The Road to Justice: Filing a Traumatic Brain Injury Lawsuit in Indiana

Posted on August 30, 2024 by admin

In the heart of Indiana, where communities thrive on resilience and solidarity, traumatic brain injuries (TBIs) cast a long shadow over countless lives. These injuries, often sudden and severe, can alter the course of life not only for the victim but also for their family, turning everyday moments into monumental challenges. If you or a loved one has suffered from a traumatic brain incident due to someone else’s negligence, understanding your legal rights is crucial.

This blog post will guide you through the steps of filing a personal injury lawsuit in Indiana, offering insight into the complexities of TBI cases and how compensation can help pave the way toward recovery.

Call 317-881-2700 When You Need a TBI Attorney in Indianapolis Indiana

Legal Aspects of Traumatic Brain Injuries (TBI) in Indiana

Traumatic brain injuries occur when an external force injures the brain, affecting its ability to function normally. Such head injuries range from minor concussions to severe brain damage, each with unique symptoms and recovery paths. In Indiana, TBIs are commonly caused by car accidents, falls, and sports injuries, impacting thousands of residents annually. The repercussions extend beyond physical health, affecting emotional well-being and financial stability, necessitating comprehensive medical and legal support.

Suing for a TBI

At the core of any TBI lawsuit is the concept of negligence, which refers to a failure to take reasonable care, resulting in injury to another person. Proving negligence involves demonstrating that the defendant owed a duty of care, breached that duty, and caused harm as a result. In Indiana, the complexities of traumatic brain injury cases make seeking legal representation essential. An experienced brain injury attorney can help gather evidence, document a compelling case, and advocate for full and fair compensation, ensuring that victims and their families are not left to shoulder the burden alone.

Filing a TBI Lawsuit in Indiana

Initiating a traumatic brain injury lawsuit in Indiana involves several crucial steps, each requiring meticulous attention to detail. Firstly, understanding the statute of limitations is vital, as Indiana law typically allows two years from the date of the injury to file a lawsuit. Gathering evidence, such as medical records, accident reports, photographs, video, expert testimony and witness statements, forms the backbone of your case. With the guidance of a skilled TBI lawyer, you can navigate these steps efficiently, maximizing your chances of a favorable outcome.

The Value of a Traumatic Brain Injury Lawsuit

Compensation from a TBI lawsuit can significantly aid recovery by covering medical bills, lost wages, and future care costs. Beyond these tangible benefits, Indiana law also recognizes non-economic damages, such as pain and suffering and loss of consortium, which account for the emotional toll of a brain injury. Understanding the full scope of personal injury damages is crucial when pursuing justice, as it ensures that victims receive the comprehensive support they need to rebuild their lives as much as possible.

The Role of a Traumatic Brain Injury Attorney

Partnering with a traumatic brain injury attorney offers numerous advantages, from expert legal advice to dedicated case management. An experienced lawyer can assess the details of your case, negotiate with insurance companies, and represent your interests in court, providing peace of mind during a challenging time.

FAQs About Brain Injuries and Legal Rights in Indiana

What are the most common causes of TBIs in Indiana?

Traumatic brain injuries can be caused by a variety of factors. In Indiana, the most common causes of TBIs are falls, motor vehicle accidents, and sports injuries. Falls account for the majority of TBIs, especially in older adults. Motor vehicle accidents are also a major factor, with both drivers and passengers at risk for head injuries. Sports-related TBIs are becoming increasingly prevalent, especially in high-contact sports such as football and hockey.

Regardless of the cause, TBIs can have serious and long-lasting effects on an individual’s physical and cognitive well-being. It’s important to take steps to prevent TBIs whenever possible and seek medical attention immediately if a head injury occurs.

How long do I have to file a TBI lawsuit in Indiana?

In Indiana, the statute of limitations for a TBI lawsuit is two years from the date of the injury in most situations. This means that you have two years from the date of your injury to file a lawsuit. It is crucial to act promptly as this deadline is strictly enforced, and failure to file on time may result in forfeiting your right to seek legal action.

So, if you or a loved one has suffered from a traumatic brain injury, it is time to reach out to an experienced attorney to guide you through the process of filing a lawsuit and ensure that your legal rights are protected. It is actually vital to hire a personal injury attorney as soon as possible after the injury causing incident as evidence must be preserved and obtained.

What types of compensation can I receive from a TBI lawsuit?

Personal injury damages for a traumatic brain injury (TBI) may include medical expenses, lost wages, loss of earning capacity, pain and suffering, and even future damages like prolonged medical care or permanent disabilities. While no amount of money can completely heal the harm caused by a TBI, pursuing personal injury damages can help alleviate some of the financial stress and emotional damage caused by the injury.

Can family members also pursue legal action for their loved one’s TBI?

A traumatic brain injury (TBI) can have devastating consequences on an individual and their family. While the affected person may be the main plaintiff in a TBI lawsuit, it’s important to note that family members may also have legal standing to pursue legal action on their loved one’s behalf. This could involve seeking compensation for medical bills, lost wages, and other damages resulting from the TBI. Additionally, family members may have rights to certain benefits or insurance policies tied to their loved one’s injury. Ultimately, every situation is different, but it’s worth exploring all avenues of legal recourse to ensure that justice is served and the family can move forward with peace of mind.

IN SUMMARY

Filing a traumatic brain injury lawsuit in Indiana is a complex yet vital step toward securing justice and support for victims and their families. By understanding the intricacies of TBI cases, the role of legal representation, and the potential for compensation, you can make informed decisions that pave the way for recovery. If you or a loved one is affected by a serious head injury, don’t hesitate to seek legal advice and connect with a local TBI attorney to explore your options. Together, we can work toward a future where every survivor receives the care and justice they deserve.

Were you or a loved one wrongfully injured and as a result, suffered a serious head injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation, today. Our Indianapolis brain injury lawyers are here to help you and your family recover the fullest settlement possible, whether in or outside the courtroom. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

Navigating the Depths: Understanding Swimming Pool Accident Claims

Posted on June 24, 2024 by admin

Swimming pools are synonymous with fun and relaxation, but they also pose significant risks. Understanding personal injury claims related to swimming pool accidents is crucial, especially for swimmers, parents, pool owners, and anyone who frequents public pools.

In this blog post, we’ll explore the common types of swimming pool accidents, their legal implications, and the steps you should take if you find yourself or a loved one injured. Additionally, we’ll discuss the responsibilities of pool owners and operators to ensure safety and prevent accidents.

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Common Swimming Pool Accidents

Swimming pools can be a hotspot for a variety of accidents, each with its own set of causes and consequences.

Drownings and Near-Drownings

Drowning is one of the leading causes of accidental deaths worldwide, and swimming pools are no exception. A person can drown if they can’t breathe after being submerged in water for too long. According to Centers For Disease Control and Prevention (CDC) statistics, over 4,500 people died due to drowning each year from 2020 to 2022. Near-drowning refers to a situation where someone has almost drowned but survived. This can lead to long-term health issues such as brain damage or respiratory problems.

Diving Injuries

Diving into shallow water or improperly marked depths can lead to severe injuries, including spinal cord damage and traumatic brain injuries. Improper signage and lack of supervision are common causes of swimming pool diving and diving board injuries.

Slip and Falls

Wet surfaces around the pool area are a common cause of slip and fall accidents. These accidents can result in broken bones, concussions, and other serious injuries. The National Safety Council reports that falls are the leading cause of non-fatal injuries in the U.S., and swimming pools are no exception.

Chemical Burns

Improper handling or incorrect chemical balance in pool water can cause chemical burns and respiratory issues. The CDC highlights that exposure to high levels of chlorine can lead to skin irritations and lung problems. They report that between 2015 and 2017, an estimated 13,508 visits to U.S. emergency departments were due to pool chemical injuries, with about one third of these incidents involving individuals under 18 years old. Faulty maintenance and inadequate training are often to blame.

Entrapment Incidents

Entrapment occurs when a swimmer gets stuck on a pool drain due to powerful suction. This can lead to drowning or severe internal injuries. The Consumer Product Safety Commission reports that between 2014 and 2018, there were 11 confirmed entrapment incidents in swimming pools, whirlpool bathtubs, and spas.

Legal Aspects of Personal Injury Claims

Understanding the legal framework surrounding swimming pool accidents is essential for anyone seeking to file a personal injury claim.

Premises Liability

Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. In the context of swimming pools, this means that pool owners could be held liable if an accident occurs due to their negligence, such as failing to maintain the pool area properly or not providing adequate warnings of potential hazards.

There is also the subject of maintaining an attractive nuisance. This refers to the legal responsibility of a property owner to ensure that their pool or other attractive features do not pose a risk to children. Pool owners must take reasonable steps, such as installing fences and gates, to prevent unauthorized access by children.

Negligence

Negligence is the failure to exercise reasonable care, resulting in injury or loss to another person. For swimming pool accidents, this could include inadequate supervision, poor pool maintenance, or not following safety regulations. If someone is injured due to another’s negligence, they may have grounds for a personal injury claim.

Steps to Take After a Swimming Pool Accident

Taking immediate and appropriate action after a swimming pool accident can significantly impact the outcome of any personal injury claim.

Medical Attention and Documentation

The first and foremost step is to seek medical attention. Even if injuries appear minor, it’s crucial to get a professional evaluation. Medical records will be essential for any subsequent legal action. Documenting the scene of the accident, including taking photographs and gathering witness statements, can also be invaluable.

Reporting the Incident

Report the incident to the appropriate authority, whether it’s the pool owner, a lifeguard, or local law enforcement. An official report can serve as crucial evidence in your case. Ensure that the details are accurate and that you keep a copy for your records.

Seeking Legal Advice

If your child or a family member is injured in someone else’s swimming pool, you should know your legal rights. It’s important to document the incident, seek medical attention, and contact a personal injury law firm to explore your options for compensation. Personal injury lawyers specializing in swimming pool accidents can provide you with the necessary guidance you need.

They can help you understand your rights, the viability of your claim, and the steps needed to pursue compensation. Legal representation can also handle communications with insurance companies and opposing parties, ensuring that your case is managed professionally.

Pool Safety and Responsibilities

Pool safety is a shared responsibility among pool owners, operators, and users.

Duty of Care for Pool Owners

Pool owners must exercise a duty of care to ensure their pool area is safe for users. This includes regular maintenance, proper signage, and adequate supervision. Failure to meet these responsibilities can result in legal liability if an accident occurs.

Tips for Preventing Swimming Pool Accidents

Prevention is always better than cure. Here are some practical tips for maintaining a safe swimming pool environment:

Regular Maintenance: Ensure that the pool and its surroundings are well-maintained. Check for potential hazards like loose tiles or malfunctioning drains.
Adequate Supervision: Never leave children unattended near a swimming pool. Hiring a lifeguard or ensuring competent adult supervision can prevent many accidents.
Proper Signage: Clearly mark depths and hazards. Inform users of pool rules and safety guidelines.

Promoting Safety

Promoting a culture of safety can go a long way in preventing accidents. Educate your family and guests about pool safety practices, such as not running near the pool, avoiding alcohol consumption while swimming, and knowing basic water rescue techniques. Remember, safety is everyone’s responsibility, so let’s work together to make our pools safer for all.

CONCLUSION

Swimming pool accidents can have devastating consequences, but understanding the legal aspects of personal injury claims can help you seek the compensation you deserve. From knowing common types of accidents to understanding premises liability and negligence, being informed is your first step towards justice.

If your child or loved one has been involved in a swimming accident, don’t hesitate to seek legal advice. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your case and explore your options for filing a personal injury accident claim in Indianapolis. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

Can You Sue for Emotional and Psychological Damages? Everything You Need to Know

Posted on June 18, 2024 by admin

Have you or someone you know suffered from emotional or psychological trauma due to an accident or incident? Understanding your rights and the legal avenues available can be crucial for your well-being.

This blog post aims to explore the process of suing for emotional and psychological damages, a topic that’s increasingly relevant in personal injury law. We’ll discuss what these damages entail, who can be held liable, and the steps involved in proving and preparing your case. By the end, you’ll have a clearer understanding of your rights and the legal options available to you.

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The Basis of Emotional and Psychological Damages

Types of Emotional and Psychological Injuries

When we talk about emotional and psychological damages, we’re referring to the mental and emotional distress that may result from a traumatic event. These can include depression, anxiety, post-traumatic stress disorder (PTSD), and other forms of psychological suffering. Unlike physical injuries, emotional and psychological damages are often invisible but can be equally devastating.

The Impact on the Individual’s Life

The impact of these damages can be far-reaching. They may affect your ability to work, maintain relationships, and even perform daily activities. Understanding the full scope of these injuries is essential for both the victim and their legal representation, as it forms the basis for any compensation claims.

Determining Liability in a Personal Injury Case

Who Can Be Held Responsible?

In personal injury cases, determining who can be held responsible for emotional and psychological damages is a critical step. Liability typically falls on the party whose negligence or intentional actions caused the harm. This could be an individual, a company, or even a government entity. Their insurance companies would be responsible for paying any judgement against them up to their policy limits.

Legal Framework

The legal framework surrounding emotional and psychological damages can be complex. Different jurisdictions have varying standards for proving liability, which makes it essential to consult with a knowledgeable personal injury attorney.

Proving Personal Injury Damages

Legal and Practical Considerations

Proving emotional and psychological damages in court requires a well-thought-out strategy. Unlike physical injuries, these damages are not visible, making them harder to quantify. However, they are no less real. Understanding the legal and practical considerations involved is crucial for a successful case.

Importance of Evidence and Expert Testimony

Evidence is the backbone of any legal case, and emotional and psychological injury lawsuits are no exception. Medical records, therapy notes, and medical reports can serve as vital pieces of evidence. Expert testimony from psychologists or psychiatrists also provide a professional assessment of your condition, which is necessary for your case. Expert testimony is required in all emotional and psychological injury lawsuits.

Preparing for a Personal Injury Lawsuit

Steps to Take

If you’re considering suing for emotional and psychological damages, the first step is to consult with a personal injury lawyer. They can guide you through the legal intricacies and help you document a strong case. Gathering evidence, documenting your experiences, and obtaining medical evaluations are crucial steps in this process.

The Role of Legal Representation

Having competent legal representation can make a significant difference in the outcome of your case. A skilled personal injury attorney will not only help you gather evidence but also present it compellingly in court. They will also negotiate with insurance companies and opposing counsel to ensure you receive the compensation you deserve.

Frequently Asked Questions

Can I Sue for Emotional Damages Without Physical Injury?

Yes, it is possible to sue for emotional and psychological damages even if you haven’t sustained a physical injury. However, proving such cases can be more challenging, requiring robust evidence and expert testimony.

What Kind of Compensation Can I Expect?

Compensation for emotional and psychological damages can vary widely. It may cover medical expenses, lost wages, pain and suffering and even punitive damages in cases of gross negligence or intentional harm. Consulting with a personal injury lawyer will give you a better idea of what to expect.

How Long Does the Lawsuit Process Take?

The duration of a lawsuit for emotional and psychological damages can vary depending on the complexity of the case and the jurisdiction. On average, these cases can take several months to a year or two to resolve.

KEY TAKEAWAYS

Suing for emotional and psychological damages is a complex but crucial avenue for victims seeking justice and compensation. Understanding what these damages entail, who can be held liable, and the steps involved in proving and preparing your case can make a significant difference in the outcome. If you believe you have a valid claim, consult with a personal injury lawyer to explore your options. Don’t suffer in silence—take action today to protect your rights and secure the compensation you deserve.

For tailored legal guidance on your case, feel free to reach out to our Indianapolis law firm. Contact the seasoned Indiana personal injury attorneys at Craven, Hoover & Blazek, P.C. to schedule a free case evaluation, today. Don’t hesitate – time might run out on your claim. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

Addressing PTSD After a Serious Accident: A Guide for Survivors

Posted on April 19, 2024 by admin

Post-traumatic stress disorder (PTSD) can be an inescapable shadow that lingers long after the physical wounds of a serious accident have healed. For many who have experienced traumatic events on the road, at work, or in their daily lives, post-traumatic stress disorder can reshape their mental landscape, introducing new challenges and struggles that were never part of their pre-accident identity. This extensive guide aims to walk accident survivors, PTSD support groups, and individuals navigating personal injury challenges through the often tumultuous terrain of post-accident PTSD.

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Understanding PTSD in the Context of Accidents

Post Traumatic Stress Disorder, also referred to in short as PTSD, is a mental health condition triggered by witnessing or experiencing a terrifying event. It can manifest in numerous ways, from flashbacks and nightmares to severe anxiety and uncontrollable thoughts about the event. When these symptoms persist for an extended period, often beyond a month, and disrupt daily life, they may indicate PTSD.

Survivors of serious accidents are particularly susceptible to the onset of post-traumatic stress disorder, given the sudden and life-threatening nature of their experiences. The acute phase of post-traumatic stress disorder may begin in the immediate aftermath of the event, followed by chronic symptoms that can endure for months or years. Some individuals may even face a delayed onset, where PTSD symptoms emerge significantly after the incident, sometimes even decades later.

Survivors may struggle with feelings of guilt, helplessness, or fear, which can interplay with physical injuries and the practical aftermath of the accident, such as navigating insurance claims or adjusting to a new way of life. It’s essential to recognize that developing PTSD is not a sign of weakness but rather a normal human response to an abnormal event.

FAQs about Post Traumatic Stress Disorder After Accidents

What are the Common Symptoms of PTSD After an Accident?

Symptoms of post-traumatic stress disorder can vary widely, but some common indicators include:

Reliving the traumatic event through intrusive memories, flashbacks, or nightmares
Being overly alert or easily startled, often referred to as hyper-arousal
Avoidance of places, people, or activities that remind the individual of the trauma
Negative changes in thinking and mood, like persistent negative emotions or a distorted sense of blame

It’s crucial to note that not everyone experiences PTSD in the same way, and some individuals may exhibit symptoms not listed here. Seeking professional help is the best way to understand one’s unique symptoms and needs.

How is PTSD Diagnosed and Treated in Accident Survivors?

Diagnosis is usually a two-step process that involves a psychological evaluation and a discussion of symptoms and their impact on daily life. Treatment can encompass various methods, including psychotherapy, medication, or a combination of both. Cognitive-behavioral therapy (CBT) has shown particular effectiveness in helping individuals manage and reduce post-traumatic stress disorder symptoms, as it focuses on identifying and addressing unhelpful thought patterns and behaviors that can accompany the disorder.

What are the Long-Term Effects of PTSD?

The long-term implications of post-traumatic stress disorder can be profound. It can affect relationships, work, and personal well-being, leading to issues such as depression, substance abuse, and even physical health problems if left untreated. Long-term treatment and support are often necessary to manage PTSD effectively.

How Does PTSD Affect Personal Injury Claims and Compensation?

Post-traumatic stress disorder can be a significant factor in personal injury claims. It is recognized as a valid medical condition that can impact an individual’s quality of life, which can influence the compensation awarded in a claim or lawsuit. Remember that the mental anguish and physical pain caused by the accident are as real and deserving of care and full and fair compensation as any physical injury sustained.

What Can Accident Survivors Do to Manage and Overcome PTSD?

Seeking professional help from a therapist experienced in trauma is an essential first step. Additionally, support groups and peer connections can offer invaluable understanding and companionship through the recovery process. Engaging in self-care practices, like regular exercise, a healthy diet, and mindfulness techniques, can also complement professional treatment, offering survivors additional tools for managing their symptoms.

Support and Resources for PTSD Survivors

It’s important for accident survivors grappling with PTSD to know they do not face their struggles alone. There are countless support groups and hotlines specifically dedicated to providing assistance to individuals navigating post-traumatic stress disorder after traumatic incidents or catastrophic injuries. Connecting with these community resources can offer the support and empathy that is often vital in healing.

Professional help should be sought through qualified therapists, psychologists, or psychiatrists specializing in trauma. Building a personal support network can further bolster one’s ability to cope with PTSD. Friends, family, and understanding colleagues can contribute immensely to a survivor’s recovery by offering non-judgmental support and compassionate listening.

Seeking Legal Aid for PTSD Supporting Personal Injury Claims

Legal representation is crucial for individuals suffering from post-traumatic stress disorder pursuing a personal injury settlement or lawsuit. A skilled personal injury lawyer has the expertise to present the case in the most impactful way, ensuring that both the physical and psychological toll of the accident are accurately reflected in the claim. Most jurors or insurance adjusters have never dealt with PTSD on a personal level and it is the lawyer’s job to try to help them to understand the daily ramifications of such a diagnosis. Lawyers can also aid in connecting survivors with the necessary resources to address their post-traumatic stress disorder, such as mental health professionals or support groups.

Conclusion

Understanding and addressing PTSD after a serious accident is a challenging but essential step to reclaiming one’s life. By learning about the condition, seeking professional help, and building a robust support network, survivors can gradually learn to manage and significantly dimmish their symptoms and move forward. PTSD should not be a life sentence. With patience, understanding, and the right tools, survivors can begin to heal and discover new strengths within themselves. The road to recovery may be long, but each step taken is a triumph over the trauma that once held them captive. It’s not about erasing the past but about empowering the present and shaping a future that’s defined by resilience and infinite possibilities.

If you or someone you know is struggling with PTSD after an accident, reaching out for support is the first step in a new, hopeful chapter. Your story is not over; it’s evolving, and you have the power to direct its course towards a brighter, healthier tomorrow.

Get help with your Indiana accident claim today. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial case evaluation with a veteran personal injury attorney in Indianapolis, Indiana. 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.

Compensation for Brain Injuries in Indiana: How Victims Can Seek Legal Remedy

Posted on March 12, 2024 by admin

Suffering a brain injury is a traumatic event that can have life-altering consequences. Whether incurred through medical malpractice, or due to another’s negligence, the impact of such an injury resonates not just through the individual affected, but also through their immediate circle of family and broader community.

For those in Indiana who find themselves facing this challenge, understanding the legal recourse available to them can be an invaluable step toward regaining control and securing their future. Today, dive into this blog post to learn more about the personal injury compensation process for brain injury victims in Indiana.

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Understanding Traumatic Brain Injuries

Brain injuries come in varied forms, each with its own spectrum of effects. Traumatic Brain Injuries (TBIs) result from sudden trauma, such as an auto collision, construction injury, fall or medical malpractice, causing damage ranging from mild concussions to severe and lasting cognitive impairment. The classification may include open or closed head injuries. Open head injuries result from a fractured skull or a foreign object penetrating the brain, they often lead to extensive damage in localized areas.

Closed head injuries occur when the head experiences a blunt force with no penetration, they may cause damage spread out across the brain and can be hard to diagnose initially. You can also sustain a closed head injury even without anything impacting the head, as the brain can strike the skull through force in, for example, an auto collision whose forces push and pull the brain into the front and rear of the skull.

The Extensive Impact of Severe Head Injuries

The consequences of a brain injury can transgress the physical and extend into the cognitive, emotional, and even behavioral domains. Victims may experience:

► Cognitive Impairment: Challenges with memory, reasoning, or attention span.

► Motor Skill Deficits: Physical coordination and dexterity may be significantly affected.

► Personality and Behavioral Changes: The injury can alter one’s emotional regulation and personality traits.

► Social Challenges: Patients may find it hard to maintain personal relationships and struggle with social cues and norms.

► Financial Burden: The costs associated with treatment, rehabilitation, and long-term care can be substantial and impose a heavy financial toll on the individual and their family.

Seeking Brain Injury Compensation in Indiana

Indiana’s legal system provides avenues for seeking compensation when a brain injury is caused by another’s negligence. Personal injury laws in the state are designed to protect individuals’ rights, ensuring they receive fair compensation for their injuries and damages. Victims of brain injuries may be eligible for compensation if their injury can be attributed to the following:

► Accidents: Including car accidents, slips and falls, workplace accidents, and recreational mishaps.

► Medical Malpractice: When a healthcare provider’s negligence leads to injury.

► Assaults and Battery: Intentional acts causing injury may be subject to legal action for compensation.

Time Limit for Filing a TBI Claim

It’s important to note that Indiana, like other states, imposes a time limit on filing personal injury claims. The statute of limitations for such claims is typically two years from the date of the injury, but can be as little as six months, so swift action is crucial to protecting one’s right to compensation.

Immediate Steps to Take After a Traumatic Brain Injury

In the immediate aftermath of a brain injury, several steps can help support both the medical treatment needed and the future legal case:

❶ Seek Medical Attention
Prompt medical care can save lives and mitigate the severity of the injury. Contact 911 at the scene of the accident, or as soon as you suspect that you have an injury. Precisely follow all doctors’ orders, as you might have more than one medical professional over-seeing your treatment.

❷ Hire an Accident Attorney
Your brain injury attorney will do most things for you with regard to your case. Down below, we will further discuss the critical role of an Indianapolis TBI lawyer and their importance to your personal injury claim.

❸ Gather Evidence
If possible, collecting information and evidence related to the incident, such as photos, witness statements, and medical records, can be valuable for a potential claim. Again, your attorney will help but, for example, if there is a witness to an auto collision you should get their contact information quickly so they can be contacted by your attorney. In addition, photographs taken by anyone at the scene of the collision are always important.

❹ Notify Relevant Parties
Informing responsible parties or property owners in writing about the incident can ensure a record is established. If you slip and fall somewhere and are injured, call an ambulance, get photos of what caused you to fall, fill out an incident report, try to obtain witness and employee contact data and more. All of this information is evidence and valuable to help your attorney in proving liability in your case.

❺ Keep Detailed Records
Document all costs and impacts of the injury, from medical bills to lost wages and beyond. Make sure you send all medical bills you receive to your attorney. If you have to hire someone to help take care of you, keep receipts.

The Role of Legal Representation

In navigating the complexities of the legal process, enlisting the aid of a knowledgeable and experienced brain injury attorney in Indianapolis is a game-changer. A legal professional specializing in head and TBI injury cases will:

☑ Assess the Viability of Your Claim: An attorney can determine if your case has legal merit and what compensation you may be entitled to.

☑ Negotiate with Insurance Providers: Legal representation can effectively deal with insurance companies to secure fair settlements.

☑ Obtain All Evidence Needed to Prove Your Case: A brain accident attorney will seek out the evidence (i.e. photos, videos, testimony, documents, etc.) needed to help prove your case to the defendant’s insurance company and if no settlement is reached, to a jury for a verdict.

☑ Leverage Litigation If Necessary: If an out-of-court settlement is not possible, an attorney will represent your interests in court.

Conclusion

When facing the daunting prospect of life with a brain injury, the path to recovery is not only about medical treatments and rehabilitation—it’s also about securing the financial means to support that recovery and your family. Indiana’s legal system offers a means for brain injury victims to seek just compensation, but it’s a process that is best undertaken with the support of legal experts.

For residents of Indiana coping with brain injuries, the message is clear: you are not alone, and there is recourse available. By staying informed, seeking professional legal representation, and taking decisive action, victims of brain injuries can assert their rights and move forward with confidence toward a more stable and secure future.

If you or a loved one is a recent head or brain injury victim, do not hesitate to seek the counsel of a qualified and experienced professional. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case consultation with a seasoned brain injury attorney in Indianapolis, Indiana. The support and expertise we offer can significantly impact the outcome of your case and your ability to rebuild your life. Unable to travel? No problem – we can hold meetings over the phone or via video conference. We can also make trips to your place of in-patient medical care or your home.

The Invisible Wounds: Life After a Brain Injury

Posted on October 20, 2023 by admin

Traumatic brain injuries (TBIs) are often called “invisible wounds” for their ability to deeply impact a person’s life while remaining unseen to the outside world. Like an iceberg lurking beneath the surface, the true depth and impact of these injuries often remain hidden, making them one of the most misunderstood and under-diagnosed conditions.

This blog post aims to shed light on the reality of living with a brain injury, the ongoing struggles faced by survivors, and how a brain injury lawyer can provide much-needed support and guidance during the recovery and legal process. Join us as we dive into the unseen world of traumatic brain injuries, and together, let’s give voice to the invisible wounds and those who suffer from them.

Call 317-881-2700 to Speak With a TBI Lawyer in Indianapolis Indiana

The Unseen Consequences of a Brain Injury

While many brain injuries are caused by significant events, such as car accidents, falls, or sports-related incidents, others can occur from everyday activities like a slip and fall or hitting your head on a cabinet. Despite their varying causes, the consequences of a TBI can be devastating and long-lasting. From physical impairments to cognitive challenges and emotional struggles, the impact of a brain injury can be far-reaching and often hidden from plain sight.

Physical Impairments

One of the most obvious consequences of a brain injury is physical impairment. Depending on the severity and location of the injury, individuals may experience motor function issues, such as balance problems, muscle weakness, vision issues or loss of coordination. These impairments can make it challenging to perform everyday tasks and can significantly impact a person’s independence and quality of life.

Cognitive Challenges

In addition to physical impairments, brain injuries can also cause cognitive challenges that affect memory, attention, and problem-solving abilities. This can make it difficult for individuals to plan, organize, or carry out tasks, leading to frustration and feelings of helplessness. These invisible wounds can also cause difficulties with communication, making it challenging to express thoughts and emotions effectively.

Emotional Struggles

The emotional impact of a brain injury is often overlooked but can be one of the most significant challenges faced by survivors. The changes in physical and cognitive abilities, coupled with the frustration and isolation that often accompany a brain injury, can lead to depression, anxiety, and other mental health issues. These invisible wounds can also cause changes in personality, making it difficult for loved ones to understand and adjust to the “new” person their loved one has become.

Life After Suffering a Traumatic Brain Injury

Living with a brain injury is a journey that involves adapting to new challenges and finding ways to navigate a changed world. This process can be overwhelming, frustrating, and at times, seem never-ending. Survivors may also face financial strains as they deal with medical expenses, loss of income, and ongoing rehabilitation costs. This is where a brain injury lawyer can provide much-needed support and guidance.

How a Brain Injury Lawyer Can Help

Navigating the legal system while dealing with a brain injury can be daunting. A brain injury lawyer can help survivors and their families by providing legal expertise, support, and compassion during these difficult times. They can assist with filing insurance claims, negotiating settlements, and seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. A brain injury lawyer understands the complexities of these cases and can advocate for the rights of survivors to ensure they receive the compensation they deserve.

Giving Voice to the Invisible Wounds

Brain and head injuries may be invisible, but their impact is real and should not be overlooked or underestimated. By raising awareness and understanding of these unseen wounds, we can support survivors in their journey to adapt, overcome challenges, and live fulfilling lives. If you or a loved one has experienced a brain injury, don’t suffer in silence.

Seek support and guidance from a brain injury lawyer who can help give voice to your invisible wounds and fight for the justice and compensation you deserve. Remember, you are not alone, and your unseen struggles are valid. Let’s continue to raise awareness, educate others, and break the stigma surrounding brain injuries.

Would you like to speak with an experienced personal injury litigator who is well-versed in head and brain injury claims? Well, you can without any upfront financial obligations! Just contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed brain injury lawyer in Indianapolis. We represent victims all throughout the state of Indiana, residents of other states injured in Indiana and Indiana residents injured in other states.

3 Primary Types of Cerebral Contusion in TBI Victims

Posted on October 28, 2022 by admin

Cerebral contusions are most commonly seen in people who have suffered a head injury in a car accident, a fall, or a sports-related injury. However, any type of impact to the head that causes the brain to bounce around inside the skull can result in a contusion. Even if the head is not struck or does not strike anything, a brain injury can occur. The severity of the injury depends on the force of the impact and the part of the brain that is affected. There are three primary kinds of brain contusions: coup, contrecoup, and coup-contrecoup.

In this blog, we will discuss these 3 cerebral contusions, plus offer advice on how to move forward after a loved one wrongly suffers a TBI in Indiana.

Brain Injury Attorneys Indianapolis Indiana 317-881-2700

Facts About Cerebral Contusions

A cerebral contusion is a form of traumatic brain injury (TBI) caused by a blunt force impact to the head. The resulting brain damage can lead to a wide range of symptoms that can last for days, weeks, months, years or can be permanent. Symptoms of a cerebral contusion may include headache, dizziness, nausea, vomiting, drowsiness, confusion, blurred vision, ringing in the ears, seizures, and sleepiness. In more severe cases, a contusion can lead to coma or even death. Treatment for a cerebral contusion typically includes a combination of rest, pain medication, and physical therapy. In some cases, surgery may be necessary to relieve pressure on the brain or to repair damaged blood vessels.

As mentioned, the most common types of cerebral contusions are coup contusions, contrecoup contusions, and coup-contrecoup contusions.

>Coup contusions occur when the force of the blow is transmitted directly to the brain, causing the contusion at the site of impact.

>Contrecoup contusions occur when the force of the blow is transmitted to the brain from the opposite side, causing a contusion on the side of the brain opposite the point of impact.

>Coup-contrecoup contusions are a combination of coup and contrecoup contusions occur when the force of the blow is transmitted to the brain from both sides.

If you or someone you know has suffered a head injury, it is important to seek medical attention immediately. A CT scan or MRI can be used to diagnose a cerebral contusion. Not all brain injuries show up on a CT or MRI scan. Treatment will vary depending on the severity of the injury, but may include rest, pain medication, and physical therapy. In some cases, surgery may be necessary. With prompt treatment, most people with a cerebral contusion make a full recovery.

TBI Injury Claims and Lawsuits

When someone suffers a traumatic brain injury, it can be a life-altering event. If the injury was caused by someone else’s negligence, the victim may be able to file a lawsuit to recover damages. There are a few things to keep in mind if you’re considering filing a TBI lawsuit. First, you’ll need to prove that the other party was at fault. Second, you’ll need to show that your injuries were caused by the accident. And third, you’ll need to prove that your injuries have resulted in damages. If you can meet all of these requirements, then you may have a case for filing a TBI lawsuit. But it’s important to consult with an experienced Indianapolis Indiana personal injury attorney who is well-versed in brain injury cases to get started.

Would you like to learn your eligibility for pursuing legal action against a wrongful party that caused you or your loved one to suffer a brain injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned brain injury lawyer 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.

How to Obtain Justice After a Loved One Suffers a Wrongful Brain Injury

Posted on July 8, 2022 by admin

Brain injuries are serious on all levels. Whether a minor concussion or a catastrophic TBI, a victim of a brain injury can experience severe ramifications, including a lengthy and arduous recovery and rehabilitation process, and potentially even lifelong disabilities or challenges. Brain injury victims are also known to endure mental and emotional difficulties during and after recovery, which can persist throughout their lives. These consequences can be life-changing, and even last a lifetime.

Needless to say, if your loved one was wrongly injured in an accident that caused them to suffer a brain injury, they deserve absolute justice, and so does your family. The best way to obtain justice after a loved one suffers a wrongful brain injury is to bring about a civil lawsuit against the at-fault party for the pursuit of financial compensation, if the insurance company for the at-fault person or company will not fully and fairly settle the claim.

Continue reading to learn more about Indiana brain injury claims, including how to get started on yours. With the help of a trusted and skilled personal injury law firm in Indianapolis.

TBI Accident Lawyers Indianapolis Indiana 317-881-2700

Traumatic Brain Injuries (TBI’s)

A traumatic brain injury (TBI) is a very serious and sometimes catastrophic injury. Although it is usually obvious when a person has suffered injury to the head, it is common for victims to not know or feel like they have a brain injury because such symptoms can appear days or weeks later and the injured person may not even notice the symptoms because their brain is not functioning normally and it is not until their loved ones tell them what they see going on before the symptoms can get addressed. One such phenomenon is brashly known as the “Talk-and-Die” syndrome, which happens when a person seems normal after an accident involving head trauma, even speaking and carrying on with their daily routines, but then dies a few days later from internal bleeding in the brain.

Common signs of brain trauma include unconsciousness, vomiting, dizziness, slurred speech, extreme fatigue, migraines/headaches, mental confusion, extreme mood changes, dilated pupils, bruising and difficulty walking. If you or a loved one ever experiences any type of concerning impact to the head or neck, it is important to seek immediate medical attention to ensure that the skull and brain were not damaged.

How to File a Brain Injury Claim in Indiana

If your loved one loses their mental capacity to manage their own legal and personal affairs due to their traumatic brain injury, you may petition for guardianship. Upon being granted guardianship by the court, you may pursue a brain injury claim against the at-fault party who caused your loved one’s catastrophic accident. If the brain injury is not that severe, the injured person may bring the claim themselves.

Here in Indiana, the law permits immediate family members to bring about a brain injury claim on behalf of their injured loved one. Immediate family members are considered to be lawful spouses, children, and dependents. If your loved one has passed away due to their traumatic brain injury, you may bring about a wrongful death claim on their behalf.

In order to file a brain injury claim in Indiana, it is critical that you retain professional legal counsel from a seasoned personal injury law firm that specializes in head and brain injury cases. With the help of an experienced brain injury lawyer, you may recover compensation for past, current, and future damages, such as hospital bills, medical expenses, loss of Social Security benefits, lost wages, loss of source of income, pain-and-suffering, mental anguish, loss of consorti u m, loss of companionship, reduced quality of life, and much more.

If you are ready to file a brain injury claim on behalf of your loved one, act fast. Under law, you only have 2 years from the date of the accident to do so and even less time if the at fault party is a governmental agency. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced brain injury attorney in Indianapolis, Indiana. We offer free initial case evaluations, over the phone, via video, or in person at our office. The sooner you call, the sooner we can start obtaining evidence critical to your case.

Common Damages Awarded for Traumatic Brain Injury Accidents

Posted on May 25, 2021 by admin

One of the most devastating and disastrous personal injuries a wrongly injured victim can suffer is a traumatic brain injury. Such injuries, also called TBI’s, are often life-threatening, but when they do not end up fatal, they can still leave a victim with long-term or permanent damage to the brain. Unfortunately, accidents that lead to severe brain damages are more prevalent than you can imagine. According to the US Centers for Disease Control and Prevention (CDC), more than 2 and half million people fall victim to a serious brain injury every single year.

If you are your immediate loved one was wrongfully injured in an accident that cause a traumatic brain injury, you are owed compensation for all of your damages and losses. Continue reading to learn what those might be, and how to find the right representation for a TBI accident claim in Indiana.

Indianapolis IN Brain Injury Lawyer 317-881-2700

Traumatic Brain Injuries (TBI’s)

A TBI is any type of serious injury to the brain. Often times, they are caused by a significant jolt or blunt force trauma. The most common causes for traumatic brain injuries are motor vehicle accidents, construction site accidents, slip and fall accidents, assault, pedestrian and cyclist accidents, and motorcycle accidents.

The resulting damages and effects of a traumatic brain injury vary on a wide spectrum. Such factors that influence the aftermath of a TBI include the type of injury, severity of injury, area of the brain injured, and much more. Some victims develop short-term symptoms, such as a mild concussion, while others live with symptoms and losses for the rest of their lives, such as motor skill issues.

Common short-term and immediate medical consequences of a TBI include migraines, headaches, dizziness, nausea, trouble focusing, blurred vision, and fatigue. Common long-term or life-long medical consequences often include permanent brain damage, loss of motor skills or control, behavioral changes or mood dysfunctions, and several other types of cognitive disorders.

Making a Traumatic Brain Injury Claim

Traumatic brain injuries do not just go away over time. The resulting damages from a TBI are usually life-long, and/or require extensive, on-going rehabilitation and treatment. For this reason, the law provides legal relief in the form of compensation for those who were injured by a negligent party and suffered serious brain damages as a result.

In order to learn your rights and eligibility for pursing legal action against the wrongful party who injured you or your loved one, you will need to find a skilled and experienced personal injury attorney in Indianapolis, Indiana. They have the knowledge and resources to recover the full and fair settlement or social security disability verdict you deserve.

Common Damages Awarded to TBI Victims:

▷ Hospital and Medical Bills
▷ Pain and Suffering
▷ Mental and Emotional Anguish
▷ Diminished Quality of Life
▷ Income Loss
▷ Loss of Ability to Perform Same Work Duties
▷ Loss of Ability to Work, Drive, Etc.

Wrongful Death After Brain Injury

In the case that your loved one lost their life as a result of a serious head or brain injury, an accident lawyer can navigate a wrongful death lawsuit so that you can obtain compensation for losses such as household bills, medical expenses, funeral arrangement expenses, burial expenses, lost wages, lost benefits, loss of consortium, and much more.

Have you or a loved one recently suffered a TBI in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned brain injury lawyer in Indianapolis, Indiana. Schedule a free initial case evaluation, today. We serve clients all throughout the state.

You Should Also Read:

What are Future Damages in a Wrongful Death Case?
Facts About Traumatic Brain Injuries and Accident Claims
What To Do After Sustaining a Serious Head Injury

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

How to Get Help With Your Minor Traumatic Brain Injury (MTBI) Claim

Posted on September 1, 2020 by admin

Although it might sound like a contradiction to call any form of brain injury minor, there is in fact a spectrum of severity among brain injury sufferers. In fact, many medical professionals refer to a standard scale to gauge the acuteness of a brain injury. If a brain injury results in certain lasting medical conditions, whether short or long term, it might be diagnosed as a minor traumatic brain injury, or MTBI.

If you are a recent victim of a negligent accident that caused you to suffer a minor traumatic brain injury, you need to consult with a legal team right away, well before the statute of limitations runs out on your claim. As a victim of an accident that was not your fault, nonetheless one that resulted in harm to your brain, you are entitled to full and fair compensation for your losses and damages.

Continue reading to learn how to get help with your minor traumatic brain injury, starting with a free consultation with a seasoned accident attorney.

Indiana Brain Injury Lawyers 317-881-2700

Minor Traumatic Brain Injuries

To be diagnosed with a minor traumatic brain injury MTBI, a brain injury victim must exhibit one or more of the following medical conditions must arise after their accident:

⇛ General Confusion and/or Disorientation

⇛ Amnesia Surrounding the Time of the Accident

⇛ Neurological or Neuropsychological Complications

⇛ Scoring 13 or More on the Glasgow Coma Scale (GCS)

*Glasgow Coma Scale (GCS) – A common scoring system used to define the level of consciousness in a traumatic brain injury patient.

Additional Symptoms of a MTBI:

⇒ Intermittent Dizziness
⇒ Short Term Memory Loss
⇒ Headaches
⇒ Blurred Vision
⇒ Temporary/Partial Blindness
⇒ Poor Concentration
⇒ Agitation/Irritability
⇒ Depression
⇒ Changes in Appetite
⇒ Changes in General Demeanor or Character

Brain Injuries and Newborns

It is possible for infants to suffer traumatic brain injury at birth. Common defects and disorders that arise from birthing injuries include Cerebral Palsy (CP), Erb Palsy (Often misspelled Erb’s), coma, paralysis, and consequent death.

How to Get Started on Your Brain Injury Claim

Regardless of where your minor traumatic brain injury scores, a brain injury is serious, and can have lasting negative effects on a victim’s life, and even their immediate family. And although remuneration can’t entirely dissolve the experience of physically, emotionally, and financially suffering, it can help you and your family get back to a way of life that was as close to the life you had before. Talk to a licensed personal injury lawyer to learn more about making a brain injury claim in Indianapolis, Indiana.

Indianapolis Accident Attorneys Who Will Win Your Brain Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or minor traumatic brain injury claim in Indianapolis, Indiana or anywhere throughout the State of Indiana. Our accomplished personal injury attorneys want to see you and your family prevail in and outside of the courtroom. This is why we use every resource in our power to ensure you receive the proper and on-going medical care and attention you need following a traumatic brain injury case, including neuropsychological and psychological testing outside of MRI’s and cat scans. 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.