Tag Archives: Indianapolis Personal Injury Lawyers

How to Write a Legal Complaint for a Personal Injury Claim

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When someone else’s carelessness causes you physical injuries, you have the right to file a personal injury claim in civil court against the at-fault party for the damages and losses you incur as a result of the accident. This includes medical expenses, hospital bills, time off work, lost wages, and more. However, filing a personal injury claim involves much more than just submitting paperwork. For this reason, it is wise to hire an experienced accident attorney who can help navigate your case.

In order to file a personal injury claim against a wrongdoer, you must provide a written statement describing why you should receive compensation for the financial losses you incurred after your accident. This is called a legal complaint, and it is a very important part of the personal injury claims process because it declares your intention to seek out compensation for your injuries and losses.

Continue reading to learn some helpful tips on how to compose a proper legal complaint for personal injury claims, and who to call for trusted representation in Indiana.

Composing a Legal Complaint

Legal complaints require you to provide a lot of information. As the plaintiff, the official legal complaint form will start by asking for your attorney’s information, including name, address, bar number, and more. Following attorney information, the form will require you to provide your own personal information, including name, address, phone number, email, and more. It will then ask for the defendant’s name. Once you have this section filled out, you will reach the content section of the form.

One of the initial actions of the court will be to find the proper court to oversee your case. This is called Determination of Jurisdiction, and is important to the form because you will need to fill out the address information for the court assigned to your case. Typically, it will be a local court in the county of your residence or accident.

Moving on, the form will ask you to mark off the nature of your complaint. Examples of options include bodily harm, property damage, vehicular damage, and wrongful death. Once you check the nature of your complaint, you will have to provide information about the cost of damages. The classification of your case will depend on whether damages are over or under ten thousand dollars. You will have to note the total cost of damages, and mark whether the case is limited or unlimited.

In the last part of the form, you will have to provide your status, whether that’s a minor, an adult, a corporation, or a public entity. Then you will need to provide the same information for the defendant. In the final section, you will have the opportunity to describe the legal duty the defendant had, how their negligence caused you injuries, the extent of your injuries, the losses you incurred as a result of being injured, and the actual facts of the accident. At the very bottom, you will sign and date the document.

Indianapolis Personal Injury Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today.

The Benefits of a Structured Settlements

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When an insurance company is obligated to pay out a large settlement to a victim of an accident, they will sometimes negotiate a payment arrangement in place of paying one lump sum upfront. These periodic payments from an insurance company are referred to as structured settlements, and they are a common method for paying accident victims. Payments are spread out over a long period of time, and paid in increments until the settlement cap is reached. Although there are some noted issues with structured insurance payments, there are several benefits that make them an appropriate option for a wide variety of accident victims.

Continue reading to learn more about structured settlements, and how accident victims can benefit from them.

Financial Management

Structured settlements are beneficial because they allow for responsible financial management. When an accident victim is recovering from serious injuries, it can be stressful and confusing for them to manage their finances. With a long-term payment plan, an accident victim can better organize their finances and budget their money more responsibly, all while coping with their recovery at the same time. Accordingly, a structured settlement can be beneficial in terms of tax liabilities.

Sometimes, structured settlements can come at a disadvantage. For those who are knowledgeable in finances, it could be a downfall to receive a structured settlement if they are interested in using the payout for investment purposes. Some structured settlements qualify for certain tax advantages.

Additional Benefits

One of the most revered benefits of a structured settlement is having access to more money. A victim is usually granted more money over a long period of time, and less money in a lump payout. The same goes for saving money on taxes. Another benefit is that a structured settlement is like receiving additional income every year.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana. Our seasoned accident attorneys work around the clock to ensure our clients’ rights to compensation. We offer free initial consultations to access your case and determine your eligibility for remuneration; and we never collect attorney fees unless we prevail for you! Call 317-881-2700 to schedule your free initial consultation with an Indianapolis personal injury lawyer, today.

Proving Libel or Slander in a Defamation Lawsuit

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

What protection do we have against those who wish to harm us, not physically, but in terms of our reputation and personal contentment? The answer: defamation laws. Defamation laws are set to protect individuals and entities (i.e. companies, organizations, corporations, etc.) from false statements that can harm or damage their repute. Although there are infinite ways to make such statements, defamation of character can fall into one of two categories (or both) that you are probably familiar with: Libel or Slander.

Libel refers to harmful statements that can be seen, such as a written publication. Slander, on the other hand, refers to defamatory statements that are heard, such as an online video or radio broadcast. Continue reading to learn more about libel and slander, and how to prove fault in a defamation lawsuit.

Defamation Laws

It is an on-going struggle for courts to determine which statements are defamatory since the possibilities are endless. In common law, a defamatory statement is a published communication (either radio, written, or video) that tends to harm an individual’s reputation by lowering them in the estimation of their community or deterring third persons or entities from associating with them. This is according to the American Restatement of Torts, or “The Restatement.”

Proving Fault for Libel or Slander

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Under tort law, the plaintiff holds the burden of proving their opponents fault in a defamation case. For this reason, it is vital to retain the services of a seasoned personal injury attorney for safe, secure, and strategic representation. They have the knowledge, experience, and resources to win the jury’s vote and protect a person’s rights to compensation. In order to prove their defendant’s fault, a victim must prove 4 specific elements:

❶ It must be proven that the defendant made a statement that was false and defamatory to the plaintiff.

❷ It must be proven that the defendant made the defamatory publication to a third party.

❸ It must be proven that publishing the communication was an act of negligence on the publisher’s behalf.

❹ In some cases, the plaintiff must prove special damages. They must show how the defamatory statement or publication caused harm to their reputation and/or well-being.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

It is important to discuss your concerns about any serious harm you’ve experienced as a result of another’s negligence with a seasoned personal injury lawyer who can help you understand your case. Just call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and look forward to helping you with your claim. Call 317-881-2700 to get started today.

Important Personal Injury FAQS

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If you or someone you love has recently endured a serious injury, time is precious, so it is important to address your concerns and get started on your claim right away. Look below to review some frequently asked questions about personal injuries, and learn where to get started.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

What Should I Do After an Accident?

As soon as you are injured, get medical treatment. Once you are stable and your injuries are addressed by a professional EMT or doctor, you can move onto the next step: hire a personal injury lawyer. They can help you with the remaining steps of the claim process from there. If you are able to, gather as much evidence at the scene of the accident, including witness statements, pictures, names, phone numbers, addresses, insurance information, license plate and drivers’ license numbers (if vehicle were involved), and even video if possible.

Why Do I Need to Hire an Attorney?

Accident and injury claims are challenging, and the laws and procedures surrounding them are quite tricky as well. In order to recover the full and fair compensation you deserve, you will need an experienced personal injury attorney helping you along the way. They have the knowledge, skills, and resources to accurately navigate your claim and argue your case if it goes to trial.

How Much Does a Personal Injury Lawyer Charge?

Most personal injury law firms work on a contingency-fee basis, meaning they do not get paid unless they recover a settlement for you. If they do not win your claim, you pay nothing. Most firms also offer free initial consultations to discuss your claim before filing.

What if I Do Not Want to File a Lawsuit?

Many personal injury settlements can be negotiated out of court. Only complex or highly-valuable claims end up going to trial. A personal injury lawyer can help guide your claim toward an out-of-court settlement if that’s what you prefer.

How Long Do Settlements Take?

It all depends on the circumstances of your accident and injuries. Some injuries lay dormant for several weeks before becoming an evident injury, in which case, an evaluation of your claim wouldn’t even begin until then. But first, you would need 2 to 4 weeks to compile all of your medical records and billing documents, and then another 2 weeks to have your claim evaluated and a proposal written and submitted to the insurance company. From there, it can take anywhere from a few months to a few years depending on the agreeability of the insurance company or defendant party.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Seasoned accident attorneys, 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 attorney fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with our Indianapolis personal injury lawyers, today.

Is it Optional to Hire a Personal Injury Lawyer for an Accident Claim?

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Seriously injured victims are faced with several challenges following an accident. Recovery, treatment, hospital bills, medical expenses, prolonged therapy, lost wages, and funeral expenses are some of the more common economic damages and losses suffered by accident victims. In order to get a fair shot at collecting the full and fair amount of compensation from an insurance company or third party, a victim would require professional legal assistance. However, it is not mandatory in terms of the law. Although it is entirely optional to hire an accident attorney to represent your personal injury claim, it the key to recovering for your losses. Continue reading to find out why.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Personal Injury Attorneys

Not all accident cases require a victim to hire a personal injury lawyer. For instance, if a person lives in a “no-fault” state, they would not have any legal consent to sue, so instead, victims would have to collect coverage from their own third-party Personal Injury Protection Plan (PIP). In another example, if a person’s insurance company is already paying the maximum benefits available they wouldn’t necessarily need a lawyer either.

But in all other accident cases, it is in the best interest of the victim (or the bereaved) to hire a personal injury lawyer for their claim. Even if injuries are minor, it is still helpful to retain the services of an experienced Indianapolis personal injury lawyer to ensure you receive the full and fair compensation you deserve after being seriously injured in an accident. Keep in mind that minor injuries can turn into major ones later on, while other injuries might take days or weeks to appear.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700


Esteemed Attributes of Accident Lawyers:

Drive and Motivation – Most personal injury law firms operate on a contingency-fee basis, which means they do not get paid unless they recover compensation for their clients. This also means that accident lawyers are highly-driven and motivated to represent victims to the best of their abilities.

Knowledge and Experience – Personal injury lawyers are knowledgeable of the law, and have experience investigating and litigating accident claims. This gives victims an immediate advantage when negotiating for a settlement.

Dependability – Personal injury lawyers know what it takes to win an accident case. Their knowledge of the law combined with their extensive litigation and trial experience, makes them a dependable resource for recovering compensation for your losses.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 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 one of their seasoned Indianapolis personal injury lawyers, today. Attorneys Daniel Craven, Ralph Hoover, and Kieth Blazek are experienced personal injury litigators with a passion for helping victims of serious accidents. We never collect attorney fees unless we prevail for you! Call 317-881-2700 to learn your options from a licensed accident attorney in Indianapolis, Indiana.

Accident Liability for Hosting an Employee Party With Alcohol

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

At any party with alcohol being served, excessive drinking is always a possibility. For this reason, hosts are often concerned about being held liable for a drunk person’s damages or injuries. If you are an employer that is planning to host a social gathering for your staff, it is important to learn some vital information about host-alcohol liability in the case of an intoxication-related accident. Continue reading to understand your potential liability in such situations, and how to prevent it.

Dram Shop Laws

Dram Shop laws pertain to commercial vendors like bars, restaurants, and package stores, and holds business owners responsible for injuries and damages caused by an intoxicated customer. They vary greatly from state to state, and retain separate sets of limitations regarding the amount of damages a victim can sue for. Unless you are a commercial vendor of alcohol, it unlikely for you as an employer, or anyone for that matter, to be held liable for another person’s alcohol overindulgence and subsequent damages. However, it is not impossible.

Intoxicated Individuals and Victims

In most states, a drunk person cannot sue a host for injuries and damages they endured or caused to themselves. But if an intoxicated individual causes harm or damages to another person, a third-party lawsuit can be filed by the victim, against both the intoxicated person and the host that served them the alcohol. This is especially common in cases when the defendant does not have sufficient insurance to cover their victims’ damages. But the limitations to the host’s liability differs from state to state.

Limited Liability State to State

In some states, the law does not impose any liability on a social host at all. Other states simply limit the amount of liability on a social host to accidents that occur on their premises. And some states actually extend the limit of liability to accidents and injuries that occur after they have left their premises, such as traffic accidents. But almost all states hold social hosts liable for intoxication-related accidents when 1) alcohol was served to minors, 2) Alcohol was served recklessly, or 3) a “reasonable” host should have recognized a guest’s level of intoxication and stopped serving alcoholic drinks.

Employer Liability

Many states also hold employers responsible to a certain degree when social gatherings are held for a business-related purpose. This extra duty of care is imposed on employers under these circumstances since many employees feel obligated to attend an office party more so than another social event. In order to prevent employer-liability for over-intoxicated guests, be sure to make your social gathering’s focus on entertainment, rather than drinking. There are several steps you can take to lessen the possibility of overindulgence and alcohol-related accidents.

Preventing Alcohol-Related Accidents

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

First and foremost, you should never serve minors alcohol, or allow them to consume it under your nose. Under perfect conditions, minors would not be allowed to attend an adult social gathering where alcohol is being served and consumed. Also, always discourage guests from over-drinking, stop them from drinking further when they’ve noticeably had too much, and strongly encourage designated drivers and sober transportation.Another great tip is to hold your workplace event at a local bar or restaurant. Under Dram Shop laws, this relieves your liability for alcohol-related accidents, and provides a wait staff that is professionally-trained to monitor everyone’s alcohol consumption and politely cut someone off when they have had too much.

Try a Cash Bar

If you must host an employee social gathering on company or personal premises, consider having a cash bar. Provide all the party supplies except the liquor, and have guests pay for their alcoholic beverages with their own money. Since you are not necessarily making alcohol entirely unlimited to your guests, you can be relieved of some liability. If you have questions about an alcohol-related injury case, contact a personal injury lawyer for professional guidance. They have the knowledge to provide accurate state-specific answers to your injury-liability questions and concerns.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for answers to your personal injury questions. Seasoned accident attorneys Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. They are happy to answer your questions about a recent personal injury or accident, and even provides free initial consultations to discuss your case in person. Call 317-881-2700 for Indianapolis personal injury lawyers you can trust.

How to Find a Reputable Personal Injury Lawyer in Indiana

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

After being injured in an accident caused by another person’s negligence, victims are sure to have questions and concerns. This is why a personal injury lawyer is a significant asset to anyone that’s suffered a recent serious injury or been involved in a serious accident. They are there to represent a victim’s best interest, as well as, the best interests of their family and future.

A professional personal injury attorney can bring your claim to trial, or settle out of court with opposing parties and insurance companies, to recover the full and fair compensation an injured victim deserves. When searching for a reputable accident attorney or law firm, it is important to hire someone with a certain level of credentials, including ample experience. Continue reading for tips on how to find a personal injury attorney you can trust is a reputable choice.

Accident Lawyers and Firm Credentials

Misconduct, negligence, malicious intent, and carelessness are all factors that play a huge role in causing a personal injury to occur. These factors and more are used as a basis to begin understanding and investigating an accident case. Once these grounds are determined, lawyers can assess whether or not a person is entitled to compensation for their damages. Of course, the process of assessing an injury case is not so cut and dry; there are several more variables, factors, research, interviewing, investigating, and more that a legal team must cover in order to put together a strong claim for their client’s.

So how do you know your attorney can provide comprehensive legal representation and recover the recompense you deserve? Here are some credentials, attributes, and more to look for when choosing a personal injury lawyer:

➀ Proper State Licensing

Every attorney should be legally licensed to practice their particular area of law in the state they work and live. Be sure they are true, licensed, practicing lawyers before paying a retainer or hiring them on the spot.

➁ Trial and Litigation Experience (at least 10 years)

Choose a lawyer that has several years of experience practicing law, litigating, and going to trial. Experience means more knowledge, better resources, and more power. An experienced lawyer is a confident and assertive lawyer that knows how to recover for clients.

➂ Client Amenities

Law firms should set themselves apart from the others by offering client conveniences and amenities. This lets the client know they are not out to just get paid, but they really care about the comfort and well-being of their clientele. Look for offerings like free initial consultations and no upfront lawyer fees. These client conveniences are a good sign.

➃ Lawyer Availability

An injury attorney should be easily available for their clients at most times. What’s the point of having an attorney if you cannot consult them or bring to them your questions and concerns when you need to? Although it is not possible to always meet or speak in person, but a lawyer should provide full-on open communication with clients through email and phone.

➄ Track Records

Look into an attorney’s track records for success. Find out how many cases were settled, won, lost, and so forth. A good success record means a lawyer knows what works and knows how to bring a claim against an opposing party, like insurance companies. Do not be afraid to ask a lawyer, straight up, about their track record and trial history.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been injured in an accident that was not your fault in Indianapolis, Indiana. Seasoned Indianapolis personal injury attorneys, Dan Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless they settle or win your claim. Call 317-881-2700 to learn how to file a personal injury claim in Indianapolis, IN today.

Do I Have a Personal Injury Case?

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Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

If you’ve been injured in an accident, there’s really only one reliable way to find out whether or not you have a valid personal injury claim; and that is to outsource professional legal counsel. Licensed personal injury attorneys are the professionals you need when it comes to assessing your accident, injuries, and damages. They retain extensive knowledge and proficiency in personal injury law, as well as, trial experience, litigation, and more. All accidents are different, and there are several variables that can change a person’s entitlement to compensation for their damages. This is why it is important to seek out professional guidance following a serious accident.

Personal Injuries and Compensation

When a person is injured in an accident as a result of another person or entity’s negligence, they may be entitled to compensation for damages. This is a main factor in personal injury claims and is the first thing that is considered after an accident. The responsible action to take following an accident is to seek out immediate medical attention infallibly support. As soon as you are in stable condition, use this opportunity to call a personal injury attorney right away. The quicker you take action in a personal injury claim, the more likely you are to win your case. Here’s the general guidelines as to how to figure out if you have a personal injury claim after being injured in an accident:

➀ Your Injuries Were a Direct Result From Another Person/Entity’s Negligence or Carelessness

➁ You Obtained Valid Medical Documentation and Police Reports of Your Injuries Immediately Following Your Accident

➂ Your Injuries are Genuine and Real

➃ The Opposing Party is Justifiably Responsible for Your Injuries and the Accident

➄ The Opposing Party Caused Your Injuries and that Accident as a Result of Negligence

These five aspects are the chief guidelines used to determine whether or not a person has a lawful personal injury claim in most cases. As mentioned before there are several other variables that differentiate personal injury cases because not all claims are alike. These guidelines are simply informal key topics that will help you better understand personal injury claims and lawsuits. It is always best to contact a professional personal injury attorney for accurate and reliable advice and counsel.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights after a serious accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience in personal injury law. It is important fast after being injured in an accident, because the sooner you take action, the more likely you are to win your claim and recover compensation for your damages. Our highly knowledgeable and experienced personal injury attorneys are standing by to take your call and answer your questions about accident injury claims in Indiana. Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, IN today.

What is a Prima Facie Case?

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Prima facie, pronounced “pree-muh fay-shee”, is a common legal term used in criminal and civil law cases. Literally translated, this term means “at first face” or at first sight; the apparent nature of something at the first look. Prima facie can refer to either a case or a piece of evidence, depending on the crime or misconduct. Continue reading to learn what a prima facie case is and examples of such cases.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

An Open and Shut Case

Prima facie is a legal doctrine that signifies a situation in which sufficient evidence is apparent, upon initial observation, to charge or convict a person before any further investigation takes place. In terms of lawsuits, it is colloquially-referred to as an “open and shut” case. Although it is possible for opposing parties to present enough conflicting evidence at trial to refute the prima facie claims against them, most often, a prima facie case is a case where so much obvious evidence exists “at first sight”, Grand Jurys can indict someone for a crime.

In personal injury lawsuits, plaintiffs hold the burden of proof, meaning they must prove their case to get the desired verdict. They have to present a prima facie case to a court, providing evidence to support their claim. If a plaintiff can do this successfully, then the burden of proof shifts to the opposing party. If they cannot, then the case is in jeopardy of being dismissed.

There are several possibilities of prima facie cases. One example of a prima facie case is check fraud. If a person is writing bad checks, or steals another person’s checkbook and writes checks with it, they are blatantly guilty of check fraud. The bad checks are prima facie evidence of their crime, while the paper trail they left behind them supports a prima facie case.

Another example of a prima facie case is drunk driving. If a person is pulled over for reckless driving and then tests over the legal limit for alcohol, their recorded reckless driving and blood alcohol content (BAC) is enough evidence to prove they were illegally operating a vehicle under the influence of alcohol. Even biased pre-employment tests can be a prima facie case, since the actual test is available as evidence that proves the prejudice of its contents.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been seriously injured in an accident that was no fault of your own. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in Indiana. They are the Indianapolis personal injury lawyers that can prevail for you! We offer free initial consultations and never collect attorney fees unless we win your case. Call 317-881-2700 and schedule your complimentary appointment to discuss your recent accident with a knowledgeable personal injury attorney in Indianapolis, IN today.

Negotiating a Final Settlement in a Personal Injury Case

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Personal Injury Lawyers Indiana 317-881-2700

Personal Injury Lawyers Indiana 317-881-2700

Negotiating a final settlement in a personal injury case is a common occurrence. It is much like buying a used car from a dealership. The salesman wants to sell the car at the highest price possible, while the customer wants the best price possible. So the negotiations continue until both parties are satisfied. An insurance adjuster and personal injury victim both want to come out on top during the negotiation process.

Although the insurance adjuster knows roughly how much the insurance company will pay out to the injured victim, they will try their hardest to negotiate the smallest payout that the victim is willing to accept. The victim knows what their personal injury damages are worth, so their attorney tries their hardest to get the highest possible payout from the insurance company or opposing party.

There are a few predictable circumstances and steps to the negotiations process that injured victims should familiarize themselves with in order to be better prepared when the time comes to recover the full and fair compensation they deserve after an accident. Continue reading to learn some common approaches to negotiating a personal injury settlement.

Settlement Negotiations Between Both Parties

The victim’s lawyer will ask for the highest amount first in a written demand letter. The insurance adjuster or opposing party will likely contest that amount by refuting the degree of liability or finding something else wrong with the claim. They may state that certain treatments, surgeries, or therapy was not necessary, or use some other type of similar excuse.

Once this happens, the victim’s lawyer will respond by negating their allegations and then asking for a certain amount of compensation for a second time. This is the time that the insurance company will counter with an insulting, low-ball offer to see if they can get lucky in the case that the victim is simply in a hurry to get a settlement check.

This is when the victim’s legal team responds by vaguely acknowledging the insurance adjusters interferences, and lowering the initial compensation request, but only slightly. At this time, an insurance adjuster is more willing to raise their low-ball offer, and most often do.

With a higher offer, the victim and their lawyer have the option to either accept the offer or to counter once again with the same compensation request, or one that is slightly lower once again.

This process continues like this until both parties come to an agreement on full and fair compensation for a victim’s damages. If an agreement cannot be made, then the case will go to court and a judge will decide the appropriate compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience in litigation and personal injury law, and are eager to represent your case. We offer free initial consultations and never collect lawyer fees unless we win your settlement. If you or someone you love has been recently injured as a result of another’s negligence, contact one of our seasoned Indianapolis personal injury lawyers for information regarding your rights following a serious accident.