Do I Still Have Options if the Insurance Adjuster Denies My Injury Claim?

If an adjuster denies your personal injury claim, you still have legal recourse. An experienced Indiana personal injury lawyer will fight the insurance company and ultimately recover the settlement or verdict you deserve. Continue reading to learn what to do if an insurance adjuster denies your injury claim, plus who to trust in Indianapolis for seasoned personal injury representation.

Indiana Accident Claim Lawyers 317-881-2700
Indiana Accident Claim Lawyers 317-881-2700

Coverage for Personal Injury Damages and Losses

When a person is wrongly injured, the at-fault party’s insurance company is held liable for the victim’s subsequent economic damages and losses, and sometimes, non-economic damages like prolonged physical therapy, pain-and-suffering, loss of companionship, and more if the at-fault party had liability coverage. Examples of common economic damages include hospital bills, medical expenses, lost wages from missing work, future compensatory losses, and much more.

Personal injury damages and losses generally depend on the severity of the accident and resulting injuries, as well as local jurisdiction. On the other hand, there are times when the faulted party’s insurance company denies liability after a victim submits their claim, stating that the law says the victim is responsible for the accident, and ultimately, any damages that may have been incurred as a result.

What Does an Insurance Adjuster Do?

In these cases, it is important to know more about adjusters and what their job entails to better understand what they tell injured victims. Furthermore, it is important to know that there are still viable options for personal injury victims whose claims are denied by the opposing party’s insurance adjuster.

An adjuster is usually not a lawyer or legal professional; they are regular insurance company employees. This means that they may have a broad idea on the law regarding their particular job role and the cases they oversee, but they do not have detailed knowledge of the law or the facts. They cannot possibly know whether you are liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced Indianapolis IN personal injury lawyer to navigate your claim and fight for fair compensation on your behalf.

Although insurance companies do not want you to hire or even speak with an attorney, they have their own in-house attorneys to assist their adjusters from day one, defending an injured party’s claim from the at-fault party’s perspective. Overall, insurance companies want to pay out the lowest settlement possible for every claim as they are in the business of making money, and the tactics they use are designed to pay out as little or nothing if possible.  Insurance carriers have attorneys from day one and so should you.

What To Do if Your Claim is Denied

You should hire an attorney from day one following your collision and prior to talking with anyone else about the collision. Talk to a personal injury attorney in Indianapolis to learn your rights from day one. You should not try to be your own attorney.

Are you looking for qualified and trustworthy personal injury guidance in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Our seasoned accident attorneys can meet with you over the phone or computer, or in-person at our Indianapolis law office. We represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

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Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

Every personal injury case is different, especially when it comes to timelines. The length of time an injury case takes to settle will depend on several factors, including the lawyer’s professional ability, congestion in the courts, the at-fault party’s insurance carrier’s reasonableness, the claimant’s reasonableness in deciding to accept or reject a fair offer, and much more.  If you are currently involved in a personal injury case, you are likely eager to settle, but you should only settle your case if you are getting full and fair compensation, based upon all the facts of the case.

Continue reading to learn the top three reasons why personal injury claims take time to settle or go to trial, plus who to consult for more answers to your accident case questions.

Indianapolis IN Personal Injury Law
Indianapolis IN Personal Injury Law Firm 317-881-2700

Top 3 Causes of Accident Claim Delays

Do you feel as if your personal injury claim is taking longer than usual to reach a settlement? Well, before you place the blame on your lawyer or surrender too quickly to a low-ball offer, look at these 3 common reasons that contribute to accident claim delays:

1) Challenging Legal Matters and Disputes

The basis of virtually all personal injury claims comes down to two elements: first, establishing fault by proving negligence, and second, proving the full value of a victim’s damages and losses. If your personal injury case poses convoluted or challenging legal issues, such problems can make a case take longer to resolve. This is typically due to the argument of proving liability.

In a negligence lawsuit, the claimant, or plaintiff party, carries the burden of proving their case. In order to do so, they must provide evidence to establish that the opposing party had a duty of care, breached that duty of care, and as a result, caused an accident that led to serious losses and damages of the victim or to their surviving family.

2) High Settlement Case

If your personal-injury claim is one that involves a significant amount of money in terms of damages and demanded compensation, it can cause the case to drag out a bit longer. When such quantities of money are involved, more negotiations are likely to occur because insurance companies simply won’t payout more than they have to unless they have done their due diligence. An insurance company will investigate a big money case longer for a few reasons, but mostly if they don’t already have a good defense on the claim, or they believe that a claimant’s injuries and damages are not as severe as they have alleged them to be.

3) Maximum Medical Improvement (MMI)

If you are still receiving medical treatment for the injuries you suffered as a result of your wrongful accident, you have not yet reached maximum medical improvement (MMI), the point in which your injuries can no longer be improved. It is important to have patience while receiving medical treatments for the injuries caused by your accident because you could be entitled to further damages, such as permanent disability, loss of consortium, loss of companionship, loss of ability to work, future pain and suffering and more. You never want to settle a personal injury claim until you have reached maximum medical improvement. This way, you can ensure that you are given a settlement that covers all your losses and damages, both past and future.

Our law firm does not get paid until we obtain a settlement or verdict for you.  That being the case, we strive to obtain a settlement or verdict as quickly as possible for our clients, but with the understanding that the settlement must be full and fair, based upon all the evidence for the case.  Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled civil litigator and discuss your pending personal injury lawsuit in Indianapolis, Indiana. We represent injured persons throughout the state of Indiana.

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Can I File a Lawsuit if I Am Injured on Public Stairs Without Railing?

Fall accidents on public stairwells occur more than you think. According to a recent study published by the National Library of Medicine, it is estimated that 1 million victims suffer injuries each year in the United States because of defective or negligently-maintained staircases. Such accidents take place on stairs in public spaces, multi-housing complexes, commercial buildings, and more.

If you are a recent stairwell accident victim that was injured due to a missing or defective handrailing, continue reading to learn what you need to know about your rights to pursing legal action against the responsible party and what types of damages you might recover.

Stairwell Accident Lawyers Indianapolis IN 317-881-2700
Stairwell Accident Lawyers Indianapolis IN 317-881-2700

Stairwell Building Codes for Indiana

Each state has their own set of building codes and ADA (Americans With Disabilities Act) requirements. Public spaces, businesses, and commercial buildings are mandated by law to adhere to all building and construction standards listed in such codes, and at all times.

Here in Indiana, there is a specific set of regulations for interior and exterior public stairwells that have more than 2 risers. These regulations and building codes are highly complex and comprehensive, so here are some primary points:

► Maximum Height of Each Riser – 8 ¼ Inches
► Minimum Height of Each Riser – 4 Inches
► Minimum Length of Each Step – 9 Inches

*All stair tread must be even and uniform.
*Maximum riser must not exceed the smallest by more than 3/8th inch

Handrails have their own set of building codes and standards. For Indiana, stair railing must adhere to several requirements, such as:

▷ Railing cannot have any gaps and must be continuous.
▷ Handrails are mandated by law for stairwells with more than 3 risers.
▷ Rails must be a minimum of 34 inches and maximum of 38 inches from the tread.
▷ At least 1 ½ inches of space is required between the wall and the handrail.
▷ Railing must be free of sharp edges or corners.

Suing for Injuries Caused By Defective Stairwell Handrails

If you were seriously injured on public stairs because they were not up to code according to Indiana law, you are entitled to pursing compensation for your damages and losses through a slip and fall accident claim or premises liability lawsuit. Consult with a licensed Indianapolis IN personal injury lawyer as soon as possible, before all evidence is lost to support your claim, or time runs out on your case.

You may be able to recover a settlement or verdict for damages like hospital bills, medical expenses, lost wages, pain and suffering, permanent injuries and similar costs and losses. Just be sure to choose the right Indiana personal injury law firm to represent your case. They will be your best chance at recovering the full and fair amount of compensation you deserve as a victim of an Indiana stairwell accident.

Not sure how to get started with a personal injury premises liability claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis civil litigator regarding your stairwell slip and fall accident. We represent clients throughout the state of Indiana.

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The First Questions You Should Be Asking After a Personal Injury

If you wish to file suit against a person or entity after being wrongfully injured in an accident, you need to equip yourself with the right knowledge. By asking the important questions straight away, and from a reputable and well-versed source, you are placing yourself at an advantage.

If you are thinking about bringing a personal injury lawsuit seeking compensation for your damages and losses, begin your course by asking these important questions about your personal injury first.

Injury Lawyers Indianapolis Indiana 317-881-2700
Injury Lawyers Indianapolis Indiana 317-881-2700

Important Personal Injury Questions You Need to Ask Your Lawyer

Who is to Blame for My Personal Injury?

Establishing legal liability is a central element of all personal injury cases. Your first question should be regarding fault in your accident. Here in Indiana, our legal system uses a modified comparative fault principle, which allows claimants to collect personal injury compensation for their damages so long as they are less than 51% at-fault for their accident. If you are less than 50% to blame for your accident, it is wise to consult with an Indianapolis personal injury lawyer to learn your eligibility for filing suit.  For example, if a jury finds you 50% at fault and the defendant 50% at fault, you still recover your damages award, but only 50% of it.

How Much Does It Cost to Hire a Personal Injury Attorney?

Most personal injury law firms operate on a contingency-fee business model. Under this arrangement, if a law firm does not obtain a settlement or verdict for their client, the client does not owe any lawyer fees whatsoever. The personal injury lawyers’ fees are contingent on whether or not they win their client’s case. On average, personal injury clients can expect to pay between one-third and forty percent of their total settlement or judgment in attorney fees.

Clients are also required to pay for all other legal expenses, such as court costs, filing fees, medical records, police reports, investigator fees, expert witness fees, depositions, transcripts, trial exhibits, and mailing postage. So long as you find an experienced Personal Injury Law Firm to represent your case, you will have more than enough compensation to cover all of your losses, plus pay your attorney fees and expenses because your attorney will be able to obtain the full value for your case.

Do I Still Have Time to Make a Personal Injury Claim?

The state does place a limit on the amount of time injured victims have to bring about a personal injury lawsuit against an at-fault party. This is known as statute of limitations, and they vary depending on the nature of the accident and the local jurisdiction. Most personal injury cases have a statute of limitations of 2 years from the date of the accident. Talk to your Indianapolis accident lawyer to learn how much time you have left to file a personal injury claim in Indiana.

What is the Value of My Personal Injury Case Worth?

Every wrongfully injured victim worries about the financial toll their accident and subsequent damages will have on their livelihood, and more importantly, their quality of life. For this reason, it is important for accident survivors to obtain the maximum settlement for their damages and losses. Accordingly, it is important to also know how much their personal injury case is worth. Some accident lawyers are obviously better than others. But the right Indianapolis personal injury lawyer will stop at nothing until their client is awarded the fullest and fairest settlement possible. By knowing the value of your case, you can ensure you are choosing a qualified personal injury law firm to represent your case.

What Kind of Damages Might I Collect for My Personal Injury?

By knowing the general value of your damages, you can better gauge the total value of your personal injury claim. Types of damages may include medical expenses, hospital bills, over-the-counter medication costs, prescription costs, lost wages, time off work and similar expenditures.

They can also include future economic losses like prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more.

Injured victims can also collect non-economic damages for pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Are you looking for a reputable and skilled personal injury law firm to answer your questions about a recent accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

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The Link Between Gross Negligence and Punitive Damages

Punitive damages in a personal injury case are fairly uncommon since they are generally awarded in trials involving egregious or reprehensible behavior. In fact, such damages are awarded solely for the purpose of punishing the defendant responsible for the accident and to deter other persons from performing similar acts. Under the realm of punitive damages, you may come across the term gross negligence, which is an element to proving punitive damages.

Continue reading to learn more about gross negligence and punitive damages in a personal injury case, including how to get more information regarding your eligibility for pursuing legal action against an outrageously negligent person who caused you or your loved one harm in an accident.

Negligence Lawyers Indianapolis IN 317-881-2700
Negligence Lawyers Indianapolis IN 317-881-2700

General Damages in a Personal Injury Case

A wrongfully injured victim can recover qualifying general damages, also called compensatory damages, in a personal injury case. Such damages include calculable expenses such as hospital bills, medical expenses, lost wages for missing work, and even the cost of fuel driving to and from doctors’ appointments or treatments. They may also recover non-economic damages for mental anguish, pain and suffering, permanent disability, and similar non-expenditure consequences of being wrongfully injured in an accident.

Punitive Damages

When a defendant in a personal injury case has done something particularly egregious, the victim of the accident may be awarded punitive damages. Although the injured victim benefits from the compensation, punitive damages are awarded for the purpose of punishing the defendant for their inexcusable or reprehensible behavior that caused the accident and to deter other persons from performing similar acts .

Gross Negligence

In most states, in order to be awarded punitive damages, the defendant must have behaved maliciously, deceitfully, intentionally, or with extreme recklessness, disregard, or indifference. This type of behavior is generally referred to as gross negligence in personal injury cases. To be awarded punitive damages, an injured victim’s personal injury lawyer would have to prove gross negligence. Gross negligent behavior can be an act, or even a failure to act.

Example of Gross Negligence

To better understand gross negligence cases, here is an example of a potential accident that would call for punitive damages:

A building inspector identifies a railing hazard on the 3rd floor apartment balcony and gives the landlord a report that suggests repairing it immediately. Knowing that the balcony railing is loose and requires replacement, the landlord rents the apartment to a family without making the repair. As a result, the 3 year old child falls off the balcony and dies. The landlord could be said to have acted with extreme negligence and disregard to their tenant’s safety. The bereaved could file suit against the landlord seeking general damages and punitive damages in a wrongful death case.

Are you looking for skilled personal injury law firm to represent you in your gross negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent injured victims and loved ones of persons who have dies as a result of the negligence of another person or corporation throughout the state of Indiana.

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Will My Case Have a Better Outcome if I Hire a Personal Injury Lawyer?

Although you are not required by law to hire a lawyer to represent your personal injury claim, it is strongly encouraged. Continue reading to learn why a personal injury attorney is your best ally in recovering the maximum settlement for your damages and losses.

Indianapolis IN Accident Attorneys 317-881-2700
Indianapolis IN Accident Attorneys 317-881-2700

Benefits of Personal Injury Representation

Hiring a personal injury lawyer to represent you in your accident claim is smart, not just for financial reasons, but for practical ones as well. You see, a lawyer is your single point of communication and accountability during your claims and case process. They handle every aspect of your case, from recovering a full and fair damages settlement or verdict for your medical bills, lost wages, pain and suffering, etc… for you, to remaining a steadfast supporter during a trying time in your life.

Additionally, personal injury lawyers often work on contingency, which essentially means they only bill you for their services if they are successful at recovering a settlement or verdict for you. Under a contingency-fee payment model, you would not be required to pay any upfront lawyer fees. You will only pay if you are awarded compensation.

Most importantly, personal injury lawyers know tort law. They know all the intricacies of the judicial system in which they work in, and they know all of the strategies and tactics that are effective against the local and national insurance companies. They have the specialized skills and knowledge to investigate personal injury cases down to the very last detail and prove their clients’ damages.

Expert personal injury lawyers can usually negotiate accident claims outside of court, but, if necessary, they are perfectly prepared to take a case to trial and fight for their victims’ rights to full and fair compensation.

Why You Do Not Want to Represent Your Own Claim

Some people choose to represent themselves in legal disputes or lawsuits, but when it comes to an accident claim, you do not want to take the chance. Navigating personal injury claims takes experience, industry knowledge, and most importantly, skill.

Insurance companies are ruthless as the less money they settle the claim for, the more they keep for themselves and because of this, they specifically train their adjusters to try to get injured victims to agree to the smallest settlement possible. A skilled personal injury lawyer is well-versed in such insurance adjuster tactics and knows how to navigate around them for a successful outcome.

Overall, if you want the best outcome possible for your personal injury claim, you will need to hire a personal injury law firm.

Avoid Hiring a General Practice Lawyer

A common mistake made by personal injury victims and survivors is not hiring the right type of lawyer. General practice or family lawyers are not well-versed in tort law and may not be the best asset for your claim. Hiring a specialized personal injury lawyer is the best choice for accident and injury claims and lawsuits. They are the professionals who retain the proper legal acumen and experience to obtain the best possible outcome for accident victims and their families. 

Think of it this way: in the medical field, your primary care physician makes a referral for you to go see a specialist because they are more knowledgeable in a particular medical area of practice, say a neurologist or neurosurgeon.  It is the same for the legal profession.  If you need a will done, you would go see an attorney who practices in the probate area of law.  If you have a personal injury case, you should hire a law firm where all its attorneys each have over 25 years of experience in every type of personal injury case.

Are you ready to learn more about pursuing legal action against the party who caused your injuries and subsequent damages? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before time runs out on your claim or evidence supporting your claim is lost.  All of our attorneys are very experienced (more than 25 years each) in personal injury cases of all kinds and we represent injured persons throughout the state of Indiana.

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How to Prepare for Your Personal Injury Consultation

When meeting with a personal injury lawyer for the first time after being wrongfully injured in an accident that was not your fault, it is normal to experience a broad range of emotions, including nervousness, anxiety, and confusion. So, before your initial case evaluation at a personal injury law firm, help yourself by learning what to expect and how to prepare. Continue reading for tips on meeting the personal injury lawyer for the first time.

Indianapolis IN Personal Injury Law Firm 317-881-2700
Indianapolis IN Personal Injury Law Firm 317-881-2700

The Purpose of a Personal Injury Case Evaluation

Virtually all personal injury law firms offer free initial consultations, which allow potential clients to learn their eligibility for pursuing legal action against the wrongful party who caused their accident and subsequent injuries, as well as get to know the lawyers and legal team that will be working the case. During your initial consultation, you will discuss your accident and injuries with a licensed personal injury attorney who will gauge the strength of your claim and determine the best course of action to recover compensation for your damages and losses from the at-fault person’s/company’s insurance company.

How You Can Prepare for Your Initial Consultation With an Accident Lawyer

There are plenty of things you can do on your end to be fully prepared for your initial consultation at a personal injury law firm. First, gather all relevant documents and proofs of evidence related to your accident and subsequent injuries. Such documents might include medical bills, notices, letters and/or emails from insurance companies, receipts, police reports, witness statements, medical records, doctors’ notes, records of current treatment, previous paychecks prior to your accident, and anything else that might have to do with your claim.

Once you have gathered all of the necessary paperwork and documentation that is related to your case, your next step to prepare for an initial consultation is to write down a statement or summary of your accident, injuries, and current quality of life and living situation. Be as chronological and detailed as you can, including any times, dates, people, places, and things involved in the accident. At the end of your summary, write down any questions you have for your lawyer. This way, you’ll be able to remember exactly what inquiries you have about your rights.

The Day of Your Case Evaluation

It is important that you arrive on time for your personal injury case evaluation. If you are unable to be on time, or unable to make it all together, be sure to call ahead and let the office manager know as soon as possible.

When you arrive at the office for your meeting, you will check in at the front desk with the office manager or receptionist. You will likely have a seat and a small waiting room, and then be escorted back to an attorney’s office by the attorney themselves or their paralegal. It is very important that you be completely honest with your lawyer and turn over all documents and paperwork that you have gathered for your case.

Are you ready to schedule a free personal injury case evaluation in Indianapolis? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement you deserve.  We represent injured persons and dependents of loved ones in wrongful death cases throughout the state of Indiana.

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Frequently Asked Questions About Indiana Slip and Fall Lawsuits

When a slip and fall accident in Indiana causes you severe injuries, you can expect to also suffer several other types of losses, like mental and emotional anguish, lost wages, and medical bills. If your accident occurred as a result of another’s negligence, you need professional personal injury representation to successfully recover the maximum settlement you are owed for your damages and losses.

Not sure where to begin as a wrongfully injured victim? Continue below to review some frequently asked questions about slip and fall lawsuits, including how to find the right Indiana accident law firm for your claim.

Slip and Fall Injury Lawyers Indianapolis, Indiana
Slip and Fall Injury Lawyers Indianapolis, Indiana 317-881-2700

Slip and Fall Accident FAQS

Do I Need to Hire an Accident Lawyer for My Slip and Fall Injury Claim?

If your slip and fall accident and subsequent injuries were caused by another’s negligence, you are highly encouraged to hire a personal injury lawyer to prove your damages and obtain the full and fair compensation you deserve. As the claimant, you have the burden of proving not only liability, but also damages and losses, past, current, and future. For this reason, a personal injury lawyer is a vital asset, as they have a full comprehension of the laws and therefore, retains the skills and acumen needed to prove your case. They navigate all the legal complexities of your claim, allowing you to put all of your focus on your own physical, mental, and emotional recovery.

How Will My Indiana Slip and Fall Lawyer Prove My Damages and Losses?

The primary aspect of a slip and fall accident claim is to identify the at-fault party. Who is ultimately responsible for the circumstances that made the accident take place? There can sometimes be more than one at-fault party.  Your slip and fall lawyer will implement their legal resources to investigate every detail surrounding the accident and overall case, thus gathering the needed evidence to prove liability and duty of care owed.

Once your lawyer proves liability, they will then prove how the at-fault party was negligent, and how that negligence was a responsible cause of the accident and resulting injuries. Then they will present all evidence that proves your injuries and subsequent damages and losses. Such losses include pain, suffering, mental and emotional anguish, as well as lost wages from missing work, hospital bills, medical expenses, and more.

What are Some Common Types of Negligence That Cause Slip and Fall Accidents?

Some of the most common types of negligence that cause slip and fall accidents include wet or slippery floors with no warning signs nearby, crumbling or unlevel steps, torn carpeting, poor lighting, broken stair rails, poorly-maintained pavements, frozen ice on walkways that were not treated with deicer salts and spills on floors that are not cleaned up in a timely manner.

Can I Sue the Person or Company Responsible for My Slip and Fall Accident?

If your slip and fall accident occurred because another person or party acted negligently and failed to uphold their duty of reasonable care to protect you from harm, you should be able to bring a personal injury claim against them in order to obtain compensation for your damages and losses. You should consult with a skilled and experienced Indiana personal injury attorney to learn your eligibility to pursue legal action against a negligent party, and to professionally represent your claim. Most claims are settled out of court, but a competent law firm needs to be willing and ready to take your case to trial to ensure you receive the maximum settlement or verdict for your claim if necessary.

Are you ready to get started with your slip and fall injury claim in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 888-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured people and wrongful death cases for clients throughout the state of Indiana.

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Indianapolis Personal Injury Lawyers 317-881-2700
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How a Personal Injury Attorney Will Prove Your Accident Claim

Negligence is the legal concept that personal injury cases depend on. You need proof of negligence for an injured victim’s legal team to recover compensation for the injured person’s damages. This is why it is so vital to hire a licensed personal injury attorney that is experienced in the specific type of serious accident (motor vehicle, trucking collision, slip and fall, wrongful death, etc…) you or a loved one were recently involved in.

Hiring a seasoned accident attorney will give you an advantage when it comes to proving fault in a personal injury case. Just be sure to act fast before evidence is lost and file a claim before your state’s statute of limitations runs out.

Continue reading to learn more about establishing negligence and personal responsibility in an injury claim.

Indianapolis IN Personal Injury Attorney
Indianapolis IN Personal Injury Attorneys 317-881-2700

A Brief Explanation of Duty of Care in a Personal Injury Lawsuit

Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept: the two factors being “duty of care” and “breaching” that duty.  Every person in the United States has a legal responsibility, or duty of reasonable care, to prevent or avoid causing harm to another person, whether intentional or accidental. Establishing a party’s duty of care is the primary step in a personal injury case, and the step your lawyer will be initially focused on.

Proving Liability

Your hired legal team will work to prove that the at-fault party had a responsibility and failed to uphold that responsibility, causing another person to get injured or killed. They need to show the jury or judge that a defendant breached their personal duty of care, which led to a person getting hurt. If these two concepts can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages.

Proving Damages and Losses

Once these two concepts are demonstrated and confirmed, the next step is to prove that their client (the injured victim or plaintiff) suffered damages as a result of the defendant’s negligence. For more information or advice regarding accident lawsuits and filing claims after being hurt in an accident, be sure to consult a licensed Indianapolis Indiana accident lawyer for accurate and knowledgeable counsel you can trust.

Are you ready to begin the process of filing an accident claim after being wrongfully injured in an accident or event? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursing legal action against a suspected at-fault party.  Once a verdict or settlement is obtained, the at-fault party’s insurance carrier pays the verdict or settlement. From the initial consultation to the final verdict if necessary, our Indianapolis personal injury attorneys are by your side every step of the way.

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Indianapolis Personal Injury Lawyers 317-881-2700
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Facts About Lost Wages in a Personal Injury Claim

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
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.

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