What is Premise Liability?

Posted on November 9, 2018 by admin

If a person is wrongfully injured on another’s property, they may be entitled to collect compensation for their damages and losses through a premise liability personal injury claim. Continue reading to learn more about premise liability, including some of the important organizations that helps influence regulations for such laws and how to make a claim for yourself or a loved one.

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A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more. Properties can be residential, commercial, governmental, municipal, and various other public or private owned properties. This includes schools, office buildings, restaurants, retail stores, museums, hotels, movie theaters, bars, malls, parks, playgrounds, residential homes, apartment buildings, swimming pools, and any other property that is open to the public.

Premise Liability Law

Premise Liability refers to is a set of laws that hold property owners accountable for any damages or losses suffered by victims of accidents that occur on their premises. This type of liability can vary depending on many factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. Cases of premise liability can involve various types of accidents and injuries; some of the most common being slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal attacks, pedestrian accidents, orthopedic injuries, burn injuries, swimming pool accidents, and more.

Premise Liability Organizations

Important organizations related to premise liability law in Indianapolis, IN are the National Association of Insurance Commissioners (NAIC) and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Making a Premise Liability Claim

The base objective for premise liability claims is to hold property owners accountable for any injury-causing accidents that take place on their grounds. This can be done by making a personal injury claim against the responsible party. If you or someone you loved has been negligently hurt in a serious accident on public property, you may be entitled to legal compensation. Contact an Indianapolis personal injury attorney right away to get started on your claim.

Indianapolis Personal Injury Attorneys

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury attorney, 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.

Can I File a Personal Injury Claim for Depression?

Posted on October 22, 2018 by admin

If you have suffered through an experience that was caused by another person or entity’s negligence, and as a result, you are diagnosed with depression or some other type of mental or psychological condition, you may be wondering about collecting compensation through a personal injury claim. Such cases are complex, so it is vital that you discuss your compensation claim questions with a licensed personal injury lawyer.

In the meantime, continue reading for some information that may also help, including who to call for trusted advice and assistance.

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Post Injury Depression

When accidents happen, injuries can be both physical and mental. In fact, according to the Sport Science Institute, “the psychological response to injury can trigger or unmask serious mental health issues such as depression (…).” In one study published by the U.S. National Library of Medicine, National Institutes of Health, a group of doctors examined the effect of post-injury depression on return to pre-injury levels of function. Results showed that 18.1% of patients tested were diagnosed with depression during the post-injury year.

Most often, victims of serious accidents will experience a long and painful recovery process in which they cannot return to work, nor enjoy their pre-injury activities and hobbies. It may lead to a strain in relationships with spouses, friends and family too. These dramatic life changes can result in a variety of emotions, such as anger, frustration, irritation, sadness, isolation, appetite changes, disturbed sleep, disengagement, a lack of motivation, and much more.

Recovering Compensation for Depression

In virtually all jurisdictions, victims of a personal injury can make a claim and recover compensation for depression, or any other type of harm to their mental health, so long as the condition is linked to their accident and resulting injuries. Depression would be referred to as a “non-economic loss”, just like pain and suffering, or any other type of negative impact on mental and emotional health.

If you believe you are suffering from a mental or other psychological condition as a result of a serious injury, and wish to be compensated for your condition as part of your claim for damages in an accident, it is time to discuss your case with a licensed Indianapolis personal injury attorney. They are the qualified professionals who can examine your claim and determine the best course of action for recovering compensation for your damages and losses.

How to Learn More About Your Claim

Personal Injury Law Firm
317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a workers’ compensation claim in Indiana. Our seasoned Indianapolis personal injury lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries in an accident that was not your fault. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!

Why Choose the Law Office of Craven, Hoover, and Blazek P.C. for Your Personal Injury Claim?

Posted on October 8, 2018 by admin

Indianapolis Personal Injury Lawyers
317-881-2700

If you or your loved one were recently injured in an accident, it is time to start protecting your rights to economic recovery. You need a seasoned and qualified personal injury lawyer managing your accident claim in order to recover the full and fair compensation you deserve for your damages and losses. The Law Office of Craven, Hoover, and Blazek P.C. has the aggressive and adept personal injury attorneys who can provide this service for you. Continue reading to learn more reasons why you should trust us with your accident claim.

Why Choose Us:

✦ No Upfront Lawyer Fees

One of the most admired attributes of our firm is that we do not require lawyer fees upfront, as we work on a contingency-fee basis. In fact, you pay nothing at all unless our law firm obtains a settlement or judgment for you. Aside from no upfront lawyer fees, there are several more reasons to choose us to represent you in your claim. We also offer free initial consultations to discuss your case, so there is no out-of-pocket obligation to have your case reviewed by a licensed accident attorney.

✦ We Represent a Wide Range of Claims

Furthermore, there is not a category of personal injury cases we do not represent. Our adept personal injury lawyers have represented a wide variety of cases over the past 30 years, from dog bite accidents and car accidents, to slip and fall claims, nursing home neglect, defective products, workers’ compensation claims, burn injuries, child injuries, wrongful deaths, and much more. And although we are based out of Indianapolis, we handle claims all throughout Northern, Southern, and Central Indiana and we represent persons from other states who were injured in Indiana.

✦ We Do Not Back Down

We start with a detailed and systematic review regarding the circumstances that surround our client’s accident so that we can begin to document a strong and impactful case against the opposing party. Through this firm and systematic approach, we have prevailed for numerous personal injury clients in Indiana. We use various resources and tactics to prove solid cases against opposing parties. We consult with field experts, interview witnesses, meet with industry leaders, retrieve necessary documents, obtain pertinent records, and more. And if the opposing insurance company refuses to offer a fair settlement out of court, we will not hesitate to take the lawsuit to trial.

✦ We are Accomplished and Seasoned Professionals

Our partners, Daniel Craven, Ralph Hoover, and Keith Blazek, are highly accomplished and reputable personal injury attorneys in Indiana with decades of tort law and litigation experience. We have enjoyed distinguished careers practicing law in Indiana as proud members of The Trial Lawyers of America, The Indiana Trial Lawyers Association, The Indianapolis Bar Association and several other notable associations. Since the beginning of combining the three of our personal and litigation experience into our practice in 1995, our practice has earned a solid reputation for providing aggressive, comprehensive, and quality legal advocacy for clients.

✦ We Care About Our Clients and Their Families

Personal Injury Law Firm
317-881-2700

Here at the Law Office of Craven, Hoover, and Blazek P.C., we understand the emotional, physical, and financial stress that follows a terrible accident or serious injury. Several people in our Firm, including the attorneys, have personally been injured in accidents. We can clearly guide you through the complex legal issues that surround your personal injury lawsuit in a way that is most comfortable for you. We encourage our clients to heal and recover in their personal lives while we handle the other aspects of their personal injury claim.

Contact us today at 317-881-2700 to schedule your free initial consultation and get started on your financial, emotional and physical recovery as soon as possible.

Should I Hire a Personal Injury Lawyer After an Accident?

Posted on October 2, 2018 by admin

After being injured in an accident, there are many questions and concerns on your mind, as well as the minds of your loved ones. Dealing with insurance companies after sustaining a personal injury can be challenging and tedious, especially for those who are not well-versed in insurance and tort law. For many more reasons aside from these, it is strongly encouraged to hire a personal injury lawyer after being hurt in an accident that was not your fault.

Continue reading to learn why this duty is so vital to your quality of life.

Indiana Personal Injury Lawyers
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Hiring an Attorney is Vital to Your Claim

Although you are not required by law to hire a lawyer in order to make an accident claim or file an injury lawsuit, it is strongly recommended. They have what it takes to negotiate settlements, navigate pre-trial processes, take your case to trial, and fight for the full and fair compensation you deserve.

Here are some of the top reasons why you want a lawyer in your corner:

☑ Legal Expertise

When it comes to obtaining the best possible outcome for your personal injury claim, it is critical to hire a personal injury lawyer for legal assistance. Seasoned personal injury lawyers are educated and experienced in tort law and litigation, and are capable of building a strong case on your behalf. The more serious the accident, the more necessary it is to have a lawyer on your side.

☑ Attorneys for the Other Side

When you sustain a personal injury, the defendant’s insurance company will seek to argue why your damages should be minimized. In fact, most insurance companies have staff counsel so the greater the injuries, the more likely it is that an attorney for the insurance company is involved with the claim behind the scenes from the beginning. If the other side has an attorney from the beginning of your claim, you should have an attorney as well.

☑ Peace of Mind

Not only are they qualified to properly obtain necessary evidence and present that evidence in an admissible form, they give clients peace of mind. Having an attorney handling your claim allows you to focus on your health and recovery, rather than worrying about how you are going to pay your rent, mortgage, hospital bills, and more. With less stress and anxiety, your body can better heal itself, overtime.
Greater Recovery

By hiring a personal injury attorney, you increase your chances at winning your case and recovering the full and fair amount of compensation you deserve. Cases are won and lost based upon the evidence and evidence can disappear if not obtained quickly. If you were to represent yourself, the chances of you being able to negotiate a fair settlement is much lower. You simply will not recover as much compensation as you would with a seasoned Indianapolis personal injury lawyer working your case.

How to Get Started on Your Personal Injury Claim

Personal Injury Law Firm
317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana. We represent personal injury clients throughout Indiana and residents of other states for injuries sustained in Indiana. Our licensed attorneys are eager to help you recover the full and fair compensation you deserve after being injured in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Qualities to Look For When Choosing a Personal Injury Attorney

Posted on September 21, 2018 by admin

Personal Injury Law Firm
317-881-2700

Now that you have decided to pursue a claim, your next step is to hire a reputable personal injury lawyer. There are dozens of law firms to choose from in virtually every town, so it can be overwhelming trying to make a distinction among them all. In order to narrow down the options, you must be on the lookout for certain professional merits in an attorney. Continue reading to learn which qualities separates the seasoned personal injury lawyers from the others.

Experience

The most important credential to look for in a potential personal injury attorney is experience. Do not rely on your cousin’s son-in law who just passed the state’s bar examination last year to manage your claim. There is a big difference between a junior associate just starting out at a law firm and a seasoned accident attorney with years of hands-on trial and litigation experience.

Practice Area

Personal injury law is made up of numerous practice areas, such as workers’ compensation, medical malpractice, nursing home neglect, premise liability, and more. Some personal injury lawyers may only concentrate on car accident claims, while others might provide estate planning legal services. Choose a personal injury lawyer who specializes in the type of accident claim you are pursuing. Keep in mind that it is common for lawyers to specialize in more than one practice area.

Lawyer Fees

Another influential factor in choosing a personal injury attorney is how much they charge. Most personal injury lawyers work on contingency, meaning they only get paid if they recover a settlement for their client. Most contingency fees are between 33% and 40%, but this can vary among professionals. Lawyer fees do not include other legal fees, such as court costs, filing fees, and other related legal expenses. These same law firms usually offer free initial consultations as well, so there is no out-of-pocket obligation when first meeting with a lawyer.

Partners

When you are choosing a personal injury lawyer to represent your claim, it is wise to select one that works with other partners. Although you do not need a huge law firm, it helps for your lawyer to have others around to assist them with investigations or case precedents if need be. Having various resources available is beneficial for the client and the lawyer.

Personality

The trickier part of choosing a personal injury lawyer is finding one with a personality that makes you feel comfortable. In order to have trust, you must feel like your personal injury lawyer is a good fit for your personal comfort level. Get to know them at your initial consultation to learn more about their practice style and overall disposition, and rely on your instincts when making a final decision.

The Law Firm of Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm
317-881-2700

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

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

Posted on April 10, 2017 by admin

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

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

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

Scene of the Accident Reports

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

Accident Claims

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

Indianapolis Personal Injury Attorneys

Indianapolis Personal Injury Lawyers 317-881-2700

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

What You Need to Know About Barred Claims and Filing Fees

Posted on November 7, 2016 by admin

Indianapolis Personal Injury Lawyers 317-881-2700

Will a personal injury claim be denied if the filing fee is not paid in full before the statute of limitations runs out? This is a common question among those who have suffered a serious injury and wish to pursue a claim against the negligent party; and a very important one too. If you are preparing to file an injury claim, you should know the answer to this question. Continue reading to learn how a claim can be barred if you do not pay the filing fees in full and on time.

Personal Injury Claims and Fees

In Indiana, in order to initiate a personal injury claim, you must pay the filing fees to the court in full BEFORE the statute of limitations expire. If you do not pay the full amount of filing fees to the court on time, your personal injury claim will be barred. Here is an example that demonstrates how serious filing fees are to a personal injury claim:

Indiana Court of Appeals Ruling in Hortenberry, Natasha F. v. Palmer, Thomas, 10A04-1301-CT-17:

Thomas wanted to file a negligent action claim against Natasha; but when he wrote a check to cover the filing fee, he mistakenly made it out for $2 less than the full amount due. Once the court clerk noticed the error, they notified Palmer who then sent in a check for $2 to cover the difference. The only problem was, by this time, the statute of limitations had run out. Even after several appeals, the courts relied on Trial Rule 3, which clearly states that payment of the requisite filing fee is required to initiate an action.

Hire an Accident Lawyer

The legal system is complicated, tricky, and tedious. It is important to discuss the details and agendas for your personal injury claim with an experienced accident attorney. They have the knowledge and resources needed to accurately guide you through the process to ensure your claim is handled with care. That is why it is crucial to hire a professional in the industry to help you through the process and protect you from lost compensation. There are many “do’s and don’ts” when it comes to personal injury cases, so be sure to speak with a lawyer as soon as you are involved in an accident that results in an injury.

Indianapolis Personal Injury Attorneys

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a negligent action claim in Indianapolis, Indiana. Our seasoned accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to help you recover the full and fair compensation you deserve after suffering a serious injury. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule a consultation with one of our esteemed Indianapolis personal injury attorneys, today.

Do You Want to Sue for a Broken Nose?

Posted on October 24, 2016 by admin

Personal Injury Lawyers Indiana 317-881-2700

A broken nose is a very painful injury. In fact, it’s one the most painful injuries you can receive to the middle of your face. In extreme cases, a broken nose requires corrective or reconstructive surgery. Not only can a broken nose be extremely painful and inconvenient, it can cost quite a bit of money, including lost wages, hospital bills, medical expenses, and more.

If you were recently struck in the face by another person or thing, and suffered a broken nose, you might want to consider filing a claim against the negligent party in order to compensate for your damages and losses.

Continue reading to learn more about suing for a broken nose, and how to determine whether or not you have a valid case.

Broken Nose Lawsuits

A broken nose can happen as a result of intention or by accident. Regardless of how a broken nose happens, you may have a valid claim against the negligent party who caused your injuries. If you are beat up by someone, and suffered injuries like a broken nose, you may be able to sue your aggressor for battery. Keep in mind that laws vary from state to state, so depending on where you live, the process for filing a lawsuit against a person for battery may differ as well. But in general, in order to sue someone for battery, you must be able improve four elements in your case:

Intent – First, you must be able to prove that your aggressor intentionally committed an act of unwanted contact, either towards you are another party.

Contact – Next, you must be able to prove that actual contact was made; either to your body or to your “extended personality”, such as a necklace, clothing, purse, or similar item attached to your body.

Injury – You must then prove that the manner of contact was harmful or offensive.

Damages – Last, you must prove that the manner of contact was the direct cause of your damages and losses, and that your damages and losses can be compensated with money.

If you suffered a broken nose as a result of an accident, you may still be able to pursue a lawsuit against the negligent party. Personal injury lawsuits, such as a broken nose, are mostly cases of negligence, which are also based on four elements that must be proven in order to win your claim. These elements include:

Duty of Care – You must be able to prove that the negligent party owed you a duty of care, such as keeping a hazard-free premise or driving carefully.

Breach of Duty – You must then prove that the negligent party breached the duty they owed you by not exercising reasonable care.

Causation – You must prove that their breach of duty was a direct cause of your injuries, and that they should have or could have foreseen that an accident would occur.

Damages – Just like a battery case, you must be able to prove that your damages and losses can be sufficiently compensated by money.

It is very complicated to prove each element of negligence in a personal injury case, and even more challenging to prove that you are owed compensation for your damages and losses. For this reason, it is important to retain the services of an experienced personal injury attorney who can fight for your rights and recover full and fair amount of compensation you deserve. They have the knowledge and skills necessary to prove your case and when your settlement.

Indianapolis Personal Injury Attorneys

Personal Injury Law Firm 317-881-2700

Call the law office of Craven, Hoover, and Blazek P. C. At 317-881-2700 to file a claim for broken nose in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to help you recover the compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule an appointment with one of our skilled Indianapolis personal injury attorneys, today.

The Most Serious Types of Car Accident Injuries

Posted on October 3, 2016 by admin

Car Accident Injury Lawyers Indiana 317-881-2700

Serious car accidents can lead to serious injuries; ones that place victims in the emergency room and even the mortuary. For this reason, driver, passenger, and automotive safety is critically important to protecting lives. When people are involved in traffic collisions, they can sustain a wide range of injuries, from superficial to severe. Superficial injuries generally recover within days with little-to-no medical treatment, such as minor bruises and airbag abrasions.

However, car accidents can result in serious injuries that require immediate emergency medical attention in order to prevent serious consequences and death. The most common types of serious car injuries range from serious to extremely severe, including whiplash, concussions, orthopedic injuries, and more. Continue reading to learn which car accident injuries are the most serious, and most common.

Severe Traffic Collision Injuries

Car Accident Injury Lawyers Indiana 317-881-2700

The most serious of injuries sustained from car accidents can lead to death if ignored and untreated, while many others can lead to death regardless of all the medical efforts made. If your loved one was recently killed in a car accident as a result of anothers negligence, contact a personal injury lawyer as soon as possible to file a wrongful death claim before the statute of limitations runs out in your state. They can recover compensation to cover funeral expenses, hospital bills, lost wages, loss of companionship, and more.

Serious Car Accident Injuries:

Compound Fractures – When a broken bone breaks through the skin and causes severe bleeding. This injury comes with a high risk of infection since the bone is exposed.

Tissue De-Gloving – When a portion of the skin is removed or torn off from the underlying tissue. This is common in motorcycle accidents.

Amputations – De-gloving injuries and more can lead to amputations of injured or affected extremities. Common amputations include ears, fingers, toes, hands, feet, arms, and legs.

Concussion – When the brain comes into contact with the inside of the skull as a result of a heavy impact or blow to the head. Concussions range from minor to severe. But severe concussions can lead to brain damage, internal bleeding, comas, and even death.

Brain Damage – Closed-head trauma. Brain damage can range in severity, but can cause cognitive impairment, learning disabilities, paralysis, blindness, and more.

Ruptured Organs – When an organ endures a heavy impact that causes it to tear. Rupture organs lead to internal bleeding in most cases. The most common include lungs, kidneys, and spleens.

Internal Bleeding – Internal hemorrhaging is blood loss that causes the accumulation of blood collecting inside the body cavity.

Coma – A state of unconsciousness that lasts more than 6 hours. It mainly occurs as a result of a heavy blow or impact to the head that injures the cerebral cortex or reticular activating system in the brain stem.

Car Accident Injury Lawyer

If you or someone you love was recently involved in a traffic accident and suffered serious injuries, you need to start thinking about your rights. When you are faced with confusing paperwork, expensive hospital bills, and aggressive interrogation from insurance adjusters, you need a personal injury law firm to help provide proficient guidance and legal support. A car accident injury lawyer can be the ones to handle all aspects of your injury claim, and potentially recover the full and fair compensation you deserve after suffering serious injuries from a car accident that was not your fault.

Indianapolis Personal Injury Attorneys

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need a car accident injury lawyer in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with our Indianapolis personal injury attorneys, today.

The 4 Elements of Negligence in a Personal Injury Case

Posted on August 2, 2016 by admin

Personal Injury Lawyers 317-881-2700

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. To recover compensation, victims must prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Continue reading for a closer look at each element of negligence.

❶ Duty of Care

The first aspect of proving negligence is to establish whether or not the defendant owed the victim a legal duty of care in any way. This could be between employer and employee, child and sitter, doctor and patient, school and student, and much more. For instance, an employer has a legal duty of care to provide employees with a clean and safe work environment, while a doctor has a legal duty of care to provide competent medical care for patients. In other examples, a nursing home has a legal duty of care to look after their residents, while drivers have a legal duty of care to drive safely when behind the wheel of a vehicle.

❷Breach of Duty

Once it is recognized that the defendant owed the plaintiff a duty of care, the plaintiff must prove that the defendant breached that duty. A defendant can breach their duty of care by either action or inaction. If a person does something, or fails to do something, that a reasonable person under the same circumstances would do, and it causes harm to another, they are acting negligently. For example, if a person is late for work and runs a red light to save time, and in running the red light they strike another vehicle and injure the driver, they will be found negligent in a court of law. In an example of inaction, if an employer fails to keep their premises up to code, and as a result their employees suffer from severe respiratory illnesses from mold inhalation, they can be found negligent.

❸Causation

It is not enough for a victim to prove that a defendant breached their duty of care. Plaintiffs in personal injury lawsuits must also prove that the defendant’s action (or inaction) was the direct cause of their injuries. But there is another aspect to causation. Courts will also assess and determine whether or not the defendant could have reasonably foreseen that their actions would or could injure someone. Accidentally causing someone harm through a random, unforeseen act of nature might not be looked at as negligent. However, if it is found that a defendant should have known that their actions or inactions would or could cause injury, then they can be found negligent in a personal injury case.

❹Damages and Losses

After proving all of the above elements of negligence, a victim must then prove their subsequent damages and losses. Word of mouth will not hold up in a court of law, so a victim must have proof and evidence of their damages and losses. Damages and losses can include medical expenses, hospital bills, lost wages, prolonged treatment, pain and suffering, mental anguish, permanent disfigurement or scarring, loss of companionship, loss of job opportunity, and much more. These losses can be proven with medical records, doctors’ statements, receipts, bills, witness testimony, and more.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your personal injury claim in Indianapolis, Indiana. Our Indianapolis personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help victims recover the full and fair compensation they deserve after being hurt in a serious accident. We offer free initial consultations to discuss your claim, and never collect lawyer fees unless we recover for you! Call 317-881-2700 to schedule an appointment, today.