Don’t Make These Common Mistakes With Your Personal Injury Claim

Posted on April 17, 2020 by admin

As a personal injury claimant, your most important responsibility is to follow the instructions of your representing attorney. That means ensuring you do not fall victim to some of the most common and damaging mistakes with your claim. Continue below to learn what these common personal injury claim mistakes are, and what you can do to protect yourself during the entirety of the legal process.

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Common Accident Claim Mistakes to Avoid

If you have been involved in an accident in which you sustained injury, it is vital that all proper and necessary steps are taken to file a personal injury claim against the liable party. Unfortunately, doing this on your own can leave room for mistakes. If a mistake is made during the filing process, you can be denied compensation for your injuries. Here are the most common personal injury mistakes made among claimants:

Failure to Document the Accident Scene

It is understandable that many victims of personal injury fail to document the scene of the accident. A combination of shock, emotional trauma, and pain can interfere with a person’s intent to document the accident sight. It is highly recommended to take photos and video to record the happenings, locations, and other various circumstances surrounding the accident if you are physically able. In the case that a person is injured too severely, a legal representative can help track down ambulance and police records following an accident. Having these records and documentations is a great advantage for someone pursuing legal compensation for their injuries, medical bills, and time off work.

Failure to Seek Medical Attention

Another common mistake people make following a personal injury is failing to seek medical attention soon enough. Defense adjusters argue that a claimant is not as injured as they state they are if they did not seek immediate medical care, even though they are fully aware that it is very common for injuries to manifest day, weeks and even months following a collision. In emergency situations in which an injury occurs instantly, such as broken bones, 3^rd degree burns, or serious lacerations, it is common to go to the emergency room and be seen by a licensed ER doctor and their medical team.

In the case that you experience an onset of injuries, meaning your injuries are not apparent right away, but appear and worsen days, weeks, or months later, you must see a doctor on your own as soon as the symptoms manifest. Do not assume that your symptoms will just go away on their own. If the injury is serious, go to the emergency room. If you are not sure of the extent of severity, you can start by contacting your primary care physician or family doctor to obtain good medical advice on what you should do.

Giving Statements Without Legal Representation

If a person is involved in an accident that caused them to sustain personal injuries, it is important for them to never give any statements concerning the accident to the defendant’s insurance company unless they have a lawyer present. Legal representation during a personal injury lawsuit is vital when it comes to seeking just and fair compensation. Speaking to a personal injury attorney before making any statements about the accident is an important step to obtaining full and fair compensation for damages and injuries following an accident.

Trusted Indiana Accident Attorneys Who Can Help You Recover The Compensation You Deserve

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Seasoned accident lawyers, Dan Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in an accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured persons throughout the State of Indiana. Contact us to get started in your financial recovery, today.

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What You Need to Know About Product Recalls and Injury Claims

Posted on March 11, 2020 by admin

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn more about defect products and injury lawsuits, including who to trust for verified legal counsel regarding your potential claim.

Defective Products and Product Liability

Here in Indiana, product liability cases are governed under The Product Liability Act, which defines a defective product as, “A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and (2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.”

Filing a Defective Product Injury Claim

An injured victim of a defective or recalled product has up to 2 years to file a claim against the at-fault seller or manufacturer under most situations. Some legal principals to consider when determining a victim’s entitlement to compensation for damages and losses: strict liability and market share liability.

Strict Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses. However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed. And third, a consumer must have obtained the product without a substantial change in its condition.

Market Share Liability

Market share liability is a legal set of rules that plaintiffs and courts use regarding a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. The apportioned share in a market share liability case is not always equal among manufacturers. It is divided according the percentage of the product they produced and distributed at the time a victim was injured by it.

Famous Product Recalls of Our Time

Ford Pinto (1978) – Perhaps the most famous recall of them all, the Ford Pinto was recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle; and as a result, numerous fatalities and injuries occurred among consumers.

Fire Stone Tires (2000) – Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused numerous motor vehicle accidents resulting in approximately 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

Renu Moisture Loc Contact Lens Solution (2006) – This Bausch & Lomb contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

Mattel Toys (2007) – Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

Ground Beef (2008) – The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall.

Speak to a Skilled Product Liability Lawyer for Indiana Injury Cases

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent product liability injury. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

Legal Facts About Pain and Suffering Damages in Indiana

Posted on March 6, 2020 by admin

When accidents happen as a result of negligence, which is defined as simply the failure to exercise reasonable care, victims are entitled to seek out the proper remuneration for their damages and losses which resulted from the negligent conduct. Although economic damages are usually easy to calculate, such as medical bills and absent paychecks, damages for pain and suffering prove to be more challenging. For this reason, it is vital for accident victims to hire a skilled Indiana personal injury law firm to represent them in their case. A qualified accident attorney will work to ensure clients recover the full settlement they deserve for all of their damages, whether economic, non-economic, or both.

Continue reading to learn Indiana’s law regarding pain and suffering damages in a personal injury case, as well as what you can do to recover compensation after being hurt in an accident.

Indiana Statute of Limitations

In Indiana, all personal injury claims, including medical malpractice and product liability, have a 2 year statute of limitations, with certain exceptions. This means that victims usually have 2 years from the date of their accident to file a claim against the at-fault party. Those making a claim against the state usually have 270 days from the day of their accident to do so, while those making a claim against a city or county usually have 180 days.

Indiana Damage Caps

Here in Indiana, the law places certain limits on personal injury damages for certain types of cases. For instance, in medical malpractice claims, the damage cap is set at $1.8 million. For most claims against the state, the damage cap is set at $700,000. Furthermore, because Indiana recognizes the legal principal of comparative negligence, victims who are found more than 50% at-fault for their subsequent injuries, they are not entitled to any recovery. Each case is different so an attorney should be consulted right away.

Economic and Non-Economic Damages

As mentioned in the introduction, there are two categories of damages: economic and non-economic. Economic damages are the actual expenses paid out of pocket by accident victims or their insurance carriers. Examples of such expenses are hospital bills, medical payments, and lost wages from work. Non-economic damages are more subjective costs, such as pain and suffering.

Calculating Pain and Suffering Damage

Every victim experiences a unique level of pain and suffering as a result of their accident. Examples of pain and suffering include the experience of being harmed, the stress and discomfort of the recovery and treatment process, mental anguish, depression, anxiety, PTSD, permanent disability, disfigurement, and similar emotional and mental inflictions. Because of the broad pain and suffering spectrum, it can be challenging calculating its financial value. In order to calculate pain and suffering in a personal injury case, many factors must be considered, measured, and applied to the final decision.

In some cases, personal injury attorneys push the multiplier method, which is a multiplier formula that aids in approximating a victim’s overall damages, both economic and non-economic. When using the multiplier method, a reasonable and valid multiplier is assigned to a case, and is then multiplied by the total of economic damages. The more severe, lasting, and painful the injuries, the higher the multiplier number will likely be.

Where to Get Trusted Legal Advice for Your Indiana Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in an accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. Contact us to get started in your financial recovery, today.

What are Contingency Fees?

Posted on February 21, 2020 by admin

When you hire a lawyer, one of your first questions will likely be about fees. But the type of fee arrangement offered by a law firm will vary depending on several factors, including the type of law practiced, the individual preferences of a lawyer, the complexity of your case, and much more. 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.

Continue reading to learn how contingency fees work and how much you can expect to pay attorney fees under this type of fee arrangement.

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Working on a Contingency Fee Basis

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 for their client, the client pays nothing to the lawyer for their services.

If a personal injury lawyer does recover a settlement for their client, the client will pay the initially-agreed upon lawyer fee, which is a set percentage of the total settlement or judgment value. In most personal injury cases, the industry average is about one-third/33.33% up to forty/40%.

Talk to Your Lawyer About Payments and Fees

Knowing the types of fees and prices for lawyers is an important part of choosing a legal team that fits your needs. It is encouraged to ask your lawyer questions about their fee arrangements and billing practices ahead of time so that you are better-prepared when the final bill comes and can fully-comprehend its charges. Also inquire about miscellaneous legal costs that might be expected.

A professional personal injury lawyer should always be fully transparent when disclosing payment and billing details to potential clients. Keep in mind that cheaper does not mean better when it comes to your legal representation.

Your Leading Indiana Accident Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury or wrongful death 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, as well as the surviving dependents in a wrongful death case.

How a Personal Injury Consultation Will Ease Your Mind After an Accident

Posted on January 3, 2020 by admin

No one really understands the pain, discomfort, and overall struggle that goes along with being injured in an accident more than you do right now. If you have a family, they too might also feel the impact of your accident and subsequent suffering. With all of this going on, likely your mind is filled with all sorts of emotions and anxieties. How are you going to pay for all of your hospital bills? Where are you going to get money for groceries and rent when you can’t even work? How is my quality of life going to be affected by these injuries? Am I going to get better and how long will it take if I am?

Fortunately, there is a simple way to put your mind at ease for the time being. All you have to do is find a trusted and experienced Indiana personal injury law firm that provides free initial case evaluations. Not only can they give you proper legal advice regarding your unique case, they can provide the support and protection you need during your legal matters. There is nothing more reassuring than knowing we are on your side.

Continue reading to learn that you need to know about personal injury consultations, including how they can help you during this challenging time.

What a Case Evaluation Will Do

A personal injury case evaluation is designed to achieve three primary goals. First, they are meant to determine whether or not you have a valid case. Second, they will determine where your claim falls within the state’s statute of limitations. Third, a case evaluation will identify any potential challenges or prohibiting factors posed. Furthermore, an initial personal injury case evaluation will give you an opportunity to learn more about your legal rights, including your rights to recovering a settlement for your damages and losses. During this evaluation, you will also have an opportunity to ask your potential lawyer questions about their practice, and the best course of action for your particular claim.

What to Bring to a Personal Injury Consultation

Initial personal injury consultations are free of charge with our law firm. Moreover, we do not charge any fee to a client until we win your case. However, there are several things you can do to prepare for your consultation to better optimize your time with a licensed personal injury lawyer. Some important items you might want to bring to your initial consultation include medical provider contact information, medical and hospital bills, missed work dates due to injury and recovery, witness contact information, insurance adjuster’s contact information, insurance policy documents, copy of the police report, and any other tangible evidence. Try to also bring a list of questions you have about your claim so that you do not forget to ask them. See our blog, “What to Bring to a Personal Injury Consultation” for details about locating such information for your case evaluation.

Important Topics You Should Discuss

During your initial consult meeting, you will want to address some important topics regarding legal costs. These topics include lawyer fees and expenses. Your attorney will be able to clearly and concisely answer all of your questions regarding these issues. After deliberating these topics, it is helpful to discuss what happens next. This will allow you to prepare for your case and follow through with any instructions or advice your lawyer has given you.

Who to Trust for Your Indiana Personal Injury Case Evaluation

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, located in Indianapolis, Indiana, if you or a loved one was recently hurt or someone died as a result of a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit. We represent clients throughout the State of Indiana.

How to Get Started On Your Indiana Personal Injury Claim

Posted on October 18, 2019 by admin

Were you recently injured in an accident caused by someone else’s negligence? If so, you are right to fight for the fair compensation you are owed for your pain, suffering, damages, and more. Continue reading to learn exactly which steps to take to get started on your Indiana personal injury claim.

In order to document a strong and impactful case identifying your total damages and losses after suffering a serious injury caused by someone else, it is vital to retain proper legal counsel. There are hundreds of personal injury lawyers to choose from, all of whom differ in education, knowledge, experience, ambition, skill, and more. Your first priority when filing a personal injury claim is to hire a seasoned accident attorney who has the necessary credentials and experience to recover the full and fair amount of compensation you deserve.

Simply go straight to the leaders in Indiana accident law. Call the Law Office of Craven, Hoover & Blazek P.C. at 317-881-2700, right now.

Our knowledgeable and motivated accident lawyers provide the most comprehensive and effective legal representation for seriously injured victims and their families in Indiana. We understand the emotional, physical, and financial stress that follows a catastrophic accident or serious injury. We can clearly guide you through the complex legal issues that surround your personal injury lawsuit in a way that is most comfortable for you. We encourage our clients to heal and recover in their personal lives while we handle all aspects of their personal injury claim. You have enough to worry about and your attorneys should be taking some of the stress of the entire situation away.

Our personal injury attorneys have for decades successfully recovered fair and generous compensation for personal injury damages, including past, current, and future ones, including pain and suffering, medical expenses, hospital bills, funeral expenses, mental anguish, loss of ability to work, pain medication dependencies, loss of love or companionship, lost earnings, loss of benefits, prolonged rehabilitation, permanent disabilities, diminished quality of life, exemplary damages, and much more.

How to Get Started on Your Claim Today

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. 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.

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