Decoding Legal Fees: The Normal Charges for Your Personal Injury Lawyer

Posted on December 22, 2023 by admin

Personal injury cases can be daunting, especially when you’re grappling with recovery and legal complexities simultaneously. One of the key concerns for many is understanding legal fees and the maximum cut an Indiana personal injury attorney can take from your settlement. Navigating through the labyrinth of legalese can indeed be quite challenging.

In this blog post, let us help you decode the intricacies of legal fees, providing you with a comprehensive understanding of what you can expect when hiring a personal injury lawyer in Indiana. Our goal is to empower you with knowledge, ensuring you make informed decisions during this challenging time.

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How Do Personal Injury Lawyers Charge for Their Services?

Before we delve into the specifics, it’s crucial to understand how accident lawyers typically charge for their services. In Indiana, personal injury attorneys primarily work on a contingency fee basis. This means that they receive compensation only if they win your case. If they lose, you won’t owe them any legal fees. In other words, their payment is contingent on the outcome of your case.

What Percentage Do Accident Lawyers Charge in Indiana?

According to the American Bar Association, contingency fees for personal injury cases typically range from 33% to 40% of the total settlement amount. However, these percentages may vary based on individual state laws and the specifics of your case.

Other Factors That May Affect Legal Fees

Although a 33.3% attorney fee is normal , there may be other factors that could influence legal fees in personal injury cases. These include the complexity of your case, the evidence available, and the amount of time and resources required to document a strong case. Your attorney may also take into account other expenses incurred during the legal process, such as court fees, expert witness fees, or medical record retrieval costs. Sometimes attorneys will charge up to 40% once trial preparation has begun because of the vast increase in time and expense preparing for trial.

Are There Any Additional Fees You Should Be Aware Of?

Besides contingency fees, there may be other fees associated with such cases. AS just mentioned, these can include filing fees, initial consultation charges, and costs for obtaining medical records, expert reports, deposition testimony, or police reports. However, reputable attorneys will typically cover these costs upfront and deduct them from your settlement amount once your case is resolved, again depending on the case.

Why the Cost of a Personal Injury Attorney is Worth It

It’s natural to have concerns about legal fees, but hiring a personal injury lawyer can significantly benefit your case and will increase the final amount you receive in pocket. Experienced attorneys have the knowledge and resources to navigate complicated legal procedures, negotiate with insurance companies, and fight for your rights while you focus on your recovery. Additionally, most accident lawyers offer free consultations where they can evaluate your case’s merits and advise you on the best course of action, as we do.

Conclusion

As an accident victim in Indiana, it’s crucial to understand the normal attorney fees that you should be charged. Knowing your rights and knowing what a fair contingency fee is is critical to ensuring that you receive just compensation for your injuries. With this blog post, we hope to have provided you with a better understanding of legal fees in personal injury cases and empowered you to make informed decisions when hiring a civil litigator. Remember, knowledge is power, and we’re here to support you throughout this challenging process.

If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to seek legal help to protect your rights. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial case evaluation with a seasoned personal injury lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office. We can also meet you at your inpatient medical treatment center if necessary.

Key Factors Influencing Your Personal Injury Settlement Value

Posted on December 8, 2023 by admin

Navigating the complex world of personal injury settlements is no easy feat, especially when dealing with the tactics commonly employed by insurance companies to minimize payouts. When you’ve been injured due to someone else’s negligence, understanding the key factors that influence the value of your claim is crucial.

This blog post aims to guide you through these critical elements, helping you to effectively calculate and negotiate your personal injury damages. We’ll discuss the variables that can affect your settlement value, shed light on the strategies that insurance companies and their attorneys may use to decrease your compensation and provide insights into the personal injury calculator, a tool that can be effective in valuing your claim. Stay tuned as we delve into the intricacies of personal injury settlements.

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What Factors Affect the Value of Your Personal Injury Settlement?

When determining the value of your personal injury claim, several key factors come into play. These variables can vary significantly from case to case, making it challenging to assign a figure for your damages. However, understanding these elements and how they influence your settlement value is crucial in negotiating a fair compensation amount. Here are some of the key factors that can impact your personal injury settlement value:

Nature and severity of injuries: The type and extent of your injuries have a significant impact on the value of your claim. Generally, more severe injuries should result in higher compensation amounts.

Medical treatment and expenses: The cost of medical treatment for your injuries, including past and future expenses, can significantly impact your settlement value.

Lost wages and income: If your injuries have caused you to miss work or impacted your ability to earn an income, this can be factored into your compensation amount.

Pain and suffering: Physical pain, emotional distress, and mental anguish resulting from the accident can also be considered when calculating the value of your claim. These damages are calculated differently by each insurance carrier for a settlement or a jury for a verdict.

Duration of recovery: The length of time it takes for you to fully recover from your injuries can also play a role in determining the value of your settlement.

As you can see, there are multiple variables that can impact the value of your personal injury settlement. However, keep in mind that each case is unique and may involve additional factors not mentioned here. It’s always best to consult with a personal injury lawyer to assess your specific situation and determine the most accurate estimate of your potential settlement value. You should hire an attorney.

How Do Insurance Companies Try to Lower the Value of a Personal Injury Claim?

Insurance companies are businesses, and their primary goal is to make a profit. As such, they may employ various tactics to decrease the value of personal injury settlements and minimize their payout. Some common tactics used by insurance companies include:

Disputing liability: Insurers may try to shift the blame onto the injured party or argue that their policyholder is not entirely at fault for the accident, even if the argument is without very much merit.

Downplaying injuries: Insurance companies may downplay the severity of your injuries and try to get you to settle quickly before you realize the full extent of your damages and before you can hire your own attorney.

Delaying the claims process: Insurers may intentionally prolong the settlement process to pressure you into accepting a lower offer.

Using recorded statements against you: Be cautious when providing recorded statements to insurance companies, as they can use them to discredit your claims and reduce your settlement value by attempting to get you to guess in your answers or attempting to have you answer in a way which can later be argued in a misinterpreting way.

The Role of Personal Injury Calculators in Valuing Your Case

Personal injury calculators are online tools that use algorithms and data input to estimate the potential value of your claim. While these calculators can be helpful in providing a rough estimate, they should not be relied upon as the final say on your settlement value. These tools do not take into account all the nuances and complexities of personal injury cases, and their results may vary significantly from what you eventually receive. It’s always best to seek professional legal counsel and use the personal injury calculator as a starting point rather than the final determining factor.

Conclusion

The value of your lawsuit settlement can be influenced by various factors, including the nature of your injuries, medical expenses, lost wages, temporary or permanent injuries and pain and suffering. Insurance companies will try to lower the value of your settlement through tactics such as disputing liability and downplaying injuries. While personal injury calculators can provide a general estimation, it’s crucial to consult with a lawyer for a more accurate assessment of your claim’s value.

With this knowledge in hand, you’ll be equipped to negotiate a fair settlement and receive the compensation you deserve. In the end, it is also difficult to assign any specific number as reasonable to any settlement or potential verdict because all juries are different but you attorney should be able to provide you with an accurate ballpark for a full and fair settlement after evaluating the law and facts relevant to your case.

Don’t let insurance companies take advantage of you – know your rights and seek legal assistance when necessary. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free case consultation and let our Indianapolis civil litigators guide you through the personal injury claim and settlement process. We represent any victim all throughout the state, plus Indiana residents injured in other states.

5 Reasons You Need a Car Accident Lawyer After a Collision

Posted on December 5, 2023 by admin

Accidents happen, and when they do, they can turn your world upside down. The aftermath of a car collision can be a whirlwind of stress, confusion, pain and uncertainty, particularly if you’ve sustained injuries. Many people make the mistake of trying to navigate these troubled waters alone, underestimating the complications that can arise from injury claims, insurance companies and legal processes.

If you’ve found yourself in this predicament, it’s vital to know that you’re not alone, and help is closer than you think. Here are the top five reasons why securing a car accident lawyer to guide you through this tumultuous time can be the best decision you make.

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5 Advantages of Hiring a Car Accident Lawyer After Being Hurt in a Wreck

1. Protecting Your Rights

After an accident, it’s crucial to understand your legal rights and the options available to you. A car accident lawyer specializes in personal injury law and has a thorough understanding of your rights as an accident victim. They can help you navigate through the complexities of the legal system, ensuring that you receive fair compensation for your injuries and losses. An automotive injury lawyer can also represent you in court if necessary, protecting your rights and interests every step of the way.

2. Knowledge and Experience

Navigating the legal system on your own can be a daunting task, especially when you’re dealing with injuries and medical bills. Hiring a car accident lawyer means having someone by your side who has the knowledge and experience to handle your case effectively. They understand the intricacies of tort law and can help you document a strong case to support your claim. Moreover, they have experience dealing with insurance companies and will know how to negotiate for a fair settlement on your behalf.

3. Gathering Evidence

In any legal case, evidence is crucial, and motor vehicle accident cases are no exception. A lawyer can help you gather and preserve evidence that will strengthen your case, such as medical records, police reports, witness statements, and any other documentation relevant to your accident. They also have access to expert witnesses who can provide valuable insights into your case, further strengthening your claim.

4. Dealing with Insurance Companies

Insurance companies are notorious for trying to minimize payouts and protect their bottom line. They make multi-millions and billions every year and they don’t make those kinds of profits paying out full and fair settlements. Dealing with them on your own can be overwhelming, and they may try to take advantage of you in your vulnerable state. Having an auto accident lawyer on your side means having someone who knows how to handle insurance companies and will fight for your rights to fair compensation.

5. Peace of Mind

The aftermath of a car accident is stressful enough without having to worry about legal proceedings and insurance claims. Hiring a motor vehicle accident lawyer can provide you with the peace of mind that comes with knowing your case is in capable hands. You can focus on recovering from your injuries while your personal injury lawyer handles the legal details, ensuring that you receive fair compensation for your losses.

In Summary

After a collision, it’s vital to have an experienced car accident lawyer by your side as soon as possible to protect your rights and guide you through the legal process. Their knowledge, experience, and ability to handle insurance companies will give you the best chance of receiving fair compensation for your injuries and losses. Don’t try to navigate this challenging time alone; hire a car accident lawyer and let them handle the complexities while you focus on recovering from your injuries. Remember, help is closer than you think. Stay safe on the roads. Drive with caution and always keep your eyes of for other drivers not using reasonable care.

Get started on your auto accident injury claim with the right team of professionals on your side. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned car accident lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

How to Navigate the Aftermath of a Personal Injury in Indiana

Posted on November 27, 2023 by admin

Personal injury incidents, whether they occur in a car accident, at work, due to the negligence of a physician or due to a faulty product, can leave you grappling with physical pain, emotional distress, and financial strain. Maneuvering through the legal process in such a situation can be a daunting task, especially when you are trying to recover.

This blog post aims to guide you on how to navigate the aftermath of a personal injury in Indiana. We will discuss the role of a personal injury attorney, provide insight into the personal injury settlement process, and analyze how to best assess your damages and losses. We hope this guide can serve as a roadmap to help you find your way through this challenging time.

The Role of a Personal Injury Attorney

Navigating the legal system can be complicated, and this is especially true in personal injury cases. A personal injury attorney can be your biggest ally during this time. They are trained professionals who specialize in handling legal matters related to personal injuries and have extensive knowledge of the laws and regulations in Indiana. Hiring a personal injury lawyer can help you understand your legal rights, negotiate with insurance companies on your behalf, and ensure that you get the compensation you deserve. Furthermore, they can handle all the complicated paperwork and represent you in court if necessary, allowing you to focus on your recovery.

The Personal Injury Settlement Process

The personal injury settlement process is when parties involved in such an incident agree to resolve the case without going to trial. It involves negotiating a settlement amount that covers your damages and losses, including medical bills, lost wages, and pain and suffering. This process can be complex and requires careful consideration of various factors such as the severity of injuries, long-term impact on your life, and potential future expenses. Having an accident attorney by your side is essential to facilitate this process as they have experience in negotiating settlements and fighting for their clients’ best interests.

Assessing Damages and Losses

One of the most crucial aspects of navigating the aftermath of a serious injury is accurately assessing your damages and losses. These can include economic damages, such as medical bills and lost wages, as well as non-economic damages like pain and suffering and emotional distress. It’s essential to document all your expenses and keep track of any physical or emotional changes you experience as a result of the injury. Your accident lawyer can assist in this process by gathering evidence, consulting with medical professionals, and calculating the full extent of your damages to ensure that you receive fair compensation.

Mistakes to Avoid During Your Personal Injury Case

When you are a personal injury claimant, there is a lot at stake when it comes to your personal injury case. One of the most important things to keep in mind is to avoid making any mistakes that could negatively impact your case. This includes avoiding making statements or posting photos on social media that could be misinterpreted and used against you in court. Additionally, it’s important to keep all documentation related to your accident claim in a safe place and to avoid discussing your case with anyone other than your lawyer. Remember, one mistake can significantly affect the outcome of your case, so it’s important to be vigilant and cautious throughout the entire process.

Conclusion

Suffering from a personal injury can be overwhelming, but having the right information and support can make a significant difference. Remember to seek medical attention, gather evidence, and consult with an injury attorney as soon as possible after an incident occurs. They can guide you through the legal process, negotiate on your behalf, and help you get the compensation you deserve. By following these tips, you can navigate the aftermath of a serious accident in Indiana with confidence and focus on your recovery.

If you or a loved one have experienced a personal injury, don’t hesitate to seek the necessary help and support. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

Bike Lanes and Liability: Who’s at Fault in a Bicycle Accident in Indiana?

Posted on November 17, 2023 by admin

Navigating through the ins and outs of Indiana bike laws can be challenging, especially when it comes to understanding liability in a bicycle accident. This blog post seeks to dissect the complexities of these laws and provide crucial insights into who might be at fault in the event of a collision.

We’ll delve into the intricacies of filing a personal injury claim following a bicycle accident and shed light on the legal provisions in place to protect cyclists in Indiana. Whether you’re an avid cyclist or a legal enthusiast, this blog will serve as a comprehensive guide to bicycle-related liabilities in the Hoosier State.

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Understanding Indiana Bike Laws

Before we dive into the specifics of liability, it’s essential to have a basic understanding of Indiana bike laws. According to Indiana Code 9-21-11-2, bicycles are considered vehicles and have the same rights and responsibilities as cars on public roads. This means that cyclists must obey traffic signals and signs, ride in designated bicycle lanes where available, and use hand signals when turning. Indiana also has a three-passing law, requiring motorists to give at least three feet of clearance when passing a cyclist.

Furthermore, cyclists in Indiana are not required to wear helmets unless they are under the age of 18. However, wearing reflective gear is highly recommended for safety purposes.

Liability in Bicycle Accidents

When it comes to determining liability in a biking accident, Indiana follows the comparative fault doctrine. This means that both parties involved will be assigned a percentage of fault based on their actions leading up to the accident. If the cyclist is found to be more than 50% at fault, they will not receive any compensation for damages and injuries if there is only one defendant.

Factors Considered in Assigning Fault

Several factors are considered when determining fault in a bicycle accident, including:

Negligence: If one party failed to exercise reasonable care and caused the accident, they may be found at fault.

Road conditions: Poor road conditions or hazards can contribute to an accident and may shift liability onto the municipality responsible for maintaining the roads, however, all parties must factor in road conditions while driving or biking.

Violation of traffic laws: If either party violated traffic laws, they may be found at fault.

Filing a Personal Injury Claim

If you’ve been injured in a bike accident due to someone else’s negligence, you have the right to file a personal injury claim. This process involves gathering evidence, such as medical records and witness testimonies, to support your case. It’s crucial to immediately seek legal counsel from an experienced personal injury lawyer who can guide you through the process and ensure that you receive fair compensation for your injuries.

Protecting Cyclists in Indiana

In addition to traffic laws and liability provisions, Indiana also has laws in place to protect cyclists’ rights. For instance, municipalities include bicycle lanes and paths in their transportation plans, while the state provides funding for bicycle safety programs and initiatives. These measures aim to create a safer environment for cyclists and promote alternative modes of transportation.

Final Thoughts

Navigating through Indiana bicycle laws can be complicated, especially when it comes to determining liability in a bicycle accident. However, understanding these laws and your rights as a cyclist is crucial for staying safe on the roads and seeking compensation in case of a bike accident. Remember to always wear proper safety gear when riding your bike, follow traffic laws, and seek legal assistance if needed.

Are you looking for impactful legal representation after being injured in a bike accident in Indiana? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned bicycle accident attorney in Indianapolis, Indiana. We can hold meetings over the phone or via online video conference if you are unable to travel. We can also visit your place of in-patient medical treatment. Act now while you still have time to file a claim!

Steps to Take Immediately After a Personal Injury Occurrence in Indiana

Posted on October 25, 2023 by admin

Being the victim of a personal injury is an unnerving experience, and knowing what steps to take immediately after can be equally daunting. This blog aims to guide you through the process in the state of Indiana. We will demystify the complexities of personal injury law, shed light on how to find the right personal injury lawyer, and guide you on how to initiate a personal injury claim.

Understanding these steps will empower you to take control of the situation, ensuring your rights are protected, and you receive the necessary compensation to cover any medical bills, lost wages and pain and suffering.

Personal Injury Law in Indiana

Before diving into the steps to take after a personal injury occurrence, it’s crucial to understand personal injury law in Indiana – also known as tort law. In simple terms, personal injury law involves cases where an individual has been injured due to the negligence of another person or entity. This can include car accidents, slip and falls, medical malpractice, and more. The state of Indiana follows the comparative fault rule, which means that if you are found to be partially at fault for the injury, your compensation will be reduced by your percentage of fault. If you are more than 50%, you cannot recover anything. Therefore, it’s essential to gather evidence and prove the other party’s negligence to ensure maximum compensation.

The Role of Negligence in a Personal Injury Claim

As mentioned, proving the other party’s negligence is crucial in a personal injury claim. This means showing that they had a duty of care towards you, and their actions or lack thereof breached that duty, resulting in your injuries. In Indiana, there is a statute of limitations of two years for most personal injury claims. This means that if you do not file your claim within two years from the date of the injury, you may lose your chance to seek compensation.

In some cases in Indiana, if you do not do certain things within just a few months, you can lose your claim. That’s why it’s crucial to take immediate action after a personal injury occurrence. In addition, you should hire an attorney as fast as you can following your auto collision or trip and fall as evidence will disappear starting the moment after the incident.

How to Prove Negligence in a Personal Injury Lawsuit

To prove negligence, you will need to gather evidence such as witness statements, medical records, photos of the accident scene, and any other relevant documentation. It’s also crucial to seek immediate medical attention after a personal injury accident. Not only is this vital for your health, but it also serves as evidence in your claim. Additionally, keep track of all medical expenses and any lost wages due to the injury. This will help calculate the compensation you are entitled to.

Finding the Right Personal Injury Lawyer

After having a personal injury, finding the right lawyer can make a significant difference in the outcome of your case. It’s crucial to find a civil litigator who specializes in personal injury law and has experience handling cases similar to yours. Additionally, consider their track record and success rate as it can give you an indication of their capabilities. Most attorneys offer free consultations, so take advantage of this opportunity to discuss your case and see if they are the right fit for you.

Initiating a Personal Injury Claim

Once you have found the right personal injury lawyer, they will help you initiate a personal injury claim. The first step is to gather all evidence related to your case, including medical records, police reports, witness statements, and any other relevant documentation. After you have finished your medical care or at a minimum stabilized with your on-going medical care needs, your lawyer will then draft a demand letter outlining the damages you are seeking and send it to the responsible party. From there, negotiations will take place, and if a settlement cannot be reached, your lawyer will file a lawsuit on your behalf. The legal process can be lengthy, but having a skilled personal injury lawyer by your side can make all the difference in securing fair compensation.

Conclusion

Suffering a personal injury can be overwhelming, but knowing what steps to take immediately after can make a significant difference in the outcome of your case. Understanding personal injury law in Indiana, finding the right lawyer, and initiating a personal injury claim are essential elements for a successful resolution.

Remember to stay informed and take control of your situation to ensure that you receive fair compensation for your injuries. With the right knowledge and support, you can navigate through the complexities of personal injury law in Indiana and receive the justice and compensation you deserve. So don’t hesitate to take these necessary steps after a personal injury occurrence for your own peace of mind. Stay safe!

As always, we hope this information has been helpful. If you ever need assistance with a personal injury claim in Indiana, our team of experienced personal injury lawyers is here to help. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free initial consultation, and let us guide you through the legal process. Your well-being and rights are our top priority.

Understanding the Legal Aspects of Slip and Fall Accidents in Indiana

Posted on October 5, 2023 by admin

Slip and fall accidents can lead to severe injuries, impacting victims both physically and mentally. Understanding the legal aspects surrounding these incidents in Indiana is crucial to protecting your rights and securing personal injury damages you are legally entitled to. This blog is here to shed light on the premises liability law in Indiana, detail the legal process involved in slip and fall cases, and guide victims on how to navigate the often complex terrain of personal injury cases. Join us as we delve into the intricacies of this critical aspect of law.

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What is Premises Liability in Indiana?

Premises liability is a legal doctrine that holds property owners responsible for injuries suffered on their premises. This entails the responsibility of the owner to maintain a safe environment and reasonably prevent hazards from occurring. In Indiana, both residential and commercial property owners must endeavor to help keep their visitors safe by taking appropriate measures. If they fail to do so, they can be held liable for any injuries that occur.

How Does Indiana Law Define a Slip and Fall Accident?

In general, a slip and fall accident is defined as an incident where someone trips or slips due to hazardous conditions on the property of another person. This could include anything from a slippery floor to debris left in a walkway. In Indiana, the courts use a “reasonableness standard” to assess whether someone is liable for a slip and fall accident. This means that if it can be reasonably assumed that the property owner did not take adequate steps to prevent an accident from occurring, they may be held responsible.

Additionally, there are two approaches adopted by Indiana Courts when dealing with slip, trip, and fall accidents. The “open and obvious” doctrine dictates that if the hazard is open and obvious to a reasonable person, then it could be assumed that the plaintiff should have taken more care in avoiding the accident. However, even if the hazard is open and obvious, a property owner can still be liable depending upon the specific facts of the case. On the other hand, the “reasonable discovery” rule states that as long as a hazard is not open or obvious, property owners still have an obligation to take reasonable steps in making sure their property is free of dangers.

What Should You Do if You Get Involved in a Slip and Fall Accident?

If you find yourself involved in a slip and fall accident, the most important thing to do is seek medical attention right away, even if your injuries seem minor. Additionally, it’s a good idea to take photos and videos of the scene and to obtain names and phone numbers of witnesses, as this can be used as evidence in court. It is vital that you request that the property owner or manager retain any and all video of the fall from at least two hours before the fall to two hours after the fall. It’s also important to note anything that could have caused the accident, such as a slippery floor or something blocking your path. Finally, it’s crucial for you to get legal advice from an experienced personal injury attorney who can guide you through the process of filing a lawsuit and securing damages.

What Kind of Damages Can You Recover in a Slip and Fall Lawsuit?

If you are successful in filing a lawsuit against the property owner or whoever was in charge of the property at the time, you could be eligible to receive compensation for any medical bills, pain and suffering, lost wages and other losses incurred due to your injuries. This includes physical pain and suffering, emotional distress, lost wages, and even punitive damages if the court or jury deems them appropriate. In addition to these damages, you may also be able to receive compensation for lost property or repair costs as well. This could include items such as clothing damaged during the accident, medical equipment or aids used to treat your injuries, and any other costs related to the incident.

Conclusion

Slip and fall accidents can lead to serious injuries and financial losses, which is why it’s important to understand the legal aspects of these cases in Indiana. If you have been involved in such an accident, contact a knowledgeable premises liability attorney who specializes in slip, trip, and fall cases can help guide you through the process of filing a lawsuit and ensure that you get full compensation for your losses. With the right guidance and proper documentation, you can secure justice and financial security for yourself and your loved ones.

If you have experienced a recent personal injury accident, make sure to take the time to understand your options before making any decisions. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with seasoned slip and fall lawyers in Indianapolis, Indiana. We represent victims all throughout the state, plus Indiana residents injured in other states.

Top Reasons Insurance Companies Deny Personal Injury Claims

Posted on October 2, 2023 by admin

Navigating the world of personal injury claims can be a tumultuous journey, fraught with complexities and unexpected roadblocks. One major hurdle personal injury claimants often face is having their claim denied by insurance companies. As heartbreaking as it sounds, it’s a common reality many individuals grapple with, often leaving them in a state of confusion and desperation. In this blog post, we’ll reveal the top excuses used by insurance companies in an attempt to deny or lower the value of personal injury claims. We hope to provide insight and guidance that can help you avoid insurance claim pitfalls.

So, whether you’re just starting your claim, or you’ve already enlisted the help of a personal injury lawyer, having this knowledge at your disposal is invaluable. Strap in as we unravel the often opaque world of insurance claims.

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Why Do Injury Claims Get Denied By Insurance Companies?

Reason 1: Failure to Seek Prompt Medical Treatment

One of the most common reasons insurance companies deny personal injury claims is if there’s a gap between the date of the accident and when medical attention was sought. Insurance adjusters are trained to scrutinize every detail in an attempt to discredit your claim. If you wait too long before seeing a doctor, they’ll use this as an excuse to argue that your injuries weren’t a direct result of the accident. To avoid this, make sure to seek medical treatment as soon as possible after an accident, even if you don’t feel any immediate significant pain or discomfort. Tell your doctors each and every body part that hurts and describer the type of pain to them.

Reason 2: Discrepancies in Medical Records

Another tactic used by insurance companies is to compare your medical records from your different providers. If there are any what appear to be discrepancies, they’ll use this to question the legitimacy of your claim. It’s important to be consistent when describing your injuries and symptoms to medical professionals, and to seek treatment from a reputable doctor or specialist. It should be noted there are always “discrepancies” is treatment records as not all doctors and nurses use the exact same language when documenting a medical encounter and sometimes the medical providers simply make mistakes, especially when they are filling out a medical record hours after they saw the patient or for any other of several reasons.

Reason 3: Pre-Existing Injuries

Insurance companies often try to argue that your injuries were preexisting and not caused by the accident. They will request access to your medical history, looking for any previous injuries or conditions that could be used against you. It’s important to disclose any preexisting injuries or conditions to your doctor and personal injury attorney, as they can help document a case that proves your current injuries were exacerbated by the accident, even if you did have any pre-existing condition.

Reason 4: Lack of Evidence

Insurance companies are notorious for denying claims due to a lack of evidence. This is why it’s crucial to gather as much evidence as possible after an accident, including witness statements, photos, and police reports. Without solid evidence, insurance companies can argue that the accident didn’t occur or that your injuries were not as severe as you claim.

Reason 5: Failure to Follow Doctor’s Orders

If you fail to follow your doctor’s recommended treatment plan, insurance companies may use this as a reason to deny your claim. They may argue that your injuries were not as serious as you claim or that you didn’t take proper steps to recover. It’s important to follow all medical advice and document any missed appointments or treatments.

Reason 6: Lack of Legal Representation

Insurance companies know that individuals without legal representation are more likely to accept a lower settlement or give up on their claim altogether. Having an experienced personal injury lawyer by your side greatly increases your chances of success and helps to ensure that you receive the full compensation you deserve.

Reason 7: Statute of Limitations

Each state has its own statute of limitations for personal injury claims, which is the time limit within which a claim must be filed. If you miss this deadline, insurance companies can use it as a reason to deny your claim. It’s important to file your claim as soon as possible after an accident and be aware of the statute of limitations in your state.

Conclusion

While dealing with insurance companies may seem like an uphill battle, understanding their tactics and having a knowledgeable personal injury litigator on your side can make all the difference. By avoiding these common pitfalls, you can increase your chances of a successful claim and receive the compensation you deserve for your injuries. Don’t let insurance companies deny you justice – arm yourself with knowledge and seek professional legal assistance to help navigate this complex process.

Would you like to speak with a seasoned civil litigator who knows how to deal with stubborn insurance companies? Contact the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to set up a free case evaluation with an experienced accident claim lawyer in Indianapolis, Indiana. We represent personal injury claimants all across the state, including Indiana residents injured in other states. No need to travel – we gladly provide the option to hold meetings by phone, at your residence, online, or at the hospital if necessary.

The Impact of Testimonials in Personal Injury Lawsuits

Posted on September 18, 2023 by admin

In the complex world of personal injury law, testimonies often play a pivotal role. They serve as vital pieces of evidence, providing a firsthand account of the incident, and can significantly influence the outcome of a case. But what exactly is testimonial evidence? Why is it so integral to a personal injury case?

The purpose of this blog post is to provide insight into these inquiries, underscoring the profound impact testimonies can have on the trajectory and outcome of a personal injury lawsuit. Join us as we delve into the intricate role of testimonies and understand their importance in navigating a personal injury case.

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How Personal Injury Lawsuits Work

When a person is wrongly injured in an incident, they can choose to pursue legal action and file a personal injury lawsuit. This type of civil lawsuit seeks compensation for the damages the plaintiff has incurred due to the negligence or wrongdoing of another party. For personal injury claimants to have a successful case, they must provide evidence that demonstrates their version of events and proves their claims on a more likely than not basis. This is where testimonial evidence comes into play.

The Purpose of Personal Injury Testimonies

Testimonies are written or oral statements given by witnesses to the incident, and they can have a huge impact on personal injury cases. Testimonies serve as a direct account of what happened, providing in some cases an unbiased perspective that can be used to corroborate other pieces of evidence in the case. They provide proof that supports the plaintiff’s story and can help to establish liability. They have a direct influence on the outcome of the case and are often seen as one of the most powerful pieces of evidence in personal injury claims.

Testimonies also serve another purpose: they humanize the plaintiff’s experience, as it should be. When people read or hear a firsthand account from a real person, it resonates more than any other type of evidence. Testimonies can draw out feelings of sentiment, empathy and create an emotional connection with the audience, which can sway their opinion in favor of the plaintiff. This emotional impact can have a direct effect on how the case is perceived by the jury and judge, making testimonies a powerful tool for personal injury cases.

Types of Testimonial Evidence Used in Personal Injury Cases

There are several types of testimonial evidence that can be instrumental in personal injury cases. These include eyewitness testimonies, expert testimonies, plaintiff testimonies, and even defendant testimonies.

Eyewitness Testimony: This is often the most direct form of testimonial evidence. People who witnessed the incident firsthand can provide crucial details about what happened, thus helping to establish the facts of the case.

Expert Testimony: In most personal injury cases, it is necessary to call upon expert witnesses in certain fields, like doctors or engineers, to provide their professional opinion on the cause of the injuries or the conditions that led to the incident.

Plaintiff and Defendant Testimony: The individuals involved in the case, both the plaintiff (the person who was injured) and the defendant (the person accused of causing the injury), can also provide testimonial evidence about the events leading up to, during, and after the incident.

Remember, the credibility of testimonial evidence depends largely on the credibility of the person providing it. Therefore, it’s typically assessed in conjunction with other types of evidence, like physical or documentary evidence.

In Summary

When pursuing a personal injury claim, testimonies can be an invaluable asset. They provide hard evidence to support the plaintiff’s claims and can be used in conjunction with other pieces of evidence to document a strong case. Furthermore, their emotional impact on the audience cannot be understated; they often determine how favorably the jury and judge view the case. For these reasons, testimonies are an integral part of personal injury cases, and should be thoroughly considered in the pursuit of justice.

If you or someone you know has been injured due to another person’s negligence, it is important that you contact an experienced legal professional. Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned accident lawyer in Indianapolis, Indiana. We represent injured victims all across the state, including Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

The Most Important Factors in an Indiana Personal Injury Case

Posted on September 11, 2023 by admin

When navigating the complex landscape of a personal injury case in Indiana, understanding the critical factors that can influence your claim is essential. These cases are often fraught with emotion, confusion, and uncertainty.

This blog post aims to shed light on some of the most important aspects you need to consider. From the role of a skilled personal injury attorney to the nuances of Indiana’s specific laws concerning personal injuries, we will guide you through the labyrinth, helping you to understand your rights and the steps you need to take next.

Call 317-881-2700 When You Need an Indiana Personal Injury Attorney

Top 3 Factors in a Personal Injury Case in Indiana

The Role of an Experienced Personal Injury Attorney

One of the most important factors in any personal injury case is having access to a skilled and trustworthy legal representative. A good personal injury attorney will provide you with valuable advice and advocacy throughout your case. They can guide you on the best course of action for your situation, ensuring that your legal rights are respected and that you receive the maximum compensation amount for your personal injuries. Additionally, attorneys will typically have a deep understanding of Indiana’s particular laws regarding personal injury cases and can help ensure that any settlement or award is fair and just.

Understanding Indiana’s Personal Injury Laws

It is important to remember that each state has its own specific laws and regulations concerning these types of cases. In Indiana, the state requires that any negligence or carelessness leading to a personal injury be proven for a successful claim to be filed and damages awarded. Additionally, there is a two-year statute of limitations applicable in all personal injury cases relating to negligence in Indiana. This means that all claims must be filed within two years from the date of the incident in order to be considered by the court.

In cases against governmental entities or agencies, a tort claim notice must be sent to the alleged at fault party and there is a very limited time to file the tort claim notice. In some cases, the tort claim notice must be sent out within 6 months of the incident so hiring an attorney as soon as possible is paramount. Failure to timely file can result in you inability to make a claim at all.

The Value of Your Personal Injury Claim

The amount of damages you are entitled to receive in an Indiana personal injury case will depend on the specific facts surrounding your claim, as well as any applicable laws and regulations. Common elements that can impact an award include medical expenses, lost wages or income, pain and suffering, additional care and assistance, and lost earning capacity. An experienced attorney can help you assess the potential value of your claim and make sure that you are not taken advantage of by insurance companies or other involved parties.

Top Mistakes to Avoid in Your Personal Injury Case:

Failing to Seek Medical Attention Immediately

If you have been injured in an accident, it is important to seek medical attention right away. Even if you do not think that your injuries are serious, it is still a good idea to get checked out by a doctor. This will provide you with a record of your injuries and will help to establish the extent of the damage that you have suffered.

Additionally, failing to seek medical attention soon after an incident can weaken your personal injury case as it will be falsely argued to the jury by a defense attorney that your injuries were not caused by the accident, even though defense attorneys are fully aware of what is called by doctors, delayed onset, which is fairly common.

Not Keeping Records

To successfully pursue a personal injury case, it is important to keep detailed records of all related expenses and losses. This includes medical bills, lost wages, and any other costs associated with the accident. Additionally, if you are unable to work due to your injuries, make sure to keep track of any missed days or reduced hours at work so that you can include this information in your claim. Your attorney and their staff will help with accumulating this evidence.

Accepting an Early Settlement Offer

It is important not to accept an early settlement offer from the insurance company without consulting with a lawyer first. Insurance companies often make low offers in hopes that victims will accept them without consulting an attorney and without fully understanding their rights and options under the law. Moreover, the defendant’s insurance company will not advise you that you have certain obligations under Indiana law to reimburse any of your own insurance carriers for medical bills they paid for which were incurred as a result of your injuries out of your settlement proceeds. An experienced personal injury litigator can help you determine if an offer is fair and advise you on how best to proceed with your case.

In Conclusion

While the personal injury process in Indiana is complex, understanding these key points will assist you in navigating this difficult terrain. Having access to a knowledgeable personal injury attorney in Indianapolis is one of the most powerful tools you can have in your corner as you pursue justice. With their assistance, you can gain a better understanding of Indiana’s laws that apply to your case and be able to make the best decision on how to proceed with your claim. Don’t let confusion and uncertainty put a damper on your spirits or limit the amount of compensation you are entitled to. Get an experienced and knowledgeable lawyer on your side today and fight for the maximum compensation amount you deserve.

Are you looking for personal injury case advice 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 licensed personal injury lawyer in Indianapolis. We represent victims all throughout the state of Indiana and Hoosiers injured in other states. We also represent citizens of other states injured in Indiana.