Basic Personal Injury Definitions You Need to Know for Your Claim

Posted on December 17, 2018 by admin

If you or someone your love is a recent victim of a personal injury, your next step is to contact a licensed personal injury lawyer to discuss your case and learn the best course of action for making a claim for compensation. In the meantime, it helps to familiarize yourself with some of the most basic terms and definitions regarding personal injury claims.

Continue reading to review a brief description of some fundamental personal injury terms and principles.

Personal Injury

A personal injury is any type of harm or damage incurred by a victim, either physically, mentally, or emotionally, as a result of another person or entity’s negligence. Personal injuries take place when another person or entity (i.e. people, businesses, corporations, enterprises, companies, organizations,workplaces, etc.) demonstrates carelessness or negligence in a situation that subsequently causes injury or damage to another person. An important fact to remember is that a personal injury happens to an actual individual, as opposed to property or commodities.

Negligence

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. In order for a victim to recover compensation for their losses following a serious accident, they must be able to prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Contributory negligence is the legal concept that refers to the situation in which an injured person is a contributing factor to their injuries. This is common in motor vehicle accidents and slip and fall accidents. In contrast, comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent.

Tort

A tort is a civil wrong-doing. It is an action, either purposeful or unintentional, that causes injury or harm to another person. The word “tort” actually means “to harm, twist, or wrong” in Latin. Damages resulting from such civil wrong-doings are remedied by tort laws, generally by awarding compensation. Rather than being prosecuted by state or national governments, civil lawsuits are generally pursued by the plaintiffs or victims themselves, privately. See our article, “Common Examples of Intentional Torts” to learn more about intentional and non-intentional torts.

When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts.The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. Unlike negligent torts, intentional torts can lead to imprisonment and jail time.

Duty of Care

Establishing a party’s duty of care is the primary step in a personal injury case. Negligence can be defined in many ways, but there are two fundamental factors that makes the basic concept most evident. These two factors are “duty of care” and “breaching” that duty. Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental.

A personal injury lawyer will work to prove that the opposing party had a responsibility and failed to uphold that responsibility,causing another person to get injured or killed. They want to show the court or judge that a defendant breached their personal duty of care, which led to an innocent person getting seriously 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.

Indiana Personal Injury Lawyers Who Can Help

Call The Law Office of Craven, Hoover, and Blazek P.C. at317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim.We are eager to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Auto Insurance Terms You Need to Know as a Car Accident Victim

Posted on September 4, 2018 by admin

All drivers should have a basic understanding of their auto insurance policy. This is especially true for anyone injured in a car accident. This awareness can also help victims if you have to make a personal injury claim. A good place to start is by learning the common auto insurance terms used in the industry.

Continue reading to review some basic terminology surrounding automotive insurance claims and policies, as well as where to get started with your car accident claim.

Indianapolis Car Accident Attorneys 317-881-2700

The terms and definitions listed below are likely to vary from state to state. Be sure to check with your insurance provider to confirm the details of your state’s particular auto insurance laws and policy limitations. If you have questions about making an accident claim, it is vital that you speak with a seasoned Indianapolis personal injury lawyer for professional advice and assistance you can trust.

Here are some common auto insurance terms you may come across:

Accident Forgiveness – While most providers will increase a policy holder’s premium after causing an accident, policies with accident forgiveness will not add a surcharge after a car accident.

Adverse Carrier – The insurance carrier of the other party involved in a car accident.

Appraisal – The estimation of the property damage and the cost to have it repaired.

At-Fault – The party who is legally responsible for damages resulting from an accident.

Binder – A provisional insurance contract that provides proof of insurance coverage until a permanent policy can be allotted.

Bodily Injury – Injuries sustained by individuals involved in an accident.

Claim – The formal request to an insurance company for compensation following a car accident.

Comparative Negligence – Victims who are partially at-fault can collect a partial amount of compensation for their damages and losses based on the percentage of their contribution to negligence. See our article on The Difference Between Comparative and Contributory Negligence.

Coverage – The overall protection and benefits provided by an insurance policy contract.

Covered Person – Those who are insured under a car insurance policy.

Damage – Harm or loss to a person or property.

Deductible – The fee the insured party must pay in order for their insurance company to pay their claim.

Proof of Financial Responsibility – A law mandating that all drivers must retain the state’s minimum amount of liability insurance coverage to legally operate each vehicle they own (Indiana’s requirement is 25/50/25 minimum liability insurance).

Indemnification – Compensating an injured party for the purpose of restoring their estimated financial position and quality of life back to what it was before an accident.

Liability – A legal and imposable obligation for the losses and damages suffered by an accident victim.

Liability Insurance – Car insurance coverage that defends against claims that a driver’s negligence cause a victim bodily harm or property damage.

Limits – The maximum benefits an insurance company will pay for losses and damages covered in an insurance policy.

Loss – The amount of money assigned to a claim.

Negligence – Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.

No-Fault Insurance – A policy that covers medical treatment, lost wages, and other accident-related expenses, regardless of who is at-fault for an accident.

Per Occurrence Limit – The maximum benefits paid by an insurance company for all claims stemming from a single incident.

Per Person Limit – The maximum benefits paid by an insurance company for a single person’s injuries arising from a single incident.

Personal Auto Policy (PAP) – A simple, rudimentary automotive insurance policy that provides coverage for liability, medical payments, uninsured and underinsured motorists, and physical damage protection.

Personal Injury Protection (PIP) – A type of medical payments coverage in which all or a portion of medical expenses and hospital bills (driver and passengers) are paid for, no matter who is to blame for an auto accident. See our blog on Discussing Personal Injury Protection (PIP).

Policyholder – The individual who owns the policy. It may also include anyone covered under the policy.

Premium – The amount paid for an automotive insurance policy.

Property Damage Liability Coverage – This covers any property damage done to another person’s property in the case that a driver is at-fault for their accident.

Replacement Cost – The total cost to replace damaged property, with the exclusion of depreciation reductions.

Split Limits – An imbursement strategy used by the insurance company to pay for individual components of a car accident.

Underinsured – A policyholder who does not retain enough insurance coverage to cover all related damages in a car accident.

Unsatisfied Judgment Fund – A state fund intended to compensate individuals for any losses sustained from an automobile accident caused by an uninsured/underinsured motorist, or person without money.

Get Started on Your Car Accident Claim Today

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis car accident attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.

Legal Disclaimer: Although every effort is taken to ensure the accuracy of this publication, it is not intended to provide legal advice. Individual cases differ and should be discussed with a lawyer.

Can I Sue if I Am Partly to Blame for My Personal Injury?

Posted on February 8, 2017 by admin

Personal Injury Law Firm 317-881-2700

When a person is seriously injured in an accident by another person, they can be entitled to compensation for their losses and damages. But what happens if the personal injury victim is partially at-fault? In Indiana, there is an area of law that covers this topic. It is called comparative and contributory negligence, which we will discuss it further in detail, below. Continue reading to learn more about the Indiana comparative fault rule, and what to do if you are partially at-fault for an accident that caused you serious injury.

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. But if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. But they may be able to collect from their own insurance company. The Indiana comparative fault rule is intended to reduce the amount of damages in accordance to the amount of fault the victim contributed to an accident.

Common Scenarios

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

The most common types of accidents that involve contributory negligence are slip and falls and car accidents. Here is an example of how it could happen: Gerry is a little late to work, so he is driving a few miles over the speed limit. Then, a truck at the adjacent street turns left in front of him, resulting in a collision. Since Gerry was speeding, he is found to be 30% responsible, while the truck driver is found 70% responsible. So if the total amount of damages equals $20,000, Gerry would likely receive 70 percent of that total ($14,000) instead of the full amount.

There are various circumstances that can place blame on a personal injury victim. In the case of slip and fall accidents, property owners can refute their share of blame with these common arguments:

➨ The dangerous condition should have been obvious.
➨ The dangerous condition was blocked off by signage, cones, and tape.
➨ The victim was in an unpermitted area, or area where visitors are not allowed.
➨ The victim was wearing inappropriate footwear (i.e. high heels, defective shoes, etc.)

In the case of motor vehicle and pedestrian accidents, these arguments could be made to place fault on a victim:

➨ The victim was using their cell phone while driving.
➨ The victim was using their cell phone while walking across a street.
➨ The victim was inebriated.
➨ The victim crossed the road illegally.

If It Happens to You

Contact a licensed personal injury lawyer if you were involved in an accident that caused you serious injuries. They have the knowledge, experience, and resources to protect your right to compensation. They will use every strategy possible to reduce your liability in an accident.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indiana. We are seasoned Indianapolis personal injury attorneys who want nothing more than to recover the full and fair compensation for accident victims across Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

What Will Personal Injury Compensation Cover?

Posted on July 6, 2016 by admin

Accidents happen. But sometimes they happen because of human error or negligence. Common examples of personal injury cases include slip and falls, workplace accidents, car accidents, dog bites, medical malpractice, product defects, and assault. When a person is seriously injured in an accident because another person or entity was careless in some way, they can seek out monetary compensation for their damages and losses. Damages and losses differ from case to case, depending on the circumstances of the case, the extent of injuries, the extent of negligence, and more. Personal injury claims generally recognize and consider three types of “losses, called compensatory damages.

Personal Injury Lawyers 317-881-2700

Types of Losses

1. Economic Losses
2. Future Economic Losses
3. Non-Economic Losses (Pain & Suffering)

Compensatory damages are meant to cover a wide variety of expenses and associated costs. Although most of these costs and expenses are pretty obvious, there are many others that victims often unaware of. This is why it is important to hire an experienced personal injury lawyer if you or someone you love was recently injured as a result of another’s negligence. They have the knowledge and resources to navigate every aspect of your case, and recover the fair compensation you deserve.

Types of Economic Losses:

• Medical Expenses
• Hospital Bills
• OTC Medication Costs
• Prescription Costs
• Lost Wages
• Time Off Work
• Child Care Expenses
• Home Maintenance Expenses
• Fuel Costs (to and from doctors’ visits)

Types of Future Economic Losses:

• Prolonged Medical Treatment
• Physical Therapy
• Long-Term Care
• Future Medical Expenses
• Future Prescription Costs
• Future Hospital Costs

Types of Non-Economic Losses:

• 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

Contributory and Comparative Negligence

Depending on where and how your injuries occurred, some states use contributory negligence laws in personal injury cases. These laws prohibit personal injury victims from recovering compensation (or full compensation) for their losses if the accident was in any way their fault. Other states have laws that will grant victims partial compensation if the accident was only partially their fault.

However in Indiana, we are a comparative fault state. This means that if a victim is 50% or less “at-fault” compared to the other party (or parties), they collect compensation. But if a victim is more than fifty percent at-fault, they cannot collect compensation. It is strongly suggested to discuss your recent injury claim with an Indianapolis accident attorney that can determine the best strategy for your case.

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 if you were recently injured in an accident in Indianapolis, Indiana and its surrounding counties. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to discuss your case and determine what kinds of compensation are due to you. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a friendly office attendant to schedule an appointment, today.

Craven, Hoover, & Blazek P.C.

Tag Archives: Contributory Negligence