Legal Facts About Shopping-Related Personal Injury Claims

Posted on May 17, 2022 by admin

When you plan an afternoon out to run errands or go shopping, you don’t usually portend any sort of danger. However, among all the personal injury claims made in the United States, shopping-related injuries are one of the most common. Accidents like slip and falls or orthopedic injuries are common shopping injuries that occur at a store due to store owner negligence. If you were recently injured on a shopping trip, it is important for you to understand the law so that you may best protect your rights to being compensated for your damages.

Continue reading to learn what you need to know about shopping- how to get started on learning your eligibility for pursuing legal action against a negligent property or store owner.

Store Accident Injury Lawyers Indianapolis IN 317-881-2700

Shopping Injuries and Accident Claims

Going over budget is not the only risk shoppers take when they visit a store. Shopping accidents are a common occurrence, and they happen under all sorts of different circumstances. In the case that a store owner was negligent by not taking the proper actions to maintain a safe premises or warn consumers of any potential hazards, an injured shopper could make an accident claim against them. Shoppers are not the only ones granted this civil right; workers, staff, and guests are also protected against such negligence.

Types of Shopping-Related Injuries

Shopping-related injuries describes a broad range of personal injuries that take place in a retail establishment, such as a mall or department store. These types of accidents increase in frequency during high shopping seasons, like Black Friday, Christmas, Labor Day sales events, and Memorial Day weekend sales.

One of the most common types of shopping-related personal injury accidents is slipping. Slip and fall accidents can cause serious muscular and orthopedic injuries, both of which can have long-lasting consequences. Neck, shoulder, hip, knee, and back injuries are common traumas suffered in a slip and fall accident, while more serious injuries include spinal injuries, head injuries, and broken bones. In the most serious of cases, shopping injuries can lead to wrongful deaths.

Slip, trip, and fall accidents are not the only type of shopping related accidents seen across the country. Additional types of shopping related injuries include crushing or blunt force trauma caused by a heavy falling/tipping object, or even trampling accidents caused by overcrowding. Shoppers are often injured in parking lot accidents as well due to poor lot design, poor lighting conditions, negligent maintenance, and failure to remove snow and ice.

Liability for Shopping Injuries to Consumers

So, when is a store owner responsible for a shopping accident that causes injury? The basis of all personal injury claims is proving negligence. Under premises liability law, a store owner has a legal duty of care to ensure that their premises is reasonably safe and free of any relatively foreseeable hazards. If a store owner fails to uphold this duty by not taking the proper actions to keep their premises safe or neglects to warn shoppers of a possible on-site hazard, they can be held accountable for the victim’s damages and losses.

To be successful in a personal injury claim, an injured shopper and their legal team would need to prove that:

▷ The store owner was (or should have been) aware of the hazardous condition.

▷ The store owner failed to provide routine inspections and maintenance on the premises.

▷ The shopper would not have been injured had the premises been free of hazardous conditions.

▷ The injuries suffered by the shopper were caused by the dangerous condition.

▷ The shopper suffered damages because of the accident.

Also, you should note that an entity leasing the property, as well as companies hired to manage and maintain the property can also be potential defendants in a slip and fall case.

Your Next Step as a Shopping Accident Victim in Indiana

It is important to retain professional legal counsel right after an accident has taken place. You could be entitled to compensation for your medical expenses, hospital bills, pain and suffering, lost paychecks from time off work, and much more. Be sure to choose a skilled personal injury law firm in Indiana for trusted legal advice regarding your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your shopping accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with an experienced premises liability personal injury attorney in Indianapolis, Indiana. We represent clients throughout the state and can hold meetings via phone, internet, or in person.

Key Legal Considerations for Parents of Children With Food Allergies

Posted on May 13, 2022 by admin

May is National Asthma and Allergy Awareness Month, and the 2^nd week of May is Food Allergy Awareness Week.

Parents with children who suffer from food allergies maintain a strict awareness of food allergy dangers every day of every month, living with the keen understanding of what it takes to protect their kids from serious reactions and anaphylactic shock. This month is a dedicated time to review the important facts surrounding the potential legal concerns that might result from your child having an attack, and to share your knowledge with friends, family members, caretakers, teachers, coaches, and more.

Continue below to learn more about Food Allergy Awareness Month, including some key legal considerations you should explore or prepare for if your child has serious or life-threatening food allergies.

Asthma and Food Allergy Awareness Month is celebrated in May.

Food Allergy Awareness and National Asthma and Allergy Awareness Month

We can give thanks to the Asthma and Allergy Foundation of America (AAFA) for declaring May as the National awareness month for both asthma and allergies. Their food allergy division, Kids With Food Allergies (KFA), reports that more than 6 million children suffer from food allergies, the most common allergens being peanuts, tree nuts, shellfish, fish, milk, eggs, wheat (gluten), sesame, and soy.

Parents Raising Children With Food Allergies

When your child suffers from serious or life-threatening food allergies, the concern for potential accidents never goes away. But with avid education, you can help your kid as well as their teachers, coaches, daycare staffers, and family better monitor and abate the risk of reaction when you are not around. However, accidents happen, and when they do, parents of children with food allergies may face certain legal matters.

Kids With Nut Allergies

Parents who have kids with nut allergies can protect themselves from a legal battle with schools or daycare centers by implementing risk-abatement strategies and routines. It is important to routinely remind the school, daycare, or activity center of your child’s food allergy, plus ensure they have a fixed anaphylaxis care plan in place and an EpiPen always available if something happens. It is recommended to review their allergy management policy with them to fill in any inadequacies.

Suing for Negligence in a Food Allergy Lawsuit

When a child suffers a serious allergic reaction to a food allergy, many parents want to know if they can sue the presumed responsible party. When it comes to food labels, the Food Allergen and Consumer Protection Act of 2004 mandates that all food manufacturers clearly label their products with a warning if they contain a major food allergen, like nuts or shellfish. Restaurants are typically good at scripting their menu items and warning if a food contains a major food allergen. But if a restaurant or food manufacturing company fails to uphold that duty of care, they could be held liable for the damages and losses suffered as a result of a serious or fatal allergic reaction.

In 2008, the legal definition of disability was broadened to include those who suffer from serious food allergies. Thanks to the Americans with Disabilities Act (ADA), discrimination against disabled individuals is illegal. If a school, daycare, or activity center refuses to accommodate or disregards your child’s food allergies, they could be in violation of this Act, thus subjecting them to civil litigation.

Was your child serious injured after experiencing a severe allergic reaction at the hands of another caregiver or authority? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned child injury attorney in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

Who is Liable for Construction Defects That Cause Personal Injury Accidents?

Posted on May 10, 2022 by admin

Springtime is the prime time of year to break ground on construction projects. Builders, engineers, architects, and contractors are all working to get their plans in motion now that the weather is warmer. Such professionals are trained in their industry and required by law to maintain certain certifications and licensing, but that does not mean they do not make mistakes, sometimes very serious and deadly mistakes.

Construction defects are a common cause of serious, injurious accidents across the nation. But when someone gets hurt because of a construction defect, who would be held legally liable for their damages?

Construction Defect Lawyer Indianapolis Indiana 317-881-2700

Legal Liability for Flawed Construction

Construction defects typically happen in the design phase of the construction process or in the actual building phase of the construction process. The state of the construction process plays an important role in determining who is legally liable for accidents that occur as a result of a design or construction defect. When flaws and defects occur during the design phase, the architect or engineer would be deemed responsible. Contractors and subcontractors are usually liable for defects that occur more during the building and construction phase.

Because construction defects can take place before ever breaking ground AND well after a project has been completed, accidents can injure multiple types of victims, from construction workers and laborers to future visitors or occupants of the building, pedestrians, interior designers, and more.

How Construction Project Contracts Can Affect Liability for Defects

The two major legal concepts in a construction defect liability case are contracts and indemnification. A single construction project can involve a stack of contractual agreements, all of which are legally binding to whoever signs them. For instance, the building owner might have a contract with the architect, who in turn has one with the engineer. The building owner may also have a contract with the general contractor, who might have contracts with subcontractors.

When it comes to applying the law in a construction defect case, the provisions of such contracts will have the most impact on outcome. The details of each contractual agreement should fully spell out all terms and conditions surrounding construction defect liability. In most cases, liability for a design or construction defect gets pushed down the chain of authority. The building owner hands over full liability for defects to the general contractor, who places the liability via contract onto each subcontractor, and so forth.

Liability for construction defects is commonly passed through contractual agreements as well. Indemnification provisions allow this passing of liability to be held up under law. This might happen between contractor and subcontractor. A general contractor might include an indemnity provision in their contract with a subcontractor, making the subcontractor indemnify the general contractor. Essentially, the indemnitor, in this case the subcontractor, would agree to pay back any expenses incurred as a result of a construction defect lawsuit against the general contractor that was caused by the subcontractor’s negligence.

Examples of Personal Injury Accidents Caused by Construction Defects:

▷ Unsecured railing causes a person to fall off the balcony.
▷ Occupants are crushed after the roof collapses.
▷ Faulty electrical work leads to an electrocution accident.
▷ Improper installation causes a gas line explosion.
▷ Poor design causes a roadway bridge or building to collapse.

For Construction Defect Accident Victims

If you are a recent victim of a construction defect accident in Indiana, you deserve financial justice. Get in touch with a skilled and experienced Indiana personal injury law firm that can fully document a strong and impactful case and obtain the maximum settlement for your damages.

Are you the victim of a negligent building defect or construction accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a trusted Indianapolis construction accident lawyer who knows product defect cases. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

4 Reasons Why You Should Not Represent Yourself in a Personal Injury Case

Posted on May 6, 2022 by admin

There is an old English proverb that is particularly relevant to this topic: “A man who is his own lawyer has a fool for a client.”

Although you certainly have the law-given right to represent yourself in a personal injury lawsuit, it is not the encouraged option for claimants. Continue below to learn 4 critical reasons why, plus what legal recourse you should take to ensure you are awarded the maximum settlement for your damages and losses.

Personal Injury Lawyers Indianapolis Indiana 317-881-2700

Personal Injury Self-Representation is Not a Good Idea

It is understandable that some accident victims ponder the idea of self-representation since civil litigants do not have a constitutional right to legal representation like criminal defendants do. But most personal injury law firms work on contingency, which means accident victims needn’t worry about affording a lawyer. Under a contingency-fee arrangement, clients do not pay any upfront costs or fees. They only pay after the law firm has obtained a settlement or verdict for them. If the law firm is unable to obtain a settlement for a client, the client owes nothing.

Some people consider representing themselves because they think they can be successful. However, there are many elements and aspects of a personal injury case that require astute and knowledgeable understanding of the law in order to maximize an accident settlement. In fact, this is the first reason why you should not choose to represent yourself in a personal injury lawsuit.

4 Risks You Take When You Choose to Represent Yourself

Complexities of the Legal System

If you plan to represent yourself, understand that the courts will strictly hold you to all related duties. You will be expected to know and understand all rules regarding evidence and civil procedures, plus identify the principal legal matter and raise all arguments. They will also expect you to know about and file all necessary paperwork within their differentiating deadlines. Failure to do so can end a case.

These legal processes are complicated, even for someone with a basic understanding of the court system. A personal injury lawyer is the best resource for obtaining the most money possible for your damages because they are seasoned in tort law and have an acute knowledge of the law and courts.

Instant Legal Expenses

As soon as you begin on your personal injury case, the legal expenses will immediately begin to accrue. Clients of personal injury lawyers who operate on contingency are often covered by the law firm in terms of any required upfront legal costs. Clients pay for all legal expenses when their attorneys obtain a settlement for them. Oppositely, anyone representing themselves will be forced to pay their own legal costs from start to finish, which may include court costs, filing fees, copying fees, serving pleadings, depositions, hearing transcribing, expert testimony costs, investigatory costs, and more.

Less Compensation

It is very difficult for the average personal injury claimant to gain the full value of their case when representing themselves. Attempting to do so would certainly pose all sorts of challenges. Not only do personal injury lawyers know how to negotiate with insurance companies, especially since they are acutely trained to dodge the common tactics used by insurance companies to lower the value of a claimant’s case, but they know how to accurately evaluate your claim’s full worth.

Complicated Lien Resolution

For most personal injury cases, an awarded settlement means that at least one healthcare lien must be resolved with a government healthcare program or private insurer, typically Medicaid or Medicare, but sometimes the Veterans’ Administration. This process of lien resolution for personal injury settlements requires seasoned legal knowledge and training. Self-representing personal injury claimants often find themselves stuck in regulatory traps and red-tape mazes.

Do you still need more convincing that a personal injury law firm is the right choice for your accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. You can speak directly with a trusted and experienced Indianapolis IN accident attorney over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

Does My Accident Give Me a Civil Cause of Action?

Posted on April 11, 2022 by admin

After being hurt in a wrongful accident, you may be wondering if you can recover compensation in the form of an injury-based insurance claim or lawsuit against the negligent party responsible. Continue reading to learn when a personal injury accident might give cause to a civil action, plus how to determine your own eligibility for bringing about a claim or complaint against an at-fault party in Indiana.

Personal Injury Civil Litigation Indianapolis Indiana 317-881-2700

Wrongfully Injured Victims Deserve Financial Justice

If you are wrongly injured in an accident that was caused by another person, entity, or product, there is no doubt that you deserve to be financially compensated for your damages and losses. Damages include things like medical expenses and hospital bills, as well as lost wages from missing work, fuel used to travel to and from doctors’ appointments, prolonged physical therapy, partial or permanent disability, pain, suffering, reduced quality of life, and much more.

However, there are a few factors to consider as a personal injury accident victim before making the decision to move forward with legal action against an at-fault party.

Ask yourself about the severity of your injuries. Are you severely injured? Are you moderately injured? Are your injuries proving to be long-lasting or impactful to the quality of your life?

You also want to ask if some of your damages and losses have already been paid for. Did insurance or someone else already cover the past, current, and future expenses incurred as personal injury victim? Are you required to reimburse your insurance carrier out of any settlement or judgment with the at-fault party’s insurance carrier.

Lastly, you must ask yourself how strong your case is. Are you the victim of a wrongful accident? Can you provide proof and evidence that you have incurred compensatory losses as a direct result of the accident?

An experienced personal injury lawyer in Indiana can help you answer and evaluate these questions and many more.

Do You Have a Personal Injury Case?

Confirming personal injury case eligibility is not so cut and dry. Although the accident might not have been your fault, there are different requirements and stipulations that may impact your case’s strength. For instance, most accident victims have two years under Indiana statutes of limitations to bring about a claim or lawsuit against an at-fault party. If you have waited longer than the state statute of limitations, which may be shorter or longer than two years depending on the type of accident you are in, you may have forfeited your right to do so.

For these reasons and more, it is critical to consult with a licensed Indiana personal injury lawyer as soon as possible following your accident so that you may learn exactly which damages and losses you have incurred as an accident victim, plus whether or not you have a valid or strong case for civil action.

Are you looking for a qualified Indiana personal injury law firm to represent you in your recent accident? Contact 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.

Types of Income Covered By Lost Wages Benefits

Posted on April 8, 2022 by admin

When a victim is wrongly hurt in an accident, it is common for them to miss weeks and months of work while recovering from their injuries. Sometimes, victims cannot go back to work at all if the injury is permanent and severe. While out of work, injured victims lose out on their regular earnings. These missed earnings are referred to as lost wages in a personal injury claim. Lost wages are one of the more common types of personal injury damages available for injured victims to recover.

Continue reading to learn which types of income are generally covered by lost wages benefits, plus where to schedule a free personal injury case evaluation in Indianapolis, Indiana.

Indianapolis Indiana Injury Lawyers 317-881-2700

Personal Injury Coverage for Lost Wages

Lost wages refer to the missed earnings that are involuntarily forfeited by an employee who was injured in a negligent accident. After being injured in an accident that was not their fault, an injured victim is legally entitled to a financial recovery for their resulting damages and losses, including missed pay from missing work.

Most people assume that lost wages only cover missed paychecks, when in fact, they can cover a lot more. Lost wages can include all sorts of income and benefits, from salary and hourly pay to tips, bonuses, job perks, and more. The extent of compensation awarded for lost wages in a personal injury case depends on how long the injured victim is forced to miss work due to their injuries.

Once an injured victim reaches maximum medical improvement (MMI), they can usually go back to work to the best of their ability. In the case of an injured victim suffering temporary, partial, or permanent disabilities that prevent them from performing the same duties as before, there are benefits that are available under Indiana worker compensation laws and third-party laws for this type of loss as well.

Examples of Lost Wages That May Be Awarded in a Personal Injury Case:

↳ Hourly Pay
↳ Salary
↳ Commission
↳ Tips
↳ Overtime
↳ Sick Leave
↳ Vacation Days
↳ Bonuses
↳ Promotions
↳ Job Perks

Returning to Work at a Lower Pay

Sometimes an injured victim can return to work after an accident, but not in their full capacity. In such cases, an employee comes back to work, but in a different role and at a lower pay. This type of earning loss may also be covered by personal injury lost wage benefits. In other cases, an injured victim cannot return to work to the same capacity ever again. In personal injury cases, this circumstance is known as loss of earnings potential. Those who qualify may be awarded future lost wages.

Evidence of Wage Related Losses

In a personal injury case, the claimant and their legal team holds the burden of proving lost wages. Fortunately, this is not usually a challenge, especially for particularly skilled and experienced Indiana civil litigators. Common types of evidence used to prove lost wages in a personal injury case include recent pay stubs, W2’s, bank records, medical records, tax return statements, expert testimony, a letter from the doctor stating a patient cannot return to work, and even a simple wage verification letter from the employer.

Are you wondering how you can recover damages for missing work after being wrongfully injured in Indiana? 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.

Facts About Wrongful Death Statutes in Indiana

Posted on April 4, 2022 by admin

Years ago, there was no legal recourse for those who lost a loved one in a wrongful accident. Back then, when a personal injury victim died, the right to claim damages for any resulting losses suffered by the family was lost as well. Widows, children, dependents, and next of kin were finally given justice in such cases when Indiana passed its first Wrongful Death Statute. Since passing the Indiana Wrongful Death Statute, two more relevant statutes have been passed that give wrongful death survivors additional rights to a personal injury settlement, the Indiana Adult Wrongful Death Act and Indiana Child Wrongful Death Act.

Continue reading to learn facts about all three Wrongful Death Statutes in Indiana, plus how to verify your rights to pursuing a claim after the loss of a loved one.

Wrongful Death Litigator Indianapolis Indiana 317-881-2700

Indiana Wrongful Death Claims

If a person or business is negligent in a way that directly causes another person’s death, it is considered a wrongful death accident. Wrongful death accidents are caused by many types of negligence, such as recklessness, inaction, product or manufacturing defects, medical malpractice and even intentional torts like assault. When a person loses a loved one in a wrongful death accident, certain persons have a right to bring about a negligence suit for the purpose of obtaining compensation for their damages and losses. Although it varies from state to state, here in Indiana, the law specifically defines eligible wrongful death claimants to be spouses, children, and dependents.

Examples of damages and losses suffered by those who have lost a loved one to a wrongful death accident generally include pre-death hospital bills and medical expenses, funeral and burial costs, loss of financial support, loss of future earnings, loss of employment benefits, loss of consortium, loss of emotional support or care, and similar expected economic losses.

Wrongful Death Statutes of Indiana:

The Indiana Wrongful Death Statute

Indiana Code § 34-23-1 is the basic wrongful death statute of Indiana. Under this act, a “personal representative of the estate” is the party permitted to file a wrongful death lawsuit. Such representatives include spouses, children, and dependents. Additionally, there is an established statute of limitations for filing a wrongful death suit that gives claimants two years from the date of the accident that resulted in the loss of their loved one. A unique element of the Indiana Wrongful Death Statute is that there is no cap on damages. A judge or jury can award whatever settlement they deem fit without limitations.

The Indiana Adult Wrongful Death Act

This wrongful death statute is reserved for adults, which the state defines as anyone over the age of 20, or anyone over the age of 23 but still in college, and who is also unmarried and has no dependents. Under this statute, a personal representative must also be the one to file suit, and they have two years from the date of the accident that caused the death to do so. In contrast to the general wrongful death statute of Indiana, the Indiana Adult Wrongful Death Act sets a maximum recovery cap of $300,000.00 on such cases. Additionally, there are some damages that are excluded, such as lost earnings, pain and suffering, mental anguish, and punitive damages. The judge and jury also specify how much each person gets in damages if the lawsuit involves more than one child or parent.

The Indiana Child Wrongful Death Act

Indiana Code § 34-23-2-1 wrongful death act is reserved for children who have lost their lives to a negligent accident caused by another. The state defines a child as someone not married and without dependents, plus younger than 20; or younger than 23 and enrolled in a post-secondary educational institution; or younger than 23 and attending a career and technical educational program. Parents and guardians are permitted to file a wrongful death lawsuit under this statute, and they have 2 years to do so from the date of the accident. As for damage caps, the limit is not set by a monetary amount, but rather, how long the child had before they crossed over into adulthood. There are also limitation to the types of damages that can be awarded in child wrongful death cases.

Have you recently lost a loved one to a wrongful death accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis IN wrongful death attorney you can trust. Wrongful death cases are complicated so you should obtain representation immediately. We represent clients throughout the State of Indiana.

Who Takes the Blame for a Chain Reaction Car Accident?

Posted on March 18, 2022 by admin

One of the most fundamental elements of an auto accident claim is determining liability. In most car accident cases, the at-fault party is fairly easy to point out. In such cases, the driver to blame for an accident would be responsible for the other driver’s resulting damages, such as auto repairs, medical expenses and pain and suffering. The at-fault driver’s insurance carrier would have to pay for the damages the at-fault driver caused.

But when a car accident starts with one driver and continues down a line of other drivers in a chain reaction, who would be liable then? Would each driver that comes into contact with the vehicle in front of them be held liable? What if the driver in the back started the damaging domino effect?

Well, there is no straight answer really. These kinds of auto accidents can become complex, and therefore, require the guidance of a seasoned accident attorney. In the meantime, continue below to review some basic facts about chain reaction car accidents and liability, plus information on how to move forward with an Indiana auto accident injury claim.

Auto Accident Lawyers Indianapolis Indiana 317-881-2700

Chain Reaction Auto Collisions

Domino-effect car collisions usually happen from the back and impact cars in the front. Imagine two cars are parked at a stop light and a drunk driver or inattentive driver approaching the light does not stop, or is unable to stop in time, thus colliding into the back of the second car in line, which causes that driver’s car to rear end the first car in line.

When the sudden and unexpected impact coming from the rear of a vehicle is so strong that it causes the vehicle to jerk forward and hit the vehicle in front of them, bodily injury sometimes occurs to everyone involved, including passengers. The most common types of injuries that result from chain reaction car accidents include whiplash, neck injuries, back injuries, hip injuries, spinal injuries, child injuries, concussions, and orthopedic injuries.

Assigning Liability in a Domino Effect Car Accident

When a person is wrongfully injured in a chain reaction car accident, they deserve justice in the form of compensation regardless of how many drivers were involved. Although such cases are sometimes challenging, it is possible for injured victims to recover damages with the help of a seasoned auto accident lawyer in Indiana.

As for assigning liability in a chain reaction car accident or pileup, Indiana uses a lengthy investigatory process to examine the details of the accident and each driver’s contribution. Here in Indiana, the most common causes for domino effect car collisions are impaired driving, speeding, and following too closely to the car in front. If you can avoid these behaviors, you can reduce your chances of being involved in a car accident of any fashion.

If you were recently hurt in a car accident that involved other drivers, seek out professional advice on your rights to pursing full and fair compensation through a personal injury claim. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced and compassionate auto accident lawyers in Indianapolis, Indiana. We represent clients throughout the state of Indiana, and can meet over phone, video, or in-person at our Indy-based office.

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

Is a Personal Injury Claim the Same as a Workers’ Compensation Claim? Claiming both?

Posted on March 15, 2022 by admin

After suffering injuries and subsequent losses following a workplace accident, you may be wondering if you should file a personal injury claim or take advantage of your workers’ compensation benefits through a workers’ comp claim, or both. It is important to understand the difference between a personal injury claim and a workers’ compensation claim if you want to recover the full and fair settlement for your specific damages and losses.

Continue reading to learn the primary differences between the two types of injury claims, when you can claim both, plus where you can get trusted information and guidance regarding your recent accident in Indiana.

Workers' Compensation Lawyers Indianapolis IN 317-881-2700 — Workers’ Compensation Lawyers Indianapolis IN 317-881-2700

The Requirement of Fault in a Tort Claim

One of the most fundamental elements of a tort case is fault. An entity (person, corporation, company, government agency, etc.) that is to blame for a civil wrongdoing can be held responsible, and thus their insurance carrier would be responsible for paying out any settlement or judgment, for paying out damages to the surviving victim or family of victims under Tort Law. However, the question of fault is one of the most important and primary differences between a personal injury claim and a workplace injury claim.

Personal Injury Claims Must Prove Fault

To recover damages in a personal injury case, the claimant party (the victim or family of victim) holds the burden of proving fault, meaning they must demonstrate that the opposing party was negligent or wrong in some way, which directly caused them harm. General damages awarded in personal injury cases include medical expenses (past, current, and future), hospital bills, lost wages from time off work, and similar calculable losses related to the victim’s accident and/or injuries.

However, special damages may also be awarded in a personal injury case for pain and suffering, mental anguish, permanent scarring or disfigurement, loss of earning capacity, loss of enjoyment of life, and similar losses that cannot be added up on a calculator.

Workers’ Compensation Claims Do Not Require Fault

A workers’ compensation claim does not require the injured party to prove fault. In fact, no fault needs to be established whatsoever, even in respect to OSHA violations and negligent or reckless management. Regardless of fault, injured workers can be entitled to workers’ compensation benefits, so long as they file a workers’ comp claim.

General workers’ compensation benefits include coverage strictly for quantifiable losses, like weekly earnings, hospital bills, medical expenses, permanent impairment benefits (if applicable), and vocational rehabilitation. Injured workers cannot generally sue their employer or employees for pain and suffering damages. There are exceptions to the rule, such as in the case of egregious or intentional torts.

Making Claims for Both

There are also situations where an injured party can make both a worker compensation claim and a tort claim at the same time. For example, if a pizza delivery driver is delivering a pizza when he or she is rear-ended by another vehicle. The injured driver could make a worker compensation claim through his employer and their insurance carrier since he was injured while on the job. The injured worker could also seek a recovery under tort claims law from the defendant driver who rear-ended his vehicle and that person’s insurance carrier since he was injured as a result of tortious conduct by a person he was not employed by.

Talk to a Licensed Accident Lawyer in Indiana

When it comes to pursuing compensation after an accident or injury, it is best to consult with a seasoned Indiana personal injury lawyer who can explain your rights to recovering damages in a language you can clearly understand. It is also important to act fast because there are statutes of limitations on personal injury claims and evidence needs to be obtained before it disappears.

Would you like to speak with a trusted and experienced personal injury lawyer without any financial obligation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. We represent clients throughout Indiana and Indiana citizens injured anywhere and can meet over the phone, via the internet, or in person at our Indy-based office.

The Difference Between Special and General Damages in an Accident Settlement

Posted on March 11, 2022 by admin

When it comes to personal injury settlements, there are two primary categories of financial payment (damages) awarded to victims or survivors of victims: general damages and special damages. Such damages are awarded based on the specific losses incurred by the claimant or claimants.

Continue below for a brief description of general and special damages, including how they compare to one another and where you can find more information pertaining to your recent, wrongful accident in Indiana.

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The Purpose of Personal Injury Damages

Under tort law, when a person is a victim of negligence, which a is a failure to use reasonable care, a judge or jury may award damages to compensate them for their injuries and losses. Such damages can range from lost paychecks and medical bills to pain, suffering, and more. To measure the value of damages, a court must consider the losses and injuries of an accident victim’s body, mind, property, and overall quality of life. Personal injury settlements are designed to help accident victims or surviving family get back to the same state of life they were in before the accident and to fairly compensate the victim for what they experienced and will experience in the future.

Although there are several types of personal injury damages that may be awarded in a settlement, the two main categories are general damages and special damages.

Special Damages

Also referred to as compensatory or economic damages, special damages are the calculable to a large extent, losses suffered by a personal injury victim. They include hospital bills, medical expenses, lost wages from missing work, mileage to and from doctor’s appointments, property damages (in some cases), and similar precise values that can be added up with a calculator.

General Damages

General damages are also referred to as non-economic damages. These are damages that cannot be measured by a calculator, such as pain, suffering, metal anguish, PTSD, prolonged physical therapy or medical treatment, permanent disfigurement or scarring, and other conditions that cause a personal injury victim to lose overall enjoyment of life.

It is common for a personal injury victim to be entitled to both kinds of damages. Additional categories of damages that may be awarded in a personal injury lawsuit include punitive damages and future damages.

How to Determine Your Damages and Losses After an Accident

If you are wondering which damages you or your family are entitled to after being seriously injured in a wrongful accident, it is necessary to consult with an experienced Indiana personal injury lawyer. Accident attorneys can provide a free case evaluation that will allow you to discuss your questions and concerns with a licensed professional.

There are many ways a personal injury lawyer can prove your damages. You should save all medical bills, receipts, and any other type of documentation that shows the effects of your injuries. You should also save records showing when you missed work. You attorney will also help in obtaining the information for your claim.

Not sure which personal injury attorney in Indiana to choose for help you with your case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement or verdict you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.