Pros and Cons of Insurance Company Structured Settlements

Posted on December 30, 2019 by admin

When an insurance company agrees to pay someone a settlement, they may offer to make payments periodically rather than in one lump sum. This is called a structured settlement, and it does sometimes occur in insurance claims and lawsuits. At first thought, you might expect a structured settlement to be a bit of a disadvantage to the payee, however there may be more benefits to structured settlements that meets the eye. On the other hand, there are also a few disadvantages, or what some would consider cons to structured settlements.

Continue reading to learn some of the pros and cons of insurance Company structured settlements, and where to get the best legal advice regarding your potential accident claim.

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Potential ADVANTAGES of Structured Settlements

If you were to ask a group of individuals who have received a structured settlement in the past from an insurance company, they would likely tell you that the primary benefit they experienced was secure financial management. By receiving their settlement in increments rather than one lump sum, they were able to better control their spending and savings, and therefore, practice improved financial management.

Here are some additional prospective benefits to receiving a structured settlement:

In many cases, a structured settlement usually winds up paying out more money than a lump sum payment.

Structured settlements can also make financial planning, namely tax planning, a lot easier when compared to the process following a lump sum payout.

Due to the added annual income a structured settlement provides, recipients may be eligible for certain tax benefits and advantages.

Many recipients of structured settlements enjoy adding to their annual income as an alternative to receiving a bulk payment from an insurance company settlement.

By receiving a structured settlement in periodic payments, recipients can better control their spending and savings over time.

Potential DISADVANTAGES of Structured Settlements

When it comes to the possible disadvantages of structured settlements, there may be a few. In fact, if you were to ask the same group of individuals in the last example, they would likely have a few complaints as well. One of the main disadvantages discussed among structured settlement recipients and legal advisors is the fact that it can hold you back from taking advantage of certain investment opportunities, such as investing in stocks, bonds, real estate, business, schooling, and more.

Here are some other possible cons to accepting a structured settlement:

In some scenarios, a structured settlement can turn out to be less money than a lump sum payment after you consider commissions, fees, and inflation.

Many are opposed to structured settlements from insurance companies because they don’t like the idea that a financial institution has control of their settlement.

There are several legal regulations restricting how you can sell your structured settlement, if you ever choose to do so.

Trusted Legal Advice About Insurance Settlements for Indiana Injury Claims

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential Indiana personal injury claim with a licensed accident attorney you can trust. Our law firm offers free initial consultations and never collects lawyer fees unless we recover a settlement or judgment for you. Get started on your path to financial and emotional recovery with a simple phone call to our Indianapolis accident injury lawyers, today. We represent clients throughout the State of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700

How to Solve Insurance Disputes After Being Hurt in an Accident

Posted on December 27, 2019 by admin

After being injured in an accident that was not your fault, you have more than just the physical pain of injury to deal with, making it a serious and strenuous time in your life. So, when an insurance company doesn’t want to offer a fair settlement to cover medical expenses, hospital bills, lost wages, and similar damages, the back-and-forth negotiations can make you feel even more bleak and powerless.

Continue reading to learn more facts about insurance negotiations, and who to trust for legal advice regarding your rights to compensation after being hurt in an accident in Indiana.

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Insurance Adjuster Negotiations

The process of negotiating with aggressive and stubborn insurance adjusters is incredibly challenging and sometimes misleading, which is why it should not be handled on your own. If you were seriously injured in an accident, the insurance company will most likely fail to deliver a full and fair settlement to cover your damages and losses so you should talk to a legal professional right away. Keep in mind that insurance companies are businesses that exist to make money. They do not exist to treat people fairly and compensate them fully. You should hire your own attorney to represent your own interests right after you go to your fist doctor visit.

Hire an Accident Lawyer

To get the full and fair amount of compensation you deserve to to cover all of your losses, you need to hire a seasoned personal injury law firm to navigate and prosecute your case. We have the knowledge, experience, drive, and resources to professionally investigate and manage your accident case and fight the insurance company for the settlement you deserve. With extensive trial and litigation experience, your personal injury attorney will know exactly how to negotiate with insurance providers. This is a complex skill that takes years of practice and hands-on experience to master, so be sure to hire an accident lawyer that has the experience your case needs to be successful.

Insurance Negotiations

In the case of an accident in which another person or entity causes you injury, generally their insurance company would eventually be responsible for covering your related losses and damages. However, insurance companies are not happy about this, and they take measures and make arguments to avoid liability or pay out as little as possible. This is where a personal injury attorney will come into play. With some pressure and seasoned negotiating skills and obtaining the necessary evidence, your Indianapolis accident lawyer can recover the full amount of compensation you are rightfully owed.

Please Beware…

An important insurance company warning you need to always remember is to never offer a statement until you have spoken with your lawyer. Sometimes a seemingly innocent statement can be twisted by insurance companies and used in their favor in an attempt to escape financial liability. A good accident lawyer will protect you from being taken advantage in this way.

Indiana Personal Injury Lawyers You Can Trust

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

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Can I Sue Both Company and Driver After Being Hurt in a Truck Accident?

Posted on December 23, 2019 by admin

The consequences of car accidents range on a very broad spectrum, from minor all the way to fatal. But when it comes to truck accidents, the damages tend to be even more extensive given that trucks are larger, heavier, and therefore more lethal than a standard sedan or compact car. Often times, it is the trucking company that would be held liable for an accident caused by one of their drivers; however, there are some cases in which a separate claim can be brought against a negligent trucker driver too.

Continue reading to learn more about the possibility of suing both trucking company and driver after being injured in a serious trucking accident in Indiana.

Indiana Truck Accident Lawyers 317-881-2700

Trucking Company Employees vs. Independent Contractors

Most often, the trucking company is responsible for any damages caused by an employed driver while they were on the clock. However, some trucking accident claims can prove to be a bit trickier since not all truck drivers are employed by the trucking company. Some trucking companies outsource truck drivers who own their own truck and operate as independent contractors. In the case that a driver was injured by an independent trucking contractor, appointing liability can pose its challenges due to certain independent contracting laws. For this reason, it is vital to have a seasoned truck accident attorney representing your claim, from start to finish.

Although the negligent actions of employees of a trucking company are the trucking company’s responsibility, independent trucking contractors are responsible for themselves. This means that the trucking company that hired an independent trucker will generally not be held legally liable if the trucker causes an accident that harms another person. In fact, it is quite common for trucking companies and their insurance carrier to point the finger totally on the independent truck driver. On the other hand, if the trucking company lease a truck or placard to a truck driver, they could be found legally liable for the driver’s actions while on the clock.

Another important factor that courts will consider is whether or not the truck driver of a trucking company was acting within their scope of employment. For instance, if an employed truck driver of a trucking company causes an accident while on the clock performing work duties, the company can be held liable for the accident. However, the trucking company might be able to evade liability if the employee acted outside their scope of employment by causing an accident while running a personal errand, potentially. The company could argue that because the employee was acting outside of their scope of employment, they are not accountable.

What You Should Do After a Truck Accident

If you were just injured in a serious car accident as a result of a negligent trucker, you are likely entitled to collecting compensation for your subsequent damages and losses. See our blog, “FAQS About Commercial Truck Accident Claims” to learn more about your options for legal recompense. Contact a licensed truck accident lawyer in Indianapolis for help navigating your personal injury claim, today.

Indiana Truck Accident Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis truck accident attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana and are located in Indianapolis, Indiana.

Common Conditions That Cause Outdoor Slip and Fall Injuries

Posted on December 20, 2019 by admin

Among all the different types of personal injury lawsuits that take place here in the United States, one of the most common involve slip and fall accidents. A primary reason for the frequency of slip and fall accidents is the broad range of potential circumstances that can cause them. This season, outdoor slip and fall accidents are more common than most, perhaps due to the increase of snow, ice, wet conditions, and seasonal premise neglect. Those on foot, such as pedestrians and children, are prone to slipping or tripping on icy sidewalks, wet pavement, slippery steps, crumbling curbs, and similar outside seasonal circumstances.

Fortunately, anyone hurt in a slip and fall accident indoors or outdoors typically has some legal recourse for recovering compensation.

Continue reading for some tips that will help you achieve this goal, as well as, where to learn more about your rights to compensation after being injured in a slip and fall accident on someone else’s property.

Indianapolis Slip and Fall Lawyers 317-881-2700

Outdoor Slip and Fall Hazards

An obvious culprit behind slip and fall accidents is ice, but ultimately, moisture is the umbrella cause of hazardous outdoor conditions in the winter. Moisture can include rain, hail, snow, and of course, ice. Since moisture causes wetness, it promotes slippery surfaces, poor traction, and ice accumulation, all of which can cause a person to lose their balance and fall. Moisture can also cause freeze thaw cycles that lead to cracked and crumbling pavements, such as stairs, curbs, sidewalks, and more, which are hazardous to anyone on foot or bike.

Bridges and Overpasses

Pedestrian bridges and overpasses are another common slip and fall hazard in winter since the circulation of air around the bridge promotes exponential ice accumulation, and therefore extremely slippery conditions.

Rooftop Drip Lines

Another area to look out for during snowy times are rooftops and roof drip lines. Heavy snow accumulation can melt and drip water off of the edges of roofing, and thus create a very icy drip line. The same heavy snow accumulation on roofs can freeze and clog downspouts and gutters, also posing several types of slip and fall hazards for pedestrians, store customers, employees, guests, and more.

Parking Lots

Poorly maintained parking lots are another common wintertime hazard. When parking lots contain potholes, improper sloping, or poor water drainage schematics, icy puddles can develop and lead to all sorts of slip and fall accidents and injuries.

Poor Lighting

Aside from snow and ice, a year-round outdoor slip and fall hazard is poor lighting. Parking garages, parking lots, and similar areas might not be well maintained by the property owner, and provide poor lighting for pedestrians. For instance, a person might not be able to see a railing or a step well enough, and as a result lose their balance and fall.

Inadequate Snow Removal

Heavy accumulations and piles of snow around walkways, doorways, stairways, and entryways can pose a high risk of slip and fall injuries. When property owners, whether residential or commercial, fail to take reasonable actions to remove heavy snow accumulation from the public access areas of their property, they can be held liable for any slip and fall accidents and injuries that are caused by their negligence.

Injured in a Slip and Fall Accident?

When a slip and fall accident happens to an innocent person because someone else was careless, it is important for the negligent party to be held accountable for the victim’s injuries and subsequent losses. A personal injury lawyer can help slip and fall victims accomplish this goal by recovering the full and fair compensation necessary to cover hospital bills, medical expenses, lost wages, pain, suffering, and more.

Seasoned Indianapolis Slip and Fall Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced slip and fall lawyer in Central Indiana. Our seasoned personal injury attorneys retain extensive experience working with slip and fall claims, and will work diligently to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today. We are located in Indianapolis, Indiana and represent clients throughout the State of Indiana.

How Do I Sue a Store for My Injuries?

Posted on December 18, 2019 by admin

After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more. Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Do I Need to Hire a Personal Injury Lawyer for My Accident Claim?

Posted on December 9, 2019 by admin

Although it is not required by law to hire a personal injury lawyer to represent an accident claim, in almost all cases, it is the best choice. Continue reading to learn why it is important to retain a seasoned attorney after being injured in an accident that was not your fault.

Always Hire an Attorney

When it comes to obtaining the best possible outcome for your accident claim, the most effective course of action, both practically and financially, is to hire a personal injury lawyer. We have the knowledge, resources, and experience to fully comprehend the law surrounding your case which in turn helps protect your right to a full and fair settlement or verdict. You may be entitled to certain compensation to cover your damages and losses that result from your accident and injuries, including medical expenses, hospital bills, lost wages, pain and suffering, and much more.

The Consequences of Having No Lawyer

Representing yourself in a personal injury case is referred to as “pro se” in most states. This legal route is extremely risky because, in most cases, it usually costs plaintiffs more money in the long run and renders less of a settlement. The only time it might be acceptable to represent yourself in a personal injury claim would be if the case was worth a very low amount and the plaintiff filed suit in small claims court. However, numerous personal injury lawsuits are high-value claims, making this possibility a very rare one.

Get an Attorney With Injury Experience

Not only should you not enter a personal injury claim without a lawyer representing your best interests, you do not want to hire simply any general practice lawyer. It is vital to hire an attorney who focuses solely on accident law to get the best possible outcome for your settlement. After all, you wouldn’t go to your family doctor to have them do surgery, you would go see a doctor who is a surgeon. The same principle applies when it comes time to hiring a legal professional. Be sure to choose a personal injury lawyer who has experience representing victims that were injured in the same type of accident you were injured in.

Defendant’s Insurance Companies Have Attorneys

The insurance company for the at-fault driver will have an attorney, usually an in-house attorney, that works directly for the insurance company and who is paid by the insurance company to defend the at-fault driver. In bigger cases, an attorney is brought in immediately after the at-fault driver calls their insurance company to advise them of the collision or incident. Because the defendant’s insurance company has an attorney working on the case from day one, so should you.

Get a Free Initial Consultation With a Trusted Indianapolis Accident Lawyer

The Law Office of Craven, Hoover, and Blazek P.C. provides prompt, personalized, and responsive legal services for victims injured in Indianapolis, Indiana. Contact our law office today at 317-881-2700 and schedule a free initial consultation with a practiced Indianapolis injury attorney to find out if your injuries entitle you to legal compensation. We represent injured people throughout the State of Indiana.

Facts About Indiana Bus Accident Law

Posted on December 3, 2019 by admin

Since all buses operate as a business that provide transportation services to the general public, all regulations governing bus accidents fall under an area of law known as common carrier law. A common carrier can be defined as any public or private business (or individual) that transports people, goods, or services in exchange for a fee. This includes taxi cabs, limousines, trains, trolleys, ferries, cruise ships, airplanes, and of course, buses. According to the Interstate Commerce Act, common carriers have a higher legal responsibility, or duty of care, which means they have more liability in the case of an accident. In fact, common carrier accidents come with a special set of rules in comparison to standard motor vehicle accidents.

Continue reading to learn more pertinent facts surrounding state and federal bus accident law, as well as, where to get professional and personalized advice after being negligently injured on a common carrier.

Indianapolis Bus Accident Attorneys 317-881-2700

Common Carrier Laws

Depending on where common carriers are traveling, they are governed on a local, state, and federal level. The federal government regulates common carriers that provide transportation to passengers or goods across state lines under the Interstate Commerce Act. Local and state governments regulate transportation services that take place within state lines.

The law places the highest degree of care on common carriers. If a common carrier fails to uphold their legal duty of care, and as a result, someone is injured, their actions (or non-actions) would be considered negligent. In this case, special rules for compensation would apply, especially if the victims were ill, disabled, or children. Common examples of common carrier negligence include fatigued driving, intoxicated driving, lack of proper vehicular maintenance, inadequate driver training, and speeding or similar kinds of reckless driving.

Bus Accident Victims

Anyone injured in a common carrier bus accident has a right to make a claim against the negligent party, but will require the assistance of a personal injury lawyer to obtain the best settlement outcome possible. However, many common carriers are government agencies, which means strict rules apply in terms of statutes of limitations and other limitations. It is strongly encouraged to seek professional legal advice regarding your bus accident claim as soon as possible.

Indianapolis Bus Accident Lawyers You Can Trust

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action after being negligently injured on a bus or similar common carrier in Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover full and fair compensation for your losses. We also offer free initial consultations and never collect lawyer fees unless we recover a settlement. Call 317-881-2700 to schedule your free consultation, today.