Can I Sue the City after Being Injured in a Pothole Car Accident?

Posted on March 24, 2020 by admin

Potholes are a big problem this time of year in Indianapolis. As a result of the annual freeze-thaw cycles, porous pavements crack, crumble, and cave in come Spring. Seasonal pothole damage can lead to unsafe road conditions. Some potholes are so large or obtrusive, they can even cause car accidents. So, who is responsible for repairing city potholes on streets and highways? Furthermore, can victims of pothole car accidents sue the city after being seriously injured?

Continue reading to learn how city potholes are managed, and whether or not a car accident victim can file a lawsuit against the city for pothole repair neglect.

Indianapolis Motor Vehicle Accident Attorneys — Indiana Motor Vehicle Accident Attorneys

Pothole Repair for the City

Each district has a government entity responsible for maintaining the roads and walkways. However, there are some cases in which other parties are responsible for road construction repairs, and not a government entity. For this reason, it can be challenging determining who is liable for pothole damage in your town. Additionally, if it is a government entity in charge of pothole repair in the area you were in a car accident, suing them also poses quite the challenge.

Suing the Government for Personal Injury

Although government entities can be sued for personal injuries just like any other entity or person, the differences between the legal processes are substantial. There is a separate set of rules and guidelines to follow when pursuing a claim against a governmental division or body, and these stipulations are strict, unforgiving, and very demanding. Of course, the process of suing a regular person or entity isn’t simple either, however, compared to a governmental lawsuit, the difference in obligations are significant.

For instance, there is a stricter and shorter statute of limitations. In fact, all deadlines are shorter and firmly inflexible. These rules and requirements differ slightly from state to state, but are all equally stringent across the board. In common cases, the statute of limitations is much longer, usually 2 years, and sometimes more. But in government-related lawsuits, the time limit ranges between 30 days to a year. Some victims are not even released from medical care in this amount of time, which is why it is so vital to have a licensed Indianapolis car accident attorney handling your case from day one.

Although government entities can be sued, lawsuits are not always successful. Governmental entities are immune to many types of personal injury cases. They are exempt from the standard rules and guidelines that common society has to follow in such circumstances. This is just one more reason why a personal injury lawyer is so vital to a person’s case. There are so many complex details, differences, exceptions, rules, and more to know and follow in a government-related lawsuit, and a reputable attorney can help define them all.

Pursing Just Compensation After a Car Accident

No matter which type of lawsuit you wish to file, whether against a private driver or the city, it is necessary to hire a personal injury lawyer to recover the full and fair compensation you deserve for your car accident claim. Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your recent Indiana car accident injury claim, today. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

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

What To Do and Not To Do After a Car Accident

Posted on March 13, 2020 by admin

After being involved in a car accident that was not your fault, actions you take and decisions you make, can influence the total amount you receive in a personal injury settlement. For this reason, it is vital to know what to do and not to do after being involved in an auto accident caused by another driver. Continue reading for this information and more, as it can possibly make or break your car accident claim.

Indiana Car and Truck Accident Lawyers 317-881-2700

Insurance Companies are Not on Your Side

When you make a personal injury car accident claim, it is the at-fault party’s insurance company that will pay you your ultimate settlement or judgment if owed. However, insurance companies do not want to pay car accident victims. Their primary objective is to settle as quickly as possible for as little as possible, which is usually not a good thing for an accident victim.

Insurance companies will offer a paltry settlement and simply try to send a victim on their way. You see, within these insurance companies are hundreds of employees who work hard to argue that the value of your injury claim is low. They will use every resource in their power to reduce the settlement amount, which in turn increases their employer’s profits.

Fortunately, there are seasoned car accident attorneys out there who know the laws surrounding such claims inside and out, and can navigate through insurance adjuster tactics. They will provide cold-hard evidence to support a victim’s damages and losses and recover a full settlement.

What to Do After a Car Accident:

➀ Dial 911 and request police and paramedics for any injured persons.
➁ Tell the investigating officer how the accident happened.
➂ Seek medical attention at the scene and then at the hospital.
➃ Take several pictures and videos of the car and your surroundings.
➄ Contact a car accident injury lawyer to learn what your rights are.

What NOT to Do:

❌ Do not wait to get medical attention.

❌ Do not skip doctors’ appointments or treatments.

❌ Do not talk to insurance adjusters.

❌ Do not send out a demand letter.

❌ Do not sign a waiver or release-of-liability document or any other documents without talking with your attorney first.

❌ Do not accept cash for your damages and losses.

❌ Do not attempt to negotiate your claim yourself.

Talk to an Indianapolis Car Accident Personal Injury Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with a car accident injury claim in Indianapolis, Indiana. Our seasoned car accident lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury in a car accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

FAQS About Motorcycle Accident Personal Injury Claims

Posted on February 18, 2020 by admin

Motorcycle accidents are vastly different from car accidents. On a motorcycle, a rider is radically more exposed to their surroundings, and therefore, more vulnerable. In the case of a collision, a rider can be subjected to an extensive scope of possible injuries and subsequent damages. From abrasions, burns, and contusions, to orthopedic injuries, internal organ damage, permanent disabilities, and even death, the potential harm that a motorcycle accident victim can experience is quite serious at any end of the spectrum.

If you were recently injured on a motorcycle as a result of another driver’s negligence, you could be entitled to certain compensation for your resulting damages and losses, such as pain and suffering, medical bills, and even lost wages from missing work. All you need is some more knowledge about filing a personal injury claim for your motorcycle accident.

Continue reading to learn more about motorcycle accident personal injury claims by reviewing these frequently asked questions, below.

Indianapolis Motorcycle Accident Attorney 317-881-2700

How Long Do I Have to Make a Motorcycle Accident Claim?

Here in Indiana, most personal injury claims, including motorcycle accidents, have a 2 year-to-date statute of limitations, but the time period can be substantially less depending on who the defendant is. Claims against governmental entities have to be made very quickly. This means that most claimants have 24 months from the date of their accident to make a personal injury claim against the at-fault party. If the statute of limitation runs out, there may be an option to have it extended, but this is only under very specific circumstances. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more about this topic. To avoid running out of time, it is vital that you speak with a seasoned Indiana motorcycle accident lawyer as soon as you are capable, following your accident.

What if My Passenger Was Also Injured in the Motorcycle Accident?

If your passenger also suffered serious injuries in your motorcycle accident, they too would be entitled to compensation for their damages and losses, such as medical expenses and hospital bills. However, their claim would be entirely separate from yours, as they would hire their own lawyer to file their injury claim against the at-fault party. Depending on the facts of the case, Craven, Hoover & Blazek, P.C. may be able to represent both driver and passenger and it can be advantageous to both operator and passenger for this to occur.

Will I Have to Go to Court for a Motorcycle Accident Claim?

Most personal injury claims are settled out of court. Although a seasoned and skilled personal injury lawyer is always prepared to take a claim to trial, they’re objective is to settle out of court for a full and fair settlement. Talk to your trusted accident attorney for advice on the best course of action for your Indiana motorcycle accident claim.

How Much Does a Motorcycle Accident Lawyer Cost?

Law firms collect their fees in a variety of ways. It can depend on the type of case, the lawyer’s experience and more. Common payment arrangements used by law firms and lawyers include hourly rates, flat rates, retainers, and contingent fees. Contingent fees are the most common form of billing practice used by personal injury law firms and attorneys. This payment arrangement works by not charging clients any retainers or upfront fees, but by collecting a percentage of whatever monetary settlement they recover for their client. Each personal injury claim is complex and unique, so the percentage collected upon judgment by a lawyer will vary from case to case. Craven, Hoover & Blazek, P.C. works on a contingent fee basis for our injured clients.

Where Can I Get Legal Advice in Indianapolis for My Motorcycle Accident?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a personal injury claim after being hurt in a motorcycle accident in Indianapolis, Indiana or anywhere in Indiana. Our seasoned motorcycle accident lawyers offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

How to Make an Injury Claim Against a Drunk Driver

Posted on January 28, 2020 by admin

If you were injured in a car accident due to a drunk driver, there is a very high probability that you are entitled to compensation for your resulting damages and losses. In order to recover remuneration from an at-fault driver, you must make a personal injury claim with the drunk driver’s insurance company or the drunk driver themselves if they were uninsured. Moreover, if the drunk driver was uninsured, you can make a claim through the uninsured motorist provision of your own automobile insurance policy. In the unlikely event a settlement is not reached, a lawsuit can be filed and pursued.

Continue reading to learn how to get started on a car accident personal injury claim in Indiana, as well as, your options for suing a drunk driver.

Indianapolis Car Accident Attorneys 317-881-2700

Drunk Driving Accidents

The statistics for drunk driving accidents are alarming, regardless of which state the data is coming from. Drunk driving accidents are among the most common types of motor vehicle accidents in the country. In fact, read our blog, “Eye-Opening Drunk Driving Facts and Statistics” to learn just how startling these numbers are. Not only are drivers and passengers common victims, pedestrians, cyclists, skaters, and more are also injured by inebriated drivers.

Compensation for Damages and Losses

With such high statistical numbers, car accident injury claims are also quite common. They fall under tort law, which provides financial relief for those wrongly injured by another person as a result of carelessness, negligence, gross negligence, or recklessness. If you are injured in an accident because of someone else’s actions or inactions, you can make a claim against their insurance company to recover compensation for damages and losses. Such losses generally include hospital bills, medical expenses, lost wages from time off work, and non-economic damages like pain and suffering.

How to Make Your Car Accident Claim

Most of the time, a claim is made by the victim (claimant) against the drunk driver’s insurance company. If a person is killed by a drunk driver, their family or next of kin can make a wrongful death claim against the drunk driver’s insurance company. If the drunk driver’s insurance company will not settle the claim fairly, a lawsuit can be filed against the drunk driver and the drunk driver’s insurance company would have to pay the verdict received against the drunk driver, up to that driver’s automobile policy limits.

In order to make a claim against a drunk driver that has injured you in an accident, whether as a driver yourself, a passenger, or a pedestrian, your very first step is the most vital one; seek proper and thorough medical treatment. Once you are stable enough, your next step is also incredibly vital: contact an Indianapolis personal injury law firm to represent you in your claim. We have the knowledge, resources, experience, and skills to recover the full and fair compensation you deserve for your suffering and loses. Just be sure to choose the right personal injury law firm that can provide comprehensive and compassionate counsel.

Choose the Law Office of Craven, Hoover, and Blazek P.C.

Call us today at 317-881-2700 to discuss your Indiana car accident claim with a licensed accident attorney you can trust. Our licensed accident lawyers gather all relevant information needed for the case, go head to head with the insurance companies, handle all communication and negotiations with the opposing parties and will go to trial if the defendant’s insurance company will not make a full and fair settlement offer, all to obtain fair compensation for our injured clients. We want everyone to have a chance at justice following a serious accident caused by another’s negligence. This is why we operate on a contingency fee basis, meaning we never collect lawyer fees unless we win compensation for you.

Can I Sue Lyft or Uber for Getting into a Car Accident?

Posted on January 7, 2020 by admin

Do you know what kind of liability comes into play when you use a Lyft or Uber or similar ride-sharing app? What are your rights after being injured in a car accident while riding in a Lyft or Uber? Continue reading to learn more about car accident liability and ride-sharing companies, including what to do if you were recently hurt in a Lyft or Uber accident.

Indiana Car Accident Attorneys 317-881-2700

Ride Sharing Car Accidents and Claims

It is important to know your rights and responsibilities in the case that you are injured in a ridesharing accident. The best place to start is to speak with a licensed personal injury attorney who focuses on car accident claims, like Craven, Hoover & Blazek, P.C. They can offer you accurate information and professional advice. If you were recently injured in a rideshare accident, be sure to speak with an attorney as soon as possible, before the statutes of limitations runs out for making a claim and critical evidence is lost. You could be entitled to certain compensation for your damages and losses, such as hospital bills, medical expenses, lost wages, pain and suffering, and more.

Liability Facts

The first question that most people have in regard to Lyft and Uber car accidents is about liability. Is the driver responsible for damages and losses suffered by their passenger or is the actual company or corporation accountable or are they both? Is it possible for a passenger to be held liable for their own injuries suffered in a ride sharing accident? Although there are laws surrounding such liability, each case is unique, therefore, the answers to these particular questions are not always clear and concise.

In the case that a ride-share driver acts negligently and causes a car accident that results in their passengers being injured, the liability will likely fall onto the driver themselves. Since it is the driver’s personal vehicle, and they are using it to transport passengers for money, they are obligated to have proper insurance coverage for themselves and passengers. If a passenger is injured in a Lyft or Uber ride in particular, they are covered by Lyft’s and Uber’s liability coverage that is set at 1 million dollars. So, although the Lyft or Uber driver is likely liable for a victim’s damages and losses, passengers also have the right to make a claim against Lyft or Uber.

Ride-sharing accident claims can become quite complex in a short amount of time since both passengers and drivers have certain rights. For this reason, it is vital to retain professional legal representation from a trusted personal injury law firm. We can help navigate your claim and determine the best course of action for your particular case.

Indiana Car Accident Claim Lawyers Who Can Help

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a personal injury car accident claim in Indianapolis, Indiana after being hurt in a Lyft or Uber ride. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

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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.

Indiana Laws Regarding Car Accident Compensation

Posted on November 18, 2019 by admin

As a car accident victim, you are not expected to have a full understanding of the law, and therefore, your rights to being compensated for your damages. However, it is wise to take the initiative to acquire the proper legal resources and learn what you can regarding your recent accident and subsequent losses. You may be entitled to compensation under Indiana law as a car accident victim, or as an immediate family member of a car accident victim.

Continue reading to learn the basic Indiana laws surrounding car accidents and compensation, as well as, who to trust for superior personal injury legal guidance near you.

Indiana Car Accident Compensation

Statutes of Limitations

In every state, there are laws that govern how much time a victim has to make a claim against another party. This is known as statutes of limitations, and they are a vital aspect to your potential legal claim. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn the importance behind taking action in time.

As for car accidents, victims generally have 2 years from the date of the incident to make a claim for compensation against a standard party. If making a claim against a city, county or state defendant, victims have substantially less time to file what is called a “Tort Claims Notice”, which must be filed in a timely fashion or the victim cannot later file a lawsuit against that particular defendant. The shortest time period to file a Tort Claims Notice is 180 days so you should obtain an attorney as soon as possible.

Awarded Damages

Here in Indiana, the law gives victims the opportunity to recover both economic and non-economic damages. Economic damages include medical expenses, hospital bills, lost wages, and more. Non-economic damages include pain, suffering, permanent disfigurement, mental anguish, and loss of consortium, and more.

Where to Get Legal Advice for Car Accident Victims

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury car accident claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are ready, willing and able to recover the full and fair compensation you deserve after being injured in a car accident. We offer free initial consultations and never collect attorney fees unless we recover for you. We represent seriously injured people throughout the State of Indiana.

Most Common Injuries Caused By a Rear-End Car Accident

Posted on October 28, 2019 by admin

Car accident victims can experience a wide range of injuries, but certain kinds of motor vehicle accidents tend to render the same or similar types of injuries. This seems to be the case with rear-end car accidents, which are one of the most common types of car accidents in the country. Continue reading to learn what some of the most common types of rear-end car accident injuries, and what you can do to ensure you receive the full and fair settlement from the at-fault driver’s insurance company.

Car Accident Injuries

Although airbags, anti-lock brake systems, rear-view cameras, blind spot detection, and other motor vehicle safety systems are always being improved in the automotive design and manufacturing industry, they are not always enough to fully protect drivers and passengers from all car accident injuries. Injuries from car accidents range from minor, such as minor stiffness and body aches, to catastrophic, such as paraplegia and death.

Rear-End Car Accidents

When one car collides into the back bumper of another car, this is known as a rear-end car accident. These accidents often happen when a vehicle is tailing another, or driving too close and because the following driver is simply not paying attention. It also frequently occurs in situations in stop-and-go traffic and traffic jams, at stop lights and stop signs, and left-turn intersections. In such cases, the drivers and passengers inside the struck vehicle are the ones who tend to experience more serious injuries.

Front seat passengers are prone to blunt force impact on the steering wheel, dashboard, windows, and windshield. These impacts can cause injuries to the face, chest, neck, knees, and more. Passengers in the backseat of a vehicle that is rear-ended can also face a long list of injuries as a result of sudden forward and backward thrusting, and impact to the headrests, windows, front seats, or other objects inside a vehicle.

Common Car Accident Injuries

One of the most common rear-end car accident injuries is whiplash, which results from a person being thrust forward and thrown backward upon impact of the rear-ending vehicle. See our blog, “What You Should Know About Whiplash Personal Injury Claims” to learn more about the onset of injuries concerning whiplash. Another common injury from rear-end accidents are dermal burns. Airbags are triggered to deploy upon a rear-end impact, thus causing front-seat passengers to experience burns from the airbag propellant.

Additional Injuries Common With Rear-Ending Accidents:

☑ Airbag Burns
☑ Lethargy/Fatigue
☑ Stiffness and pain in Neck, Back, and Shoulders
☑ Body Aches and Pains
☑ Headaches and Migraines
☑ Orthopedic Injuries
☑ Spinal Injuries
☑ Concussions
☑ Head Injuries
☑ Brain Injuries

Onset of Injuries

Not everyone experiences symptoms of injuries immediately following a car accident. Sometimes symptoms do not appear for days, weeks, or months later. This is a medical phenomenon known as on-set of injury. See our blog, “Do Not Assume That You are Not Hurt After an Accident” to learn more. It is helpful to contact a personal injury lawyer to learn your rights to recovering damages after suffering losses following a car accident. They have the knowledge and experience to give you personalized advice for your unique case.

Were You Injured in a Rear-End Car Accident in Indiana?

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis car 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.

Top 5 Ways to Avoid a Serious Car Accident

Posted on October 11, 2019 by admin

Road safety is something that should be practiced and appreciated all year long. Now that summer is coming to a close, Hoosiers will soon be facing more inclement weather conditions, such as fog, wind, rain, snow, and ice. For this reason, now is the perfect time to review some of the most important road safety tips to better help you and those you love avoid serious car accidents.

Motor vehicle accidents can result in a wide range of injuries and damages, especially when they involve infants, young children, and elderly individuals. As we all know, some car accidents can even be fatal, which is why it is so important to remember driver and road safety at all times when operating a vehicle. Not only will this help protect yourself, it will also better protect passengers, pedestrians, and other drivers on the road.

Continue reading to learn the top 5 ways you and your loved ones can achieve this level of safety and assurance while driving.

Five Tips to Prevent Car Accidents

❶ Adhere to All Traffic Laws and Regulations

Not only should you obey all traffic rules, it is important to also adhere to all driving laws, including wearing seat-belts, maintaining an active and good-standing drivers’ license, license plates, automotive insurance, car lights and maintenance, tags, and more.

❷ Drive Sober and Clear-Headed

One of the most critical parts of road safety is to always drive sober. Never operate a vehicle after consuming drugs or alcohol; this includes OTC medications that can make you drowsy. In fact, an equally important rule is to never drive when sleepy. Fatigued driving is a top cause of serious car accidents, so be sure you are always rested and clear-headed before getting behind the wheel.

❸ Do Not Text and Drive

Never, under any circumstances, use your phone for texting while also operating a vehicle. Do not read emails nor text messages, and never attempt to text or send messages. Texting and driving is one of the current top causes for serious and fatal car accidents in the country. When you take your eyes off the road, even for a second, YOU ARE DRIVING BLIND. And the truth is, you do not have the right to drive a vehicle that weighs thousands of pounds without looking. Please educate other drivers about this vital safety rule.

❹ Never Follow Too Close

When operating a vehicle, always keep the appropriate distance between the car in front of you. One of the most common causes of rear end accidents, is following too closely. If the driver in front of you has to suddenly brake, you need enough time to notice and react, safely.

❺ Use Caution With Left Turns

Turning left, whether at an intersection or onto a street, can be dangerous if someone is not paying attention. Even if you have the right-away, be sure to always use extra caution when making a left turn. You never know when another driver decides to run a yellow or red light. Furthermore, be sure to only make a left turn if you are clear to do so.

Hurt in a Car Accident?

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a car accident injury claim in Indianapolis, Indiana. Our seasoned accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, can help you recover the full and fair compensation you deserve after suffering a serious injury in a car accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. We represent serious injured and wrongful death clients throughout the State of Indiana. Schedule your consultation before the statutes of limitations runs out on your claim.

Basics of Indiana Personal Injury Laws

Posted on October 4, 2019 by admin

When someone is injured in an accident through the fault of another person or entity, you would think they would naturally expect to be compensated for their damages and losses that result from the accident. However, many accident victims are hesitant to move forward with a personal injury lawsuit, or even hire an attorney at all.

Many are under the impression that they will heal quickly, while others feel a false sense of confidence that the defendant’s insurance company will treat them fairly. As a result, these kinds of victims fail to make a personal injury claim within their state’s statute of limitations, or at all for that matter, and consequently miss out on their rights to compensation.

This unfortunate situation mostly occurs due to lack of knowledge about the rules, deadlines and trusting a defendant’s insurance company. To be clear, a defendant’s insurance carrier does not owe any duties to a person injured through the conduct of their insured. They are a business, interested in making money like all businesses.

For these reasons, is vital for all personal injury victims to be properly informed of their legal rights to recovering compensation for their damages and losses following a serious injury or accident. The best course of action is to immediately consult with an experienced accident attorney who can give you the information you need regarding your unique case.

In the meantime, review some of the basic terms, statutes, and processes of Indiana personal injury laws for a better understanding of what to expect at your initial consultation with your lawyer.

Indiana Personal Injury Law Firm 317-881-2700

Personal Injury, Defined

A personal injury occurs when an innocent victim suffers damages and losses as a result of someone else’s negligence. A person, group, company, or organization can all be at-fault parties in a personal injury case. If found liable, at-fault parties are ordered to pay compensation for the victim’s damages and losses, such as hospital bills, medical expenses, pain and suffering, and more.

The at-fault parties insurance carriers then pay the verdicts against their insureds. Keep in mind that an injury can be physical, mental, or emotional. Common examples of personal injury cases include car accidents, medical malpractice, slip and falls, dog bites, workplace accidents, trucking accidents and wrongful deaths.

Statute of Limitations

Every state has a set time limit in which an injured person can bring about a claim, or file a lawsuit in civil court, against another party. Here in Indiana, the standard stature of limitations for personal injury lawsuits is two years. If a personal injury victim fails to pursue a claim within this time period, they lose their opportunity to do so, forever.

Additional Time Limits

If a personal injury victim is bringing about a claim against a municipal party, such as a city or county, they have only 180 days to file a tort claims notice. A timely “filed” tort claims notice is required before a lawsuit and claim may be filed against a city or county. If an injured victim is pursuing a personal injury claim against a state government agency, the tort claims notice filing period extends to 270 days from the date of the accident. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more. Again, because of the significant time limitations, you should immediately hire an attorney after your injury.

Comparative Fault Rule

Indiana uses the comparative fault rule, which divides the amount of fault among each person involved in an accident. In the situation that an injured victim is partly at-fault for the accident and their subsequent injuries, the law might apply the comparative fault legal principle and assign a percentage of liability to the injured victim. For example, if a pedestrian ignores pedestrian traffic signals, and is then hit by a driver who is intoxicated, both could be found to be at-fault. See our blog, “Who is Liable When a Driver Hits a Pedestrian?” to learn more.

Car Accident Claims

When it comes to car accident claims, Indiana is an “at-fault” state, which means injured car accident victims are allotted certain legal recourse to collect compensation for their damages. They may file a claim with their personal insurance carrier, file a claim with the other driver’s insurance carrier (known as a “third-party claim”), or file a lawsuit to seek damages. See our blog, “Auto Insurance Terms You Need to Know as a Car Accident Victim” to learn more.

How to Get Started on a Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are motivated to help you recover the full and fair compensation you deserve after being injured in a serious accident. We represent injured people throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement for you!