What You Need to Know About Car Accident Claim Demand Letters

Posted on July 28, 2022 by admin

After sustaining serious injuries in a wrongful auto accident, you may be entitled to pursue legal action against the negligent party to obtain compensation for medical bills and similar economic damages. If you obtain a settlement or judgment against the negligent party, their insurance carrier will pay the settlement of judgment, up to the negligent party’s liability insurance limits.

The best strategy for obtaining a full and fair car accident injury settlement is to hire a licensed and experienced personal injury attorney who specializes in motor vehicle accident claims. From there, they may implement an effective strategy to support the full value of your claim that involves creating a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written document that becomes the basis for negotiating compensation for your resulting damages and losses.

Continue below to learn what you need to know about car accident claim demand letters, including what they entail, why most cases require one, and why you should never attempt to write your own.

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The General Template for a Demand Letter

Demand letters are written with a strict focus on facts first, followed by opinions. Facts that are generally included in a demand letter are as follows:

Description of why the claimant believes the other party is to blame. Did they run a red traffic light? Or maybe they neglected to stop at a stop sign? Whatever the violation or cause may be, it should be included in the demand letter.

Description of ALL injuries sustained by the claimant, how they were sustained, how they are being treated, and how the injury or wound is healing or is healed.

A breakdown of all medical-related financial losses associated with the accident, including hospital bills, medical expenses, and any other evidence and documents showing missed time at work, physical therapy, counseling, medical equipment and supplies, fuel costs traveling to and from medical appointments, and similar losses.

Information about an IUM claim, if applicable. This is when the other person does not have insurance, or their insurance wasn’t enough to cover the medical expenses and other damages and losses.

This typically completes the introduction of a demand letter. Next is the actual demand section. The demand segment of the letter requires a different set of guidelines that should be followed by the claimant and their legal team. In this section, claimant’s demand compensation for:

Medical Expenses – The hospital can provide documents proving a claimant’s injuries and the treatments that followed. Claimants can also provide bank statements, invoices, and other forms of billing evidence that shows the dollar amount associated with the medical treatment.

Liability – Description of how the accident happened and why the other driver was at fault. This should include police reports, photos and witness statements to support the allegations.

Lost Income – All information on the total amount of lost wages incurred because of the injury. Description of how the injury affected the victim’s ability to work and make money, plus proof on how much time they had to take off from work.

Comparative Negligence – If the defendant’s insurance company attempts to argue comparative fault on the party of the plaintiff/claimant, the plaintiff/claimant’s attorney can argue the facts to the insurance adjuster on why such an argument is without merit.

Emotional Distress and Pain and Suffering – Description of injuries sustained and how they have affected the victim’s everyday life, including pain and suffering and relationships, and more. Also, a detailed description of the injuries and accident and how they have caused the victim suffering and trauma.

What to Keep in Mind as You Proceed With Your Auto Accident Claim

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated and could possibly make or break your compensation claim all together. It is strongly encouraged to hire a seasoned Indiana personal injury law firm to navigate all elements of your claim, including writing your demand letter.

Are you looking for a qualified Indiana auto accident lawyer who can represent your best interests in a car accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned car accident attorney in Indianapolis, Indiana who knows how to obtain the maximum settlement or verdict for your claim. We represent victims all throughout the state and Indiana residents injured in other states.

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

Posted on June 30, 2022 by admin

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

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Coverage for Personal Injury Damages and Losses

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

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

What Does an Insurance Adjuster Do?

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

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

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

What To Do if Your Claim is Denied

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

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

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.

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Information You May Be Required to Give in a Personal Injury Deposition

Posted on December 31, 2021 by admin

Personal injury depositions can feel intimidating, to say the least. But with responsible planning, you can face your personal injury deposition with poise and confidence. Always consult with your trusted attorney for deposition advice and guidance. They have the knowledge and resources to ensure you are ready for whatever questions you might be asked.

In fact, continue below to learn some common topics discussed in personal injury depositions to better prepare for the interview process. By knowing what information might be expected of you, you can ease your anxiety and put your best foot forward.

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Personal Injury Depositions

Putting in the groundwork for being deposed involves reviewing the common questions asked during a deposition and preparing your answers accordingly. Not only should you practice and review your answers for your personal injury deposition, but you should also review your answers to any accident reports filed, medical bills, recorded statements, interrogatories, adjuster interviews, and any other legal documents or filings you made with the court.

Common Deposition Questions for Accident Cases

There are various topics that might be discussed at a personal injury deposition. Common questions tend to range from general data like background information and contact information to more specific questions, such as one regarding your accident and injuries.

General Background Information

The initial part of a personal injury deposition is used to cover general information from the person being deposed. Such questions will generally involve topics like employment, employment history, place of residence, residence history, marital status, number of dependents, previous legal matters, insurance claim history, criminal history, medical history, health status, and more.

Accident and Injury Information

A personal injury deposition will eventually switch gears and dive into more specific topics of discussion, namely focusing on the accident and injuries. While being deposed, you can expect questions about the details of the accident, including your involvement, the accident site, police reports, car accident reports, mental state, health condition, and so forth. In the case of a motor vehicle accident, they will want to know the condition of your car prior to and following the accident, as well as the conversions you had with the other parties involved at the scene.

You will also face questions regarding your injuries, including the extent of your injuries, your physical limitations as a result of being injured, how your injuries are affecting your daily life, which doctors you’ve seen, how many appointments you’ve had, who referred you to each doctor, the types of treatments you’ve received, the status of your medical bills, and similar questions.

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

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

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.

FAQS About Car Crash Personal Injury Lawyers

Posted on October 8, 2021 by admin

After being injured in a car crash in Indianapolis, you are likely wondering how to get started with the process of hiring an Indiana personal injury lawyer. After all, the thought of paying out of pocket for all your past, current, and future damages can be a scary one. Fortunately, there are plenty of qualified resources to rely on for answers to your auto accident personal injury questions.

Continue reading to review some frequently asked questions about car crash personal injury lawyers in Indiana, and even learn how to get started on a case evaluation soon.

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Frequently Asked Questions About Car Accident Personal Injuries

Do I Need to Hire an Indianapolis Car Accident Attorney?

Regardless of how minor the insurance adjuster for the at-fault party claims your car accident injuries or damages might be, it is vital to retain professional legal representation from an experienced personal injury lawyer who specializes in motor vehicle accidents.

Many car accident victims make the mistake of believing they can represent themselves in a car crash personal injury claim; only later to discover that their case was worth much more than what they eventually settled for. A skilled and seasoned car crash attorney in Indianapolis will use every resource in their power to obtain the maximum settlement or verdict for you.

Can Wrongful Death Car Crash Victims File an Accident Claim in Indiana?

If you are a spouse or next of kin who has just suffered the wrongful death of a loved one, an Indiana auto accident lawyer will protect your rights to compensation for all of the resulting damages and losses incurred to the family, including medical expenses, hospital bills, loss of social security benefits, loss of income, loss of consortium, pain, suffering, and more.

What Will a Car Accident Attorney Do?

Not only will a car accident attorney in Indiana support you through your recovery process from start to finish, they will also navigate all elements and aspects of your personal injury claim. This includes recovering and scrutinizing all gathered evidence surrounding your case, interviewing any eyewitnesses or involved parties, documenting all testimonies, obtaining photographs, videos and other evidence, conferring with your medical professionals in regard to your injuries and recovery process, and if necessary, obtaining the services of an accident reconstruction specialist to assist in proving the fault of the other driver if necessary.

How Much Does it Cost to Hire a Car Crash Lawyer in Indianapolis?

Personal injury law firms in Indianapolis may differ in terms of their payment arrangement and business model, but most work on contingency. This means that clients do not pay any upfront lawyer fees or costs. In fact, clients do not pay at all unless their personal injury lawyers recover a settlement or verdict for them.

Once a settlement or verdict is obtained, then clients will pay the lawyers a previously agreed upon percentage of their compensation from the defendant’s insurance company. Furthermore, we offer free initial case evaluations to determine your eligibility for pursuing legal action against an at-fault party.

Where Can I Find the Best Car Crash Personal Injury Law Firm in Indianapolis?

The Law Office of Craven, Hoover, and Blazek P.C. is ready to fight for your rights in an Indiana personal injury car accident case. We begin with a thorough review and assessment of the circumstances surrounding your auto accident so that we can document a strong case against the negligent party or involved third parties.

If we cannot get insurance companies or opposing parties to settle out of court and provide you the compensation you deserve and are owed, we take the lawsuit to court. Our Indianapolis Indiana car accident attorneys offer free case evaluations and do not collect lawyer fees unless we recover a settlement or verdict for you so there is no reason not to contact us today.

Are you ready to get started on your auto accident personal injury claim? Contact us directly at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis Indiana personal injury lawyer, today. We represent injured victims all throughout the state of Indiana.

You Might Also Read:

Auto Insurance Terms You Need to Know as a Car Accident Victim
FAQS About Commercial Truck Accident Claims
Tips for Documenting Your Injuries After a Car Accident

How to Cope With the Planning of a Loved One’s Funeral

Posted on September 30, 2021 by admin

Grief and sorrow can be paralyzing after learning of a loved one’s death. It is never easy when a person close to you has passed away. On top of dealing with the angst and pain of losing someone that was an intimate part of your life, you have the responsibility of planning their funeral.

In these circumstances, it is advised to seek out (and let in) as much help and support needed to avoid becoming overwhelmed with anxiety and grief. A funeral should be a beautiful ceremony that honors your loved one’s life and recognizes the impact they had on our world. With the right coping mechanisms and support system, stress can be minimized in the funeral planning process.

Continue reading to learn some helpful tips for coping with grief while planning your loved one’s funeral, as well as how to bring about a wrongful death claim if your loved one lost their lives because of another’s negligence.

Wrongful Death Lawyer Indianapolis Indiana 317-881-2700 — Wrongful Death Lawyers Indianapolis Indiana 317-881-2700

Managing Family and Friends

After losing someone, you may feel like you want to hide away and be alone. The only people it seems you can talk to are the ones closest in your life. When you have to plan a funeral, this is just not possible. You must gather up the strength to make and take phone calls, receive people’s condolences, make funeral arrangements, and inform every one of funeral details. This can all appear exhausting to someone grieving over the loss of a loved one.

Here are ways to cope through these challenging circumstances:

Begin by contacting the people closest to the person who has passed away. Be sure to remember that they will also need a chance to express their grief, just as you do. Although you are still feeling overwhelmed with sadness, try to be there for close family and friends for reciprocal support.

Next, decide on whether the funeral will be small or large. This all depends on the person’s final wishes, and the funeral budget. Determine what they would have wanted, but do not stress over the details. The most important part of the funeral is honoring the person and remembering them, not what color the flowers are and when the reception food will be ready.

In most cases, you can simply hire a funeral director to handle the small details for you, while you take charge of arranging the dates and attendance list. Sharing some of the responsibilities with other loved ones is also recommended.

Wrongful Death Claims

If your loved one lost their life because someone else was negligent or careless, the deceased’s dependents and possibly other family members could be entitled to a settlement. Contact a licensed Indiana wrongful death lawyer to learn your eligibility for recovering compensation for damages such as medical expenses, hospital bills, lost wages, loss of social security, disability or employment benefits, pain, suffering, loss of consortium, loss of companionship, and more.

Was your loved one wrongly killed in an accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for wrongful death personal injury representation in Indianapolis, Indiana. We represent clients all throughout the state.

You Should Also Read:

Facts About Indiana Wrongful Death Court Procedures
Do You Suspect Neglect at Your Loved One’s Nursing Home?
What are Future Damages in a Wrongful Death Case?

What are the Indiana Civil Statute of Limitations?

Posted on September 14, 2021 by admin

Whether you are a victim of libel, slander, or injury, it is in your best interest to learn how much time you have to bring about a claim against the at-fault party who caused your damages. This time period is known as statute of limitations, and here in the Hoosier state, they can differ depending on the type of accident or injury.

For now, continue reading to review the common Indiana civil statute of limitations, and learn where to get the most trusted legal advice for your personal injury claim in Indianapolis.

Civil Statute of Limitation Laws in Indiana

Victims of personal injuries or torts, including next of kin and immediate family members who have lost a loved one because of a wrongful death accident, must file their personal injury claim or civil action against an at-fault party within a set period of time. This deadline is known as the Indiana statute of limitations.

For most personal injury cases, the Indiana statute of limitations is two years. In fact, most states have a similar statute of limitations for most civil actions and tort cases. But for other types of accidents and injuries in Indiana, the statute of limitations could be as high as 20 years or as low as six months.

Here are some of the most common types of civil action cases, as well as their statute of limitations:

► Injury to a Person – 2 Years
► Libel/Slander – 2 Years
► Professional Malpractice – 2 Years
► Fraud – 6 Years
► Trespassing – 2 Years
► Harm to Personal Property – 2 Years
► Collection of Debt on Account – 2 Years
► Collection of Rent – 6 Years
► Contracts – 10 Years Written, 6 Years Oral, 2 Years Employment Agreements, 6 Years Payment of Money

A Possible Exception Could Be the Discovery Rule

Many states have some form of a “discovery rule” exception to their statute of limitations, which extends the filing deadline for making a personal injury claim under very specific circumstances. This discovery rule extension is generally granted when a personal injury victim did not know about their injuries until after the statute of limitations expired, who was responsible for the accident until after the statute of limitations ran out, or that the suspected liable party’s actions may have caused their injuries until after the statute of limitations expired. This is common in medical malpractice cases.

Governmental Defendants

If the defendant is a governmental agency your time limitations for making a claim are significantly reduced. A Tort Claim Notice has to be sent to the possible governmental defendant in less that 6 months in some circumstances.

Why You Need to File a Claim ASAP

Because Indiana does have statute of limitation laws for civil actions and personal injury claims, it is important to act fast on your claim. The clock begins to take as soon as your accident takes place, so be sure to contact Indiana personal injury law firm as soon as you have been medically stabilized. They can take on all elements and aspects of your personal injury case from that point and ensure that you obtain the maximum settlement or verdict for your claim.

Not sure which personal injury law firm in Indiana trust for the best representation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indianapolis IN accident attorney you can trust. We represent clients all throughout Indiana, and offer free initial case evaluations over the phone, via online video, or in person.

You Should Also Read:

Is There Still Time to File My Indiana Personal Injury Claim?
Can a Personal Injury Statute of Limitations Be Extended?
Qualities to Look For When Choosing a Personal Injury Attorney

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

Posted on September 3, 2021 by admin

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

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Benefits of Personal Injury Representation

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

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

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

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

Why You Do Not Want to Represent Your Own Claim

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

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

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

Avoid Hiring a General Practice Lawyer

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

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

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

You Should Also Read:

How Can I Tell Whether or Not I Have an Injury Case?
How Much Does it Cost to Hire an Accident Lawyer?
Common Terminology in a Personal Injury Claim