What You Can Expect From the Personal Injury Lawsuit Process

Posted on May 24, 2022 by admin

No personal injury case is alike. They each have their own unique set of circumstances. However, most personal injury lawsuits will involve a similar legal progression, from the initial step of filing a lawsuit to the final phase of receiving a verdict or settlement. Continue reading to learn which steps will likely fill in the blanks between the start and finish of a personal injury case, plus where to obtain skilled accident representation for your claim in Indiana.

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Litigation Milestones in a Personal Injury Lawsuit

Although your personal injury case will not look like the next person’s, you can count on a few standard litigation milestones after deciding to move forward with a lawsuit, such as hiring an Indianapolis accident attorney and filing a complaint, as well as exploratory investigations, pretrial and discovery, depositions, and more.

Obtaining Legal Representation

The first step after making the decision to sue is to hire a personal injury law firm to represent you. An accident attorney has the proper knowledge, experience, and resources to build a strong and impactful case on your behalf to obtain the maximum settlement possible for your lawsuit.

It is not recommended to represent yourself in a personal injury lawsuit. Not only is the law complex, but the filing and deadline requirements are stringent. Furthermore, representing yourself places you at a much higher risk of losing money. You would be required to pay for all upfront costs and legal expenses, and in the end, likely receive a much lower settlement than you would without legal representation.

The personal injury lawyer might choose to initiate an exploratory investigation before taking you on as a client. An exploratory investigation primarily involves researching and confirming the defendant’s insurance coverage and your own underinsured coverage. If the lawyer decides you have a viable case, they will commence all the necessary paperwork, making the client-attorney relationship official. Next comes attempting to resolve your case with the defendant’s insurance carrier after you have finished your medical care and if the insurance company does not wish to resolve your case for a full and fair settlement, next comes filing the lawsuit.

Filing a Complaint With the Court

After establishing the client-attorney relationship, your accident lawyer will take the necessary steps to file a personal injury complaint, which will be physically served on the defendant. From there, the defendant is given time to hire their own legal team and prepare for the first court appearance. The personal injury complaint is the first official legal document in the lawsuit process. It contains the circumstances of the accident, including how the defendant was negligent and the damages you’ve suffered as a result.

Pretrial and Trial

The next major stage in the personal injury lawsuit process is pretrial, which is followed by mediation or a trial. During the pretrial process, the “discovery” phase takes place, which involves both sides exchanging evidence and information, including depositions from both parties, witness statements, expert witness testimonies, and more.

Also, during the pretrial process both sides will appear in front of a judge to agree to or reject mediation. The pretrial phase can take several months due to the intermittent court hearings and scope of evidence collection. Most personal injury cases settle out of court, but some do go to trial.

If your case goes to trial, lawyers will begin to select a jury, set mandatory settlement conferences, debate which pieces of evidence will be allowed at trial, and so forth. Once the trial begins, the process only takes a matter of days. Within a weeks’ time, give or take a few days, the court and jury will decide if and how much the defendant should pay the plaintiff for damages. If the defendant is found liable and ordered to pay, they can choose to appeal, which continues the process for several more months. The defendant’s insurance company will pay any verdict entered against the defendant, up to the insurance policy limits.

Receiving a Settlement

Both parties can agree to a settlement and close the case at any point in the process, even before a complaint is ever filed. There are many factors used to calculate a personal injury settlement.

The attorneys are responsible for preparing and agreeing upon the release document, which sets forth all the terms of the settlement.

Are you looking for skilled personal injury law firm to represent you in your 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 also represent injured victims all across the state.

Legal Facts About Shopping-Related Personal Injury Claims

Posted on May 17, 2022 by admin

When you plan an afternoon out to run errands or go shopping, you don’t usually portend any sort of danger. However, among all the personal injury claims made in the United States, shopping-related injuries are one of the most common. Accidents like slip and falls or orthopedic injuries are common shopping injuries that occur at a store due to store owner negligence. If you were recently injured on a shopping trip, it is important for you to understand the law so that you may best protect your rights to being compensated for your damages.

Continue reading to learn what you need to know about shopping- how to get started on learning your eligibility for pursuing legal action against a negligent property or store owner.

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Shopping Injuries and Accident Claims

Going over budget is not the only risk shoppers take when they visit a store. Shopping accidents are a common occurrence, and they happen under all sorts of different circumstances. In the case that a store owner was negligent by not taking the proper actions to maintain a safe premises or warn consumers of any potential hazards, an injured shopper could make an accident claim against them. Shoppers are not the only ones granted this civil right; workers, staff, and guests are also protected against such negligence.

Types of Shopping-Related Injuries

Shopping-related injuries describes a broad range of personal injuries that take place in a retail establishment, such as a mall or department store. These types of accidents increase in frequency during high shopping seasons, like Black Friday, Christmas, Labor Day sales events, and Memorial Day weekend sales.

One of the most common types of shopping-related personal injury accidents is slipping. Slip and fall accidents can cause serious muscular and orthopedic injuries, both of which can have long-lasting consequences. Neck, shoulder, hip, knee, and back injuries are common traumas suffered in a slip and fall accident, while more serious injuries include spinal injuries, head injuries, and broken bones. In the most serious of cases, shopping injuries can lead to wrongful deaths.

Slip, trip, and fall accidents are not the only type of shopping related accidents seen across the country. Additional types of shopping related injuries include crushing or blunt force trauma caused by a heavy falling/tipping object, or even trampling accidents caused by overcrowding. Shoppers are often injured in parking lot accidents as well due to poor lot design, poor lighting conditions, negligent maintenance, and failure to remove snow and ice.

Liability for Shopping Injuries to Consumers

So, when is a store owner responsible for a shopping accident that causes injury? The basis of all personal injury claims is proving negligence. Under premises liability law, a store owner has a legal duty of care to ensure that their premises is reasonably safe and free of any relatively foreseeable hazards. If a store owner fails to uphold this duty by not taking the proper actions to keep their premises safe or neglects to warn shoppers of a possible on-site hazard, they can be held accountable for the victim’s damages and losses.

To be successful in a personal injury claim, an injured shopper and their legal team would need to prove that:

▷ The store owner was (or should have been) aware of the hazardous condition.

▷ The store owner failed to provide routine inspections and maintenance on the premises.

▷ The shopper would not have been injured had the premises been free of hazardous conditions.

▷ The injuries suffered by the shopper were caused by the dangerous condition.

▷ The shopper suffered damages because of the accident.

Also, you should note that an entity leasing the property, as well as companies hired to manage and maintain the property can also be potential defendants in a slip and fall case.

Your Next Step as a Shopping Accident Victim in Indiana

It is important to retain professional legal counsel right after an accident has taken place. You could be entitled to compensation for your medical expenses, hospital bills, pain and suffering, lost paychecks from time off work, and much more. Be sure to choose a skilled personal injury law firm in Indiana for trusted legal advice regarding your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your shopping accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with an experienced premises liability personal injury attorney in Indianapolis, Indiana. We represent clients throughout the state and can hold meetings via phone, internet, or in person.

Does My Accident Give Me a Civil Cause of Action?

Posted on April 11, 2022 by admin

After being hurt in a wrongful accident, you may be wondering if you can recover compensation in the form of an injury-based insurance claim or lawsuit against the negligent party responsible. Continue reading to learn when a personal injury accident might give cause to a civil action, plus how to determine your own eligibility for bringing about a claim or complaint against an at-fault party in Indiana.

Personal Injury Civil Litigation Indianapolis Indiana 317-881-2700

Wrongfully Injured Victims Deserve Financial Justice

If you are wrongly injured in an accident that was caused by another person, entity, or product, there is no doubt that you deserve to be financially compensated for your damages and losses. Damages include things like medical expenses and hospital bills, as well as lost wages from missing work, fuel used to travel to and from doctors’ appointments, prolonged physical therapy, partial or permanent disability, pain, suffering, reduced quality of life, and much more.

However, there are a few factors to consider as a personal injury accident victim before making the decision to move forward with legal action against an at-fault party.

Ask yourself about the severity of your injuries. Are you severely injured? Are you moderately injured? Are your injuries proving to be long-lasting or impactful to the quality of your life?

You also want to ask if some of your damages and losses have already been paid for. Did insurance or someone else already cover the past, current, and future expenses incurred as personal injury victim? Are you required to reimburse your insurance carrier out of any settlement or judgment with the at-fault party’s insurance carrier.

Lastly, you must ask yourself how strong your case is. Are you the victim of a wrongful accident? Can you provide proof and evidence that you have incurred compensatory losses as a direct result of the accident?

An experienced personal injury lawyer in Indiana can help you answer and evaluate these questions and many more.

Do You Have a Personal Injury Case?

Confirming personal injury case eligibility is not so cut and dry. Although the accident might not have been your fault, there are different requirements and stipulations that may impact your case’s strength. For instance, most accident victims have two years under Indiana statutes of limitations to bring about a claim or lawsuit against an at-fault party. If you have waited longer than the state statute of limitations, which may be shorter or longer than two years depending on the type of accident you are in, you may have forfeited your right to do so.

For these reasons and more, it is critical to consult with a licensed Indiana personal injury lawyer as soon as possible following your accident so that you may learn exactly which damages and losses you have incurred as an accident victim, plus whether or not you have a valid or strong case for civil action.

Are you looking for a qualified Indiana personal injury law firm to represent you in your recent accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana.

What to Ask a Personal Injury Lawyer at Your Case Evaluation

Do I Have a Personal Injury Case?

Asking a lawyer about the validity or strength of your case is one of the basic and most essential inquiries to ask at a personal injury case evaluation. No one wants to waste anytime beating around the bush. Ask your injury attorney if the incident was most likely caused by another’s negligence, if you or your family are entitled to compensation for your damages, and how to file a claim. Which leads us to the next important question.

If a personal injury claim is valid, you should be entitled to remuneration for your economic damages, including lost wages, medical expenses, hospital bills, at-home nursing, long-term hospitalization, pain and suffering and much more. More specifically, you should be asking your lawyer how much compensation you are entitled to, and perhaps even what similar cases have paid out in the past. Obviously, the value of a case will largely be dependent upon the strength of the evidence and how long a person does or does not need on-going medical treatment and how long the injuries last.

How Much is My Case Worth?

The settlement you may collect largely depends on your total compensatory damages and losses, including lost wages, lost wages, hospital bills, medical expenses, mileage to and from doctors’ appointments, partial or permanent disability, and more. Settlements may also include non-economic or punitive damages as well, like pain and suffering, mental anguish, partial or permanent disability, permanent disfiguration, prolonged rehabilitation, loss of companionship, diminished quality of life, pain medication dependencies, reduced quality of life, and more. In order to truly know how much your case is worth, you must consult with a licensed Indianapolis IN personal injury a ttorney.

Will My Case Go to Trial?

There are various factors that influence the outcome of a settlement. Whether a claim gets settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer in Indianapolis assists with this part of the process. They are prepared to go to court for their clients but do everything in their power to avoid it and settle out of court instead. In most cases, personal injury claims are settled out of court.

How Much Will Lawyer and Legal Fees Cost Me?

Although not all, most personal injury law firms get paid on contingency. This means that clients do not have to pay the law firm for their services if the lawyers are unsuccessful at recovering a settlement or verdict for them. When clients do receive a settlement, lawyers will be paid a percentage of that settlement as defined in the lawyer-client agreement. This can range anywhere from 33 and 1/3% to 40%, depending on various factors.

In addition to paying the lawyers, personal injury clients will owe additional expenses and court costs. For these expenses, the attorney will front them and will just reimburse themselves out of any settlement or verdict if the case is won. Expenses would include things like copies, postage, filing fees, costs to obtain copies of medical records, and doctor reports and depositions if necessary.

Are you looking for a motivated Indiana personal injury law firm to represent you or a loved one? 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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Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

Posted on February 9, 2022 by admin

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.

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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 consor t ium, 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.

Do I Have to File a Personal Injury Claim if I Am Hurt in an Accident?

Posted on January 28, 2022 by admin

Merriam-Webster Legal Dictionary defines a personal injury as, “harm to one’s body, mind, or emotions broadly.” A personal injury typically results in a wide range of damages and losses, like medical bills, hospital bills, lost wages, pain, suffering, and more. Although it is not required by state or federal law to file a personal injury claim after being injured physically, mentally, or emotionally, there are many cases in which a victim should do so.

Continue below to learn under which circumstances an accident victim might want to make a personal injury claim, and how to get started on your own in Indiana.

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Personal Injury Claims are Not for Property Damages

Merriam-Webster Legal Dictionary further defines a personal injury as, “an injury that is not to one’s property.” This is important to note. Personal injury claims do not include property damages, such as automotive repair or damaged personal belongings after a car accident. Personal injury claims are solely meant to recover compensation for physical, mental, or emotional damages. However, a person who suffers a personal injury may also make a claim for property damages if need be.

Additionally, personal injury claims are reserved for those who are wrongly injured or killed by another liable party, either as a result of a negligent action or inaction, or an intentional act. Those who lost a family member due to the negligence of another may recover damages in a personal injury wrongful death claim. In such cases, a personal injury claim would be beneficial to a victim’s quality of life, now and in the future.

The most common types of personal injury cases are auto accidents, drunk driving accidents, motorcycle accidents, large truck accidents, slip and fall accidents, medical malpractice, construction accidents, workplace accidents, child injuries, defective products, and wrongful deaths.

When to Pursue a Personal Injury Claim

Why is it a good idea to file a personal injury claim after being injured in a wrongful accident? Personal injury survivors experience a wide range of stressors after their accident, including an influx of insurance claims, financial obligations, pain-and-suffering, and much more. This level of stress is heightened even more so for personal injury victims who are the primary wage earners or sole caretakers of their family. During this time, one’s sole focus as an injured victim should be to heal; not deal with these pressures and concerns.

Under these common circumstances, it would be considerably advantageous to file a personal injury claim. You can focus solely on your recovery, plus obtain compensation for your damages and losses caused by another person’s failure to use reasonable care. The first step in the legal process is to contact a trusted and experienced Indiana personal injury law firm. They have the knowledge, skills, resources, and drive to obtain the best possible outcome for your case.

Hiring an Attorney for Your Personal Injury Case

Many accident victims wonder if they need to hire an attorney to represent their case or if they can just represent themselves. Hiring a personal injury lawyer to represent your accident case is vital. You never want to represent yourself because insurance companies and large corporations will use every resource in their power to diminish the value of an accident claim. Such parties are extensively outfitted, and therefore, successful at doing so against those representing themselves.

A seasoned Indiana personal injury attorney will know how to combat all of the questionable strategies used by insurance adjusters and corporations, and ultimately ensure that you recover the maximum settlement or verdict for your claim.

Were you or your loved one wrongfully injured in an accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Can I Receive Personal Injury Compensation Without Filing a Lawsuit?

Posted on November 19, 2021 by admin

In many personal injury cases, surviving victims will file a lawsuit to obtain compensation for their resulting damages. There are many reasons for filing a lawsuit soon after a person is injured as a result of negligent conduct of another. There are time limits set to make your injury claim or you lose your right to. Filing a lawsuit also allows the attorney for the injured party to obtain evidence that they would not be able to obtain without filing a lawsuit.

However, suing is not the only legal recourse for recovering a personal injury settlement after a wrongful accident. Continue reading to learn three alternatives to suing for compensation after being injured in an accident that was not your fault.

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Personal Injury Lawsuits

There are many reasons why a personal injury victim or survivor might wish to avoid a lawsuit. Perhaps they want to evade additional fees and expenses incurred in the legal process; or maybe they just don’t want to experience any level of legal contention or confrontation.

Regardless of why you are interested in the possible alternatives to suing for compensation after a wrongful accident, the most important focus should be choosing the approach that has the best chance of success for your specific case. In order to do this, you must consult with a seasoned Indiana personal injury lawyer.

Alternatives to Suing for Personal Injury Compensation

► Filing a Claim

In cases of accidents with injuries, you may have the option to file a formal claim within the company or store responsible for your damages. They may have a claim-and-compensation procedure that is standard within their business model. You would simply fill out a form filing the claim and requesting compensation. You should not do this without consulting an attorney and it is best to have the attorney do this on your behalf in any event.

For wrongful accidents that happen within government buildings, it is standard to file a government tort claim within the applicable agency. If the government agency denies your claim for compensation, you could then pursue legal action by filing a lawsuit. To pursue a claim against a governmental agency, you must first file a tort claims notice in Indiana and there are very strict guidelines for what the tort claims notice must say and when it must be filed by so you should hire an attorney to do this.

Injuries that happen at work or on the clock while performing work-related duties are filed under a workers’ compensation claim. If the workers’ compensation claim is denied or inadequate, injured workers could take legal action by filing an Application for Adjustment of Claim with the Indiana Worker’s Compensation Board. Again, you should obtain an attorney as soon as possible after the injury occurs.

► Request Compensation Through Your Own Insurance Carrier

You may have the option to contact your own insurance carrier and request compensation for things like medical expenses, hospital bills, and subsequent expenses that you are paying for out-of-pocket because of your accident if you had what is called medical payments coverage. Since the legal process of filing a lawsuit and receiving a settlement can take months or even years, it is quicker to get your medical bills paid by filing a claim with your own insurance company. This will also keep your own medical providers from seeking payment for your medical services from you.

Your insurance company may provide you with compensation and then when you obtain a settlement with the at-fault party’s insurance company, you would reimburse your own company. You should always hire an Indiana personal injury attorney to ensure that you are fully compensated for your damages and losses following a wrongful accident.

► Your Attorney Can Send A Demand Letter

Another alternative to filing a lawsuit is to simply advise the defendant’s insurance company that you will be filing a lawsuit if a fair settlement cannot be reached. It is best to hire a personal injury lawyer to write your demand letter and represent you even if you are not filing a lawsuit. Negotiations and compensation mediation can be complex even without a judge and jury, so it is imperative to have adept legal representation to ensure you receive the full and fair settlement you deserve for your damages and losses.

Are you looking for personal injury lawyer to represent you in a current accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, India n a. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana.

The First Questions You Should Be Asking After a Personal Injury

Posted on November 9, 2021 by admin

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.

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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.

Does Personal Injury Compensation Cover Mental Health Treatment?

Posted on October 22, 2021 by admin

It is very common to suffer mental anguish and emotional health complications after being wrongly injured in an accident. This is especially true for those who have lost a loved one to a wrongful death incident, or for those who have to experience prolonged rehabilitation and therapy for their injuries or permanent injuries.

For this reason, many wrongfully injured victims wonder if they can obtain personal injury compensation to cover the cost of mental health treatment following an accident. The answer this question is not clear-cut, so continue reading to learn the facts you need to know.

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Claiming Mental Health Therapy as Part of Your Personal Injury Damages

As a wrongfully injured victim in a personal injury case, if you believe that your accident is directly related to your need for mental health therapy, you are entitled to claim these costs as damages. However, juries have the discretion of accepting that claim, as they would with any other medical claim. Insurance adjusters and legal representatives for insurance companies can be quite stubborn when it comes to accepting injured victims claims, even if supporting medical documentation is submitted. They will do everything they can in their power to reduce the value of the person’s claim as this is what they are trained to do and, in the end, if the insurance company pays less the insurance company makes more money.

For these reasons, it is critical to retain an experienced and skilled Indianapolis Indiana attorney who is well-versed and experienced in your type of personal injury accident. For instance, if you are injured in a car accident, be sure to hire a seasoned personal injury car accident lawyer. If you are injured in a slip and fall accident, search for lawyers who specialize in premises liability cases. Accordingly, if you are injured at work, hire a workplace injury lawyer who knows OSHA regulations and all surrounding Worker’s Compensation laws.

Does Your Mental Health Treatment Relate to Your Accident?

When determining your eligibility for being awarded compensation for mental health treatment, whether through a therapist or psychologist, it is important to ask yourself: “Does my need for mental health therapy relate to my accident?” and “Am I receiving mental health treatment from a qualified mental health professional?”

If the answer to these questions are: “yes”, then you can claim the cost of your therapy as damages in your personal injury case and the jury can put a dollar figure award for your psychological injuries as well. From there, your injury attorney will document a strong and impactful case to prove your damages and obtain the maximum settlement or verdict you deserve.

One way your personal injury lawyer will prove that your mental health therapies are related to your accident is to obtain a written opinion from a licensed medical practitioner stating that your mental, psychological, or emotional condition and the resulting necessary medical care, is causally related to the at-fault party’s negligent actions or inactions.

Mental Health Professionals Include:

☑ Therapists
☑ Counselors
☑ Licensed Social Workers
☑ Psychiatrists
☑ Psychologists

Because personal injury cases consider medical expenses as damages, seasoned Indiana personal injury lawyers can prove that your mental health therapy expenses, including both counseling sessions and prescription medications, are valid medical expenses causally linked to your accident, and therefore legitimate damages that you should be compensated for.

Are you looking for skilled personal injury attorney to represent you in your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act now, before time runs out on your claim or significant evidence supporting your claim is lost. We represent surviving loved ones and persons injured as a result of the negligence of another throughout the state of Indiana.

Where Do I File a Personal Injury Complaint?

Posted on July 30, 2021 by admin

After being injured in an accident that was caused by another person’s recklessness or negligence, it is likely that you are thinking about pursing a lawsuit. But where you ultimately file your personal injury complaint will depend on certain factors, including the extent of your injuries and the scope of your losses, as well as the person or party you are suing and where your accident took place.

Continue reading to learn the difference between filing an accident lawsuit in Small Claims Court and State Court, and who to trust for reputable Indiana personal injury representation.

Indianapolis Civil Injury Lawyers 317-881-2700

Personal Injury Filings in Small Claims Court

Following an accident that left you with injuries, you would normally bring your personal injury claim against the at-fault party in Small Claims Court if the total amount of money you are asking as compensation for your damages and losses are on the lower side of the spectrum, or below the state’s s Small Claims Court maximum threshold. Small Claims Court limits are generally set by the state and differ among jurisdictions, but most states establish theirs between $3,000 and $15,000.

Here in Indiana, the limit for Small Claims Court lawsuits is generally $8,000. Starting on July 31, 2021, the limit will be raised to $10,000. If your personal injury damages are less than the state’s damage cap for Small Claims Court, you could file your personal injury complaint there, but with the help of your Indianapolis accident lawyer. You can expect Small Claims Court proceedings to turnover much faster, oftentimes being resolved after just one court hearing.

Filing a Personal Injury Complaint in State Court

Personal injury victim would file their complaint in a regular State Court if the amount of compensation they are asking for is above the state’s threshold for Small Claims Court; and you would do so in the designated branch of the state’s civil court system. In either case in filing a personal injury complaint, your first step is to contact a skilled and experienced Indiana personal injury lawyer who can navigate your accident claim every step of the way. With an injury attorney on your case, you don’t have to think about where or how to file a personal injury complaint in the first place.

Are you looking for a seasoned personal injury representation after being hurt in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a friendly and experienced Indianapolis accident la w yer. We serve clients throughout the state of Indiana.

You Should Also Read:

Is it Better to Settle an Accident Claim Out of Court in Indiana?
Is There Still Time to File My Indiana Personal Injury Claim?
Am I at Risk of Any Consequences if I File a Personal Injury Claim?