Am I Liable if My Guests Drink and Drive?

Social host liability is a real thing, and you should be fully informed of this legal responsibility before serving alcohol at your next soirée. Of course, not all states have social host liability laws, such as New York and California, but most do. So, do your part by learning what it takes to be a safe and responsible social host.

Drunk Driving Accident Lawyers Indianapolis Indiana 317-881-2700
Drunk Driving Accident Lawyers Indianapolis Indiana 317-881-2700

Key Facts Surrounding Social Host Liability

If you are planning to serve alcohol to guests at your next event or party, be sure you know where you stand in terms of legally liability. The law will hold you [and therefore your home owner’s insurance company] responsible for the actions and inactions of your intoxicated guests, including drinking and driving. In fact, DUI cases are among the most common scenarios in which social host liability comes into play. If you knowingly serve alcohol to an already-inebriated guest or over-serve alcohol to a formally-sober guest, and then they drive home, you can be held legally responsible for any damages and losses they cause while operating their vehicle under the influence of alcohol.

Whether they drunkenly decided to joyride across a private golf course, fall asleep at the wheel and hit a pedestrian, or cause a serious auto accident that results in bodily harm to another, responsibility for these incidents could link back to you if the driver got drunk at your party on your alcohol. In serious cases, a social host could face criminal charges on top of a civil lawsuit.

Serving Minors

Social hosts also have a legal duty of care to ensure alcohol does not get in the hands of anyone who is under the legal drinking age. If you are caught serving alcohol to a minor, and that minor, under the influence of alcohol, drives and gets into an accident, you could be held civilly and criminally responsible. This also applies in some cases of unknowingly supplying alcohol to minors. In the case that your teenager and some friends steal the liquor from the cabinet, and then an accident takes place as a result of their intoxication, the law might hold the homeowners and legal guardians liable.

Dram Shop Laws

Restaurants must uphold this same duty of care. Dram Shop laws impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol, but only if the driver was already intoxicated at the time of the sell.

Were you or a loved one seriously injured in an accident caused by a drunk driver? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced drunk driving accident lawyer in Indianapolis, Indiana. We represent all drunk driving cases throughout the state of Indiana, including car accidents, truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.

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Accident Liability for Hosting an Employee Party With Alcohol
How to Make an Injury Claim Against a Drunk Driver
State Regulations for Truck Drivers Regarding Drugs and Alcohol

What You Need to Know About Bicycle Accident Personal Injury Claims 

Spring is in full swing, which means an increased opportunity for outdoor fun. Bicycles, tricycles, scooters, roller blades, and more are all traditional springtime activities for adults, teens, and kids alike. It is a fun and healthy recreational pastime that allows us to get outdoors, spend time with our loved ones, and enjoy the nice weather. Unfortunately, bicycle safety is pushed under the rug all too often, and because of this, accidents happen. Even when safety is properly considered, there are incidents that can take place out of our control. For this reason, all cyclers bike enthusiasts should know their rights if injured on a bicycle at no fault of their own.

Continue reading to learn what you need to know about filing a bicycle accident personal injury claim in Indiana after being wrongfully injured on your bike.

Bicycle Accident Claims Indianapolis Indiana 317-881-2700
Bicycle Accident Claims Indianapolis Indiana 317-881-2700

Indianapolis Bicycle Accident Causes and Common Injuries

There are two main types of bicycle accidents that result from negligence outside of a rider’s control: motor vehicles and bicycle defects. If a car, truck, or product defect causes an accident that results in a rider’s injury, liability falls on them, not the rider. Both situations can lead to serious personal injuries to a cyclist.

Several serious injuries can result from bicycle accidents, such as brain damage, traumatic brain injuries, comas, concussions, broken bones, spinal cord injuries, paralysis, and even death. These injuries can be life-threatening or permanent in severe situations. According to the National Highway Traffic Safety Administration (NHTSA), from the years 1932 to 2008, more than 50,000 bicycle-related deaths occurred.

These alarming statistics do not even include injuries and deaths sustained from bicycle defects. According to the same statistics, in the year 2008 alone, more than 50,000 cyclists were injured in negligent traffic accidents.  The most devastating truth among these statistics is that in 2008, 13% of bicycle accident fatalities were children. Bicycle safety is something everyone needs to take seriously. We can stop these accidents from taking place with responsible driving and education at a young age.

Defective Bicycles

As for product defects and bicycles, there is not much we can do to stop these unfortunate and unforeseen incidents from happening. We can only hope and trust that bicycle manufacturers are working hard at preventing problems with their products and doing their best to improve their product’s safety value. The most common defects seen in bicycle accidents include problems with bolts, screws, composite forks, aluminum frames, and similar components.

Making an Injury Claim After a Bicycle Accident

In the case that a person is seriously injured in a bicycle accident as a result of another driver’s carelessness or bike defect, it is crucial to contact a bicycle accident personal injury attorney immediately. All states have a statute of limitations that set forth how long a victim, or their family, has to file a personal injury claim. Once this time frame runs out, a victim can no longer lawfully sue for full and fair compensation.

A licensed Indiana personal injury lawyer can help victims of bicycle accidents obtain compensation for their damages, such as pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, lost wages, time of work, and much more. Licensed accident attorneys with extensive experience and knowledge will try to negotiate and settle out of court for their clients if possible. Be sure to choose a law firm that has your best interests at heart and in mind.

Were you recently injured in a wrongful bicycle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana personal injury lawyer 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.

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Does My Accident Give Me a Civil Cause of Action?

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
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.

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Types of Income Covered By Lost Wages Benefits

When a victim is wrongly hurt in an accident, it is common for them to miss weeks and months of work while recovering from their injuries. Sometimes, victims cannot go back to work at all if the injury is permanent and severe. While out of work, injured victims lose out on their regular earnings. These missed earnings are referred to as lost wages in a personal injury claim. Lost wages are one of the more common types of personal injury damages available for injured victims to recover.

Continue reading to learn which types of income are generally covered by lost wages benefits, plus where to schedule a free personal injury case evaluation in Indianapolis, Indiana.

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

Personal Injury Coverage for Lost Wages

Lost wages refer to the missed earnings that are involuntarily forfeited by an employee who was injured in a negligent accident. After being injured in an accident that was not their fault, an injured victim is legally entitled to a financial recovery for their resulting damages and losses, including missed pay from missing work.

Most people assume that lost wages only cover missed paychecks, when in fact, they can cover a lot more. Lost wages can include all sorts of income and benefits, from salary and hourly pay to tips, bonuses, job perks, and more. The extent of compensation awarded for lost wages in a personal injury case depends on how long the injured victim is forced to miss work due to their injuries.

Once an injured victim reaches maximum medical improvement (MMI), they can usually go back to work to the best of their ability. In the case of an injured victim suffering temporary, partial, or permanent disabilities that prevent them from performing the same duties as before, there are benefits that are available under Indiana worker compensation laws and third-party laws for this type of loss as well.

Examples of Lost Wages That May Be Awarded in a Personal Injury Case:

Hourly Pay
Salary
Commission
Tips
Overtime
Sick Leave
Vacation Days
Bonuses
Promotions
Job Perks

Returning to Work at a Lower Pay

Sometimes an injured victim can return to work after an accident, but not in their full capacity. In such cases, an employee comes back to work, but in a different role and at a lower pay. This type of earning loss may also be covered by personal injury lost wage benefits. In other cases, an injured victim cannot return to work to the same capacity ever again. In personal injury cases, this circumstance is known as loss of earnings potential. Those who qualify may be awarded future lost wages.

Evidence of Wage Related Losses

In a personal injury case, the claimant and their legal team holds the burden of proving lost wages. Fortunately, this is not usually a challenge, especially for particularly skilled and experienced Indiana civil litigators. Common types of evidence used to prove lost wages in a personal injury case include recent pay stubs, W2’s, bank records, medical records, tax return statements, expert testimony, a letter from the doctor stating a patient cannot return to work, and even a simple wage verification letter from the employer.

Are you wondering how you can recover damages for missing work after being wrongfully injured in Indiana? 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 Indianapolis IN personal injury lawyer. We represent injured persons throughout the state.

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Is a Personal Injury Claim the Same as a Workers’ Compensation Claim? Claiming both?

After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.

Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.

Workers' Compensation Lawyers Indianapolis IN 317-881-2700
Workers’ Compensation Lawyers Indianapolis IN 317-881-2700

The Requirement of Fault in a Tort Claim

One of the most fundamental elements of a tort case is fault. An entity (person, corporation, company, government agency, etc.) that is to blame for a civil wrongdoing can be held responsible, and thus their insurance carrier would be responsible for paying out any settlement or judgment, for paying out damages to the surviving victim or family of victims under Tort Law. However, the question of fault is one of the most important and primary differences between a personal injury claim and a workplace injury claim.

Personal Injury Claims Must Prove Fault

To recover damages in a personal injury case, the claimant party (the victim or family of victim) holds the burden of proving fault, meaning they must demonstrate that the opposing party was negligent or wrong in some way, which directly caused them harm. General damages awarded in personal injury cases include medical expenses (past, current, and future), hospital bills, lost wages from time off work, and similar calculable losses related to the victim’s accident and/or injuries.

However, special damages may also be awarded in a personal injury case for pain and suffering, mental anguish, permanent scarring or disfigurement, loss of earning capacity, loss of enjoyment of life, and similar losses that cannot be added up on a calculator.

Workers’ Compensation Claims Do Not Require Fault

A workers’ compensation claim does not require the injured party to prove fault. In fact, no fault needs to be established whatsoever, even in respect to OSHA violations and negligent or reckless management. Regardless of fault, injured workers can be entitled to workers’ compensation benefits, so long as they file a workers’ comp claim.

General workers’ compensation benefits include coverage strictly for quantifiable losses, like weekly earnings, hospital bills, medical expenses, permanent impairment benefits (if applicable), and vocational rehabilitation. Injured workers cannot generally sue their employer or employees for pain and suffering damages. There are exceptions to the rule, such as in the case of egregious or intentional torts.

Making Claims for Both

There are also situations where an injured party can make both a worker compensation claim and a tort claim at the same time.  For example, if a pizza delivery driver is delivering a pizza when he or she is rear-ended by another vehicle.  The injured driver could make a worker compensation claim through his employer and their insurance carrier since he was injured while on the job.  The injured worker could also seek a recovery under tort claims law from the defendant driver who rear-ended his vehicle and that person’s insurance carrier since he was injured as a result of tortious conduct by a person he was not employed by.

Talk to a Licensed Accident Lawyer in Indiana

When it comes to pursuing compensation after an accident or injury, it is best to consult with a seasoned Indiana personal injury lawyer who can explain your rights to recovering damages in a language you can clearly understand. It is also important to act fast because there are statutes of limitations on personal injury claims and evidence needs to be obtained before it disappears.

Would you like to speak with a trusted and experienced personal injury lawyer without any financial obligation? 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, Indiana. We represent clients throughout Indiana and Indiana citizens injured anywhere and can meet over the phone, via the internet, or in person at our Indy-based office.

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Local Indianapolis Personal Injury Law Firm 317-881-2700
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Top 4 Questions to Ask a Personal Injury Attorney After a Serious Accident

Following a serious and wrongful accident, walking into a first consultation with a personal injury lawyer can feel overwhelming. To help ease any concerns or anxiety you might have about meeting with an attorney to discuss all your legal options for recompense, it is helpful to have some critical questions prepared ahead of time.

Continue below to review the top 4 questions to ask a Indiana personal injury lawyer at your initial case evaluation. These questions will help streamline your consultation, placing you on the right track toward success.

Personal Injury Lawyers Near Me Indiana 317-881-2700
Personal Injury Lawyers Near Me Indiana 317-881-2700

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 attorney.

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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Local Indianapolis Personal Injury Law Firm 317-881-2700
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Is it Affordable to Hire a Personal Injury Attorney?

When a person is wrongfully injured in an accident, life can abruptly change for them and their loved ones. Being wrongfully and seriously hurt by another’s negligence is traumatic, overwhelming, painful, challenging, frustrating, and even depressing. When tragedies like this strike, victims need a reputable personal injury attorney on their side who will fight for their rights to a full and fair accident settlement check. Unfortunately, many people choose to not pursue a lawsuit or claim against negligent parties because they believe they cannot afford proper legal counsel. This is not the case.

Continue reading to learn what you need to know about the costs associated with hiring a personal injury lawyer, plus where to find compassionate and great legal representation in Indiana.

Indiana Personal Injury Law Firm 317-881-2700
Indiana Personal Injury Law Firm 317-881-2700

Personal Injury Legal Services are Affordable For Everyone

When someone is seriously hurt in an accident because of another person or entity’s negligence, they are entitled to compensation for their damages. When a victim has less fault in an accident they were injured in than the party who caused the accident and acted negligently, an Indianapolis personal injury law firm can prove in a court of law that the victim is owed fair remuneration for the damages. When it comes to paying for an attorney to represent you in a personal injury claim, you don’t have to worry about upfront fees or costs.

Accident Lawyer Fees are Contingent

Most personal injury firms do not collect attorney fees unless they recover a settlement or verdict for you in your case. So, their payment is contingent on whether they are successful with your case. Such lawyer fees are referred to as contingency fees. Firms that use this payment model generally offer free initial consultations, allowing them to discuss a victim’s case without obligating the potential client to pay out of pocket.

Upon consulting, a personal injury lawyer will assess a victim’s claim and determine if they are eligible to pursue legal action and recover compensation through a settlement or verdict. If they believe their client is entitled to recompense, they will take on their case and represent them for free until they can win them full and fair compensation for their damages.

Common Personal Injury Claim Damages

Damages to be recovered in a personal injury case can vary depending on the nature of the accident, type of injury, extent of injury, and many other factors. However, common personal injury damages awarded to victims and survivors of wrongfully killed victims include lost wages, medical expenses, hospital bills, pain, suffering, mental anguish, prolonged rehabilitation, loss of consortium, and much more. An Indiana personal injury attorney can make it simple for victims to pursue an accident claim or lawsuit, without the injured client risking thousands of their own dollars in pursuing and proving the case.  We at Craven, Hoover & Blazek, P.C. will pay for the investigation of the case, pay for medical records, photos, videos, doctor reports, depositions, etc… and then when the case is resolved, we simply get reimbursed for those expenses. 

How to Get Started

If you have asked yourself if you can afford an Indianapolis IN accident lawyer, the answer is, “yes!” Anyone, no matter their level of income, cash availability, or savings, can afford a personal injury attorney if they have a valid claim and case. They can even have their claim examined by a licensed attorney for free, to determine if they have a valid claim. All you must do is find a trusted Indiana law firm specializing in personal injury cases and contact them for a free case evaluation.

Are you looking for a skilled and qualified personal injury lawyer to represent you in your Indiana-based accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule your free case review with a licensed accident attorney in Indianapolis, Indiana. We represent clients throughout the State of Indiana. Our personal injury attorneys can hold consultations over phone or video, or in person at our office.  We represent injured persons and the survivors of those wrongfully killed throughout the state of Indiana.

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Local Indianapolis Personal Injury Law Firm 317-881-2700
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What Accident Victims Must Prove to Win a Slip and Fall Case

In many cases, a personal injury slip and fall accident occurs as a result of property owner, property occupant and/or property manager’s negligence. From spills and puddles to lax grounds maintenance, building code violations, deteriorating pavement, and more, slip and fall accidents can be a permanent condition or something temporary. Either way, if you are injured in a slip, trip, or fall accident, it is important to educate yourself on your rights as a victim of a personal injury. This applies to both visitors and staff of commercial businesses, as well as guests, tenants and occupants in residential settings.

Continue reading to learn what a slip and fall accident victim must prove in a personal injury lawsuit in order to win their case.

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

A Property Owner’s Duty of Care

Property owners have a legal liability referred to as duty of care, which requires them to maintain a safe and secure premises, free of any foreseeable hazards or dangers. The law will hold property owners responsible for a victim’s damages if said victim is seriously injured or suffers permanent consequences after slipping and falling on their premises as a result of violating this duty of care.

However, in order for an accident victim to win their slip and fall lawsuit, they must prove certain facts of their claim. This claimant obligation is known as burden of proof, and it is a central element in every personal injury case.

Burden of Proof in a Slip and Fall Accident

A slip and fall accident victim and their legal team of personal injury attorneys are responsible for proving their case. They must factually demonstrate that the negligent party’s carelessness caused unsafe conditions that led to the victim’s accident, and that the accident caused serious injuries that required hospitalization or medical treatment.

As a wrongfully injured victim of a slip and fall accident, it is important to ask yourself:

What caused me to slip and/or fall?

Should someone have known about the thing that caused my fall?

Was the cause of my accident foreseeable and preventable if proper precautions and inspections were performed?

These three questions will help you gain a basic understanding of your chance of success in pursing a slip and fall claim against a property owner or other negligent party.

If you are injured in a Slip and Fall:

If you are hurt in a commercial or business setting, even at work or school, or injured anywhere else, it is important to take pictures and video of the area of your accident, what caused your fall and retrieve all witness contact information. These two initiatives can help you prove your slip and fall case faster to the insurance carrier for the defendant. 

You should always make a written report if possible as well.  Following medical treatment, contact an Indianapolis personal injury lawyer as soon as possible before evidence is lost to support your claim or time runs out on the statute of limitations for your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your slip and fall case 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 a licensed and experienced slip and fall injury lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana and can hold meetings over the phone, internet, or in person at our Indy-based office.

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

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.

Indiana Personal Injury Legal Assistance 317-881-2700
Indiana Personal Injury Legal Assistance 317-881-2700

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.

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Examples of Vicarious Liability in a Personal Injury Claim

In simplest terms, vicarious liability is when one party is held legally accountable for another party’s negligent or unlawful actions.

Although the first party is legally responsible, the law holds the secondary party accountable as well. Vicarious liability, also referred to as principle’s liability or imputed negligence, comes to play in situations where a person or corporation is supposed to be responsible for another person or thing but acts negligently instead.

Continue reading for more examples of this type of legal liability, plus who to contact in Indiana for skilled car accident or personal injury representation that will protect your rights to being fully compensated.

Vicarious Liability Lawyers Indianapolis Indiana 317-881-2700
Vicarious Liability Lawyers Indianapolis Indiana 317-881-2700

Vicarious Liability  

To best understand how vicarious obligation works, it is good to review some generic cases in which it would come into play. For example, if an employer retains a staff of employees that act negligently while working for the company (i.e. sexual harassment, discrimination, driving a company vehicle, etc.), the employer can be held accountable for the resulting damages in a court of law.

Victims of this negligent behavior can file a lawsuit to pursue compensation for pain, suffering, and more from the employer, as well as the individual guilty employees. Employers in this situation are considered responsible because they have the duty to prevent and be aware of negligence in the workplace. By law, they should have stopped or prevented harmful behavior on the job.  In addition, employers are generally liable under law for any negligent acts performed by their employees anywhere while they are in the course and scope of their employment.

Car Accident Vicarious Liability and Negligent Entrustment

Driving another person’s car can also involve vicarious liability. A child that drives and wrecks their parent’s vehicle, causing serious injury or death to another driver, may put their parents in legal tribulation. Parents, or guardians, have the responsibility to properly instruct their adolescent how to drive safely, and only loan their vehicle during appropriate times. So, if a parent entrusts their minor to drive their vehicle, and an accident occurs, the parent (or person) who signed the minor’s driving application, is held responsible for the damages. In such cases, the insurance carrier for the parents would also be involved.

The law deems a parent or guardian, also known as an entruster, negligent if they allow their teen to drive a vehicle in their name knowing that their child is reckless, untrustworthy, inadequate at driving, or unlicensed. If a child falls under any of these descriptions, and subsequently causes a serious accident, the guardians or guardians can be held accountable for the damages under the principle of negligent entrustment.

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.

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