Facts About Lost Wages in a Personal Injury Claim

Posted on May 14, 2021 by admin

There are many types of damages and losses a personal injury victim can incur as a result of their accident and subsequent injuries. But one of the most common types of losses experienced by accident survivors is lost wages. When a person is seriously injured, they often lose time at work due to frequent hospital or doctors’ visits, or miss work entirely because they are unable to perform their work duties. Without a steady paycheck, accident victims then go on to suffer other types of financial losses, such as house bills and car payments.

For this reason and more, it is important for wrongfully injured victims to recover the full and fair compensation they rightfully deserve, including damages for lost wages. A personal injury lawyer can help you obtain the maximum settlement or verdict for your accident claim if you lost past, current, or future earnings as a result of another’s negligence.

Continue below to learn more about lost wages, including how to prove them in a personal injury case and where to find skilled personal injury representation near you.

Indianapolis IN Personal Injury Law Firm 317-881-2700

Recovery After an Accident

Because injuries vary so greatly, so does the spectrum of recovery times. One person might recover within a few weeks, and able to return to work while they finish healing, while another person might spend years in recovery. Some personal injury victims never fully recover and lose their ability to work altogether. In all cases and scenarios, wrongfully injured victims deserve to be compensated for their lost income, as well as a wide range of additional damages, such as medical expenses, hospital bills, pain and suffering, mental and emotional anguish, permanent or partial disability, and much more as it pertains to the case.

Types of Lost Wages and Proving Them

There are various types of earnings a personal injury victim can lose out on, whether the victim is the actual injured person or a spouse or family member. The most common types of lost wages awarded in personal injury cases include hourly wages, overtime, sick leave, vacation days, bonuses, company perks, and benefits (i.e. insurance, social security, pension, etc.).

With so many kinds of wages paid to injured workers, it is necessary to prove such incomes with concrete evidence. The most common pieces of evidence used to prove a victim’s lost wages include pay stubs, tax documents, W2’s, a letter from the employer verifying a worker’s wages, a doctor’s note stating an employee cannot work, medical records, expert testimony, and basic data about their work schedule and weekly hours. If a victim is self-employed, their business’s banking records would be presented.

Future Lost Wages

Not only can personal injury victims possibly collect compensation for past and current lost wages, but they may also qualify to collect compensation for future lost earnings as well. This type of personal injury claim is referred to as a loss of potential to earn, and is often awarded in personal injury cases when a victim’s injuries are sustaining, rendering them unable to work for the foreseeable future. They are compensated for all projected future earnings, including pay raises, promotions, bonuses, overtime, and benefits.

Do you want to learn your eligibility for collecting compensation for lost wages after being wrongfully injured in an accident? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned personal injury lawyer in Indianapolis, Indiana.

You Might Also Like:

Can I Recover Compensation for Lost Wages After My Personal Injury Accident?
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Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

The Difference Between a Reservations of Rights Letter and a Demand Letter

Posted on February 14, 2020 by admin

After being hurt in an accident that was no fault of their own, an injured victim will likely make a claim against the at-fault party’s insurance carrier in order to collect compensation for their damages, including property damages. Upon doing so, the first document they will send to the insurance adjuster is called a demand letter. Likewise, the first document they might receive in return from the insurance provider is called a “reservations of rights” letter.

Continue reading to learn the difference between these two documents, and how to ensure your claim is on the right track to a successful outcome.

Demand Letters

Initial demand letters are for property damages. Once an injured party has finished their medical care, a demand letter for personal injuries is sent.

After sustaining injuries associated with an auto accident that was the other driver’s fault, you may need to take charge fast in order to receive compensation for property damages, medical bills and emotional suffering. One strategy is to develop a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written memo that becomes the catalyst for negotiating compensation for the accident.

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated. Hiring a professional personal injury attorney who will write this demand letter is strongly advised for anyone involved in a personal injury auto accident case.

In the introduction of a demand letter, often times, stone-cold facts are the focus, rather than hear-say, opinions, and accusations. Facts and evidence are necessary to a personal injury auto accident case and any other case for that matter. Once the introduction segment of the letter is complete, the demand section follows. In the demand segment of the letter, facts and injuries, supported by the evidence, are set forth as well as a demand amount.

Reservations of Rights Letter

Once a personal injury victim files a claim with or against an insurance company, 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. 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 for the at-fault party “reserves the right” to not pay for anything if the accident is not covered under the at-fault person’s or entity’s insurance policy. It also informs the claimant that they are still going to investigate the case to assess 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.

How to Learn More About Your Indiana Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your unique Indiana personal injury claim. Our seasoned Indianapolis accident 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! We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

The Best Advice for Interviewing a Personal Injury Lawyer

Posted on January 17, 2020 by admin

After being seriously hurt in an accident, it is important to find reputable and aggressive personal injury representation at a trusted law firm. This will give you the best opportunity to recover the full and fair compensation you are owed in order to pay for hospital bills, medical expenses, lost wages, and more. When it comes time to sit face to face with a potential accident attorney, it is helpful to know what questions to ask before choosing them to represent you in your claim.

Continue reading to learn some helpful tips for interviewing a personal injury lawyer.

Personal Injury Attorney Law Firm 317-881-2700

Interview Questions for Tort Lawyers

The most effective method for choosing a group of law firms to interview is word of mouth. Personal recommendations and referrals are a great way to find law firms that have provided good service for people you know and trust. You can also do online searches using reputable web portals like Yelp and Google My Business.

These portals provide contact information, credentials, recent customer reviews, and company descriptions of practice areas and more. It is a comprehensive way to learn about a law firm before giving them a call. Credentials to look for include licensing, 10+ years of experience, history of successful cases, and customer reviews.

Is it Too Late For Me to Make a Personal Injury Claim?

Posted on December 28, 2018 by admin

Indianapolis Personal Injury Attorneys 317-881-2700

All states have a set statute of limitations for personal injury claims, which set parameters on the amount of time a person has to make a claim after their accident. These statute of limitations vary from state to state, some being as short as 1 year, while others extending up to 6 years.

Here in Indiana, personal injury victims usually have 2 years to make a personal injury claim for compensation (Ind. Code Ann. § 34-11-2-1 et seq.). However, claims against certain governmental and quasi-governmental entities require a Notice of Tort Claim to be made in as little as 180 days in some cases so it is essential for persons with personal injury claims to immediately seek out representation.

But what happens if a person does not learn who caused their accident until after the statute of limitations runs out? Or similarly, the severity of their injuries are not evident until much later? Well, for these reasons and more, some states allow an exception to their statute of limitations for personal injury claims. This is sometimes referred to as a “discovery rule” exception, and it plays a vital role in the rights of a personal injury victim, as well as their family.

Continue reading to learn more about the discovery rule exception, including common examples and how to get started on your personal injury claim.

The Discovery Rule

When a person is injured in an accident that was not their fault, the statute of limitations starts on that very day of the incident. From there, a victim has a set amount of time to make a claim against the negligent party for the purpose of recovering compensation to cover their subsequent damages and losses. However, many states have some form of a “discovery rule” exception to their statute of limitations, which extends the filing deadline for making a personal injury claim under very specific circumstances.

This discovery rule extension is generally granted when a personal injury victim did not know about their injuries until after the statute of limitations expired, who was responsible for the accident until after the statute of limitations ran out, or that the suspected liable party’s actions may have caused their injuries until after the statute of limitations expired.

For example, a state might have a 2 year statute of limitations for personal injury claims, along with a discovery rule that states the time clock does not begin until the victim is aware or had sufficient notice of their injuries, as well as, the cause of the harm. Under these circumstances, a victim would be granted an extended deadline to file a personal injury claim if they experienced a late onset of injuries after the statute of limitations expired.

Another example is asbestos poisoning. For instance, if a person lives in an apartment building that has asbestos-insulated plumbing, and 15 years later is diagnosed with lung cancer as a result of the exposure, they could rely on the discovery rule to increase their success at making a personal injury claim against the liable party.

Most states will extend the statute of limitations for plaintiffs who are minors, mentally-handicapped, disabled, mentally-ill, or legally insane. Also, most states will grant an extension if the liable party left the state. If the liable party flees, the clock can be held to stop running, and may not start up again until they return to the state.

How to Make an Allegedly Late Personal Injury Claim

If you are a victim of a personal injury, but fear that too much time has passed since your accident, it is important to speak with a seasoned personal injury attorney to learn more about Indiana’s statute of limitations rules and exceptions.

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get started. Our seasoned Indianapolis personal injury lawyers will fight for your rights to the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we recover a settlement for you.

Did I Forfeit My Right to Compensation By Saying I Wasn’t Injured at the Time of the Accident?

Posted on December 14, 2018 by admin

Indianapolis Personal Injury Lawyers
317-881-2700

That gut feeling is telling you that you made a huge mistake at the scene of your recent accident by telling everyone you felt fine. But not to worry; stating that you did not believe you were injured at the scene of your accident does not necessarily jeopardize your rights to compensation for your damages and losses. Continue reading to learn about delayed injuries, and what you should do next to protect your claim for compensation.

Onset of Injuries

Statements like “I believe I am fine” or “I don’t think I am injured” are not statements that will necessarily make or break your overall claim for compensation. Both medical professionals and insurance companies are familiar with the possibility of delayed injuries, also known as an “onset of injuries.” See our blog, “Onset of Injuries: Do Not Assume That You are Not Hurt After an Accident” to learn more about delayed injuries.

Experiencing delayed injuries is a common occurrence after being in an accident. A person may feel fine directly after an accident, but then later on, begin to feel an onset of symptoms that suggest injury, such as dermal abrasions, bruising, swelling, back pain, neck and shoulder pain, headaches, dizziness, nausea, and even abdominal pain, which may indicate internal bleeding.

Common Symptoms of Injuries That Can Show Up Later:

☛ Numbness
☛ Swelling and Bruising
☛ Headaches and Migraines
☛ Neck, Shoulder and Back Pain
☛ Abdominal Pain
☛ Emotional Distress

What You Should Do

If you are experiencing an onset of injuries after being involved in an accident that was not your fault, it is vital to your health most importantly and to your claim for compensation secondarily, to be evaluated by a medical professional as soon as possible. They can treat your obvious injuries, as well as identify and diagnose any underlying injuries that have not yet surfaced.

During this time, do not agree to make any recorded or official statements to law enforcement or insurance adjusters until you have been advised by a personal injury attorney. In fact, your next step after seeing a doctor is to consult with an Indianapolis personal injury lawyer who can provide trusted advice regarding your claim.

Insurance adjusters sometimes try to get victims injured by their negligent insureds to give a recorded statement soon after a collision and attempt to get them to say they feel fine, while knowing it is very common for the delayed onset of injuries to surface and for symptoms of those injuries to surface in the days, weeks and sometimes months following a collision.

You can be recorded without even being told you are being recorded, so it is important to talk with your doctor first about your injuries, your own attorney second and the insurance companies third.

Indianapolis Personal Injury Law Firm

Personal Injury Law Firm
317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are motivated to help you recover the full and fair compensation you deserve after being seriously injured in an accident. Call 317-881-2700 to get started today.

Can I Make a Personal Injury Claim for Food Poisoning?

Posted on November 19, 2018 by admin

Indianapolis Personal Injury Attorneys
317-881-2700

If you have ever had a food borne illness, you know exactly how intense and traumatic the experience can be. But food poisoning doesn’t just make you extremely ill, it may also make you feel a little betrayed since an eating establishment’s primary responsibility is to provide a well-cooked, hygienic meal that won’t make you sick. So, when you suffer from food poisoning after eating out, you might be wondering if someone should be held accountable for your illness.

There are several courses of action one can take after becoming a victim of restaurant food poisoning. One possibility is to make a personal injury claim to recover compensation for damages and losses incurred as a result of the illness, such as hospital bills, pain and suffering, medical expenses and lost wages. Continue reading to learn more about food borne sickness, and how you might move forward with an accident/negligence claim.

There are More Than 250 Known Foodborne Illnesses:

According to the CDC, an estimated 48 million people per year get sick from a foodborne illness, of which 128,000 are hospitalized and 3,000 die. Foodborne illnesses come from ingesting either food or beverage that has been contaminated with bacteria, parasites, virus, or toxins. Most often, this type of contamination occurs as a result of poor or improper producing, shipping, or handling of food products.

Common types of illnesses contracted in this way include E. Coli, Hepatitis A, Listeria, Salmonella, Botulism, Norovirus, and Campylobacter. The standard symptoms from eating contaminated food include nausea, abdominal cramping, headache, and diarrhea. More severe symptoms may include vomiting, excessive diarrhea, high fever, loss of speech, difficulty breathing or swallowing, dehydration, and in rare cases, even death.

As for making a valid claim for food poisoning, the severity of symptoms will influence the outcome. Minor cases of food borne illness are not likely to be strong candidates for an injury claim since such symptoms can be treated with ample fluids and rest, which takes around one to three days. However, more severe cases might involve doctor visits, hospital stays, prescription medication, prolonged rehabilitation, time off work, and more. This is where a seasoned personal injury attorney can step in and help you recover full and fair compensation you deserve for your losses and damages.

If You Have Food Poisoning:

If you or a loved one becomes ill from a restaurant food borne illness, immediately seek medical attention. During your visit, request to have the illnesses medically confirmed by means of stool samples and more. These records are evidence of the incident that can be used to support your case later on. Furthermore, be sure to follow all instructions handed down from the medical professionals treating you.

If possible, save the contaminated food for testing and have the local health department immediately perform the testing. Directly following your doctor’s visit, it is recommended to keep a daily journal of all your symptoms in great detail. This date can also be used as evidence to support your personal injury claim. Contact a licensed and experienced Indianapolis personal injury law firm to learn more about making a claim for food poisoning.

Your Trusted Personal Injury Law Firm:

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 in Indianapolis, Indiana if you were injured as a result of a severe foodborne illness Indiana. Our personal injury attorneys have extensive trial and litigation experience and know how to recover the compensation you deserve. We offer free initial consultations and never collect attorney fees unless we win your settlement. Call today to schedule your appointment.

Why Choose Us to Represent Your Personal Injury Claim?

Posted on November 12, 2018 by admin

Here at the Law Office of Craven, Hoover, and Blazek P.C., our Indianapolis personal injury attorneys each have more than two to three decades of experience providing steadfast, personalized, and responsive legal services for injured victims here in Indiana. Continue reading to learn more about our law firm, including why you should choose us to represent you for your personal injury claim.

Indianapolis Personal Injury Lawyers
317-881-2700

☑ Professional.
☑ Adept.
☑ Motivated to Obtain Your Settlement.

Our seasoned accident attorneys have enjoyed distinguished careers practicing in the field of personal injury law for more than 20-30 years, each. We provide personalized and responsive legal assistance for a wide range of accidents and injuries. From slip and falls, to car and trucking accidents, to burn injuries, product defects, workplace injuries, wrongful death cases, and everything in between, our seasoned personal injury attorneys know exactly how to recover the full and fair compensation a victim deserves.

No matter which type of accident you have experienced, you can rest assure your claim is in the hands of truly skilled and qualified professionals. And over the past 2-3 decades, we have earned a solid reputation for providing an aggressive, all-inclusive legal team for injured victims in Indiana. Furthermore, we are we proud members of The Trial Lawyers of America, the Indiana Trial Lawyers Association, and active in several other notable administrations and organizations as well.

Our Clients Come First, From Start to Finish.

Our Indianapolis personal injury law firm is strictly dedicated to the well-being of our clients in more ways than one. Since the start of our practice, we have represented hundreds of accident victims, and continue to put our clients first at every step of the way. Our teams are always nearby and easily reachable to clients. That is because we work with our clients, side by side, throughout the entire legal process, from the initial consultation to the final judgment or settlement.

If you have questions about your recent accident or injury, all you have to do is contact our office to schedule a meeting with one of our distinguished attorneys. There is no upfront obligation either! We offer free initial consultations to discuss your potential claim, and provide advice on the best course of action for your particular case. Best of all, there are no preliminary attorney fees, so you don’t pay us unless we get a settlement or judgment for you!

Schedule Your Free Consultation Today

Indianapolis Personal Injury Lawyers 317-881-2700

Call the Law Office of Craven, Hoover and Blazek P.C. at 317-881-2700 for personal injury case assistance you can trust. Not only do we represent clients with personal injuries throughout the state, we also represent residents of other states who suffered injuries in Indiana. Our seasoned accident lawyers will be aggressive with your claim, and do everything in our power to recover the compensation you deserve.

Can I Settle a Personal Injury Claim if I Cannot Prove Fault?

Posted on November 5, 2018 by admin

If you wish to settle your personal injury claim with an insurance company, you do not have to ‘prove’ fault in order to obtain compensation for your losses and damages. Continue reading to learn what you need to know about personal injury claims and settlements, including how to get started and who to trust with your case.

Indianapolis Personal Injury Lawyers
317-881-2700

Who’s At Fault?

One of the most common reactions involved parties tend to have after an accident is to assign or question fault. Who or what is to blame for the accident? Who is responsible for the damages and losses suffered by the victims? How do I prove that they are to blame? How do I prove I am not to blame for the incident? These are all common, and quite normal, questions to have regarding personal injury liability.

You May Not Need to “Prove” Fault

Proving fault is not an essential part of the personal injury claims process when you wish to settle out of court. First you need liability insurance coverage and then some evidence of fault. Virtually all cars, homes, businesses, and other types of real estate, are covered by liability insurance policies. That means that most accidents end up involving the involved parties and the insurance adjusters assigned to the case.

Basically, the process of negotiating a settlement with an insurance company does not require you to provide legal ‘proof’ that the opposing party was negligent, and that the negligence caused the accident. All you really need is a reasonable argument demonstrating such facts, although the more facts and evidence you have in your possession, the stronger the argument becomes. In cases of defective products, you don’t even have to go that far due to strict liability laws.

Dealing With the Insurance Adjuster

In order to settle a claim with an insurance company after being injured in an accident, most often all you have to do is give the insurance adjuster a clear and concise explanation of what happened along with whatever evidence exists at that time. Within this explanation, include why the wrongdoer was negligent, and how their negligence caused the accident and subsequent injuries.

Once the insurance adjuster accepts your explanation and feels confident that you fully understand how the basic rules of liability coverage applies to your accident, the insurance company may pay you for medical bills, lost wages, and pain and suffering. But the most fragile factor is not being approved to receive compensation; instead, your claim focus will quickly transition from being paid to how much you will be paid.

When Proof of Fault May Be Required

If a claim goes to court, there will be a need to prove negligence with evidence and facts. In order to prove negligence, the claimant must show evidence of 4 facts:

❶ The negligent party had a duty of care (legal responsibility) to prevent injuries to the victim;

❷ The negligent party failed to uphold their duty of care;

❸ The negligent party’s failure to uphold their duty of care was a proximate cause of the accident;

❹ Your damages and losses are a proximate result of the accident.

Receiving a Low Settlement Offer

If you receive a low settlement offer from the liability insurance company, you need a seasoned personal injury attorney to fight for your rights to the full and fair compensation you deserve after being injured in an accident that was not your fault. To get started, simply choose a licensed and reputable Indianapolis personal injury law firm, and schedule a time to sit down and discuss your case in detail. They will give you advice on the best course of action to take for your particular claim goals.

Indianapolis Personal Injury Law Firm

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your Indiana personal injury claim. Our esteemed and seasoned attorneys are ready, willing and able to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Contact us to get started in your financial recovery, today.

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.

Social Media Mistakes That Can Jeopardize an Injury Claim

Posted on September 17, 2018 by admin

If you are preparing to make a claim for injuries you or a loved one has suffered in a recent accident, your social media portals are not a “safe” place to discuss your feelings or thoughts regarding the incident. Providing details and making statements online about an accident or claim can be extremely risky, and potentially damaging, to your settlement, even if only your “friends” can see your posts.

Continue reading to learn some common social media mistakes accident victims make so that you can avoid jeopardizing your personal injury claim.

Indianapolis Personal Injury Lawyers
317-881-2700

Social Media Vulnerability

Social media can easily sabotage a personal injury lawsuit in quite a few ways. With the exponential rise of various social media portals and websites, such as Instagram, Facebook, Snapchat, Twitter, and similar social media platforms, users are still learning how they affect other aspects of their personal and professional lives. It is important to understand that social media can be used as evidence against individuals, whether in a serious legal matter, or in a personal or private setting.

For example, if an employee calls in sick to work, and then later posts pictures of themselves at a beach party the same day, it is possible for the employer to find out and reprimand them. In another example, a man might tell his wife that he cannot make dinner with her parents because he has to work late, but then checks in on Facebook at the football stadium a few hours later. Well, the same idea can be applied to lawsuits and trial. Social media pictures and posts can sometimes be used as evidence in a court of law.

Here are three common mistakes personal injury claimants make on social media:

❶ Posting Subjecting Video Footage or Photos

Videos, pictures, “check ins”, and even blogs can be imperiling in a personal injury case. For instance, if a person is pursuing a slip and fall lawsuit after suffering a broken pelvis, they would be seriously endangering their case if they did something like post a video of themselves walking their dog, or upload a picture of them jumping off a diving board. The opposing insurance company or counsel will surely use posts like these as evidence against an injury compensation claim.

Defense counsel will sometimes even argue that seemingly innocent photos show more than they do. Because posts are only a snapshot in time, they can only arguably show how a person was feeling or what they were doing at a certain time. Postings can create the illusion that a person is physically okay because people usually do not post photos of themselves injured or when they are hurting. It is best not to post anything at all to avoid these potential arguments by defense counsel altogether.

❷ Divulging Confidential Conditions of Settlements

For lawsuits that settle out of court, it is a practice to sometimes require both parties to sign a non-disclosure agreement to prevent either party (or family and friends of each party) to say anything about the opposing party. Disclosing or revealing confidential terms of settlements and trial details can be a breach of contract under such an agreement. Many people do not think about their social media sites as a means of breaking such agreements, but they are. It is vital to refrain from posting anything about a lawsuit or settlement, online or anywhere else.

❸ Making Aggressive or Threatening Statements

It is common for people to express their negative and angry feelings online; however, in a personal injury case, this is a big mistake that can cost a person their settlement. Although it is understandable that if a person is hurting and has been injured and/or is not making a paycheck because they cannot work due to someone else’s negligence that was avoidable that they would be angry, it is best to keep those thoughts and feelings to one’s self. Although online social media posting is legal, it can gravely hurt a victim’s chances of recovering remuneration for their damages in a personal injury accident. It will only guarantee a case going to trial, where such videos, photos, and postings can be used against them in a court of law.

Indianapolis Personal Injury Law Firm

Personal Injury Law Firm
317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make an accident and injury claim in Indiana. Our seasoned Indianapolis personal injury lawyers are ready and able to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment, today.

Recovery After an Accident

Types of Lost Wages and Proving Them

Future Lost Wages

Demand Letters

Reservations of Rights Letter

How to Learn More About Your Indiana Accident Claim

Continue reading to learn some helpful tips for interviewing a personal injury lawyer.

Interview Questions for Tort Lawyers

Top Recommended Questions to Ask:

Indianapolis Personal Injury Lawyers

All states have a set statute of limitations for personal injury claims, which set parameters on the amount of time a person has to make a claim after their accident. These statute of limitations vary from state to state, some being as short as 1 year, while others extending up to 6 years.

Continue reading to learn more about the discovery rule exception, including common examples and how to get started on your personal injury claim.

The Discovery Rule

How to Make an Allegedly Late Personal Injury Claim

Onset of Injuries

Common Symptoms of Injuries That Can Show Up Later:

What You Should Do

Indianapolis Personal Injury Law Firm

There are More Than 250 Known Foodborne Illnesses:

If You Have Food Poisoning:

Your Trusted Personal Injury Law Firm:

☑ Professional. ☑ Adept. ☑ Motivated to Obtain Your Settlement.

Our Clients Come First, From Start to Finish.

Schedule Your Free Consultation Today

Who’s At Fault?

You May Not Need to “Prove” Fault

Dealing With the Insurance Adjuster

When Proof of Fault May Be Required

Receiving a Low Settlement Offer

Indianapolis Personal Injury Law Firm

Experience

Practice Area

Lawyer Fees

Partners

Personality

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

Continue reading to learn some common social media mistakes accident victims make so that you can avoid jeopardizing your personal injury claim.

Social Media Vulnerability

Here are three common mistakes personal injury claimants make on social media:

❶ Posting Subjecting Video Footage or Photos

❷ Divulging Confidential Conditions of Settlements

❸ Making Aggressive or Threatening Statements

Indianapolis Personal Injury Law Firm

☑ Professional.
☑ Adept.
☑ Motivated to Obtain Your Settlement.