Statute of Limitations for Common Personal Injury Claims

Posted on October 23, 2020 by admin

When an accident happens as a result of another person or entity’s negligence, injured victims typically wish to pursue a claim against the negligent party in attempt to recover compensation for their damages. This is referred to as a personal injury lawsuit. One of the most important steps to pursuing an accident claim is taking immediate action and hiring a personal injury lawyer. Although there are many reasons why retaining professional legal counsel is so vital to the outcome of your case, one reason has to do with the amount of time Indiana allows personal injury victims to make claims against negligent parties.

Continue reading to learn the statute of limitations for some of the most common personal injury claims filed in Indiana, as well as, where to get professional personal injury representation you can trust.

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Legal Time Limits for Accident Claims

In all cases of filing a civil claim against another person or entity, there is a legal time limit to do so. The statute of limitations are the laws that set these time limits; either for a state to prosecute a person for a crime, or for a person to file a claim against another person or corporation. These time limits differ from state to state and from case to case.

The statute of limitations generally begins the day and time of an accident or crime, and once the time limit has expired, so have the chances of prosecuting or pursuing a claim. For example, if a person commits a crime as a young adult, the state cannot prosecute them for the crime of the statute of limitations has run out. The same applies for a personal injury claim.

Civil Statute of Limitations

In Indiana, you can find details regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book. Below are some common injury and accident cases, as well as the legal time limits assigned to each.

✢ Personal Injury Claim = 2 Years

✢ Medical Malpractice = 2 Years

✢ Product Liability = 2 Years

✢ Assault and Battery = 2 Years

✢ Wrongful Death = 2 Years

✢ Libel = 2 Years

✢ Defamation of Character = 2 Years

✢ Slander = 2 Years

Take note that criminal statutes of limitations are generally longer, as much as five years or more, depending on the crime and state. Most personal injury claims retain a statute of limitations equally out to two years or less, depending on the variables of the case. If you need information regarding Indiana statute of limitations, or wish to learn more about filing an accident claim for a recent personal injury, contact a licensed accident lawyer for effective legal counsel.

In addition, some states, like Indiana, require what is called a torts claim notice to be sent to the at-fault party if the at-fault party is a governmental entity as a prerequisite to bringing a claim against the governmental entity. Depending on the governmental entity, some of these time limits are set at 150 days so obtaining an attorney as quickly as you can is vital for this and evidence gathering purposes. Also, time limitations can vary in cases involving minors and cases where the injuries were not discovered within two years from the date of the wrongdoing.

Your Accomplished and Compassionate Indianapolis Personal Injury Law Firm

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana. Our seasoned accident attorneys work tirelessly 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.

SCHEDULE YOUR FREE CASE EVALUATION RIGHT NOW. ONE SIMPLE PHONE CALL IS ALL IT TAKES TO GET CONNECTED TO A LICENSED PERSONAL INJURY LAWYER IN INDIANA. WE WANT TO HEAR YOUR STORY. WE WANT TO GET YOU THE SETTLEMENT YOU DESERVE.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

FAQS Regarding Personal Injury Settlements

Posted on October 14, 2020 by admin

After being injured in a serious accident that was no fault of their own, the law provides personal injury victims certain relief for their subsequent damages and losses. They can be awarded compensation to cover their hospital and medical bills, pain and suffering, lost wages from missing work, and much more. But personal injury victims typically have a lot of questions about collecting compensation from a negligent party’s insurance company.

Continue below to review some of the most frequently asked questions personal injury lawyers get from their current and prospective clients about accident claim settlements, and perhaps get the answers you are looking for today, including where you can get more answers to your personal injury claim questions at the bottom of this blog.

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Will My Settlement Be Impacted if I am Partly to Blame for My Accident?

When an individual is seriously hurt in an accident, it is necessary to determine who was at fault for the incident. This process of determination is called comparative fault analysis, and it is widely used as a standard in tort cases. The jury gives this report to the judge at the closing of a personal injury trial. Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a serious accident, however, there are numerous details that go into making these distinctions. Fundamentally, if a victim or plaintiff is 50% (or less) at-fault in the case as compared to all fault against all defendants, then they are most likely entitled to basic compensation. In Indiana, a plaintiff cannot have 51% fault or greater and be awarded compensation.

Where Can I Find Answers to My Personal Injury Questions?

If you have questions about personal injury compensation, it is vital to discuss your claim with a team of licensed Indianapolis Indiana accident attorneys. They can give you personalized recommendations for your case, and document an impactful claim to recover the full and fair compensation you deserve. As soon as you receive medical attention for your injuries, your next step should be to contact a personal injury law firm for help with your accident claim.

How Much Does an Accident Lawyer Charge?

Contingency fees are the most common form of billing practice used by personal injury law firms and attorneys. This payment arrangement works by not charging clients any retainers or upfront lawyer fees, but collecting a percentage of whatever monetary settlement they recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

How Does a Court Assess an Injured Victim’s Damages and Losses?

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/jury 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 of personal injury get back to the condition and state of life they were in before their accident and if that is not possible, to compensate for the permanent injuries. It requires 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, doctor depositions and much more.

What Does Personal Injury Compensation Cover?

Economic losses, non-economic losses, and future economic losses are the types of damages meant to be covered by personal injury compensation. Economic losses may include all or a combination of medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, childcare expenses, home adaption expenses, and fuel costs (to and from doctors’ visits). Future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future lost wages, future prescription costs, and future hospital costs. Non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PTSD, loss of social life, loss of work abilities, loss of companionship, and loss of education experience.

How Long Does it Take to Get My Compensation?

From start to finish, a personal injury case can take anywhere from one year to five years or more, depending on the complexity of the case and how long the injured party needs medical care. You can expect it, in most cases, to take at least one year before a case is settled. There are countless variables that affect the time frame of a personal injury claim and receiving awarded compensation. Again, talk to your attorney to get a better idea of how long your particular case is predicted to take. In some cases, a settlement can and does occur within 1 year though.

Personal Injury Attorneys in Indianapolis, Indiana Who You Can Trust

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about your rights to pursue legal action after being seriously injured in a wrongful personal injury accident in Indianapolis, Indiana. Attorneys Daniel Craven, Keith Blazek, and Ralph Hoover are highly experienced accident lawyers who will obtain the full and fair compensation you rightfully deserve for your damages and losses. Not only do we offer free initial consultations, in-person or over the phone, we also work in contingency, which means we never collect attorney fees unless we recover a settlement or verdict for you. Contact us today at 317-881-2700 to set up your free case evaluation with a seasoned Indianapolis accident attorney. We represent injured persons throughout the State of Indiana.

Is it Better to Settle an Accident Claim Out of Court in Indiana?

Posted on October 2, 2020 by admin

There is a reason why most personal injury lawsuits are settled before ever having to go to trial. In fact, there is more than one reason why. Not only are trials very expensive, they can be extremely stressful and even more unpredictable in terms of liability and damages. Also, trials are not private, and they can sometimes last for years. In most cases, especially for minor accidents and injuries, settling out of court is quicker, cheaper, and less risky.

However, this does not mean that all injury claims are better settled out of court. Sometimes, depending on the circumstances, a trial is the better, or necessary, route to take. It is important to discuss the recommended strategy for your personal injury claim with an experienced accident lawyer who can provide experience based knowledge for what’s best for your case.

Continue reading to learn more about the advantages to settling an accident claim out of court, as well as, how to get started on your personal injury claim.

Indiana Personal Injury Attorneys 317-881-2700

Going to Court is Never the Cheaper Course of Action

Trials are expensive. And although your personal injury lawyer probably works on a contingency-fee basis, it is still something that can still hold back your final settlement after you receive your compensation. In most contingency-fee arrangements, the attorney receives 33% of any pre-trial settlement and then 40% of any compensation awarded once the trial begins. The client then receives the remainder after any expenses and subrogation or lien claims are paid. Not all contingency arrangements are done this way although the vast majority are; it differs among law firms. By avoiding court, the plaintiff can avoid paying high expenses in having to pay expert witnesses when going to court.

As for defendants, there is no contingency-fee basis. In almost all cases, the defendant’s insurance company must hire a lawyer who gets paid by the hour or the defendant’s attorney is an employee of the insurance company.

Trials Can Be Stressful and Cumbersome

Not just the trial itself, but the weeks leading up to the trial can also be very stressful for a person and their loved ones. Both the plaintiff and the defendant can be subjected to invasive examinations and cross-examinations, and in a public arena.

Trial Outcomes Cannot Always Be Well Predicted

Although today’s legal system is set up in a way that takes surprises out of the trial process, they can still pose a long list of potential unexpected occurrences that influence the final outcome of a settlement. For instance, key evidence may be excluded from trial by the judge, new testimony can come out on the witness stand, key witnesses may sound unreliable or not show up at trial, and more.

Aside from all these potential unpredictable possibilities, the amount of compensation recovered is up to the jury. This means a plaintiff can be awarded much more or much less than the parties expected. Out of court, the plaintiff party and the defendant party have control over the negotiation of recompense.

What to Do as an Accident Victim in Indiana

If you or someone you loved has been hurt in a serious accident as a result of negligence by a company, person, or entity, you may be entitled to legal compensation. Get started on a path to justice and full and fair compensation, right now. Call an experienced Indianapolis personal injury law firm to speak to a legal representative about your recent injury or accident.

Indianapolis Indiana Personal Injury Attorneys Who Won’t Back Down to the Insurance Companies

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

How to Interview a Personal Injury Lawyer

Posted on September 25, 2020 by admin

After being injured in an accident that was not your fault, you have a right to claim your damages through a personal injury claim. In order to get the maximum settlement or verdict for your case, it is vital to retain the services of a licensed accident attorney; but not just any accident attorney, as there are thousands to choose from just in Indiana alone. You must choose an experienced and qualified lawyer to represent you in your personal injury claim. How do you know you have found the right accident lawyer to work with? You will have to meet or speak with them, and decide for yourself if they are a good fit.

Continue below to learn what you should be asking personal injury lawyers when you are interviewing them as a potential legal representative your Indiana accident claim.

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Questions to Ask Your Accident Attorney

Have You Represented Cases in Civil Court?

All personal injury lawyers have seen the court room during their career, but you want to choose a lawyer who is familiar with the civil courthouses throughout the State you are filing your claim in. Our law firm has represented injured persons throughout the State of Indiana.

Have You Represented Cases Like Mine Before?

Choose a personal injury lawyer who is well-versed in the particular type of injury or accident you have suffered. For instance, if you were seriously injured in a car accident, you will want to find a personal injury lawyer who specializes in car accident claims and has represented such cases before with successful outcomes. Our law firm has represented thousands of injured persons successfully throughout the State of Indiana.

Do You Take a Lot of Cases to Court?

Most personal injury lawyers can settle the cases they work on out of court, without ever going to trial. However, they should always be ready and willing to take the case to a jury if the insurance company won’t deliver a fair settlement offer. Ask your potential accident attorney how often their cases go to court to gain an idea of their hands-on trial experience.

Do Other Lawyers Work on Your Cases Too?

Some personal injury lawyers work as a team within a law firm. Not only is it quite common for more than one lawyer to handle a personal injury case, it is an advantage to have multiple astute minds working on a client’s financial recovery. Furthermore, it is easier to get in touch with a legal professional during the claim process when you have questions.

How Much Do You Charge in Lawyer Fees?

Most personal injury law firms work on contingency, which means clients do not owe any fees unless the lawyers obtain a settlement or verdict for them. There are no upfront lawyer fees, hourly billing, or retainers. So, you should ask your potential lawyer if they too work on contingency, and if so, how much they deduct from your settlement for attorney fees if they are successful with your case.

How Soon Can You Start on My Claim?

Personal injury lawyers know that claims are limited in time with the state’s statute of limitations. So, most often, they will get started on your case the same day, or at least very soon after you agree to hire them.

How to Get Started on Your Indianapolis Personal Injury Accident Claim

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an Indianapolis personal injury lawyer who can help you gain control of your life and who will take some of the stress off of you after suffering serious injuries or damages at the hands of another. We offer free initial consultations and never collect fees attorney fees unless we recover for you. We represent injured persons throughout the State of Indiana.

How to Recover Damages From Your Wet Floor Slip and Fall Compensation Claim

Posted on August 20, 2020 by admin

A wet floor sign plays a vital role in the safety of both patrons and staff within a business. However, more needs to be done to protect others from slip and fall accidents. When such warnings and actions are not applied properly for this purpose, the property owner or proprietor can be held legally liable for any victim’s damages and losses that result from their injuries. If you were recently injured on a commercial property in a wet floor slip and fall accident, your next step is to retain skilled personal injury representation so that you can recover the full and fair compensation you deserve.

Continue reading to learn more about Indiana slip and fall accidents, including how to maximize your compensation and where to get started on your claim.

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Slip, Trip, and Fall Accidents

Losing one’s balance as a result of a wet floor can result in slipping and falling. When this happens as a result of a store or business owner’s negligence, the victim is likely entitled to economical reimbursement for their damages and losses. Damages and losses include out-of-pocket expenses accrued as a result of their injuries, like hospital and medical bills, lost wages from missing work, and more. So, what does negligence look like in a wet floor slip and fall scenario? Well, there are many ways a business can be negligent. One of the most common mistakes or inactions made is not displaying proper signage and warnings on rainy days, snowy days, mopping days, spills, leaks, or when the floors are otherwise wet. If this happens, a business is not taking the proper precautions they are obligated to under Indiana duty of care and negligence laws.

A Business’s Duty of Care

Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept; these two factors are “duty of care” and “breaching” the duty of care. Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental. Stores and businesses have this same legal responsibility, and if they fail to uphold that responsibility, thus directly causing another person to be injured or killed, they have breached their duty of care.

Advice for Making a Slip and Fall Claim in Indiana

If you or a loved one recently suffered serious injuries as a result of a slip and fall accident on another person’s property, you have the option of filing a slip and fall claim. During this filing process, evidence will be requested to prove that the owner of the property should have known, or did know, about the hazard that caused the accident to occur. To do this, hire an Indianapolis personal injury attorney that has experience in slip and fall lawsuits. They will provide comprehensive representation for all aspects of your slip and fall lawsuit. They can obtain compensation for damages related to your accident and injuries.

Contact Our Indianapolis Indiana Slip and Fall Lawyers Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to get started on your slip and fall accident claim in Indianapolis, Indiana. Our seasoned personal injury lawyers have decades of experience working on slip and fall cases, and will use every resource in our firm’s power to recover the full and fair compensation you deserve. Best of all, we offer free initial consultations and never collect attorney fees unless we win a settlement for you. We represent injured persons throughout the State of Indiana. Call 317-881-2700 to get started, today.

Where to Get the Right Personal Injury Claim Advice Near You

Posted on July 17, 2020 by admin

People, businesses, and similar entities can be held legally accountable if their negligence causes injury to another person. In almost all cases though, those negligent persons and businesses have insurance which will pay for any judgment against them. A negligent party’s insurance carrier will pay for any defense legal fees and any settlement with the injured party as well.

In addition to physical injuries and death, personal injury victims often suffer a wide range of economic and non-economic consequences, such as pain and suffering, mental trauma, lost wages, disabilities, disfigurement, and more. So, if you (or a loved one) was seriously hurt in a recent accident, it is important to document and the facts and obtain advice about making a personal injury claim to collect compensation for your damages and losses.

Continue reading to learn where you can get the right personal injury legal advice near you.

Types of Personal Injury Accidents

Here in the United States, the most common types of personal injury cases are car and motorcycle accidents, dog bites, slip and falls, workplace accidents, head injuries, assault, product liability, medical malpractice, and child injuries. Of course, there are several other personal injury scenarios commonly seen in the field, such as boat accidents, brain injuries, nursing home neglect, sexual harassment, construction site accidents, pedestrian injuries, knee injuries, and much more.

Tips for Directly After an Accident

After an accident, the first and most important task in order to protect yourself is to receive immediate medical care. Depending on the severity or obviousness of injury, you can get treatment by a first responder or EMT at the scene of the accident, ride in an ambulance to the hospital, or visit your primary care physician that day or the very next. Your second priority is to contact the police at the accident scene and make a police report. Once those two steps are completed, it is time to contact a reputable personal injury lawyer or law firm. The at-fault party’s insurance adjuster will already be working on the case.

Clearing Up Your Personal Injury Claim Questions

When it comes to a personal injury accident, victims, as well as their immediate families, generally have a lot of unanswered questions.

“Where do I go from here?”
“What is the next step in making a claim?”
“How am I going to pay all of my hospital and medical bills when I’m out of work?”
“How long will my recovery take?”
“Do I need to hire a lawyer?”

To get the right answers to all of these kinds of legal questions and more, your wisest course of action is to contact a licensed personal injury law firm near you. Choose a firm that staffs a seasoned team of accident attorneys with experience in your particular type of injury or accident. For instance, if you were injured at work, select a personal injury lawyer who is well-versed in workers’ compensation cases. Similarly, if your spouse was killed by a drunk driver, choose an attorney who has experience with motor vehicle accident claims.

Most law firms offer free initial consultations so that injured victims don’t have to waste money to simple discuss and assess their accident case. If a legal team believes a person has a valid claim on their hands, they will represent them without any upfront legal fees. They only collect attorney fees if they win a client’s case and recover compensation for their damages. From this compensation is how the lawyers will be paid.

A Leading Personal Injury Law Firm in Indianapolis, Indiana

Call the trusted Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, Indiana about your recent accident. We represent injured persons throughout the State of Indiana and we are ready to help you recover the compensation you deserve after being injured in a serious accident that was not your fault. We offer free initial consultations to assess your case and determine if you have a valid claim. Best of all, we never collect lawyer fees unless we recover compensation for you!

Will I Be Compensated for PTO and Sick Days in My Personal Injury Claim?

Posted on July 10, 2020 by admin

After being injured in an accident that wasn’t your fault, you may be forced to miss work as your recover. In fact, you may be forced to use your Personal Time Off (PTO) or accrued sick days to maintain your employment while also maintain a stream of income during your recovery. Is this fair, though? Many personal injury victims want to know if they can include their lost wages, as well as their PTO, as part of their claim.

Continue reading to learn the answer, as well as, some important information about collecting general damages in a personal injury lawsuit.

Whether you are taking days of from work for rest, doctor’s appointments, or medical treatments and therapies, the law says you can include PTO and sick days into your personal injury claim. In fact, victims are likely to be compensated for such losses, including lost wages and income, PTO, sick days. To understand just how victims might be eligible for receiving compensation for their lost wages and personal time off, it helps to understand economic damages. You see, in a personal injury claim, the losses suffered by the claimant are referred to as “damages”, which can be either economic or non-economic.

Economic Damages

Economic damages, also known as special damages, are financial losses that can be calculated. Losses that can be defined by an actual dollar amount and redeemed through financial compensation include hospital bills (i.e. hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e. physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses death (i.e. insurance, veterans benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

In contrast, non-economic damages are more difficult to assign a dollar amount to because they are not tangible monetary losses. Examples of non-economic losses include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to a loved one, paralysis of a loved one that changes or limits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

PTO Compensation

Since Personal Time Off is an exact number, it can be calculated, and therefore, categorized as an economic damage. This means that personal injury victims can include PTO, as well as all other types of lost wages, as part of their accident claim. If you had to use your personal time off to recover from a personal injury, you were forced to take a loss that you didn’t intend on taking, making you eligible for such compensation. Your only duty is to ensure that you can prove it through valid documentation, including doctor’s orders, statements from your employer, medical appointments, and more.

Talk to a Trusted Indiana Personal Injury Attorney for Advice Regarding Your Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

When is an Injured Employee Ineligible for Workers’ Compensation Benefits?

Posted on June 30, 2020 by admin

Getting injured on the job is a serious situation. This is why companies are obligated to provide employees with specific reimbursements to cover all workplace injuries. This legal duty of care falls under workers’ compensation law, which entitles most injured employees to certain benefits. Although not as common, there are some cases in which an employee is disqualified from receiving workers’ compensation benefits.

Continue reading to learn more about workers’ compensation claims and benefits, including when an employee might be ineligible for such coverage.

Indiana Workers' Compensation Lawyers 317-881-2700 — Indiana Workers’ Compensation Lawyers 317-881-2700

Occupational Health and Safety Administration (OSHA)

To understand workman compensation benefits, you need to know about OSHA regulations. The Occupational Health and Safety Administration (OSHA) is a governmental agency in charge of enforcing health and safety regulations in workplaces within the United States of America. Their primary goal is to ensure that American work environments are safe for both employees and guests. In fact, all American workers, employers, manufacturers, and more, are legally obligated to adhere to all OSHA rules and regulations. If they fail to do so, they can face serious legal repercussions, including heavy fines, lawsuits, restitution, and more. The reason why penalties are so strict is due to the fact that ignoring such codes and regulations can result in serious or fatal accidents.

Common Benefits Granted Under Workers’ Compensation Laws

When an injured employee makes a workers’ compensation claim, they are filing to receive compensation for their damages and losses incurred as a result of their workplace accident. Such damages and losses include hospital bills, medical expenses, lost wages from missing work, and similar out-of-pocket costs. Injured employees might also be compensated for permanent partial or total disability and for any permanent injuries.

Economic damages are for tangible financial losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages. Non-economic damages are not direct and tangible monetary losses, like medical bills. They are damages awarded for emotional or mental losses and hardships. See our blog, “What Benefits Am I Owed For My Workplace Injury Claim in Indiana?” for details about specific benefits that can be recovered through a workers’ comp lawsuit.

Workers’ Compensation Exclusion

There are also situations that would cause an injured employee to be excluded from worker’s compensation benefits. If an employee is injured at work under as a result of their own intentional conduct, an insurance company will likely deny their workers’ compensation claim. Cases that could render an injured employee ineligible for workers’ comp benefits include the following:

They were injured while committing a crime.
Their injuries were self-inflicted.
They were injured while under the influence of drugs or alcohol.
Their injuries occurred while partaking in a specifically restricted activity.

Where to Get Help With Your Workplace Injury Claim Questions

Always consult a licensed and experienced personal injury lawyer who specializes in workplace accidents for help understanding your rights to being compensated. Don’t let an insurance company tell you no when you need coverage for your resulting damages and losses. A skilled accident lawyer can help you recover the full and fair payout you deserve after being seriously injured on the clock.

Legal Advice For Workplace Injury Insurance Settlements in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your Indiana workplace injury claim with a licensed personal injury attorney you can trust. We retain extensive experience with workers’ compensation claims, and represent clients throughout the State of Indiana. Not only does our law firm offer free initial consultations, we never collect lawyer fees unless we obtain a settlement for you.

Difference Between Third Party Lawsuits and Worker’s Compensation Claims

Posted on May 19, 2020 by admin

Third-party lawsuits often involve workplace accidents and injury claims, but they are different from workers’ compensation claims. If an employee is injured on the job, but by a person or company outside of the workplace, this employee might pursue a claim against this “third party.” A quick example involves a truck driver being hit by a drunk driver while on the job. Not only can this truck driver collect workers’ compensation benefits, they can pursue a third-party lawsuit against the drunk driver that hit them. Third party claims help victims recover the full and fair compensation they rightfully deserve following a negligent accident that was no fault of their own.

Continue reading to learn more facts you need to know about workplace injury claims, third party lawsuits, and protecting your rights as an injured victim.

Workplace Injuries and Accidents

Workplace injury claims are turned over to the Workers’ Compensation Board of Indiana, while third-party lawsuits are addressed in state civil courts. To establish an opposing party’s accountability, a personal injury lawyer should be hired to facilitate a full and comprehensive investigation to collect evidence of such negligence. It is important to hire a licensed personal injury lawyer for these kinds of claims and lawsuits. They retain the effective legal resources and knowledge to document a strong case against an opposing negligent party. Be sure to choose a personal injury attorney with extensive litigation and trial experience in the case that your claim cannot be settled out of court. If a third party lawsuit cannot be settled outside of court, it must be decided upon by a judge or jury.

Here are additional examples of possible third-party lawsuit scenarios:

If a worker slips on wet floor and injures themselves, they can collect workers’ compensation. If the floor was wet because the cleaning company failed to properly dry it, the worker can also pursue a claim against the cleaning company. The settlement would be with their insurance company.

If a man injures his hand in factory machinery, he can collect workers’ comp. If the injury occurred because the machine’s design was flawed or defective in some way, he may also sue the machine’s manufacturer. The settlement would be with their insurance company.

If a dog gets loose from its owner’s grasp and attacks a housekeeper in a hotel, the housekeeper can collect workplace compensation, but can also pursue remuneration from the dog’s owner. The settlement would be with their insurance company.

If you were recently injured at work or anywhere else, contact a seasoned lawyer right away. Be sure to act fast, before the statute of limitations runs out on your claim and before evidence is lost, leaving you ineligible to pursue recompense for your damages.

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim, or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

What You Need to Know About Using a Personal Injury Lawyer

Posted on May 8, 2020 by admin

When you are seriously hurt in an accident, it is natural to have questions and concerns. In fact, hiring a lawyer is usually the last thought on a victim’s mind after suffering serious injuries in an accident that was not their fault. But the harsh reality is that a personal injury lawyer is something that needs to be considered right from the start in order to protect your best interests in terms of financial security and quality of life.

When an accident occurs, the insurance company for the defendant immediately begins an investigation in an attempt to protect it’s financial interests in the outcome and they have attorneys and insurance adjusters working on you case from day one and so should you.

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When to Use an Accident Lawyer – Always

In almost all injury cases you need the knowledge and expertise of a professional personal injury lawyer to win your accident claim for a full and fair amount. It is advantageous to hire professional representation if:

In general, there can be many technical or legal complexities. Such complexities that can make managing, bringing and winning an injury claim challenging without legal assistance and mistakes can cause you to lose the case.

You are Severely Injured or Disabled. If your injuries are severe or permanently disabling, you have a complex case, which means you definitely need professional legal representation to manage your injury claim. This includes wrongful death claims.

You Do Not Feel Comfortable Representing Yourself. Many people are simply uncomfortable with the responsibility of handling their own injury claim. There are many technicalities, legalities, paperwork, and more that require legal knowledge and a lot of time.

The Cost of Hiring a Personal Injury Lawyer

Typical attorney fee arrangements include retainers, hourly rates, and flat fees, but for personal injury lawyers, the most common payment model used are contingency fees. Lawyers who work on a contingency fee basis do not collect any type of payment upfront from a client. Instead, clients only pay their lawyers if they recover a settlement or judgment for them. Payments are conditional, or contingent, under this type of fee arrangement. So, if a lawyer does not win a settlement or monies for their client, the client pays nothing to the lawyer for their services.

Indianapolis Personal Injury Attorneys Who Will Fight For Your Rights

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced 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. We represent injured persons throughout Indiana.