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.

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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.

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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.

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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.

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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.

What to Ask a Personal Injury Lawyer at Your Case Evaluation

Do I Have a Personal Injury Case?

Asking a lawyer about the validity or strength of your case is one of the basic and most essential inquiries to ask at a personal injury case evaluation. No one wants to waste anytime beating around the bush. Ask your injury attorney if the incident was most likely caused by another’s negligence, if you or your family are entitled to compensation for your damages, and how to file a claim. Which leads us to the next important question.

If a personal injury claim is valid, you should be entitled to remuneration for your economic damages, including lost wages, medical expenses, hospital bills, at-home nursing, long-term hospitalization, pain and suffering and much more. More specifically, you should be asking your lawyer how much compensation you are entitled to, and perhaps even what similar cases have paid out in the past. Obviously, the value of a case will largely be dependent upon the strength of the evidence and how long a person does or does not need on-going medical treatment and how long the injuries last.

How Much is My Case Worth?

The settlement you may collect largely depends on your total compensatory damages and losses, including lost wages, lost wages, hospital bills, medical expenses, mileage to and from doctors’ appointments, partial or permanent disability, and more. Settlements may also include non-economic or punitive damages as well, like pain and suffering, mental anguish, partial or permanent disability, permanent disfiguration, prolonged rehabilitation, loss of companionship, diminished quality of life, pain medication dependencies, reduced quality of life, and more. In order to truly know how much your case is worth, you must consult with a licensed Indianapolis IN personal injury a ttorney.

Will My Case Go to Trial?

There are various factors that influence the outcome of a settlement. Whether a claim gets settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer in Indianapolis assists with this part of the process. They are prepared to go to court for their clients but do everything in their power to avoid it and settle out of court instead. In most cases, personal injury claims are settled out of court.

How Much Will Lawyer and Legal Fees Cost Me?

Although not all, most personal injury law firms get paid on contingency. This means that clients do not have to pay the law firm for their services if the lawyers are unsuccessful at recovering a settlement or verdict for them. When clients do receive a settlement, lawyers will be paid a percentage of that settlement as defined in the lawyer-client agreement. This can range anywhere from 33 and 1/3% to 40%, depending on various factors.

In addition to paying the lawyers, personal injury clients will owe additional expenses and court costs. For these expenses, the attorney will front them and will just reimburse themselves out of any settlement or verdict if the case is won. Expenses would include things like copies, postage, filing fees, costs to obtain copies of medical records, and doctor reports and depositions if necessary.

Are you looking for a motivated Indiana personal injury law firm to represent you or a loved one? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

Is it Affordable to Hire a Personal Injury Attorney?

Posted on March 3, 2022 by admin

When a person is wrongfully injured in an accident, life can abruptly change for them and their loved ones. Being wrongfully and seriously hurt by another’s negligence is traumatic, overwhelming, painful, challenging, frustrating, and even depressing. When tragedies like this strike, victims need a reputable personal injury attorney on their side who will fight for their rights to a full and fair accident settlement check. Unfortunately, many people choose to not pursue a lawsuit or claim against negligent parties because they believe they cannot afford proper legal counsel. This is not the case.

Continue reading to learn what you need to know about the costs associated with hiring a personal injury lawyer, plus where to find compassionate and great legal representation in Indiana.

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Personal Injury Legal Services are Affordable For Everyone

When someone is seriously hurt in an accident because of another person or entity’s negligence, they are entitled to compensation for their damages. When a victim has less fault in an accident they were injured in than the party who caused the accident and acted negligently, an Indianapolis personal injury l aw firm can prove in a court of law that the victim is owed fair remuneration for the damages. When it comes to paying for an attorney to represent you in a personal injury claim, you don’t have to worry about upfront fees or costs.

Accident Lawyer Fees are Contingent

Most personal injury firms do not collect attorney fees unless they recover a settlement or verdict for you in your case. So, their payment is contingent on whether they are successful with your case. Such lawyer fees are referred to as contingency fees. Firms that use this payment model generally offer free initial consultations, allowing them to discuss a victim’s case without obligating the potential client to pay out of pocket.

Upon consulting, a personal injury lawyer will assess a victim’s claim and determine if they are eligible to pursue legal action and recover compensation through a settlement or verdict. If they believe their client is entitled to recompense, they will take on their case and represent them for free until they can win them full and fair compensation for their damages.

Common Personal Injury Claim Damages

Damages to be recovered in a personal injury case can vary depending on the nature of the accident, type of injury, extent of injury, and many other factors. However, common personal injury damages awarded to victims and survivors of wrongfully killed victims include lost wages, medical expenses, hospital bills, pain, suffering, mental anguish, prolonged rehabilitation, loss of consortium, and much more. An Indiana personal injury attorney can make it simple for victims to pursue an accident claim or lawsuit, without the injured client risking thousands of their own dollars in pursuing and proving the case. We at Craven, Hoover & Blazek, P.C. will pay for the investigation of the case, pay for medical records, photos, videos, doctor reports, depositions, etc… and then when the case is resolved, we simply get reimbursed for those expenses.

How to Get Started

If you have asked yourself if you can afford an Indianapolis IN accident lawyer, the answer is, “yes!” Anyone, no matter their level of income, cash availability, or savings, can afford a personal injury attorney if they have a valid claim and case. They can even have their claim examined by a licensed attorney for free, to determine if they have a valid claim. All you must do is find a trusted Indiana law firm concentrating on personal injury cases and contact them for a free case evaluation.

Are you looking for a skilled and qualified personal injury lawyer to represent you in your Indiana-based accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule your free case review with a licensed accident attorney in Indianapolis, Indiana. We represent clients throughout the State of Indiana. Our personal injury attorneys can hold consultations over phone or video, or in person at our office. We represent injured persons and the survivors of those wrongfully killed throughout the state of Indiana.

General Workers’ Compensation Benefits and How to Claim Them

Posted on February 15, 2022 by admin

An employer’s workers’ compensation coverage provides certain payments for those injured on the job. Continue reading to learn some of the most common workers’ compensation benefits, how to claim them after a workplace injury, and what you can do if they are not adequate to cover your damages and losses.

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Workplace Injuries and Damages

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on what state the employer is located in and the extent of the injuries or damages. Damages can include but are not limited to lost wages, medical expenses, hospital bills, permanent partial impairment rating (PPI ratings) and sometimes other damages.

Workers’ compensation should cover damages caused by a workplace accident or injury It is wise to hire an Indianapolis personal injury attorney who concentrates on workers’ compensation cases to recover the full and fair recompense deserved.

Most Common Types of Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve assault/battery, contracting a work-related illness or disease, experiencing an armed robbery or other gun related attack, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

☑ Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

☑ Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

☑ Benefits for Dependents in the Case of a Wrongful Death at Work

☑ Travel Expenses (If Applicable)

A Workplace Injury Lawyer Can Help You Recover the Most Benefits

There are sometimes other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. If you wish to recover the full and fair remuneration you and your family deserve after your workplace accident or injury, your best course of action is to hire a personal injury lawyer in Indianapolis who is well-versed and experienced in workers’ compensation cases.

A certified and skilled Indianapolis workers’ compensation lawyer can provide comprehensive case support from start to finish. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim so that your focus can be placed solely on your recovery. Just be sure the Indiana personal injury law firm you select employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This effort will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Not sure which personal injury law firm to choose for your workplace injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned workers’ compensation lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana.

Reasons Why Some Personal Injury Claims Take Longer to Settle than Others

Posted on February 9, 2022 by admin

Every personal injury case is different, especially when it comes to timelines. The length of time an injury case takes to settle will depend on several factors, including the lawyer’s professional ability, congestion in the courts, the at-fault party’s insurance carrier’s reasonableness, the claimant’s reasonableness in deciding to accept or reject a fair offer, and much more. If you are currently involved in a personal injury case, you are likely eager to settle, but you should only settle your case if you are getting full and fair compensation, based upon all the facts of the case.

Continue reading to learn the top three reasons why personal injury claims take time to settle or go to trial, plus who to consult for more answers to your accident case questions.

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Top 3 Causes of Accident Claim Delays

Do you feel as if your personal injury claim is taking longer than usual to reach a settlement? Well, before you place the blame on your lawyer or surrender too quickly to a low-ball offer, look at these 3 common reasons that contribute to accident claim delays:

1) Challenging Legal Matters and Disputes

The basis of virtually all personal injury claims comes down to two elements: first, establishing fault by proving negligence, and second, proving the full value of a victim’s damages and losses. If your personal injury case poses convoluted or challenging legal issues, such problems can make a case take longer to resolve. This is typically due to the argument of proving liability.

In a negligence lawsuit, the claimant, or plaintiff party, carries the burden of proving their case. In order to do so, they must provide evidence to establish that the opposing party had a duty of care, breached that duty of care, and as a result, caused an accident that led to serious losses and damages of the victim or to their surviving family.

2) High Settlement Case

If your personal-injury claim is one that involves a significant amount of money in terms of damages and demanded compensation, it can cause the case to drag out a bit longer. When such quantities of money are involved, more negotiations are likely to occur because insurance companies simply won’t payout more than they have to unless they have done their due diligence. An insurance company will investigate a big money case longer for a few reasons, but mostly if they don’t already have a good defense on the claim, or they believe that a claimant’s injuries and damages are not as severe as they have alleged them to be.

3) Maximum Medical Improvement (MMI)

If you are still receiving medical treatment for the injuries you suffered as a result of your wrongful accident, you have not yet reached maximum medical improvement (MMI), the point in which your injuries can no longer be improved. It is important to have patience while receiving medical treatments for the injuries caused by your accident because you could be entitled to further damages, such as permanent disability, loss of consor t ium, loss of companionship, loss of ability to work, future pain and suffering and more. You never want to settle a personal injury claim until you have reached maximum medical improvement. This way, you can ensure that you are given a settlement that covers all your losses and damages, both past and future.

Our law firm does not get paid until we obtain a settlement or verdict for you. That being the case, we strive to obtain a settlement or verdict as quickly as possible for our clients, but with the understanding that the settlement must be full and fair, based upon all the evidence for the case. 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 civil litigator and discuss your pending personal injury lawsuit in Indianapolis, Indiana. We represent injured persons throughout the state of Indiana.

Important Information About Settling an Accident Case

Posted on February 7, 2022 by admin

Surviving victims injured in a wrongful accident caused by another person’s negligence can recover compensation for their damages and losses one of two ways: out of court mutual negotiations or trial. Although many personal injury settlements are negotiated and settled outside of court, it is critical to a victim’s financial future and overall quality of life to retain experienced personal injury representation for their claim.

A seasoned Indiana accident attorney will aim to settle without a trial if a reasonable settlement can be reached but will remain ready and prepared to take a client’s case to court if necessary. If you are a recent victim of a wrongful accident and suffered injuries as a result, the settlement process will impact the outcome of your claim.

Continue reading to learn what you can expect during the process of settling a personal injury claim, plus how to ensure you obtain the maximum compensation for your case.

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Personal Injury Settlements

A settlement takes place when a defendant’s insurance carrier and sometimes the defendant themself make an offer for compensation, and the victim or plaintiff accepts the offer. This often happens outside of court. In fact, some agreements are made before a lawsuit is even filed. If the victim has trouble receiving a fair offer, their lawyer may suggest taking the case to civil court.

Settlements can also be made after a case goes to trial, but before a final award or verdict is made. Other times, parties might become anxious during jury deliberations, and decide to settle before their verdict comes back. This is because some defendants would rather agree to a set settlement, rather than allowing a jury to decide the case.

Full Liability Releases

Once a settlement is agreed upon between both parties, the plaintiff must sign a full liability release form. This form lawfully relinquishes all potential claims against the defendant arising out of the accident or incident. This way, the plaintiff cannot file any further lawsuits for more compensation against the defendant later. For instance, in a slip and fall case, a store’s insurance company may offer a victim $25,000 to settle a case made against their insured, but to receive the payment, the victim must agree to not sue the store or to dismiss any lawsuit that has already been filed against the store.

Most Accident Cases Settle in the End

The reason why most personal injury cases settle is because both the plaintiff and the defendant want to mitigate and control their risks and avoid the significant legal costs that come with actually going to trial. Almost all personal injury cases involve insurance companies, who have the finances to pay out claims quickly.

If a claim goes to trial, the insurance company loses some control over how much they pay in recompense to a wrongfully injured victim, as well as court costs, attorney fees, and other legal expenses. Also, many insurance companies settle claims because they want to avoid the public eye for themselves and the defendant they insure. With so many social media platforms these days, it is easy for one incident to result in a company being publicly criticized for their negligence.

Are you a recent accident victim who was wrongly injured as a result of another person or company’s negligence? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to pursuing a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations and never collect lawyer fees unless we prevail for you. We represent injured persons and the family survivors in wrongful death cases throughout the state of Indiana.

Were You Involved in an Accident While Driving Your Company Car?

Posted on February 4, 2022 by admin

When it comes to work, there are okay workdays, good workdays, and even great workdays, but then there are those occasional bad ones, like being involved in a company car accident. Below you will find a guide on what you need to do if you are ever in an accident while driving your company car.

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Company Car Auto Accident Help

Driving from location to location for work poses the risk of being in an auto accident. If you are involved in a car accident in your company vehicle, there are some important steps you need to take. Before reviewing the guide to company car accidents, it is necessary to note that you should always have your updated car insurance documents in your vehicle at all times.

What to Do After a Company Vehicle Accident:

First, ensure that yourself and all other parties involved in the accident are not injured or still in harm’s way. Even if no one seems injured, contact 911 and request law enforcement to the scene. Try to get to a safer location, out of the way of traffic.

While waiting to police and medical technicians to arrive, use your cell phone to take pictures of the scene of the accident, including all property damages, intersections, road signs, and injuries. If you are too injured to do this, you can ask an officer, paramedic, or bystander to help.

When authorities arrive, accept medical examination and treatment from the paramedics, if necessary, then make a police report. Ask for a copy of the police report.

If you are capable, begin asking the other parties involved for their insurance and contact information. Take a photo of their insurance card to ensure accuracy. Do not talk about the accident to the other drivers or involved parties as everyone is not having a good day after a collision so tempers may exist. It is better just to talk to the investigating officer and tell them what happened.

Next, notify your employer of the accident. Do this as soon as possible. Because your company likely has their own procedures, insurance, and legal teams for these matters, you will need to communicate with them at the scene and see what they want you to do. If the car can be driven, they may have you return it right away. If it is not drivable, your employer will probably arrange a tow truck to collect the company car.

Your employer may require you to hand over all related documents and evidence, like photos, videos, police reports, witness statements, and more. Cooperate with these requests but try to keep copies for yourself.

Were You Injured and the Accident Was Not Your Fault?

If you were injured in a company car accident, seek medical treatment right away. See a licensed medical practitioner for your injuries and retain all documents supporting your medical diagnoses and treatment.

Your company may offer workers’ compensation be n efits. If they do, explore these benefits. If they take too long to complete your claim, reduce the value of your claim, refuse to cover additional medical treatments ordered by your doctor, you have suffered permanent disabilities, or deny you benefits altogether, it is important to hire a licensed workplace injury lawyer in Indiana. They can ensure that your rights to being fully compensated for your damages and losses are preserved. You are entitled to reimbursement for medical bills, hospital bills, lost wages, and more.

Are you ready to protect your rights to being fully compensated after being injured in a company vehicle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned workplace injury attorney in Indianapolis. We represent a wide range of cases for clients all across the state.