Will My Case Have a Better Outcome if I Hire a Personal Injury Lawyer?

Posted on September 3, 2021 by admin

Although you are not required by law to hire a lawyer to represent your personal injury claim, it is strongly encouraged. Continue reading to learn why a personal injury attorney is your best ally in recovering the maximum settlement for your damages and losses.

Indianapolis IN Accident Attorneys 317-881-2700

Benefits of Personal Injury Representation

Hiring a personal injury lawyer to represent you in your accident claim is smart, not just for financial reasons, but for practical ones as well. You see, a lawyer is your single point of communication and accountability during your claims and case process. They handle every aspect of your case, from recovering a full and fair damages settlement or verdict for your medical bills, lost wages, pain and suffering, etc… for you, to remaining a steadfast supporter during a trying time in your life.

Additionally, personal injury lawyers often work on contingency, which essentially means they only bill you for their services if they are successful at recovering a settlement or verdict for you. Under a contingency-fee payment model, you would not be required to pay any upfront lawyer fees. You will only pay if you are awarded compensation.

Most importantly, personal injury lawyers know tort law. They know all the intricacies of the judicial system in which they work in, and they know all of the strategies and tactics that are effective against the local and national insurance companies. They have the specialized skills and knowledge to investigate personal injury cases down to the very last detail and prove their clients’ damages.

Expert personal injury lawyers can usually negotiate accident claims outside of court, but, if necessary, they are perfectly prepared to take a case to trial and fight for their victims’ rights to full and fair compensation.

Why You Do Not Want to Represent Your Own Claim

Some people choose to represent themselves in legal disputes or lawsuits, but when it comes to an accident claim, you do not want to take the chance. Navigating personal injury claims takes experience, industry knowledge, and most importantly, skill.

Insurance companies are ruthless as the less money they settle the claim for, the more they keep for themselves and because of this, they specifically train their adjusters to try to get injured victims to agree to the smallest settlement possible. A skilled personal injury lawyer is well-versed in such insurance adjuster tactics and knows how to navigate around them for a successful outcome.

Overall, if you want the best outcome possible for your personal injury claim, you will need to hire a personal injury law firm.

Avoid Hiring a General Practice Lawyer

A common mistake made by personal injury victims and survivors is not hiring the right type of lawyer. General practice or family lawyers are not well-versed in tort law and may not be the best asset for your claim. Hiring a specialized personal injury lawyer is the best choice for accident and injury claims and lawsuits. They are the professionals who retain the proper legal acumen and experience to obtain the best possible outcome for accident victims and their families.

Think of it this way: in the medical field, your primary care physician makes a referral for you to go see a specialist because they are more knowledgeable in a particular medical area of practice, say a neurologist or neurosurgeon. It is the same for the legal profession. If you need a will done, you would go see an attorney who practices in the probate area of law. If you have a personal injury case, you should hire a law firm where all its attorneys each have over 25 years of experience in every type of personal injury case.

Are you ready to learn more about pursuing legal action against the party who caused your injuries and subsequent damages? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before time runs out on your claim or evidence supporting your claim is lost. All of our attorneys are very experienced (more than 25 years each) in personal injury cases of all kinds and we represent injured persons throughout the state of Indiana.

You Should Also Read:

How Can I Tell Whether or Not I Have an Injury Case?
How Much Does it Cost to Hire an Accident Lawyer?
Common Terminology in a Personal Injury Claim

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

How Soon Should I Notify My Insurance After Being Injured in an Accident?

Posted on May 3, 2021 by admin

If you plan on making a claim for an injury, or even just property loss, it is important to notify your insurance company as soon as possible following accident. Continue reading to learn what you need to know about speaking with your insurance company after being injured in an accident that was not your fault.

Indianapolis IN Personal Injury Law Firm 317-881-2700

Notify Your Insurance Carrier Immediately After an Accident

If you are involved in an accident, and you plan on filing a claim for injury or property losses, it is your responsibility to contact your own insurance carrier and notify them right away. This will ensure that filing a claim later on is even possible. Do this regardless of whether or not you plan to file a claim with the other party’s insurance company. Always contact your own insurance first, then contact seasoned Indiana personal injury lawyer to represent your claim.

How Soon is Soon?

For those injured in an accident, it can sometimes be difficult managing a serious phone call right away. If you are sent to the hospital, or severely incapacitated directly after an accident, take the time to recuperate your energy. You should be equally protected so long as you do so within 3 days or 72 hours. If you are capable of calling and speaking to your insurance carrier, do so the very same day of the accident. In many cases, claimants will call directly from the scene of the accident.

Read the Fine Print of Your Policy

It is important to know that some insurance policies have terms and conditions regarding deadlines for notifications of accidents. Your insurance carrier might require you to contact them within a certain time period in order to be eligible for benefits. Be sure you have read your insurance policy thoroughly so that you understand your rights and requirements as a claimant.

Speaking With Insurance Personnel

You must be very careful when you call your insurance company to notify them of your accident. You do not want to implicate yourself in any way that makes you look responsible for the incident. Be sure to stick with the facts of the accident, detailing what happened, where it happened, what property incurred damage, if anyone was injured including yourself, and if there were any witnesses. Your insurance representative will walk you through a series of questions to get the information they need, initially.

Do Not Speak With Other Insurance Adjusters

If another person’s insurance company contacts you to discuss the accident, do not take the call. Only allow your accident lawyer to speak with any other parties’ insurance representatives or adjusters. These employees are trained to manipulate any information you give them to lessen the value of the claim, or hold you responsible in any way for the accident. Even when contacting your own insurance company to explain the accident, it is best to first speak with your accident lawyer.

Does all of these seem quite stressful to you? You don’t have to worry about comprehending fine prints in insurance policies and claimant rights after an accident. Just hire a skilled and experienced Indianapolis accident lawyer to represent your claim. They will navigate all aspects of your claim for you, and recover the full compensation you deserve for your losses and damages.

Ready to get started on your accident claim now? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with a seasoned accident attorney in Indianapolis, Indiana. We also represent persons who live here, but injured in another state.

You Might Also Like:

Common Terminology in a Personal Injury Claim
How Can I Tell Whether or Not I Have an Injury Case?
Qualities to Look For When Choosing a Personal Injury Attorney

Why Choose Our Indianapolis Personal Injury Law Firm

Posted on January 22, 2021 by admin

Here at Craven, Hoover, and Blazek P.C., our accident lawyers and legal teams work hard to achieve client satisfaction, because we strongly believe that all innocent victims of a negligent accident deserve justice and they have the right to be fully and fairly compensated for their damages in Indiana. This is why Craven, Hoover, and Blazek P.C. is a leading Indianapolis personal injury law office with a long history of professionalism, client support, and successful case results. If you need effective legal representation after you or your loved one was wrongfully hurt or killed, you are in the right place.

Indiana Personal Injury Attorneys 317-881-2700

The Law Office of Craven, Hoover, and Blazek P.C. can help you recover the full compensation you are entitled to for your resulting damages and losses. We will work hard to recover recompense for your past, current, and future losses, including hospital bills, medical costs, pain and suffering, and much more. Continue below to learn more about us, and why you should choose our skilled and experienced Indianapolis personal injury lawyers to represent you in your claim.

There are Many Reasons Why You Will Benefit as a Client of Craven, Hoover, and Blazek P.C.

☑ FREE CASE EVALUATIONS

Here at Craven, Hoover, and Blazek P.C., we offer your first consultation with an esteemed and seasoned accident attorney, free of charge. There is never any out-of-pocket obligation to meet with our lawyers and discuss the viability of your case. If you cannot meet in-person at our Indianapolis-based office, we can conduct case evaluations over the phone, via Skype or Facetime, at your home or at your care center where you are being treated.

☑ WE TRAVEL FOR OUR CLIENTS

The accident lawyers at the Law Firm of Craven, Hoover, and Blazek P.C. have seen a lot of accidents and injuries over the past 30 years of our practice, so we know just how unpredictable and challenging recovering from such accidents can be. So, if you cannot come to us for a case evaluation or any other type of meeting, we will come to your house or care center you are at.

☑ WE WORK ON CONTINGENCY

When we tell you that there are never any upfront lawyer fees to become our client, we mean what we say. Not only do we provide free initial consultations, but we also work on a contingency-fee basis, which means that you do not owe us for our services unless and until we recover a settlement or verdict for you.

☑ WE KNOW INSURANCE COMPANIES

Here at our Indianapolis personal injury law firm, our combined, extensive trial and litigation experience sets us apart from our competitors because it has given us the advanced skills and knowledge of how insurance companies work in accident claim negotiations and litigation. We know all of their tactics and never back down to them.

☑ WE ARE ALMOST EXCLUSIVELY PERSONAL INJURY

Other law firms might advertise personal injury representation, but also represent a wide scope of other civil claims, such as divorce, child custody, immigration, criminal defense, and more. But here at Craven, Hoover, and Blazek P.C., we are almost exclusively a personal injury practice, which means that we know the field of tort law in greater depth, plus we have decades of experience in handling thousands of accident claims.

Contact Our Indianapolis Accident Law Firm Today

Contact us today at 317-881-2700 to learn more about us, or to schedule a free case evaluation with an Indianapolis personal injury lawyer. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are accident lawyers with extensive trial and litigation experience in several practice areas of tort law, and are fully-prepared to represent your accident and injury or wrongful death claim. We represent injured persons throughout the State of Indiana, so get started with a free consultation, today.

What is the Worth of My Personal Injury Claim?

Posted on January 19, 2021 by admin

If you were hurt in an accident that was someone else’s fault, after seeking immediate medical treatment, the first thing you should do is consult with an attorney so you may become informed as to your rights, including your right to receive full and fair compensation for your injuries and damages.

Continue reading to learn more about confirming the worth of your personal injury claim, including the common damages you might recover, and how to get started with a free consultation with a seasoned Indiana accident lawyer.

Indiana Personal Injury Law Firm 317-881-2700

Calculating Personal Injury Claim Values

The value of your personal injury claim is important because in the end, you deserve the be granted full and fair compensation for all of your damages and losses. Whether the value of your claim is relatively small or substantial, it is vital that you seek proper legal consultation and representation from an experienced Indiana personal injury law firm. They can ensure that you receive the maximum settlement or verdict for your claim.

It is impossible to precisely quantify a personal injury claim before extensive investigation and case documentation have been completed and even then although it is difficult , you can get a rough estimate by identifying the common damages in a personal injury claim. There are a few different categories of damages recognized by the law, but the two primary types of personal injury damages are compensatory and punitive damages.

Compensatory Damages

Compensatory damages are also called actual damages, as they are measurable by calculation, and intended to compensate you for your out-of-pocket costs that resulted from your accident and injuries. Actual damages include both economic and future-economic losses, like hospital bills, medical expenses, lost wages from missing time at work, fuel costs driving to and from medical care, and future economic losses, such as permanent disability, disfigurement, loss of consortium (intimacy),loss of work abilities, loss of education experience, and similar reasonably measurable losses. Pain and suffering and mental anguish damages are the most important damages in a personal injury case however.

Punitive Damages

Punitive damages are much different than compensatory damages. Also known as exemplary damages (as in ‘setting an example’), such damages are awarded to accident victims more so for the purpose of punishing the at-fault party, as well as setting a public example to deter the particular type of gross negligence involved in the case. This generally occurs when the at-fault party is found or suspected to have acted deliberately, spitefully, grossly negligent, or with wanton disregard for the rights and welfare of the victim. Nonetheless, it is the victim that is compensated in the end for such egregious negligence.

How to Get Started on Your Personal Injury Claim in Indiana

Start by gathering up all of your quantifiable compensatory damages, such as medical bills, hospital bills, your lost paychecks from missing work, and any other bills that resulted from your accident and injuries. This will give you a very rough estimate of how much your case might be worth. You should hire an attorney right away because they will help you in obtaining the necessary evidence for your case and they will obtain the vast majority of the evidence so you do not have to. Your next step is to contact an Indianapolis personal injury lawyer to learn more about the validity and strength of your claim. Most accident law firms will meet with you for free to hear your case.

Schedule a Free Consultation With Our Indiana Personal Injury Attorneys

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations and never collect lawyer fees unless they win your settlement and recover compensation for your damages. We serve clients in Indianapolis and all throughout Indiana, via phone, online video conference, or in-person at our Indy-based office. Get started today, before the statute of limitations runs out on your claim!

4 Reasons Why Your Accident Case Will Likely End in a Settlement

Posted on January 5, 2021 by admin

In a personal injury case, a settlement is reached when the defendant’s insurance adjuster offers compensation to the plaintiff or injured party. Upon accepting the offer, the plaintiff fully relinquishes all rights to pursue any other claims against the defendant in relation to the personal injury case. It is a fact that most accident claims settle rather than go to trial. But why do most personal injury claims end this way? Well, for the same reasons yours likely will.

Continue reading to learn 4 reasons why your personal injury case will probably settle out of court, and how to get your accident claim on this track toward a successful outcome.

Indiana Accident Claim Law Firm 317-881-2700

At Which Point are Settlements Offered in a Personal Injury Case?

During the course of a personal injury accident case, a settlement might be offered by the opposing party at virtually any point. Most often, a settlement is submitted by the insurance adjuster after the accident claim arises, but before it is actually filed. This is a strategy used by insurance companies to get the injured victim or plaintiff to quickly settle for a small payment. In fact, this technique is a prominent reason why all accident victims need to hire a seasoned and skilled Indianapolis personal injury lawyer to represent their case.

Without adequate legal representation, accident victims are more vulnerable to accepting an offer that is less than what their claim is actually worth. Be sure to hire an experienced Indiana personal injury attorney as soon as possible to get your claim started on the right track, and to obtain the maximum settlement or verdict for your case.

Many Personal Injury Cases Settle Out of Court Because:

1. Cost Control and Risk Mitigation

Agreeing to a settlement tends to put personal injury defendants’ insurance carriers at an advantage because they have more control over the risks that might be involved in facing litigation from an injured victim. At the same time, they can mitigate their legal expenses by avoiding certain costs or excessive fees. You see, most insurance companies have it in their business model to payout such claims, as it is usually an inevitable aspect of the industry. But they do not want to pay too much, nor more than they have to. Trial is expensive, and you never know just how long it can go on. By avoiding trial, insurance companies avoid paying extra in court fees and legal costs.

2. Professional Discretion

Insurance companies do not like to put their legal matters in the public eye. So, many choose to settle with accident victims to avoid going to trial, which would be included in public records. This protects their public brand, character, value, and overall reputation. This is very common in defective product and product liability cases. Manufacturers and distributors do not want to be known for producing unsafe or dangerous products, so they will usually try to avoid going through a big public trial. It is common for settlements to attempt to include a requirement of confidentiality, protecting the defendant from negative publicity.

3. Faster Resolution and Remuneration

For accident victims, settling out of court will speed up the process for full and fair compensation. Trials can extend over a period of several months, sometimes years. When you add in appeals, it can take even longer to reach a resolution, and the resolution might not be what a plaintiff might expect. Furthermore, waiting this long to collect compensation for an injured victim’s damages and losses can cause excessive stress and struggle for both the victim and their immediate family.

4. A Guaranteed Payout

The primary reason why most personal injury cases settle out of court is because it gives the plaintiff, whether the injured victim or their next of kin, the guarantee of payment. Not only does a plaintiff know they will be compensated, but with the help of their lawyer, they will have an opportunity to negotiate for a fair settlement amount.

Your Leading Personal Injury Lawyers in Indianapolis, Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our skilled personal injury accident attorneys in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing injured victims in various types of personal injury cases. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you! We represent injured persons throughout the State of Indiana.

Halloween Liability and Safety Tips for Adults

Posted on October 30, 2020 by admin

Both children and adults look forward to this time of year; and why wouldn’t they? Between the Fall festivals, candy corn, warm apple cider, pumpkin carving, and of course, Halloween, there is so much to be excited about! Halloween is a fall holiday that is equally anticipated by children, teens, and adults alike. But the fun stops when someone gets hurt. In fact, it is common to focus on child safety during the Halloween season, but the truth is, there are several risks for adults who celebrate the holiday too. For this reason, it is important to review some Halloween liability and safety tips for your own protection.

Continue reading to catch up on some important safety tips for all Halloween activities.

Safety Advice for Adults Who Celebrate Halloween

Whether trick-or-treating, handing out candy, attending a party, or hosting one yourself, there are several crucial reminders and safety tips to read through before all your awaited festivities begin. Preventative maintenance of your property and other precautions are the best strategies against sustaining injuries, or your insurance company being held legally responsible for someone else’s injuries.

Here are the top Halloween liability reminders you should know as an adult who is planning to celebrate this year:

 🎃 Don’t Drink and Drive. The money you will spend on DUI fines, court fees, and additional related penalties will by far exceed the money you would spend on an Uber. Also, intoxicated driving is dangerous, and can put others in harm’s way. Don’t risk injuring or killing another as a result of a drunk driving accident. It’s NEVER worth it!

🎃 Hosting a Party Comes With Certain Liability. If someone is injured in your house, you can be held liable for their injuries and subsequent damages and your insurance carrier will have to pay any verdict or settlement on your behalf. Even if you are not hosting a party, if anyone is hurt on your property, you can be legally responsible and your insurance carrier will have to pay any verdict or settlement on your behalf. Make sure you keep your home owner’s insurance up to date This includes over-serving your guests alcohol and/or letting them drive home.

 🎃 Alcohol Increases Liability. If you are serving alcohol to guests, whether at an off-site venue or your own residence, you can be taking on legal liability. If anyone is harmed as a result of the alcohol you serve, such as alcohol poisoning or drunk driving accidents, you and your insurance company can possibly be held legally responsible for all the subsequent damages and losses suffering by all victims involved. There could also be criminal liability in such situations too, especially in the cases of minors being served alcohol.

 🎃 Businesses Can Be Held Liable Too. 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 minors or intoxicated customers. For instance, if a bar or restaurant over-serves a visibly-intoxicated patron, and then that patron suffers harm (or causes harm to another) as a result of over-drinking, the business can be held legally responsible for all damages, and possibly even have their liquor license revoked. The at-fault party’s insurance carrier would, in most circumstances, pay any verdict or settlement.

What to Do if You are Harmed in a Negligent Halloween Accident This Year

If you are seriously injured this Halloween season, whether as a result of a negligent party host, property owner, or candy manufacturer, contact our licensed Indianapolis personal injury law firm as soon as possible before the statute of limitations runs out on your claim. We can protect your rights and recover the maximum settlement or verdict for your damages and losses.

Craven, Hoover, and Blazek P.C.

An Indiana Personal Injury Law Firm That Wants the Best for You

Contact us today at 317-881-2700 to learn more about making an accident claim after being injured by a negligent party this holiday season. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are accident lawyers with extensive trial and litigation experience in several practice areas of tort law. Not only do we offer free initial case evaluations, we never collect lawyer fees unless we obtain a settlement or judgment for you. We represent injured workers all throughout the State of Indiana, so get started with a free consultation, today.

Difference Between Third Party Lawsuits and Worker’s Compensation Claims

Posted on May 19, 2020 by admin

Third-party lawsuits often involve workplace accidents and injury claims, but they are different from workers’ compensation claims. If an employee is injured on the job, but by a person or company outside of the workplace, this employee might pursue a claim against this “third party.” A quick example involves a truck driver being hit by a drunk driver while on the job. Not only can this truck driver collect workers’ compensation benefits, they can pursue a third-party lawsuit against the drunk driver that hit them. Third party claims help victims recover the full and fair compensation they rightfully deserve following a negligent accident that was no fault of their own.

Continue reading to learn more facts you need to know about workplace injury claims, third party lawsuits, and protecting your rights as an injured victim.

Indiana Personal Injury Attorneys 317-881-2700

Workplace Injuries and Accidents

Workplace injury claims are turned over to the Workers’ Compensation Board of Indiana, while third-party lawsuits are addressed in state civil courts. To establish an opposing party’s accountability, a personal injury lawyer should be hired to facilitate a full and comprehensive investigation to collect evidence of such negligence. It is important to hire a licensed personal injury lawyer for these kinds of claims and lawsuits. They retain the effective legal resources and knowledge to document a strong case against an opposing negligent party. Be sure to choose a personal injury attorney with extensive litigation and trial experience in the case that your claim cannot be settled out of court. If a third party lawsuit cannot be settled outside of court, it must be decided upon by a judge or jury.

Here are additional examples of possible third-party lawsuit scenarios:

If a worker slips on wet floor and injures themselves, they can collect workers’ compensation. If the floor was wet because the cleaning company failed to properly dry it, the worker can also pursue a claim against the cleaning company. The settlement would be with their insurance company.

If a man injures his hand in factory machinery, he can collect workers’ comp. If the injury occurred because the machine’s design was flawed or defective in some way, he may also sue the machine’s manufacturer. The settlement would be with their insurance company.

If a dog gets loose from its owner’s grasp and attacks a housekeeper in a hotel, the housekeeper can collect workplace compensation, but can also pursue remuneration from the dog’s owner. The settlement would be with their insurance company.

If you were recently injured at work or anywhere else, contact a seasoned lawyer right away. Be sure to act fast, before the statute of limitations runs out on your claim and before evidence is lost, leaving you ineligible to pursue recompense for your damages.

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim, or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

When Will the Settlement Negotiations Begin for My Accident Claim?

Posted on May 5, 2020 by admin

When you are injured in an accident that was not your fault, it is important to hire a personal injury lawyer to represent you in your claim because they have the knowledge and resources to ensure you recover a full settlement from the insurance company. One of the most crucial stages of the personal injury claim process is settlement negotiations. During this time, your legal team will go back and forth with the insurance company until they have reached a fair settlement. If no settlement is reached, then a jury will decide the case. What many personal injury claimants are eager to know, however, is when their settlement negotiations will begin. As an accident victim, you might be wondering this, too.

Continue reading to find out what to expect surrounding your potential accident claim negotiations.

The Start of Settlement Negotiations

Normally, a demand letter is not sent to the defense until the injured person has completed their treatment or until the person has reached maximum medical improvement, meaning no further care will make the injured person better. Of course, part of a demand includes providing all relevant medical records, medical bills and lost wage documentation, as well as possibly obtaining expert witness and physician reports in some cases.

Once the opposing party’s insurance adjuster receives the demand letter, written by your personal injury lawyer, the settlement negotiations can begin. Such negotiations will take place among you, the insurance adjuster, and your legal team, however, your lawyers will speak on your behalf. Although an insurance adjuster will usually call you within one to two weeks of receiving the demand letter, the first document you will likely receive after sending it is a Reservations of Rights letter.

Demand Letters and Reservations of Rights Letters

A Reservations of Rights letter is an official document sent by the insurance company to let you know they have received your demand letter and have decided to begin investigating the claim, but they reserve the right to not pay you anything if it turns out that the accident is not covered under the particular policy. See our blog, “The Difference Between a Reservations of Rights Letter and a Demand Letter” to learn more about these two important documents.

When Adjusters Do Not Respond

In some cases, insurance adjusters can take some time to get back to claimants. This is usually a result of being busy with other cases, or needing time to study the claim and review all the medical records. If they do not get back to you within 4 weeks of sending your demand letter, your lawyers to take action by contacting the claims department. If a specific date still cannot be set for the adjuster to respond to the demand letter, your lawyers might decide to go above their head and contact their supervisors.

How to Get Help With Your Indiana Accident Claim

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential personal injury claim with licensed Indianapolis accident attorneys you can trust. Our law firm offers free initial consultations and never collect lawyer fees unless we recover a settlement or judgment for you. We represent clients throughout the State of Indiana. Be sure to get started on learning more about your claim soon, before the Indiana statute of limitations runs out! The sooner you retain us, the sooner we can start collecting the evidence necessary to prove your case and before that evidence is lost.

Errors that May Waive a Counsel’s Right to Argue for Mistrial

Posted on July 14, 2015 by admin

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If counsel fails to ask the trial court to rebuke a juror during trial, has counsel, for purposes of an appeal, waived any claim of error for a mistrial? The Indiana Court of Appeals says, yes. Recently, in Upham v. Morgan County Hosp., 986 N.E.2d 834 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that the attorney’s failure to ask the trial judge for an admonishment of the jury pool waived the counsel’s right to argue for a mistrial later.

In order to be entitled for a mistrial, the defendant must be able to establish that the questionable conduct that occurred was so prejudicial and inflammatory that it placed the defendant in a “position of grave peril”. Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001), citing Gill v. State, 730 N.E.2d 709, 712 (Ind.2000).

For Example…

In Upham, the wife of a deceased patient brought a wrongful death action against a hospital and their physicians, for their failure to diagnosis her husband’s ruptured abdominal aortic aneurism. The medical review board ruled that the evidence supported a conclusion that the hospital met the applicable standard of care and a jury found for the hospital. On appeal the estate argued that the trial court should have ruled a mistrial after a prospective juror, a retired attorney for Eli Lily opined that malpractice suits were “the goose that laid the golden egg for trial attorneys and specifically plaintiff attorneys.” The plaintiff’s attorney further asked the prospective juror if he believed she was “taking this case just because she wanted an attorney’s figure” and didn’t believe in justice. While the prospective juror replied that he recognized counsel would receive one-third of any judgment, counsel did not ask the trial court to admonish the prospective juror regarding such prejudicial statements.

A trial court has discretion to grant or deny a challenge for cause, and such decision is appealable, as long as it is not illogical or arbitrary. Woolston v. State, 453 N.E.2d 965 (Ind.1983). If a juror serves and should have been removed for cause, the complaining party is entitled to a new trial, absent waiver. Haak v. State, 417 N.E.2d 321, 324 (Ind. 1981). Accordingly, on appeal, in order for a challenging party to prove that an erroneous denial of a challenge occurred and is entitled to a new trial without waiver, the party needs to show that they were unable to strike another objectionable juror because the party had exhausted their remaining peremptory strike.

Therefore, in Upham, The Indiana Court of Appeals held that counsel’s failure to ask the trial court to admonish the jury pool waived counsel’s right for a mistrial. Upon denying the counsel’s motion, the Court of Appeals said that Upham’s counsel invited much of the juror’s prejudicial statements.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional legal assistance in filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in accident law. They are happy to answer your questions about compensation, lost wages, medical bills, legal rights, and more, following a recent serious injury. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your consultation with a licensed personal injury lawyer in Indianapolis, today.

Personal Injury Settlement Checks

Posted on May 12, 2015 by admin

When a person is injured in an accident and sues for compensation, upon winning their case they should receive a financial settlement in the form of a check. This can take up to two years depending on the number of appeals, which is a common occurrence for personal injury lawsuits. Continue reading to learn about the process behind receiving a financial settlement after winning a personal injury lawsuit and more.

Personal Injury Lawyers 317-881-2700

Order of Settlement

After a case is settled or a trial is won, a personal injury lawyer has the responsibility of relaying this information to the court. When the court is informed that a case has been settled, they issue an “order of settlement”, which obligates both parties to completing a series of settlement paperwork. Depending on the state or the court, this paperwork must be completed and returned to the court within 30 to 60 days. One of the most vital components to the settlement paperwork is the release.

Release Documents

The defense attorney is responsible for preparing the release document. It is a document that underlies and sets forth all the terms of the settlement. Although this document can be narrowed down to a few short pages, it is common for defense attorneys to take their time on a release document, filling it with thick legalese reaching up to 20 pages long or more. Upon completing this release document, the defense lawyer will send it to the plaintiff’s lawyer for approval.

A release can be completely honest and direct, or it can be quite objectionable. This is why the accident attorney needs to approve it before it is finalized. This segment of a personal injury settlement can take some time because both attorneys have to come to an agreement. It can take days or even weeks to come to a reasonable consensus, delaying the entire settlement process. But in the case that the two attorneys cannot agree on the release, they will ask a judge to make the decision for them.

Now, when the release is agreed upon by both lawyers, the personal injury lawyer will send the release document to their client to review it and sign it. It is common for clients to do this in the presence of a licensed notary, perhaps in triplicate, for this part of the process. It is important for injured clients to carefully read through the release and asking their lawyer any pertinent questions about the document before adding their signature in front of a public notary. This is because there is no opportunity to alter this document once it has been signed and sent back to the defense attorney.

The Settlement Check

A settlement check is sent directly to the client’s lawyer, not the client or their insurance company. Again, this can take a couple of years to actually receive in the mail, depending on the amount of appeals and the productivity of the appellate court. This check generally will have the names of both the client and the attorney. This means it will need to be endorsed by the client before it can be deposited into their lawyer’s client-trust account. Once in this account, the lawyer will deduct their share of the settlement, which should have been negotiated at the time of hire. Another check will be issued by the law firm to the client of the remaining settlement amount.

Clients should ask their attorneys for a copy of the settlement check, or all checks totaling the settlement amount, sent by the insurance company, as well as, a financial breakdown sheet of the settlement, BEFORE the check is deposited into an attorney client trust account. This is the lawful right of every personal injury client.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a personal injury lawyer in Indianapolis about filing an accident claim, today. Lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished, seasoned accident attorneys with extensive trial and litigation experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your case. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.