Types of Damages Awarded for Victims of Injury

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Under tort law, when a person is a victim of a civil wrong-doing, a court may award damages to compensate them for their injuries and losses. Assessing the amount of damages is often a difficult and complex process since so many variables influence the final determination. A court must consider the losses or injuries of a victim’s person, property, and overall quality of life. Courts take this responsibility seriously since the law intends to help victims get back to the same state of life they were in before their accident.

It requires substantial evidence on behalf of the victim to recover the full and fair amount of compensation for the total amount of damages and losses. Evidence includes medical records, police reports, expense records, witness statements, interviews, and much more. But when the process of assessing damages is over, there are certain categories of damages that may be awarded. Continue reading to learn what three types of damages are awarded to injured victims and what they each represent.

Compensatory Damages

Compensatory damages are also called “actual” damages, since they are calculated by traceable and tangible losses. Compensatory damages have two subcategories: special damages and general damages. Special damages compensate victims for quantifiable economic losses, such as lost wages, hospital bills, medical expenses, legal fees, and property damage.

Special damages can also include incidental, speculative, and future damages if substantial evidence can prove future losses like prolonged therapy or loss of earning capacity. General damages, also referred to as hedonic damages, represent non-monetary losses, like pain and suffering. Pain and suffering can represent several losses, including mental anguish, loss of consortium, physical disablement, lost ability to work, reduced quality of life, wrongful death, grief, humiliation, damaged reputation, and more.

Punitive Damages

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Courts may also award additional punishable damages in special cases of egregiously offensive conduct. 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 monetary compensation). Punitive damages are awarded in cases where victims suffered losses as a result of anothers extreme maliciousness, brazenness, or flagrant 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.

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 when you need experienced Indianapolis personal injury attorneys you can trust. Seasoned accident lawyers Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to recover the full and fair compensation victims of wrongful injuries deserve. Our personal injury law firm provides free initial consultation and never collects attorney fees unless we recover a settlement for you. Get started on an effective path to restoring your life after a serious accident by calling our Indianapolis accident attorneys at
317-881-2700 to schedule an appointment today.

How to Avoid Bicycle Accidents While Riding Roadside

Bicycle  Accident Lawyer 317-881-2700

Bicycle Accident Lawyer 317-881-2700

Cyclists and bikers are involved in thousands of motor vehicle accidents each year. Although bike-riding is a fun and healthy activity for the whole family, it can make a person much more vulnerable if riding on the side of the road. This is especially true for those who frequently ride alongside busy streets and roadways. No matter how much experience and awareness a person may have as a cyclist, no one can never predict or trust the actions of others on the road. For this reason, protection and safety are vital.

Continue reading to learn how to be safer while enjoying the pleasures and perks of roadside cycling.

Bike Safety

By applying safe bicycling habits and practices, a person can avoid accidents and injuries from taking place. In order to avoid one of the most life-threatening injuries from occurring is wearing a helmet. Head and neck injuries are very serious and can even cause death in severe cases. By wearing a helmet, a rider can protect their cranium in the case of a sudden impact or fall. Helmets are basically bike safety rule number one.

For those who enjoy night riding, it is strongly suggested to wear proper reflective gear, as well as, reflective lighting on spokes and handlebars. By illuminating a cyclist, car and other traffic can spot the rider and avoid hitting them or causing them harm. Anyone can purchase reflective biking gear at any local sporting goods store or superstore. They are relatively inexpensive and come in a wide array of colors, sizes, and products.

Following all cycling rules, as well as all rules of the road, are important parts of safe biking. Bicyclists are not only responsible for following the cycling rules while riding, the must also obey all traffic signal and laws as well. This is especially important for those who commute to work or school on bike. Designated bike lanes should always be used on public roadways for protection against fast-moving traffic. Bikes will simply never be able to compete with a car, so if they come into contact with one another, the car will not suffer nearly as much damage as a bike and cyclist. By staying in the bike lanes, a person can avoid coming into the contact with traffic, or backing up traffic.

Bicycle Accidents in Indianapolis

If you or a loved one was recently injured negligently in a bicycle accident, contact a licensed and experienced personal injury law firm right away. Don’t let the statute of limitations run out before you have a chance to collect compensation for your damages. If you were truly injured as a result of another driver’s negligence, or the negligence of the city, you may be entitled to remuneration for your losses. You can recover for lost wages, time off work, medical expenses, hospital bills, pain and suffering, and much more.

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

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for details about bicycle accident injury claims in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions and concerns about a recent bicycle accident. We offer free initial consultations to assess your case and determine your eligibility for compensation. And we never collect lawyer fees unless we win your settlement! Call 317-881-2700 and speak with an Indianapolis personal injury lawyer today.

When is a Personal Injury Claim Rejected?

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a person or family experiences a tragic accident or serious injury at the hands of another company, entity, individual, or group of individuals, they often times seek legal counsel in order to pursue a personal injury claim. Many law firms that focus on personal injury claims will represent a case for free, initially, and only collect attorney fees if they win the settlement or recover compensation for their clients’ damages. In order for a personal injury lawyer to take on a person’s case, they must have a valid claim
that legally entitles them to remuneration.

If a victim of a personal injury has a claim that is not strong enough to win a settlement, a law firm may pass on representing them; however, if the client insists on pursuing their claim, a lawyer may do so for upfront, non-refundable fees. So what makes a case weak? And why do lawyers pass on certain cases and personal injury claims? There are several reasons why a personal injury law firm will deny a case and refuse to represent someone that has been seriously injured. Continue reading to find out why.

Personal Injury Claims

In order for a victim of a personal injury to successfully win a settlement for their damages, they must prove that they were injured as a result of another person’s negligence or carelessness; and at no fault of their own. There are several laws and stipulations that regulate these boundaries of negligence and fault, and lawyers are extensively well-versed in each of them. If they review a case that seems to have flaws or holes within it, they may not see value in representing the client because the case is weak.

Pedestrian Accident Lawyers 317-881-2700

Pedestrian Accident Lawyers 317-881-2700

For example, if a person is injured in a motor vehicle accident because the opposing driver failed to stop at a red light, they may have a valid case. A lawyer will assess whether or not the injured driver obeyed all traffic signals and laws; and if they did, they were injured as a result of direct negligence and is entitled to compensation for their damages. In this situation, a personal injury attorney would most likely accept this case and represent this client on a contingency fee basis, only collecting lawyer fees if they win a settlement.

In an opposing example, if a person was involved in a motor vehicle accident and suffered injuries, and there were clues that the injuries were the result of their own negligence, then a lawyer will deny representing their claim. If a driver rear-ended a person, and that person hit their head on the dashboard, suffering head injuries, then the accident and injuries were caused by the opposing driver; but, if the victim was not wearing a seat belt at the time of the accident, then the accident was still the opposing driver’s fault, but the victim’s injuries were a result of neglecting to wear a safety belt. Although this person may still be entitled to recompense for their damages, it is a weak case that may not pull through in a court of law.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations for injured victims, and never collect lawyer fees unless they win your settlement and recover compensation for your damages. Call 317-881-2700 and speak with a knowledgeable and friendly legal representative today about your recent personal injury in Indianapolis, IN and its surrounding counties.

The Steps to Hiring a Personal Injury Lawyer

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

After being injured in an accident that was no fault of your own, you need a competent and tough personal injury lawyer in your corner to protect your rights and ensure you receive the full and fair compensation you deserve. The potential compensation you may be owned is imperative to help pay for medical expenses, hospital bills, time off work, and additional financial losses. But if your accident and injuries were egregious, the courts may award punitive damages as well, in order to make up for losses such as pain, suffering, loss of companionship, loss of professional vocation, prolonged rehabilitation, permanent disfigurement, mental anguish, wrongful death, and much more.

A licensed accident attorney is the only one who will be your true advocate during your legal battles, and will stop at nothing to recover the compensation you deserve after an awful tragedy.When it comes to hiring a personal injury lawyer, there are a few recommended steps to take to ensure you find an experienced and competent attorney for your legal needs. Continue reading to learn which steps to take in order to find and hire the right personal injury attorney for your accident claim.

After the Accident

As soon as you, or a loved one, is capable of making a call to a personal injury law firm, this must be done. It is common to call directly from the hospital, because the sooner you retain professional legal counsel, the better your chances of recovering full recompense for your losses. It will give the attorney a head-start in investigating and researching your case, and allows them to gather all the necessary evidence and facts to negotiate your remuneration. It also allows them to speak on your behalf to insurance adjusters and other investigators, to make sure you do not say anything that can compromise your case. Make this call as soon as you are physically capable. If your accident was serious enough to be unconscious or unable to move, have a loved one make the call for you.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Personal injury law firms generally offer free initial consultations to discuss your accident and determine if you have a valid case. For this reason, there is no need to be anxious about making the call to an attorney since there is no out-of-pocket obligation whatsoever, until they win your settlement. That is right; most personal injury lawyers also work on a contingency fee basis, meaning if they do not recover compensation for you, you pay nothing for their services. This is a sure-fire way to know that a personal injury attorney is doing everything in their power to win you the compensation you deserve, otherwise they do not get paid either.

Research

For less extreme injuries, or those that show up after some time (which is very normal, especially in car accident cases), you may have some more time to look for a qualified attorney. Either way, be sure you call a personal injury lawyer that is experienced, esteemed in the community, and has represented similar cases to yours. This is a good way to gauge whether or not a lawyer is qualified to represent your case. Start online, looking up different personal injury law firms in your town. It is wise to read client reviews and check for licensing. There are attorneys out there that are dishonest and claim they practice personal injury law when they are actually a divorce lawyer or other practice area that is completely unrelated.

Take a Short Cut

If you want a short cut through all this hassle and research, simply trust one of the most well-known and respected law firms in Indianapolis:

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

Personal Injury Attorney Indianapolis

Personal Injury Attorneys Indianapolis 317-881-2700

Call The Law Firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and have practiced personal injury law for decades. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to schedule a free case evaluation with a respected personal injury lawyer in Indianapolis, IN today.

What is a Reservations of Rights Letter?

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.

What is the Difference Between Criminal and Civil Penalties?

There are two primary categories of law within our country’s legal system, civil law and criminal law. Within both categories, legal penalties can ensue for any guilty parties. To understand civil penalties and criminal penalties, it is best to first review what civil and criminal cases are defined as under law. Continue reading to learn about civil and criminal cases, their penalties, and their differences.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

Civil and Criminal Cases

Civil cases are cases in which a person, company, organization, or corporation files a legal complaint against another entity; that entity being any of the above mentioned as well. Civil cases generally deal with legal disputes between private parties, or negligent acts that resulted in injury or damages. The party filing the complaint in a civil court is called the plaintiff, while the party responding to the complaint is the defendant. This process is called litigation. In civil litigation, the plaintiffs ask the courts to “right” a wrong-doing by the defendant. This usually means paying some form of remuneration or compensation to the plaintiff party, or some other form of civil penalty.

Criminal cases deal with actual crimes committed by a defendant, rather than “civil wrong-doings.” These cases are filed by the government, often times the State, and are represented by a state prosecutor. Regular citizens cannot file a criminal lawsuit against a defendant; they instead, can only report the crime and leave the rest up to the ruling branch of government. A defendant will be found guilty or not guilty by the state, with a guilty ruling resulting in criminal penalties.

Civil and Criminal Penalties

Crimes are acts that prohibited and punishable by the government, and fall into two main categories depending on their seriousness: felonies and misdemeanors. Felonies are the more serious types of crimes, rendering jail time of one year or more, and misdemeanors are less serious crimes, rendering sentences less than a year. Examples of criminal cases include murder, assault, battery, armed robbery, theft, arson, embezzlement, and similar crimes against society that affect public safety.

Criminal penalties are those that penalize defendants for committing such crimes. Criminal penalties mostly include capital punishment (death penalty), jail time, incarceration, probation, legal fees, revocation of certain licenses, loss of certain rights, loss of citizenship, retribution, rehabilitation, and more.

Civil “wrong-doings” are acts that cause another person or entity harm, damage, or trouble. Examples of civil cases include personal injury lawsuits, fraud, negligence, breach of contract, harassment, and other similar wrong-doings. In contrast to criminal penalties, civil penalties generally involve monetary payment, or a court order to do something or not do something (i.e. a corrective action or restraining order). Also in contrast to criminal penalties, civil penalties are handed down by a judge, or settled out of court by opposing insurance adjusters.

Consult a licensed personal injury attorney right away if you believe you or a loved one is a recent victim of a civil wrong-doing or negligent accident. You may be entitled to compensation for your damages. Damages include but are not limited to: lost wages, pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, and much more.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience practicing personal injury law. They are seasoned accident lawyers that can prevail for you and your family following a serious injury, accident, or loss. You may be owed compensation for such damages and more. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with Indianapolis personal injury lawyers that truly care.

Personal Injury Settlement Checks

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

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

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.

Types of Legal Guardianship

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

In the case that an adult cannot make decisions for themselves, whether mentally or medically incapacitated, the state provides laws that allows an appointed individual to make decisions for them. These individuals are referred as guardians or conservators, and the people they are making important decisions for are referred to as wards. A person can be determined “incapacitated” when they lack the capacity to make responsible decisions regarding their life.

There are actually seven basic forms of legal guardianship, all of which we will define and discuss in this blog. Continue reading to learn more about the seven types of legal guardianship, and who to talk to for more information pertaining this topic and more.

Guardians and Conservators

In many states, these two terms are used interchangeably; however, in other states, the terms are used to describe a separate set of agendas. For example, a guardian has the power to make decisions for the ward, while a conservator is in charge of a ward’s property, assets, and finances. These roles are also referred to as “guardian of estate” or “guardian of person.”

Some wards require complete guardianship over all aspects of their lives, while others need less. Some wards are capable of managing themselves, but need help managing finances and property. Other wards require several types of guardianship, and retain it through a set of individuals, each responsible for a certain aspect of the ward’s life. Here are the seven most common types of conservatorship:

Limited Guardianship

In the case that a ward can make some, but not all, decisions for his or her life, they will be appointed a conservator with limited guardianship. This guardian has restricted control of a ward’s life.

Plenary Guardianship

Quite the opposite of limited guardianship, plenary conservatorship gives a person complete control of a ward’s life, property, and finances.

Short-Term Guardianship

If a legal guardian needs a person to stand-in for a short amount of time, they can appoint a “short-term” guardian without legal consent from court or judge. For example, if a guardian has to serve jury duty or be hospitalized, they can appoint a replacement guardian for a temporary amount of time.

Temporary Guardianship

In contrast to short-term conservators, temporary guardianship is used for cases of extreme and immediate emergencies. A person appointed as temporary guardian usually only retains the role for no more than 8 weeks; however this varies from state to state.

Testamentary Guardianship

A legal guardian can name another person in his or her will that will be their successor as legal guardian to a particular ward. This does require court approval.

Successor Guardianship

In the case that a legal conservator resigns, dies, or becomes incapable of fulfilling their role as guardian, a successor guardian is appointed. This person is either named in the original guardian’s will, or is appointed afterwards.

Standby Guardianship

When a new guardian has to be appointed, a standby guardian steps in for immediate backup. Until the legal documents and court approvals are complete, the standby guardian fills-in so there is no gap between conservators.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Keith Blazek, and Ralph Hoover retain extensive trial and litigation experience in accident law. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to learn more about filing a personal injury claim in Indianapolis, IN today.

Who is At-Fault in a Slip and Fall Accident?

Personal Injury Lawyers 317-881-2700

Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall accidents happen every single day. Whether it’s a torn rug, puddle of water, or unforeseen obstacle that causes the fall, someone is liable for the injuries that follow. The at-fault party could be the victim themselves, or it can be another person, company, property owner, or manager. In the case that the at-fault party is something or someone other than the fallen victim, a legal claim can be placed against them for liability for damages caused by the accident. In order to determine who at-fault for a slip is and fall accident, certain questions must be asked, and the circumstance must be investigated.

Continue reading to learn some more about how to determine who is at-fault for a slip, trip, and fall accident.

Liability and Reasonable Action

Who is liable for a victims’ injuries if they slip and fall on another’s premises? In order for the property owner to be liable, it must be true that:

• The owner, manager, or employee caused the obstacle that resulted in a person’s fall.

• The owner, manager, or employee know about the obstacle and neglected to eliminate it.

• The owner, manager, or employee should have known about the obstacle because a reasonable person in charge of the property would have found the obstacle and removed it before anyone was hurt.

Other considerations regarding a property owner’s possible liability includes:

• Was the obstacle there long enough that the owner, manager, or employee should have known about it and fixed it?

• Does the property owner have a routine agenda or procedure for inspecting the property for safety hazards? Do they have evidence or proof of regular property maintenance and upkeep?

• Was the obstacle that caused the slip and fall intentionally placed there for a good reason?

• Was the obstacle that caused the slip and fall intentionally placed there for a good reason at first, but the reason no longer exists and could have been removed?

• Could the obstacle in question been placed in a different area, out of the way of foot traffic, without further inconveniencing the property owner?

• Could a warning sign or barricade have prevented the obstacle from causing the accident?

Considerations to assess a victim’s own liability includes:

• Did a person’s behavior contribute to their own accident? Were they running, jumping, rough-housing, or horse playing?

• Did the victim fail to acknowledge warning signs or requests?

• Could the victim have acted more carefully?

• Would a reasonable or careful person have noticed the hazard and navigated more cautiously around or through it?

• Did the victim have a legitimate reason for being in the hazardous area? Was the reason one that the property owner should have anticipated?

The term, “should have” is very blurry one to use. This is why slip and fall accident claims are frequently examined by a jury and judge, and at-fault parties are determined by using common sense. There are several more details, laws, methods, and information not listed in this blog that are important to know and understand before moving forward with a slip and fall injury lawsuit. It is strongly encouraged to consult an Indianapolis slip and fall attorney for professional and accurate information and counsel. They retain the proper resources, knowledge, and experience to assess your case and determine if you have a valid claim. If a personal injury lawyer does in fact believe you have a valid case, you may be entitled to compensation for your damages.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for slip and fall accident claims and information in Indianapolis, Indiana. Our licensed slip and fall lawyers and legal teams are eager and ready to represent you after sustaining injuries from a slip, trip, or fall. We offer free initial consultations and never collect lawyer fees unless we reach a fair settlement for you. Call 317-881-2700 to schedule an appointment with Daniel Craven, or another licensed personal injury attorney in Indianapolis, IN today.

Can Anti-Depressants Cause Birth Defects if Taken During Pregnancy?

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

Many people are prescribed thousands of medications and treatments for infinite conditions and illnesses. One of the most common prescription drugs fall into the category of anti-depression medications. Anti-depressants have been used to treat emotional and mental illnesses in men, women, and children for several years, all over the world. They are generally prescribed by family and psychiatric doctors.

When it comes to these kinds of prescriptions, there has been a lot of talk about their effects on pregnancies in women. Families want to know if anti-depression medication can be linked to birth defects in newborn babies. We all know that pregnancy is a challenging and emotional time for a woman. For women who suffer from depression, most of the time a standard anti-depressant is prescribed to treat the condition. Although this has been a common practice in the medical world, there is now new studies that may prove that these drugs have the potential to cause birth defects and severe health complications if taken while pregnant.

SSRI’s and Birth Defects

There are many anti-depression medicines, many of which include SSRI’s or selective serotonin reuptake inhibitors. Several of these medications, as well as other non-SSRI anti-depressants, have been linked to birth defects when taken during a woman’s pregnancy. Unfortunately, due to the inconclusiveness of many studies, the medical communities are simply unsure on whether or not the link actually exists. This means doctors and psychiatrists are still prescribing pregnant women who are suffering from depression and anxiety, anti-depression medication.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

There is, however, evidence that one common type of anti-depressant causes a rare lung and heart condition in newborns. They are specific SSRI’s that include medications like Prozac, Celexa, Lexapro, Luvox, Zoloft, and Paxil. The lung condition that has been linked to these drugs is called Persistent Pulmonary Hypertension or PPHN. It is a very serious condition found in newborn babies that requires 24 hour comprehensive supervision and medical treatment. Unfortunately, even with intensive treatment, most babies will not make it. Their circulatory system is simply not strong enough to deliver oxygen to the soft tissue of the lungs and other major organs. As a result, babies suffer shock, brain hemorrhaging, heart failure, and many other serious complications.

If you or a loved one was pregnant and taking prescription anti-depressants like the ones mentioned above, and a child was born with health problems, contact an Indianapolis Medical Malpractice Lawyer right away. They retain the proper resources to investigate a case and determine if medical malpractice has occurred in any way. You could be entitled to compensation for your family’s damages, pain, and suffering.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, Indiana today. Craven, Hoover, and Blazek P.C. retains the state’s most accomplished accident attorneys and legal teams. Attorney, Daniel Craven, has more than 30 years of litigation and trial experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a friendly and knowledgeable legal representative about your potential medical malpractice claim in Indianapolis, IN and its surrounding counties.