Unraveling the Calculation: What’s Your Indiana Personal Injury Claim Worth?

Posted on April 12, 2024 by admin

Navigating the complex web of personal injury law can be an intricate and emotional undertaking. For residents of Indiana who find themselves in the unfortunate position of being injured due to another person or entity’s negligence, understanding the nuances that affect their personal injury settlement value is paramount.

The road to financial justice is paved with various factors that converge to determine what compensation you may be entitled to. This blog post will serve as a guide to help you understand the key elements that contribute to your Indiana personal injury settlement value. Let’s get started!

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The True Value of Your Personal Injury Claim

Securing a fair personal injury settlement is an intricate equation. While some aspects are straightforward, others dwell in the subjective realm, often leading to questions about the ‘true’ value of a claim. In Indiana, certain fixed elements, such as medical bills and lost wages, are objective and quantifiable. However, the state’s legal framework introduces other variables, including the concept of comparative fault and the statute of limitations. It is the interplay of these factors that ultimately crafts the final settlement or verdict number.

Types of Personal Injury Damages That Impact Settlement Values

Medical Expenses

The most visible pillar of a personal injury settlement is the reimbursement for medical treatment. Indiana law tries to ensure that injured parties are fully compensated for all reasonable and necessary medical costs related to the accident. This includes emergency services, surgeries, rehabilitation, and ongoing therapies. The measurable nature of these expenses makes them one of the cornerstones in determining settlement values.

Lost Earnings

If your injury has resulted in missed work, diminished capacity to earn, or an inability to perform your job, Indiana law allows for compensation on these grounds. Lost wages are more than just the income missed during recovery; they also factor in future losses related to the injury. Financial stability is a crucial component of personal well-being, and lost earnings are a clear depiction of the impact of the injury on a person’s life.

Permanent Disabilities

In cases where an injury leads to a permanent disability, the settlement value must reflect the life-altering repercussions. The loss of future earning capacity, reduction in quality of life, and necessary changes to daily living represent costs that extend far beyond a one-time ordeal. Indiana law is structured in an attempt to provide full and fair compensation for these profound, irreversible changes in a victim’s life.

Pain and Suffering

Quantifying the psychological and emotional injury, often described as pain and suffering, is one of the more abstract components of a personal injury settlement but it is a vital element of damages under the law. The State of Indiana recognizes that an accident victim’s suffering is not solely physical and includes provisions for emotional distress, post-traumatic stress, and loss of enjoyment of life. Although challenging to articulate in monetary terms, this category forms an integral and maybe the most important part of the final valuation.

Indiana Tort Law in the Balance

The state’s legal statutes cast a shadow that defines the potential scope of a personal injury settlement. Understanding these laws is essential to comprehend the leeway and limits that judges, juries and insurance companies have in assessing a claim’s worth.

Comparative Fault Rule

Indiana abides by the modified comparative fault rule. This stipulates that an injured person can collect damages from any other at-fault party [and thus their insurance carrier], except when they are found to be 51% or more responsible for the accident. The percentage of blame attributed can significantly impact the settlement amount. It’s not uncommon for insurers to argue for a shared fault scenario to reduce their payouts, making it crucial for claimants to defend their rights with evidence and expertise.

Statute of Limitations

Indiana’s statute of limitations for most personal injury claims is two years from the date of the injury. Failure to file a claim within this window can result in the forfeiture of your right to seek compensation. Time is of the essence in bringing a claim, and procrastination can be a costly mistake. The legal deadline sharpens the urgency to act fast and accurately in pursuit of a settlement. Some claims in Indiana cannot be pursued unless a tort claims notice is provided within 6 months so hiring an attorney promptly is essential.

Maximizing Your Claim Value

Armed with the knowledge of the factors at play and the legal framework, personal injury victims can take practical steps to fortify their position and potentially enhance their settlement value.

Documentation is Vital: Comprehensive and timely documentation of the accident and its aftermath is crucial. Gathering police reports, medical records, photographs, videos and witness statements is vital for your claim.
Immediate Medical Attention: Seeking medical treatment immediately after an accident not only safeguards your health but also creates a medical record and documentation of your injuries. A prompt assessment by a healthcare professional contributes to the veracity of your claim.
The Silence of Social Media: Insurance companies often scour social media for any sign of weakness or vulnerability in a claim. Refraining from posting about your accident or injuries, or life in general, prevents potential arguments against your claim.
Legal Counsel: Immediately consulting with a seasoned personal injury attorney is perhaps the most important step in the claim process. An experienced lawyer comprehends the legal nuances, navigates the claim complexities, and advocates for your best interests.
Insurance Companies: It is important to speak with your own legal counsel before talking with a defendant’s insurance carrier. The insurance company’s job is to make money. It is a multi-million-dollar business. They are not in existence to help you or to be fair. Hire an attorney before you speak with them.

FINAL THOUGHTS

For Indiana’s personal injury victims, the determination of your settlement value is an intricate combination between the objective and the subjective. It is rooted in the tangible trail of expenses and loss yet extends to the intangibles of personal pain and suffering. The state’s legal backdrop paints a structured but dynamic canvas on which this value is plotted. Your active engagement in the claim process, bolstered by awareness and strategy, can lead to a more robust , full and fair final settlement.

If you or a loved one is an Indiana resident who has been injured here or in another state or are a resident of another state injured here in Indiana, do not leave your personal injury settlement value to chance. The law is complex, and insurers are formidable opponents. Seek out legal counsel that specializes in Indiana personal injury law. Your future deserves the best chance at justice and fair compensation.

Take the first step towards understanding and securing your settlement value, today. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, one-on-one consultation with an experienced personal injury litigator in Indianapolis, Indiana. Call now before time runs out on your claim.

Know Your Rights: Strategies to Secure Full and Fair Personal Injury Compensation

Posted on January 23, 2024 by admin

In the aftermath of an accident, understanding your rights and the compensation you are entitled to is essential. This blog post will help guide you through the often complex landscape of personal injury settlements, illuminating the types of damages awarded and how compensation is calculated. When suffering from personal injuries, you may be entitled to general damages, punitive damages, and compensation for various losses you’ve endured.

It’s important to remember that securing full and fair compensation is often a rigorous process, requiring the expertise of an accident lawyer. Continue reading to navigate the world of personal injury compensation confidently, ensuring you don’t settle for less than you deserve.

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Types of Damages Awarded to Personal Injury Victims

When discussing personal injury settlements, it’s crucial to understand the types of damages you may be entitled to receive. Personal injury cases can result in various types of damages awarded to the victim. These damages can cover a wide range of losses, including medical expenses, lost wages, pain and suffering, and property damages.

General damages are awarded to compensate the victim for tangible monetary losses, such as medical expenses, hospital bills, and lost wages. Non-economic damages, like pain-and-suffering and loss of enjoyment of life, can also be awarded depending on the nature of the case. These damages are more subjective and thus, more challenging to quantify, but they may include damages for psychological injuries as well.

Punitive damages can be awarded in situations in which the defendant’s actions are seen as intentionally harmful or reckless, aimed to punish the offender and set an example for others. The total amount of damages awarded often depends on the severity of the injury, the long-term effects on the victim’s life, and other mitigating factors.

Overall, it’s essential for plaintiffs to work with an experienced personal injury lawyer to ensure that they receive financial compensation for all of the damages they have suffered.

Calculating Personal Injury Compensation

When determining the amount of payment that you are entitled to, several factors come into play. These may include medical expenses, lost wages due to missed work, property damage, and overall pain and suffering caused by the accident. To determine the value of your case accurately, it’s vital to keep and accumulate records of all the expenses and losses you’ve incurred as a result of the accident.

The process of calculating personal injury compensation can be complex, and it’s crucial to seek the assistance of an experienced Indiana injury attorney. They have the expertise to evaluate your case thoroughly and negotiate with insurance companies or represent you in court. Hiring a personal injury lawyer will provide you with the best chance that you receive full and fair compensation for your losses and helps alleviate the stress of navigating the legal process on your own.

More on the Importance of Hiring an Accident Lawyer

Pursuing a personal injury claim for compensation can be overwhelming, especially when you’re dealing with physical and emotional injuries. In addition to guiding you through the process, an accident lawyer will have your best interests in mind and strive to secure a full and fair settlement. They have extensive knowledge of Indiana personal injury law and can navigate the complexities of negotiations or legal proceedings. Moreover, insurance companies may try to take advantage of your lack of legal knowledge and offer a lower settlement amount than you deserve. An accident attorney will fight for your rights and ensure that you receive proper compensation for all damages and losses incurred.

Conclusion

In conclusion, understanding your rights as a personal injury victim and the types of damages awarded is crucial in securing full and fair compensation. It’s essential to keep records of all expenses and losses incurred and to obtain the medical care necessary to get you back to where you were before the injury, and hiring an accident lawyer can greatly benefit the outcome of your case. Remember, you deserve to be fully compensated for any injuries or damages caused by another party’s negligence. Don’t settle for less than what you are entitled to and seek the help of an experienced accident lawyer to ensure your rights are protected. So, if you or a loved one has been injured in an accident, don’t hesitate to seek legal advice and fight for the compensation you deserve.

Remember, knowing your rights is the first step towards securing full and fair personal injury compensation. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. We can hold meetings in our office, or, if you cannot travel, we can speak over the phone or at your place of medical in-patient care. Call now before time runs out on your claim!

Information About Personal Injury Structured Settlements

Posted on August 12, 2022 by admin

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

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

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The Benefits of Structured Accident Settlements

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

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

Additional Advantages of Structured Payments:

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

Disadvantages of Personal Injury Structured Settlements

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

Timeline for Receiving a Structured Settlement

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

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

Are you looking for a seasoned personal injury law firm to obtain the maximum settlement for your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. You can speak directly with a trusted and experienced Indianapolis personal injury lawyer over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

Posted on February 9, 2022 by admin

Every personal injury case is different, especially when it comes to timelines. The length of time an injury case takes to settle will depend on several factors, including the lawyer’s professional ability, congestion in the courts, the at-fault party’s insurance carrier’s reasonableness, the claimant’s reasonableness in deciding to accept or reject a fair offer, and much more. If you are currently involved in a personal injury case, you are likely eager to settle, but you should only settle your case if you are getting full and fair compensation, based upon all the facts of the case.

Continue reading to learn the top three reasons why personal injury claims take time to settle or go to trial, plus who to consult for more answers to your accident case questions.

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Top 3 Causes of Accident Claim Delays

Do you feel as if your personal injury claim is taking longer than usual to reach a settlement? Well, before you place the blame on your lawyer or surrender too quickly to a low-ball offer, look at these 3 common reasons that contribute to accident claim delays:

1) Challenging Legal Matters and Disputes

The basis of virtually all personal injury claims comes down to two elements: first, establishing fault by proving negligence, and second, proving the full value of a victim’s damages and losses. If your personal injury case poses convoluted or challenging legal issues, such problems can make a case take longer to resolve. This is typically due to the argument of proving liability.

In a negligence lawsuit, the claimant, or plaintiff party, carries the burden of proving their case. In order to do so, they must provide evidence to establish that the opposing party had a duty of care, breached that duty of care, and as a result, caused an accident that led to serious losses and damages of the victim or to their surviving family.

2) High Settlement Case

If your personal-injury claim is one that involves a significant amount of money in terms of damages and demanded compensation, it can cause the case to drag out a bit longer. When such quantities of money are involved, more negotiations are likely to occur because insurance companies simply won’t payout more than they have to unless they have done their due diligence. An insurance company will investigate a big money case longer for a few reasons, but mostly if they don’t already have a good defense on the claim, or they believe that a claimant’s injuries and damages are not as severe as they have alleged them to be.

3) Maximum Medical Improvement (MMI)

If you are still receiving medical treatment for the injuries you suffered as a result of your wrongful accident, you have not yet reached maximum medical improvement (MMI), the point in which your injuries can no longer be improved. It is important to have patience while receiving medical treatments for the injuries caused by your accident because you could be entitled to further damages, such as permanent disability, loss of consor t ium, loss of companionship, loss of ability to work, future pain and suffering and more. You never want to settle a personal injury claim until you have reached maximum medical improvement. This way, you can ensure that you are given a settlement that covers all your losses and damages, both past and future.

Our law firm does not get paid until we obtain a settlement or verdict for you. That being the case, we strive to obtain a settlement or verdict as quickly as possible for our clients, but with the understanding that the settlement must be full and fair, based upon all the evidence for the case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled civil litigator and discuss your pending personal injury lawsuit in Indianapolis, Indiana. We represent injured persons throughout the state of Indiana.

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The Most Common Types of Damages Awarded in Personal Injury Lawsuits

Posted on March 1, 2021 by admin

Those who are injured wrongfully by a reckless or negligent party should not be financially liable for their damages and losses. Wrongfully injured victims deserve justice, and that justice by law comes in the form of full and fair compensation for everything from medical expenses and hospital bills, to lost wages, pain, suffering, disability, and much more. These types of losses all fit under one of two categories of damages, economic and non-economic. Within these two umbrella categories lies several other types of damages that are and should be awarded in personal injury cases. As an injured victim hurt in an accident that was not your fault, you deserve to know which types of damages you are entitled to under the law.

Continue reading to review the most common types of damages in personal injury lawsuits, and where to get trusted advice on your claim.

Economic and Non-Economic Personal Injury Damages

Economic damages represent quantifiable losses that are documented, and therefore, can be more precisely calculated. Examples of such damages include hospital bills, medical expenses, gas money spent traveling to and from doctor’s visits, lost wages from missing time at work, and similar out-of-pocket costs. Non-economic damages are the opposite, as they are more difficult to put a figure to. However, these types of damages are even more impactful and deserving of compensation, such as pain and suffering, emotional trauma, mental anguish, loss of consortium, loss of ability to work, permanent disfigurement or disability, and similar losses experienced by a personal injury victim.

⚖ Compensatory Damages – Economic damages, like hospital bills and medical treatment, are types of compensatory damages, or actual damages. They can be traced and calculated.

⚖ General Damages – General damages are also known as hedonic damages, and they represent non-economic damages like pain and suffering or reduced quality of life. These are the damages that injured persons are entitled to under the law and any settlement or award for these types of damages should be substantial if the injury was substantial.

⚖ Special Damages – There is also another category known as special damages, which are awarded for things like property damage, legal fees, and even incidental and future damages, if eligible.

Punitive Damages

Courts may also award additional punishable damages in special cases of extreme offensive conduct including gross negligence. These are called punitive damages, or exemplary damages, and are more intended to reprimand the wrong-doer rather than award the victim (although the victim still receives a percentage of the monetary compensation awarded). Punitive damages are awarded in cases where victims suffered losses as a result of another’s maliciousness, brazenness, or gross negligence. They are intended to set an example, as well as reform the wrong-doer and deter others from similar immoral behaviors.

Aggravated Damages

Aggravated damages are not a separate category of damages, but rather an extension of general damages that fall under compensatory damages. Aggravated damages are essentially the same as punitive damages, since they are awarded for cases of egregious invidious conduct, however, they are directly compensatory in nature. Punitive damages are meant to punish, whereas aggravated damages are meant to monetarily compensate a victim for aggravated injuries sustained by a defendant’s extreme malevolent conduct.

To learn more details about the common damages awarded in a personal injury claim, speak with a licensed Indiana accident lawyer who has the knowledge and experienced necessary to obtain the full and fair compensation you deserve as a wrongfully injured victim.

Learn More About Making a Personal Injury Claim in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to being compensated for your damages and losses after being wrongfully injured in Indianapolis, Indiana. Our seasoned personal injury lawyers retain extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

You Might Also Like:

The Difference Between General Damages and Punitive Damages
Legal Facts About Pain and Suffering Damages in Indiana
How to Get the Maximum Settlement for Your Indiana Accident Lawsuit

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Top 3 Things You Can Do to Maximize Your Accident Settlement

Posted on October 20, 2020 by admin

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.

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.

SCHEDULE A FREE CASE EVALUATION TODAY. We provide consultations over the phone, via online conference, or in-person at our office located in Indianapolis, Indiana.

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.

Craven, Hoover, & Blazek P.C.

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