Recurrent Types of Commercial Trucker Safety Violations

Posted on September 13, 2022 by admin

Like any other driver on the road, commercial truck drivers are subject to being ticketed for traffic and safety violations. In more serious cases, commercial truckers are ordered to refrain from driving until such violations are addressed in accordance with local and state law.

It is important for law enforcement to hold industry truck drivers strictly accountable for violating safety protocols and regulations while operating a big rig or commercial truck because such trucks pose a higher level of threat to other vehicles, pedestrians, and properties; and not just due to their size, but also the quantity of momentum gained while operating at high speeds. Essentially, semi-trucks and similar commercial vehicles are like multi-ton missiles and tanks out on the road.

Continue below to learn more about the recurrent types of commercial trucker safety violations and better protect yourself from negligent trucker accidents.

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Commercial Motor Vehicle (CMV) Regulation in the United States:

Although it is fairly common for commercial truckers to violate important traffic and safety codes on the road, there are systems in place to abate and create awareness for trucking safety. For instance, the Indiana State Police has an entirely separate department that is solely responsible for commercial motor vehicle (CMV) law enforcement.

Additionally, the United States trucking industry in whole is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA performs routine inspections on all trucking companies and operators in the country, plus aggressively seeks grievances and criticism about truck safety issues in local communities and cities. They also maintain an active website that offers a National Consumer Complaint Database portal for submitting complaints about unsafe truck drivers in your area.

If you have observed unsafe commercial truckers in your community, you can report your concerns free of charge to the FMCSA database, or you may contact 911 if you see a reckless driver or unsafe truck on the road.

Common Commercial Trucker Safety Violations to Watch Out For

The most common causes for truck accidents involves driver-error. One of the most frequent mistakes trucking companies make is setting unrealistic or arduous deadlines, causing truck driver fatigue, speeding and other short-cuts. Another cause for truck driver accidents involves improper training. When a trucking company fails to properly train their truck drivers through a professional trucking course, it can lead to dangerous driver errors that jeopardize the safety of the drive themselves, as well as others around them. Inadequate truck inspections, unbalanced cargo, overloaded cargo, hazardous chemical leaks, and lack of safety maintenance are other common reasons why commercial truckers cause accidents.

More specifically, according to the Federal Motor Carrier Safety Administration (FMCSA), commercial truckers and trucking companies in the United States are most often cited for the following types of safety violations:

◈ Speeding or Swerving Through Lanes
◈ Tailgating Behind Other Vehicles
◈ Changing Lanes Incorrectly or Unsafely
◈ Making Improper or Illegal Turns
◈ Failing to Yield to the Right of Way
◈ Violating Railroad Grade Crossings
◈ Disobeying Traffic Lights and Signs
◈ Reckless or Careless Driving
◈ Using a Handheld Phone While Driving
◈ Driving While Impaired

Were you or a loved one seriously injured in an accident caused by a negligent commercial truck driver in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free personal injury case evaluation to discuss your truck accident in Indianapolis, today. We represent clients all throughout the state of Indiana.

Do I Need to File a Lawsuit After Being Hurt in an Accident?

Posted on September 6, 2022 by admin

After being injured in an accident by the carelessness of another, many victims are legally entitled to some degree of reimbursement or compensation for their losses. These losses include damages like lost wages, medical expenses, hospital bills, prolonged rehabilitation, mental trauma, pain, suffering, property damages, and more. In extreme cases where the wrong doer demonstrated egregious misconduct or caused such trauma that compensation is not a sufficient means of amends, punitive damages may also be awarded by a court or jury.

Although a victim of a negligent act or accident is truly a victim and should be compensated for their damages, pursuing a lawsuit for such restitution may not always be in the victim’s best interest. Most often, a personal injury lawsuit is the path wrongly injured victims should take, but in some instances, it may not be the best option for a number of reasons. For this reason, it is wise to consider whether a lawsuit is a worthwhile endeavor.

Continue reading to learn a few considerations that can help a personal injury victim decide if a lawsuit is the productive course of action to take after being hurt in an accident.

File Accident Lawsuit Indianapolis Indiana 317-881-2700 — Accident Lawsuit Lawyers Indianapolis Indiana 317-881-2700

Examining the Details of the Accident

After being injured in an accident at the expense of another person or entity, it is important to indicate three aspects of the incident. First, it is critical to consider the actual level of fault of the opposing party.

What was their role in the incident?

Did they have a legal duty of care to prevent such accidents from happening to the same class of people as the victim?

Would a reasonable person have foreseen the possibility of the accident happening?

Did they take reasonable action to prevent such accidents?

There is much more involved in determining fault in a personal injury case, but these are a few inquiries that come into play when assessing liability. Sometimes, it can seem like an accident was the other person or company’s fault, when in fact, they are cleared of such liability for several other reasons. If a person does not have a strong enough claim against an opposing party, or if the opposing party is not the majority at-fault, there may be no point to a personal injury lawsuit.

Comparative Fault Analysis

It is also important to consider the victim’s own liability in the accident. This is referred to as comparative fault analysis. According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.” So, one must ask themselves what was their level of fault might be? Could they have prevented their injuries? Should they have reasonably foreseen that such an accident could happen? Was what they were doing at the time of the incident reasonable?

For example, consider a winter blizzard. On a snowy and icy day, a young man visits a grocery store wearing roller skates. Although there are wet floor signs posted everywhere and the store attempted reasonable clean up, he ignores them and continues to skate his way through the store, eventually wiping out and injuring himself badly. Since a reasonable person would not wear roller skates to a grocery store in those conditions because they know that floors will be wet and slippery, and since the grocery store took reasonable action to try to clean and to post “wet floor” signs as a warning to customers, the level of fault might fall onto the man. In this case, the store would not be held liable or fully liable for his injuries. A personal injury lawsuit might be futile in this example.

Extent of Damages

And the third aspect to consider is the severity of the victim’s injury and the extent of damages incurred because of the accident. If the injury is not so serious that it caused the victim to suffer calculable financial losses like medical bills, lost wages, and loss of ability to work.

For instance, let’s say a person is wrongly rear-ended by another driver and the collision causes the airbag to deploy. As a result, the person who was rear-ended incurred minor airbag burns on their forearm but no other injuries. Because these burns are minor, they only required one doctor’s visit in which the physician orders the patient to use OTC topical ointment to soothe the burns as they heal. Because the accident did not cause them to suffer serious damages and losses, a personal injury lawsuit would be useless, although if a settlement were not reached with the at-fault party’s insurance carrier, a lawsuit in small claims court might be sufficient but again, the pros and cons of your time and effort in obtaining a small claims judgement would need to be weighed.

Had the car accident resulted in a head injury, orthopedic injury, or similar serious injuries that require extensive medical treatment and ongoing rehabilitation, the circumstance would change, and a personal injury claim and possible lawsuit would be worthwhile filing.

Prospect of Compensation

Aside from the three aspects of the accident, it is important to think about the possibility of compensation. Although a court can rule that a victim is owed compensation, the court is not the one to pay it, and neither is the government unless the claim was brought against the government. All compensation that is court- ordered to the victim or their families has to come from, in almost all cases, the defendant’s insurance company. If a defendant has no insurance, and has very little assets, income, or savings, there is little chance to get the compensation. They usually cannot pay a judgment if they could not afford to carry liability insurance. For this reason, pursuing a lawsuit is most often not worthwhile, but every case needs to be looked at individually.

Would you like to learn more about your opportunity to obtain compensation through an Indiana personal injury claim or lawsuit? C o ntact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana and Indiana residents injured in other states.

Did an Unnecessary Surgery Cause You to Suffer More Health Complications?

Posted on August 23, 2022 by admin

Surgery is meant to save lives and improve a patient’s overall health and well-being. But these intentions are futile when surgery is performed on a patient that was not necessarily in need of an operation or medical procedure. In these rare cases, patients and their families want to know if they can pursue any type of legal action against a hospital or medical practitioner for performing an unnecessary surgery that resulted in heighten, additional, or continued health complications.

Continue reading to learn important information about patients’ rights following unnecessary surgeries or medical procedures, including where to get trusted legal advice regarding your eligibility for compensation through a medical malpractice claim in Indiana.

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All Medical Operations and Treatments Pose Inherent Risks

All surgeries come with a certain degree of risk, causing some patients to suffer moderate to severe complications, such as organ damage, infections, hemorrhages, medication errors, anesthesia mistakes, improper stitching, cross-contamination, and more. Along with risk, surgery is also expected to be accompanied by a certain level of pain and discomfort, which is why it is important to rest as much as possible following an operation. With the potential risks and common outcomes associated with medical operations like surgery, patients want their procedures to be worthwhile in the end. So, what happens when a patient experiences similar after-effects for a surgery that was not even required?

Unethical Promotion of Unnecessary Surgeries

Unnecessary surgeries do take place, usually for operations like cesarean sections, hysterectomies, coronary bypass, pacemaker, implants, and more. These kinds of unnecessary surgeries commonly occur at doctor-owned outpatient medical centers, where physicians are not as scrutinized for their surgical undertakings. Many doctors have been known to “sell” their services, heavily promoting or even directly recommending various surgical procedures that are not essential to a patient’s health and well-being, thus costing their patients to suffer compensatory and non-compensatory damages, like pain, suffering, time, and money.

Such Procedures Are Not Always Medical Malpractice

Keep in mind that unnecessary surgeries do not always involve negligence, and therefore, are not medical malpractice cases. Most surgeries are performed based on true, accurate, and rightful professional medical research and recommendations. In such cases, even if the surgery was not necessary, it still wouldn’t be negligent.

A medical malpractice surgery be constituted if a doctor or surgeon acts negligently in some way, and/or a medical operation somehow causes long-term damage to the patient. These are very complicated cases, so it is strongly encouraged to speak with a licensed Indiana personal injury attorney regarding your medical malpractice lawsuit questions.

How to Get Started on Your Case

If you believe you were recently taken advantage of and/or misguided into agreeing on receiving a surgery that you didn’t actually need, contact a personal injury lawyer in Indianapolis right away. They have the knowledge, experience, and resources to accurately assess your case and determine if you were wrongly subjected to a surgery that was not needed.

You or your family could be legally entitled to compensation for your damages, including pain, suffering, medical expenses, hospital bills, lost wages, loss of companionship, prolonged rehabilitation, wrongful death, and much more. Trust a reputable Indiana accident attorney to guide you in the right direction toward a maximum settlement for you and your family.

Would you like to schedule a free, no-obligation case evaluation with a seasoned personal injury attorney who concentrates on such cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced medical malpractice lawyer in Indianapolis, Indiana. We offer free initial consultations 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.

Can I Settle My Personal Injury Case Through Arbitration?

Posted on August 15, 2022 by admin

When a personal injury claim is filed, the case doesn’t always end up in front of a jury. Many personal injury claims are negotiated out of court. When a personal injury case is settled out of court, negotiations usually take place between opposing parties, which may include an alternative dispute resolution process known as arbitration.

Continue reading to learn some important facts about personal injury arbitration, including which cases are more likely to be settled this way.

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Facts About Personal Injury Alternative Dispute Resolution

Both personal injury defendants and claimants can sometimes choose arbitration over going to trial, namely for reasons of time and money. Arbitration is faster, more efficient, and costs much less than a court trial. It is a streamline version of dispute resolution since it eliminates the formalities of court procedures, such as filing, court dates, motions, jury selection, and more. Court costs, attorney fees, filing fees, and time off work are all examples of associated, out-of-pocket costs claimants can face if they push for their case to go to trial.

What it Means to Agree to Arbitration

To be granted this type of alternative dispute resolution, both parties must agree to it in most circumstances. When two parties go to arbitration, together they select an impartial, unbiased party to arbitrate their dispute. This person is known as an arbitrator. The two parties agree beforehand that they will comply with the arbitrator’s award. Once the arbitration begins, a single hearing or a series of hearings are held to allow both parties to present their evidence and testimony. At the conclusion, the arbitrator renders a final decision. Sometimes arbitrations occur by panel decision, with three arbitrators deciding the case.

Be Aware of Arbitration Clauses

Some contracts between parties retain an arbitration clause that mandates mediation over trial in the event of a breach of contract or a disagreement about the terms of a contract. In this scenario, both parties would have no other choice but to go to arbitration to resolve the case. This avoids high court costs and trial fees and makes the process much quicker.

In some personal injury cases, insurance companies use this clause because they think they are more likely to have a sympathetic arbitrator than a sympathetic jury. Arbitration clauses are near impossible to escape because they are in most cases valid and legally-binding. In some cases companies will abandon their arbitration clauses, while in other cases, courts can hold that they are not enforceable. Every case is different.

Are you wondering how to get started on the right path toward obtaining the full and fair settlement you deserve after being wrongfully injured in an accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state and Indiana residents injured in other states. There is no need to travel, as we are happy to hold case evaluations via phone or online video conference.

Information About Personal Injury Structured Settlements

Posted on August 12, 2022 by admin

When you are in the middle of a personal injury lawsuit, your mind is in constant motion with questions about all the possible outcomes of your case. Although you might have an experienced personal injury lawyer on your side who is fighting for your rights to compensation, it can be tough putting your mind at ease until the case is completely settled.

Many people are worried about their settlements and wonder how they will receive their payment in the end. Questions like, “Will I get all my money at once?” and “Is it possible that my compensation will be awarded as a structured payment?” are all common concerns by most personal injury plaintiffs.

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The Benefits of Structured Accident Settlements

A structured settlement is an agreed periodic payment plan in which the recipient receives a set amount of money over a specified period. Structured payments are a fairly common method of dispersing personal injury settlements and verdicts. Whether a structured settlement is a good result or a bad one really hangs on the recipient. There are both advantages and disadvantages of structured payments, depending on personal perspective.

The number one benefit of a structured settlement is that you usually receive more money overall. In a lump sum payment, the amount is usually negotiated lower. Another major benefit is personal financial management. When a large sum of money is paid out overtime, it is typically easier to manage your finances, pay bills, save money, and maintain a positive financial portfolio. It may be especially beneficial in terms of tax liabilities as well.

Additional Advantages of Structured Payments:

☑ Simpler Tax Planning
☑ Possible Income Tax Advantages
☑ Additional Annual Income
☑ Broader Subsidy Opportunities
☑ Budget Protection

Disadvantages of Personal Injury Structured Settlements

One of the common downfalls to structure pay is limitation. For those consider themselves financially savvy, not receiving your full compensation can be a huge restriction since you cannot use the money to make any lucrative investments. In other cases, a personal injury victim has already paid all of their hospital bills, medical expenses, and other related expenses, out of pocket. They have also already incurred lost wages from work. So, by not receiving a full payment can be frustrating since victims in this type of situation is simply trying to put the money back where it was before their accident.

Timeline for Receiving a Structured Settlement

If you win your claim and an insurance company agrees to give you a structured settlement, you will not be given a paycheck right away. Instead, you will be paid a set amount over a set period of time. The terms of structured settlement agreements vary from case to case, and payment amounts, and schedules can be set in many different ways. These payments generally begin as soon as all the paperwork is processed; however, this time period can vary, and sometimes can take up to one year to begin receiving payments.

Lastly, a settlement can also be a portion paid out up front in cash and a portion in a structured settlement.

Are you looking for a seasoned personal injury law firm to obtain the maximum settlement for your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. You can speak directly with a trusted and experienced Indianapolis personal injury lawyer over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

Tips for Documenting Your Personal Injury Expenses

Posted on August 9, 2022 by admin

There are many elements involved in pursuing a personal injury claim, but the most important one is proof of damages. Not only do personal injury claimants hold the burden of proving more likely than not that the opposing party was negligent, but they also must prove more likely than not their damages and losses. After all, if a personal injury plaintiff cannot show how much their accident and subsequent losses have cost them, they cannot possibly win their claim, let alone obtain a fair settlement or verdict.

The best method for ensuring that all personal injury expenses are collected, organized, and preserved for the sake of proving a claim is documentation. Continue below to learn some critical tips for keeping track of your personal injury costs, plus how to find trusted and experienced personal injury representation near you.

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Personal Injury Record Keeping

In order to guarantee good organization of your personal injury expenses, it is important to record them right away. Your records should be gathered and preserved with care so that they can easily be handed over to your Indiana accident attorney and aptly applied to your case. It is important to keep a list of all medical providers so you can provide that list to your attorney so they can make sure all medical records and medical bills have been obtained.

Medical Treatment

After being involved in a wrongful accident, it is necessary to begin the record-keeping almost immediately, starting with medical care. You have a few options depending on the circumstances of your accident. You will need to either seek treatment at the scene by EMT’s, have an ambulance or someone else take you to the emergency room, or make an appointment with your doctor.

In all cases, it is critical to see a doctor or medical professional as soon as possible after noticing signs of injury. Although nobody wants to go to a doctor, it is important to make sure nothing is being missed when it comes to your health. Keep all records and paperwork you receive from your medical treatment, including all bills and invoices and provide them to your attorney.

Lists

Before and after seeking medical treatment, it is strongly encouraged for personal injury victims to keep a list about their accident, injuries, expenses, missed events [work, vacation, etc…]

Additional Document Requests

In addition to requesting and retaining copies of your medical records, receipts, and billing invoices, it is also important that you and your attorney obtain a copy of the police report for your accident. Making a police report at the scene of an accident is important for many reasons, whether the law mandates it for your incident or not. This is especially true for car accidents that result in bodily injury. In such cases, injuries may not appear until days or weeks later. These are known as late-appearing car accident injuries or an onset of symptoms. If you are employed, it is necessary to retain copies of past paystubs, plus proof of missed wages from time off work.

Are you unsure what to do after your recent accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled Indianapolis IN personal injury lawyer. We represent injured persons throughout the state and Indiana residents injured in other states.

Do I Have a Valid Medical Malpractice Claim?

Posted on August 2, 2022 by admin

Medical malpractice claims are among the most complex cases in the civil litigation field. As a suspected victim of medical negligence, it is important to educate yourself on your rights as a wrongly fully injured victim, and to determine the strength of your case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more.

Continue reading to learn what you want to know about medical malpractice claims and lawsuits, including how to get started on your case for free.

Medical Malpractice Lawyers Indianapolis Indiana 317-881-2700

Brief Explanation of Medical Malpractice

If a health care professional or facility is negligent and makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, but the plaintiff must also be able to present sufficient evidence that proves these elements.

Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:

➀ The presence of a doctor-patient relationship;

➁ The delivery of treatment that failed to meet the medical standard of care;

➂ A relation between the negligent medical treatment and the injury incurred by the patient;

➃ Economic damages and losses sustained as a result of the injury incurred by the patient.

Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly trained health care professional in the same medical community as the defendant would provide.

Hire a Personal Injury Attorney to Recover a Full Settlement

Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, inability to work and more.

To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An experienced Indianapolis medical malpractice lawyer can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records, and much more, are all in place to argue your case. Just be sure to choose a personal injury law firm in Indiana with a strong reputation for success.

Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

Will My Personal Injury Claim Take a Long Time?

Posted on July 25, 2022 by admin

There are various factors that influence the total timeline of a personal injury case. Some cases may take only a few weeks or months, while others might take two years or more if a person sustains substantial and on-going injuries and problems. Consult with an experienced accident attorney to understand the elements of your case and the predicted length of time it will take.

For now, continue below to learn more about how long personal injury claims take and where to get trusted legal advice surrounding your accident case concerns.

Injury Attorneys Indianapolis Indiana 317-881-2700

Complex Personal Injury Cases Take Longer to Settle

You can roughly get a feel for the amount of time it will likely take for your claim to settle by the complexity of the case. The more complex the case, the more difficult it will be to adjudicate, which delays the settlement phase even longer. This is especially true for cases that go to trial.

Certain Liable Parties Can Attempt to Delay a Personal Injury Case

Another factor that can extend the timeline of a personal injury case is the type of liable party, or parties. If the liable party, or defendant, is a company, corporation, or government entity, or if there are multiple liable parties (defendants) in a case, the process can take longer.

Proving Negligence and Extent of Damages Can Take Time

As a claimant in a personal injury case, you hold the burden of proving that the opposing party is at fault for your accident and subsequent damages. Your Indiana personal injury lawyer will document a strong and impactful case to prove that the opposing party breached their duty of care, or was otherwise negligent, and as a direct result, caused your accident and damages. In addition to proving negligence, your team will need to prove your damages to support reasonable compensation.

To gather all the relevant evidence needed to prove your case, your lawyer may need to hire expert witnesses, forensic specialists, accounting experts, and accident reconstruction services, or prepare witnesses, including yourself. These needs add to the overall time it takes to reach a settlement or verdict.

How Long Care is Needed

The longer an injured person needs to obtain treatments, the longer it will take the case to resolve. This is because it takes some time for doctors to determine if a person’s injuries are permanent or not. If an injured person’s injuries are permanent and will last a lifetime, then obviously that would need to be taken into account when attempting to determine a full and fair settlement value for the case.

Insurance Companies Might Require Legal Representation

In some cases, insurance companies require claimants to acquire legal representation for their claim. If the claimant is hospitalized or comatose for several weeks after a catastrophic accident, they are not capable of retaining a lawyer for the purpose of pursing an injury claim. This scenario would increase the expected timeline of the case.

Refusing to Accept a Settlement Offer Will Extend Negotiations

It is important to trust your personal injury lawyer with their evaluation of your case. If you refuse every settlement offer you get, you can expect the process to take longer. You can feel confident in accepting an offer that your attorney agrees is full and fair and the attorney should explain to you why they believe the offer is fair. If an offer is not fair, your attorney should also explain to you why that is their opinion.

The best way to avoid extending the timeline of an injury claim is to hire the right attorney to represent your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

Common Methods of Discovery in a Personal Injury Case

Posted on July 19, 2022 by admin

Personal injury cases require the collection of information and evidence, regardless of which side you are on. The process of obtaining and reviewing such information in a personal injury case is known as discovery. Continue below to learn which options personal injury parties might have in the discovery process, plus where to get the best advice regarding your recent accident or injury in Indiana.

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The Personal Injury Discovery Process

After a personal injury complaint and answer is filed with the court, the discovery phase can begin. The discovery process generally takes usually anywhere from 6 to 12 months, but this can vary depending on various factors, such as the current traffic of the court, the amount of investigation required, court delays, rescheduled court dates, and so forth.

During this phase, both the legal teams for both the claimant (party making the claim) and the defendant (the party being sued) will exchange all evidence with one another, including witness information. They will also go before the proceeding judge to let them know how the case is proceeding. Also in the presence of the judge, they will either decide on mediation, which is normally ordered by the judge, and they will move forward with the lawsuit by setting a trial date.

Common Options For Discovery

There are different methods used by the court system to obtain personal injury case information. The two most common methods are depositions and interrogatories and physical exams, Requests for Production, Requests for Admission, and Subpoena Duces Tecum are other methods used to investigate and research all legal claims and defenses.

Depositions

Depositions are formal, recorded interviews conducted under oath and used to learn what a person knows pertaining to the case in question, and as evidence for later use during the trial. Depositions can take anywhere from 30 minutes to 1 hour, but in larger cases it may take several hours and even a day or two to reach completion.

Interrogatories

Interrogatories are a little different but are used for much of the same purpose. Rather than a formal interview in person, interrogatories are a set of written questions that each party sends to the other. Each party must fill out the entire list in writing, under oath, and within a limited period of time (usually between 20 and 40 days depending on the state). Although they are not always phrased in the form of questions, interrogatories always pertain to specific factors surrounding the case, such as reckless driving, distracted driving, and intoxicated driving. Since it is common for both parties to have different versions of what happened in an accident, they are designed specifically to get both sides of the story so that each party can prepare their case before trial.

Physical Exams

It is very common for the defense to request that the claimant be physically examined by a licensed medical practitioner chosen by the defense to verify and confirm the extent of their injuries. Judges almost always grant these requests. Although these examiners are obviously biased since they are hand-picked and paid for by the defendant’s insurance carrier, the witness can be cross-examined at trial on any testimony and opinions.

Requests for Production

A Request for Production is a motion that asks the opposing party for specific types of evidence or information that they are in possession or control of. This might include medical records and reports that detail the extent of injuries to the claimant, invoices or documents evidencing lost wages, photos of the scene or injuries, fuel receipts, and similar documents that prove or disprove allegations or statements made by either side.

Requests for Admission

A Requests for Admission is when one party asks the other to either deny or confirm facts. It is basically asking for them to admit to certain statements for the purpose of streamlining the case process. It allows the court and jury to focus on the necessary points of the case.

Subpoena Duces Tecum

A Subpoena Duces Tecum is a special type of subpoena used in cases. They are very similar to Requests for Production in that they ask someone to disclose evidence or information pertaining to the case. But while Requests for Production are reserved for claimants and defendants, a Subpoena Duces Tecum can be applied to expert witnesses, doctors, and other case-relevant entities who are called nonparties.

Are you a Hoosier who is looking for trusted and qualified advice regarding your rights to pursuing compensation for a wrongful accident you were recently injured in? C o ntact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury e v aluation to explore your eligibility, today. We represent clients all throughout the state of Indiana.

Frequently Asked Questions About Swimming Pool Accident Claims

Posted on July 15, 2022 by admin

According to recent US Census Bureau and CDC statistics, the United States has an average of 10.4 million residential swimming pools. These stats also report that 17.12% of Americans between 18 and 29 years old owns a pool or hot tub. When you apply the math to the purported 128.58 million households in the country, a little more than 8% have a swimming pool. Furthermore, the U.S. Bureau of Labor Statistics and the CDC report that swimming is the 5^th most popular pastime here in the states, but number one among 36 percent of children between the ages of 7 and 17 years old.

These numbers set the tone for the importance of public and residential swimming pool safety. If you are considering a swimming pool addition to your property or have recently fallen victim to a negligent pool accident, it is wise to educate yourself on some helpful facts concerning pool liability.

Continue reading to review some frequently asked questions about swimming pool accident liability and related injury or wrongful death claims.

Pool Accident Lawyers Indianapolis Indiana 317-881-2700

Summertime Swimming Pool Liability

Indiana summers get hot and humid. This time of year, our public and private pools provide us with a refreshing reprieve from the strong, seasonal sun. But with this privilege comes a great deal of responsibility. Even hot tubs and spas can pose certain risks if the proper precautions are not taken. Drownings, concussions, orthopedic injuries, and chemical exposure are all common swimming pool accidents and injuries.

But when someone is injured or killed in a swimming pool accident, who is liable? The municipality? The residential property owners? The property management company? The landlord? With so many possible responsible parties, the answer to this common question can be confusing.

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

Sadly, swimming pool accidents are common in the United States. Because there are so many pools and pool accidents, there are dedicated injury laws specifically regarding pools. To make matters more complicated, these laws are different for public pools and private pools, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, for instance, pools must be at least 10 feet away from any other building or house and must remain in the side or back yard of a private residence.

Before diving into assigning fault in a swimming pool accident, you must determine which set of laws apply to your case. Talk to a licensed personal injury lawyer in Indiana to learn everything you need to know about obtaining legal justice after a swimming pool accident or injury.

The general rule of thumb, although it varies from case to case, is that the owner of the pool is responsible for compensating a victim for their injuries, but only if the owner was negligent and their negligence was a direct cause of the accident and subsequent injuries. Thus, it is vitally important for pool owners to carry home owner’s liability insurance so if they did happen to be negligent, their insurance carrier will pay for any settlement or judgment against them. Again, these cases can be complex, which is why you should always consult with an experienced Indiana accident attorney for personalized advice and guidance.

Are Swimming Pools Considered an Attractive Nuisance?

If something is so enticing to a child that it motivates them to enter onto another person’s property, it can be considered an attractive nuisance. Swimming pools and hot tubs are perfect examples. Under modern law, property owners have legal responsibility (or duty of care) to keep a safe premises in the case of trespassing children or minors. This is called the attractive nuisance ordinance and is an exception to premise liability law.

If you have heard about attractive nuisance laws regarding swimming pools, then you may wonder what they really entail. Basically, if your pool is visible to the public and has features that attract trespassers, it could be a liability. This includes easy-access, public view, water slides, and more. To protect your pool from becoming an attractive nuisance, start by installing a fence and consider a pool cover.

Can Liability Waivers Be Enforced After a Hotel or Public Pool Accident?

Fault plays the largest role in determining who is liable for a pool accident at a hotel or public civic center. The only way to know the answer to this question is to contact an experienced Indianapolis IN personal injury attorney and schedule a free consultation to discuss your case. They will investigate the details of the waiver, as well as the accident, and determine what can be done and what can’t be done.

Were you or a loved one wrongfully injured in a swimming pool accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.