensive trial and litigation experience, and serve clients in Indianapolis, and all throughout the state of Indiana. Whether you were injured at work and require assistance with a workers’ compensation lawsuit, or you have recently been confined to a wheelchair after a T-bone car accident, the seasoned attorneys at Craven, Hoover, and Blazek P.C. can recover the maximum settlement you deserve!

How to Get Started With an Indianapolis Accident Claim

The Law Office of Craven, Hoover, and Blazek P.C. was founded on the creed that all personal injury victims deserve justice no matter their income or social class and no matter the size of the case. For this reason, we provide all first consultations and case evaluations for free, which means you pay nothing out of pocket to simply learn more about the strengths and weaknesses of your case and the best course of action for your claim. Even better, our legal teams work on contingency, so if we do not recover a settlement or verdict for you, you do not pay us any lawyer fees. With no upfront costs to you, there is no reason not speak with our skilled personal injury attorneys about your rights to financial recovery in Indianapolis, Indiana.

What You Need to Know as a Personal Injury Victim

As soon as you are in an accident or injured, it is vital to seek emergency medical treatment as soon as possible, and get all of your doctor’s visits, orders, and treatment documented and kept in a safe place. You will need all of this documentation for your accident claim. While you are receiving your medical treatment, it is important to contact one of our accident lawyers at the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation, which can be done over the phone, via Skype or Facetime, through email, in-person at our Indianapolis office, or at the hospital where you are being treated. We make it simple for our clients to obtain the full and fair compensation they deserve after experiencing the pain, suffering, and financial impact of being a victim of another’s negligence.

We have successfully recovered a wide range of both economic and non-economic damages for personal injury clients over the past several decades of our practice. One of the most straightforward losses to recover through an accident claim are lost wages from time missed at work while recovering from your accident. In addition to lost wages, we can also fight for your right to compensation for hospital bills, medical expenses, fuel costs from traveling to and from treatment, pain, suffering, mental anguish, disability (temporary, total temporary, partial, and permanent total), and much more.

Start on Your Path Toward Financial Justice Today

Contact us at 317-881-2700 to schedule your free consultation to learn if your Indianapolis Indiana personal injury claim merits civil legal action. We serve clients all throughout Indiana, and do not collect attorney fees unless we prevail for you. Get started today, before the statute of limitations runs out on your claim!

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What are Common Damages in a Personal Injury Claim?

Accidents can happen at any time, and on a wide scope of severity. At times, accidents happen because of a person’s negligence, which can lead to a personal injury claim. Common examples of personal injury cases include motor vehicle collisions, slip and falls, workplace injuries, dog bites, medical malpractice, product defects, and assault.

When someone is seriously injured in an accident due to another’s negligence, they may be entitled to certain compensation for their damages and losses incurred as a result of the accident and subsequent injuries. Damages and losses differ from case to case depending on several factors, such as the extent of injuries, the extent of negligence, and the unique circumstances of the accident.

Continue reading to learn more about common personal injury damages, and how to get started on your accident claim today.

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

Common Types of Losses

Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages.” These include economic losses, future economic losses, and non-economic losses. Types of economic losses may include medical expenses, hospital bills, over-the-counter medication costs, prescription costs, lost wages, time off work, childcare expenses, home adaption expenses, fuel costs (to and from doctors’ visits), and similar expenditures.

Types of future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more. Types of non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Medical Expenses

After being seriously injured in an accident, a person will require medical attention; and unfortunately, medical care is not free. Medical bill coverage is a big part of the financial recovery in a personal injury case. Services like ambulance rides, surgeries, doctor’s appointments, physical therapy, medical treatments, medicine, MRI’s, x-rays, CT scans, follow up care, and more, all cost a lot of money, even with health coverage. The total cost of a victim’s medical expenses varies from case to case, and depend largely on the extent and needs of their injuries. For more serious injuries, medical expenses can be ongoing for the remainder of a victim’s life, so future medical costs must be considered in a personal injury claim as well.

Lost Income and Additional Losses

When a person is seriously injured in an accident, they are unable to work, which means they lose out on the wages that generally pay for their cost of living. Rent, mortgages, car payments, electric bills, groceries, and more, are all common bills that must be paid to maintain the quality of life a victim had before the accident. If they are unable to work, they are losing money that usually pays these expenses and more. These types of losses may be recoverable in a personal injury case.

Additional monetary losses that may result from a serious injury include vehicle damages, funeral costs, pain and suffering, loss of companionship, loss of work abilities, long-term emotional trauma, PTSD, and more.

Where to Get Trusted Legal Advice Regarding Your Indianapolis Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are ready to pursue your case and obtain a full and fair settlement for your losses. We offer free initial consultations and represent injured persons throughout the State of Indiana.

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Top 3 Things You Can Do to Maximize Your Accident Settlement

Personal injury cases range in value depending on the unique circumstances of each victim, including the seriousness of the accident and subsequent injuries, total economic losses, non-economic losses, and similar damages. Although accident claims tend to payout in the thousands, there are certain things you can do as a personal injury victim, or immediate kin of a wrongfully killed or incapacitated victim, to ensure you get the highest settlement or verdict possible for your claim.

Continue reading to learn the top three.

Indiana Accident Attorneys
Indiana Accident Attorneys 317-881-2700

Get Medical Treatment by a Licensed Physician

Aside from making a police report at the time of the accident, or soon after, your first step in the personal injury claim process is to get professional medical treatment as soon as possible. This includes ambulance transport from the scene of the accident to the hospital, allowing EMT’s to treat you at the scene, having someone drive you to the emergency room on the spot, seeing a doctor in the days or weeks after your accident, or a combination of these. If you fail to seek or receive any medical attention, it is difficult to argue that you are seriously injured. In the case that you experience delayed pain or injury symptoms, it is vital to see a doctor as soon as you can. There are also statutes of limitations regarding the legal amount of time a person can file a claim against a negligent party, so time is of the essence.

Document and Save Everything

Like with the police report, it is vital to officially document everything that happens from the time of your accident, and all the way until your claim is complete. Documentation includes police reports, medical assessments and diagnostics, medical treatments, photographs, witness statements, hospital bills, medical bills, lost wages from missing work, and any other paper trail that will prove your damages and losses as a personal injury victim. Save all of your paperwork, mail, bills, and more, and give them all to your trusted Indianapolis personal injury lawyer.

Hire the Law Office of Craven, Hoover, and Blazek P.C. in Indianapolis

The true secret to ensuring you obtain the maximum settlement or verdict for your accident claim is to retain proper legal counsel. But don’t just choose any law firm; you need experienced attorneys who know how to get the most compensation for clients. Here at Craven, Hoover, and Blazek P.C., we are that Indiana personal injury law firm. Our licensed personal injury lawyers each have more than twenty-five years of trial and litigation experience.

We know the law, and do everything in our power to ensure you get paid the full and fair amount of compensation you are legally entitled to. We work around the clock, handling all elements of your case so you and your family can focus on a safe and full recovery. After a free initial case evaluation, our accident attorneys will determine if your case is worth pursuing, and if it is, we will begin working on it immediately.

We are the Indiana Personal Injury Lawyers You Can Trust

Contact us today at 317-881-2700 today if you or a loved one were recently hurt in a personal injury accident in Indiana. Our team fully understands and empathizes with the seriousness of personal injury accidents and is devoted to protecting victims’ rights. We are dedicated to using the full extent of the law in order to obtain the long-term recovery and compensation our clients deserve, whether through negotiation of a settlement, or accident litigation in a court room. Schedule your free initial consultation, today. We serve clients in Indianapolis and throughout the state of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
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Where to Get the Right Personal Injury Claim Advice Near You

People, businesses, and similar entities can be held legally accountable if their negligence causes injury to another person. In almost all cases though, those negligent persons and businesses have insurance which will pay for any judgment against them.  A negligent party’s insurance carrier will pay for any defense legal fees and any settlement with the injured party as well.

In addition to physical injuries and death, personal injury victims often suffer a wide range of economic and non-economic consequences, such as pain and suffering, mental trauma, lost wages, disabilities, disfigurement, and more. So, if you (or a loved one) was seriously hurt in a recent accident, it is important to document and the facts and obtain advice about making a personal injury claim to collect compensation for your damages and losses.

Continue reading to learn where you can get the right personal injury legal advice near you.

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

Types of Personal Injury Accidents

Here in the United States, the most common types of personal injury cases are car and motorcycle accidents, dog bites, slip and falls, workplace accidents, head injuries, assault, product liability, medical malpractice, and child injuries. Of course, there are several other personal injury scenarios commonly seen in the field, such as boat accidents, brain injuries, nursing home neglect, sexual harassment, construction site accidents, pedestrian injuries, knee injuries, and much more.

Tips for Directly After an Accident

After an accident, the first and most important task in order to protect yourself is to receive immediate medical care. Depending on the severity or obviousness of injury, you can get treatment by a first responder or EMT at the scene of the accident, ride in an ambulance to the hospital, or visit your primary care physician that day or the very next. Your second priority is to contact the police at the accident scene and make a police report. Once those two steps are completed, it is time to contact a reputable personal injury lawyer or law firm.  The at-fault party’s insurance adjuster will already be working on the case.

Clearing Up Your Personal Injury Claim Questions

When it comes to a personal injury accident, victims, as well as their immediate families, generally have a lot of unanswered questions.

“Where do I go from here?”
“What is the next step in making a claim?”
“How am I going to pay all of my hospital and medical bills when I’m out of work?”
“How long will my recovery take?”
“Do I need to hire a lawyer?”

To get the right answers to all of these kinds of legal questions and more, your wisest course of action is to contact a licensed personal injury law firm near you. Choose a firm that staffs a seasoned team of accident attorneys with experience in your particular type of injury or accident. For instance, if you were injured at work, select a personal injury lawyer who is well-versed in workers’ compensation cases. Similarly, if your spouse was killed by a drunk driver, choose an attorney who has experience with motor vehicle accident claims.

Most law firms offer free initial consultations so that injured victims don’t have to waste money to simple discuss and assess their accident case. If a legal team believes a person has a valid claim on their hands, they will represent them without any upfront legal fees. They only collect attorney fees if they win a client’s case and recover compensation for their damages. From this compensation is how the lawyers will be paid.

A Leading Personal Injury Law Firm in Indianapolis, Indiana

Call the trusted Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, Indiana about your recent accident. We represent injured persons throughout the State of Indiana and we are ready to help you recover the compensation you deserve after being injured in a serious accident that was not your fault. We offer free initial consultations to assess your case and determine if you have a valid claim. Best of all, we never collect lawyer fees unless we recover compensation for you!

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What is the “Last Clear Chance” Rule in a Personal Injury Lawsuit?

A legal rule known as the “Last Clear Chance” doctrine is normally applied in personal injury cases that involve negligence on both sides. When both the plaintiff and defendant share some degree of fault for an accident, this legal rule may be applied as an exception to the rule of contributory negligence. But it depends on the state and whether or not the case involves contributory negligence or comparative fault.

Continue reading to learn more about the “Last Clear Chance” legal concept, including how it relates to personal injury lawsuits.

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

The “Last Clear Chance” Legal Rule

The “Last Clear Chance” legal rule was originally established by judges as an exception to strict contributory negligence laws. In a personal injury case, this legal doctrine allows a plaintiff who was found to be partially at-fault for an accident to still recover damages so long as certain criteria are met. For instance, if a plaintiff were at-fault in an accident, they can still recover damages if the other party (the defendant) could have avoided the accident had they exercised reasonable care and forethought, in a contributory negligence type case.

For the Last Clear Chance” legal rule to be applied, the plaintiff holds the burden of proving:

-They were in immediate or real danger, and unable to disengage from that danger.
-The defendant was aware of the danger.
-The defendant had a practical opportunity to avoid or stop the accident.

Contributory Negligence Law

To better understand how the “Last Clear Chance” doctrine works, it is helpful to learn more about contributory negligence. Now sometimes known as “comparative fault”, contributory negligence was a basic legal concept that was very unfriendly to plaintiffs. It basically decreed that if a plaintiff were found negligent, even in the smallest degree, and their negligence was a cause of the accident, they could not recover any damages from any other at-fault parties.

Most states have done away with the strict, contributory negligence rule, and replaced it with a more forgiving and reasonable, “comparative fault” rule. The comparative fault legal concept is intended to reduce the amount of damages in accordance with the amount of fault the victim contributed to an accident. For example, take a look at Indiana’s comparative fault rule:

Indiana Comparative Fault Rule – IC 34-51-2-6

Indiana Code 34-51-2-6 states that, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault “proximately” contributed to the claimant’s damages.” This means that if a victim is no more than 50% responsible for the accident and subsequent injuries, they can sue their opponent for compensation to cover medical expenses, hospital bills, lost wages, and more.

On the other hand, if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. However, they may be able to collect from their own insurance company. Some states use strict contributory negligence laws, while others use comparative fault. Among the states that use contributory negligence laws, there are many that apply the “Last Clear Chance” law. See our blog, “What is Comparative Fault Analysis in a Personal Injury Case?” to learn more.

Where to Get Trusted Legal Advice Regarding Your Indianapolis Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are ready to pursue your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today.  We represent injured persons throughout the State of Indiana.

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Who to Call for Personal Injury Claim Representation in Indiana

Being hurt in an accident is an experience that brings about a string of difficulties; but finding compassionate and professional legal representation for you and your personal injury claim should not be one of them. In order to be offered the full and fair compensation you deserve as a victim of an accident that was not your fault, you need an aggressive and experience accident attorney working your case who can handle your claim from start to finish, adequately protecting your rights to remuneration.

But how do you find a good personal injury lawyer in Indiana? You already have.

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

Contact the Law Office of Craven, Hoover, and Blazek P.C. to schedule a consultation with a seasoned injury lawyer who truly cares about your physical and financial recovery. All first consultations are free of charge, so there is no out-of-pocket expectations when you meet with us in the beginning. Best of all, our Indianapolis law firm works on a contingency-fee basis, which means clients never pay any upfront attorney fees. In fact, we only collect lawyer fees if we recover a settlement or judgment for our clients.

What does this mean for you as a recent personal injury victim? It means that you have nothing to lose and everything to gain when it comes to obtaining professional and accomplished personal injury representation for your claim.

How to Get Started

As mentioned previously, our law firm offers FREE initial consultations, which allows you to sit down with a licensed accident attorney and discuss your recent accident and subsequent damages and losses. See our blogs, “How a Personal Injury Consultation Will Ease Your Mind After an Accident” and “What to Bring to a Personal Injury Consultation” to learn what you need to know about your first meeting with an injury attorney. During this consultation, you will learn a brief introduction to the laws surrounding your type of case, as well as your options for legal recourse.

Why You Should Choose Our Law Firm

Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, medical malpractice law and wrongful death law and have extensive trial and litigation experience with a written track record of success. Our teams gather all relevant information needed for the case, go head to head with the insurance companies, handle all communication and negotiations with the opposing parties and will go to trial if the defendant’s insurance company will not make a full and fair settlement offer, all to obtain fair compensation and justice for our injured clients. We want everyone to have a chance at justice following a serious accident caused by another’s negligence. This is why we operate on a contingency fee basis, meaning we never collect lawyer fees unless we win compensation for you.

Schedule a Consultation as Soon as Possible

Do not wait too long to learn about your personal injury compensation rights. If the statute of limitations runs out, you are no longer able to make a claim. It is always better to contact us as soon as possible after the accident and injury so information and evidence is not lost. Contact our law office today at 317-881-2700 and schedule a free initial consultation.  We represent clients throughout the State of Indiana.

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