Category Archives: Indiana Personal Injury Law

Common Damages Awarded for Traumatic Brain Injury Accidents

Posted on by

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

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

Indianapolis IN Brain Injury Lawyer 317-881-2700
Indianapolis IN Brain Injury Lawyer 317-881-2700

Traumatic Brain Injuries (TBI’s)

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

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

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

Making a Traumatic Brain Injury Claim

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

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

Common Damages Awarded to TBI Victims:

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

Wrongful Death After Brain Injury

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

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

You Should Also Read:

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

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

How Long Does it Take to Settle an Accident Claim?

Posted on by

If your personal injury claim settles too quickly, does that mean you’ve settled for less compensation?

If your claim settles too slowly, will you be able to cover your out-of-pocket expenses while in recovery?

How long will it take to settle my case and receive payment?

These are common questions asked by wrongfully injured accident survivors all across the nation, and rightfully so. It is important to understand your rights as an accident victim, as well as your eligibility for pursing legal action against the at-fault party and their insurance carrier. Continue reading to learn how long personal injury claims take to reach a settlement or verdict, and what you can expect as a client of a skilled and experienced accident attorney.

Indianapolis IN Personal Injury Claim Law Firm
Indianapolis IN Personal Injury Claim Law Firm 317-881-2700

The Beginning of the Personal Injury Claims Process

There are certain strategies that work better than others when it comes to obtaining the maximum settlement or verdict for a personal injury claim. The best and most effective approach is to hire a licensed and experienced personal injury law firm to represent you in your case. From there, they will navigate each and every aspect of your claim, using their own proven strategies to recover the full and fair compensation you deserve.

In fact, hiring a reputable Indiana accident lawyer is your first step you should take as soon as you are medically stable after an accident. Even if you are not medically stable enough to contact a lawyer and discuss your claim, you can have your spouse or next of kin do it for you. Family and guardian ad litems can file personal injury claims on behalf of an injured victim in certain circumstances.

Settling Too Quickly Can Mean Less Compensation

In most cases, settling a personal injury claim too quickly can result in being shorted on the compensation the victim is rightfully owed. Although there are some cases in which settling quickly is the right option, most times, a personal injury lawyer will continue to fight the insurance company until a maximum settlement is reached. This takes time, which is just one element of a personal injury case that can extend the amount of time it takes to come to an end. With a skilled accident lawyer on your case, you will not have to worry about settling too quickly and sacrificing monies that you could have been awarded or offered.

Why Cases Sometimes Take a Long Time to Settle

Along with back and forth negotiations and stubborn insurance companies, other common reasons why personal injury cases take longer to reach a settlement include:

▷ Victim has not yet reached maximum medical improvement (MMI);
▷ The case involves a considerable amount of money;
▷ There are legal or objective issues that need resolving.

Never accept a lowball settlement from an insurance adjuster after being wrongfully injured in an accident because once the settlement is agreed to, there is no going back on it if you find you need further medical care. Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a seasoned personal injury lawyer in Indianapolis, Indiana to learn more about your rights to compensation.  We represent injured persons and the dependents in wrongful death cases throughout the state of Indiana and Indiana residents injured in other states.

You Should Also Read:

What is the Worth of My Personal Injury Claim?
Top 3 Things You Can Do to Maximize Your Accident Settlement
What is Maximum Medical Improvement in a Workers’ Compensation Case?

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

Are Bicyclists Considered Drivers if They Ride on the Street?

Posted on by

Are people on bikes considered drivers or pedestrians if they are riding in the street rather than on the sidewalk? When attributing fault for an accident, does this distinction matter? And is it legal for them to block traffic? If you were recently injured by a negligent cyclist as a driver or pedestrian, you will want to know this information and more.

Continue below to learn what most state laws say about bicyclists’ rights on the road, as well as what you should do if you were injured in a related personal injury accident that was not your fault.

Indianapolis IN Bicycle Accident Lawyers
Indianapolis IN Bicycle Accident Lawyers 317-881-2700

Understanding a Bicyclist’s Rights on the Street

If a bicyclist was riding recklessly, whether in the street or through a crossing, and they caused you to have a car accident, it is complicated to know whether or not they will be considered a driver or pedestrian when it comes time to assign liability. It is important to speak with a licensed personal injury lawyer who can explain the laws surrounding such situations, and how they are applied in the case of an accident claim. The truth is that cyclists’ rules and rights are positioned in a cloudy area of the law. Most states leave it up to their local municipalities to make and uphold such laws, which tend to further muddle the distinction between a cyclist being a pedestrian or driver.

However, even with the freedom of creating their own laws for bike riders, most jurisdictions remain in agreeance with the Uniform Vehicle Code, which states that those operating bicycles on the street are subject to the same traffic rules and responsibilities as those operating motor vehicles, and therefore, are considered drivers themselves, except where the law says otherwise.

Bicycles are Typically Viewed as Vehicles

The universally-accepted principal among most municipalities is that a bicycle is a type of a vehicle, so anyone operating a bicycle on the street is considered a driver. Some states actually mandate that bicycles have license plates if they are to be ridden on the road, while others require helmets or even a registration. In all states, it is illegal for anyone to ride a bicycle on the freeway or interstate, unless there is no other alternative route.

Cyclists Must Stay Right and Ride in the Same Direction as Traffic

Most states have provisions in their statutes that decree how far to the right a bicyclist should be when riding on the road. Although many people misread the statute and assume that it says riders should stay as far right as possible, it really says to say as far right as practicable. Furthermore, bike riders are required in most states to ride in the same direction as traffic, with a few exceptions, such as cross-traffic turns or to avoid a hazard.

Injured By a Negligent Bike Rider?

Bicyclists are not often considered pedestrians in the case of an accident that results in a personal injury. They do not usually have the right-away on crosswalks like those on foot do, and they can be held liable in the case that their carelessness causes a car accident, or some other type of serious accident. If you or your loved one recently suffered serious injuries after being involved in a car accident caused by a irresponsible cyclist, get in touch with an Indiana car accident injury lawyer right away.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a certified and skilled personal injury lawyer if you were injured in a car accident caused by a bike rider in Indiana. We are well-versed in Indiana bicyclist liability laws, and can ensure your rights to being compensated are fully-protected, and most importantly, upheld. Our Indianapolis car accident attorneys will obtain the maximum settlement or verdict for your personal injury claim, regardless of the size or scope of your accident.

Ready to get started on your financial recovery after a bicycle accident in Indiana? Contact us soon to schedule a free case evaluation, which can be held via phone, video conference, or in-person at our Indianapolis law office. Act fast to preserve your rights, before the statute of limitations runs out on your claim.

You Might Also Like:

Bicyclists and Drivers: Who’s At Fault in the Case of an Accident?
Is it Expensive to Hire an Accident Attorney?
How to Make Your Own Bicycle Safety Kit

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

Facts About Lost Wages in a Personal Injury Claim

Posted on by

There are many types of damages and losses a personal injury victim can incur as a result of their accident and subsequent injuries. But one of the most common types of losses experienced by accident survivors is lost wages. When a person is seriously injured, they often lose time at work due to frequent hospital or doctors’ visits, or miss work entirely because they are unable to perform their work duties. Without a steady paycheck, accident victims then go on to suffer other types of financial losses, such as house bills and car payments.

For this reason and more, it is important for wrongfully injured victims to recover the full and fair compensation they rightfully deserve, including damages for lost wages. A personal injury lawyer can help you obtain the maximum settlement or verdict for your accident claim if you lost past, current, or future earnings as a result of another’s negligence.  

Continue below to learn more about lost wages, including how to prove them in a personal injury case and where to find skilled personal injury representation near you.

Indianapolis IN Personal Injury Law Firm 317-881-2700
Indianapolis IN Personal Injury Law Firm 317-881-2700

Recovery After an Accident

Because injuries vary so greatly, so does the spectrum of recovery times. One person might recover within a few weeks, and able to return to work while they finish healing, while another person might spend years in recovery. Some personal injury victims never fully recover and lose their ability to work altogether. In all cases and scenarios, wrongfully injured victims deserve to be compensated for their lost income, as well as a wide range of additional damages, such as medical expenses, hospital bills, pain and suffering, mental and emotional anguish, permanent or partial disability, and much more as it pertains to the case.

Types of Lost Wages and Proving Them

There are various types of earnings a personal injury victim can lose out on, whether the victim is the actual injured person or a spouse or family member. The most common types of lost wages awarded in personal injury cases include hourly wages, overtime, sick leave, vacation days, bonuses, company perks, and benefits (i.e. insurance, social security, pension, etc.).

With so many kinds of wages paid to injured workers, it is necessary to prove such incomes with concrete evidence. The most common pieces of evidence used to prove a victim’s lost wages include pay stubs, tax documents, W2’s, a letter from the employer verifying a worker’s wages, a doctor’s note stating an employee cannot work, medical records, expert testimony, and basic data about their work schedule and weekly hours. If a victim is self-employed, their business’s banking records would be presented.

Future Lost Wages

Not only can personal injury victims possibly collect compensation for past and current lost wages, but they may also qualify to collect compensation for future lost earnings as well. This type of personal injury claim is referred to as a loss of potential to earn, and is often awarded in personal injury cases when a victim’s injuries are sustaining, rendering them unable to work for the foreseeable future. They are compensated for all projected future earnings, including pay raises, promotions, bonuses, overtime, and benefits.

Do you want to learn your eligibility for collecting compensation for lost wages after being wrongfully injured in an accident? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned personal injury lawyer in Indianapolis, Indiana.

You Might Also Like:

Can I Recover Compensation for Lost Wages After My Personal Injury Accident?
How to Recover Lost Wages After Suffering a Personal Injury in Indiana
Will I Be Compensated for PTO and Sick Days in My Personal Injury Claim?

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

How the Law Holds Property Owners Accountable for Negligence

Posted on by

Premise Liability Law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people that are on their premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Continue reading to learn more about premise liability law, and how it protects you against being wrongfully injured by a negligent store or property owner.

Indianapolis IN Accident Lawyers
Indianapolis IN Accident Lawyers 317-881-2700

What is Considered One’s Premises?

Property premise is defined as inside and outside the property, including sidewalks and access property. Such cases of premise liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more.  More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, unlevelled sidewalks, restaurant food poisoning, and bonfire accidents.    

Premise Liability Organizations

Important organizations related to premise liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC).  These associations have dedicated years of combined efforts to reform the law and rights of injured individuals.  The American Tort Reform Association was created in 1986.  The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness. 

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world.  But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance.  Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals. 

Talk to an Experienced Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away.  Depending on the circumstance of your case, you may have a valid legal claim for compensation.  You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more. 

Were you injured on someone’s property because they were careless? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned personal injury attorney in Indianapolis, Indiana. We also specialize in slip and fall accident cases.

You Should Also Read:

A Store’s Obligation to Maintain Safe Premises
What is Premise Liability?
How Do I Sue a Store for My Injuries?

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

Discussing Personal Injury Protection (PIP)

Posted on by

In the past weeks, we have discussed several facets of personal medical insurance coverage and liabilities, including medical payments coverage, personal umbrella policies, and personal injury protection. We mentioned that Indiana is a tort state, so additional insurance policies like the aforesaid are not mandatory by law. Nonetheless, they are wise insurance policies to purchase. Continue reading to learn more about personal injury protection (PIP) and how it relates to auto accident insurance coverage.

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

PIP Insurance Coverage

Personal injury protection insurance is a type of medical payments coverage for drivers and passengers who are injured in a motor vehicle accident. Under this policy, all or a portion of medical expenses and hospital bills (driver and passengers) are paid for no matter who is to blame for an auto accident. No-fault accident states require this type of insurance coverage, but Indiana is not a no-fault state, it is a tort state. For this reason, Hoosiers are not obligated by law to obtain PIP coverage to legally operate a vehicle.

Although most Indiana car insurance policies have a degree of medical expense coverage, and some medical insurance policies cover auto accident injuries, many drivers can benefit from additional coverage by purchasing a PIP plan. If medical expenses exceed insurance coverage limits, a person must pay out-of-pocket for the remaining bill. With a PIP plan, these superlative expenses are covered for both the driver and their passengers.

Conclusion

PIP plans can vary in deductibles, pay limits, and coverage. Depending on the state you live in and the type of coverage you choose, your policies details may vary from another’s. Personal injury protection insurance can cover medical and hospital bills, disability benefits, lost wages, and in some cases, even death benefits. Call your medical insurance carrier to inquire more about PIP coverage options in your state.

Injured in an Auto Accident?

If you were recently injured in a motor vehicle accident that was no fault of your own, contact a car accident attorney for information about your legal rights. You may be entitled to certain compensation for your damages and losses.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about car accident injury claims in Indianapolis, Indiana. Personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions about filing a car accident injury claim in Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you.