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.

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

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.

Company Car Accident Lawyer Indianapolis Indiana 317-881-2700

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.

Do I Have to File a Personal Injury Claim if I Am Hurt in an Accident?

Posted on January 28, 2022 by admin

Merriam-Webster Legal Dictionary defines a personal injury as, “harm to one’s body, mind, or emotions broadly.” A personal injury typically results in a wide range of damages and losses, like medical bills, hospital bills, lost wages, pain, suffering, and more. Although it is not required by state or federal law to file a personal injury claim after being injured physically, mentally, or emotionally, there are many cases in which a victim should do so.

Continue below to learn under which circumstances an accident victim might want to make a personal injury claim, and how to get started on your own in Indiana.

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Personal Injury Claims are Not for Property Damages

Merriam-Webster Legal Dictionary further defines a personal injury as, “an injury that is not to one’s property.” This is important to note. Personal injury claims do not include property damages, such as automotive repair or damaged personal belongings after a car accident. Personal injury claims are solely meant to recover compensation for physical, mental, or emotional damages. However, a person who suffers a personal injury may also make a claim for property damages if need be.

Additionally, personal injury claims are reserved for those who are wrongly injured or killed by another liable party, either as a result of a negligent action or inaction, or an intentional act. Those who lost a family member due to the negligence of another may recover damages in a personal injury wrongful death claim. In such cases, a personal injury claim would be beneficial to a victim’s quality of life, now and in the future.

The most common types of personal injury cases are auto accidents, drunk driving accidents, motorcycle accidents, large truck accidents, slip and fall accidents, medical malpractice, construction accidents, workplace accidents, child injuries, defective products, and wrongful deaths.

When to Pursue a Personal Injury Claim

Why is it a good idea to file a personal injury claim after being injured in a wrongful accident? Personal injury survivors experience a wide range of stressors after their accident, including an influx of insurance claims, financial obligations, pain-and-suffering, and much more. This level of stress is heightened even more so for personal injury victims who are the primary wage earners or sole caretakers of their family. During this time, one’s sole focus as an injured victim should be to heal; not deal with these pressures and concerns.

Under these common circumstances, it would be considerably advantageous to file a personal injury claim. You can focus solely on your recovery, plus obtain compensation for your damages and losses caused by another person’s failure to use reasonable care. The first step in the legal process is to contact a trusted and experienced Indiana personal injury law firm. They have the knowledge, skills, resources, and drive to obtain the best possible outcome for your case.

Hiring an Attorney for Your Personal Injury Case

Many accident victims wonder if they need to hire an attorney to represent their case or if they can just represent themselves. Hiring a personal injury lawyer to represent your accident case is vital. You never want to represent yourself because insurance companies and large corporations will use every resource in their power to diminish the value of an accident claim. Such parties are extensively outfitted, and therefore, successful at doing so against those representing themselves.

A seasoned Indiana personal injury attorney will know how to combat all of the questionable strategies used by insurance adjusters and corporations, and ultimately ensure that you recover the maximum settlement or verdict for your claim.

Were you or your loved one wrongfully injured in an 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 a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Evidence That Can Be Used in a Personal Injury Car Accident Claim

Posted on January 18, 2022 by admin

Serious car accidents generate serious damages and losses for wrongfully injured victims. Factors like hospital bills, medical expenses, and missed work can leave a car accident survivor drowning in out-of-pocket costs and payment responsibilities. Managing post-accident debt or financial struggles while physically and emotionally suffering and recovering from injuries makes the legal process even more stressful and confusing for car accident victims.

Sadly, car accident victims must fight for their rights to being fully compensated by the at-fault driver’s insurance company, especially since insurance companies always fight to pay out as little as possible. In order to do so, they will have to prove their losses by providing evidence to support their claim.

Continue reading to learn some examples of evidence that can be used in a personal injury car accident claim, plus how to ensure your case is successful.

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Personal Injury Evidence for Car Accidents

When it comes to recovering a settlement for your damages and losses after being injured in a car accident that was not your fault, it is important to understand that you, the claimant, hold the burden of proof. This means you are responsible for proving the extent of your damages and losses, including your medical bills, related medical expenses, missed paychecks at work, and so forth.

Although some of these are evidence in and of themselves, there are other types of evidence you will need to gather and have available for your Indiana car accident lawyer in order to prove your personal injuries and recover a settlement that is appropriate for your claim. It is vital to hire a skilled and qualified personal injury law firm to represent your case. They will have the knowledge and resources to gather all available kinds of evidence relevant to your case and recover the full and fair settlement you deserve for your damages and losses.

Approved Forms of Car Accident Evidence

Personal injury evidence that works well to support a victim’s claim are tangible, certified, quantifiable, and official. These can be things like records, documents, videos, photos, witness statements, interrogatories, depositions, and more.

Police Reports

In a recent blog, we discussed the importance of always making a police report after car accident. A police report is one of the most useful types of personal injury evidence because it is written objectively by a trusted and qualified authority. It helps to prove fault in a car accident, plus confirm other details of an accident that are pertinent to an injured victim’s personal injury claim. Police reports and car accident reports are important records to have in a personal injury case, regardless of which side you are on.

Medical Records and Payment Receipts

Along with police and car accident reports, more critically important types of personal injury evidence to organize and gather for your case are medical records and medical payment receipts. Not only do you need to prove that your injuries are legitimate, and you’ve been taking the responsible actions to have your injuries treated by certified medical professionals, but you also want to demonstrate that you been paying out-of-pocket for your medical expenses and hospital bills. Your medical payment receipts will be a quantifiable catalog of evidence that you can apply to your case to prove your damages.

Videos and Photographs

Scene of the accident evidence is also important in a personal injury car accident case. Videos and photographs of the surrounding road and landscaping, street signs, property damages, vehicular damage, physical and visible injuries, and anything else related can be useful for proving an injured victim’s car accident claim. Another type of video evidence commonly used in personal injury car accident cases is surveillance video. Local gas stations, retail stores, shopping centers, and office buildings that are equipped with 24 hour surveillance can catch accidents in live action.

Injury and Property Damage Documentation

As just described, documentation of the scene of the accident is important evidence to have a personal injury car accident case. Injury documentation can include pictures and videos of your physical injuries or related struggles, as well as your medical records and hospital bills. Property damage documentation will include police report, pictures of vehicular damage, and appraisals for repair or replacement of the damaged vehicle.

Eyewitness Testimonies

Another type of personal injury car accident evidence is eyewitness testimony. Therefore, it’s important to gather contact information from onlookers who saw your car accident. This includes their name, address, phone number, email address, and if willing, even their place of employment. Witnesses can provide testimony to support your damages and losses following a wrongful car accident. Expert witnesses, like accident reconstruction specialists, engineers, physicians, and similar professionals, may also be asked for their testimonies. Your lawyer will determine if expert witnesses are necessary for your claim.

Interrogatories and Depositions

Personal injury witness testimony does not always stop at eyewitnesses and reconstruction specialists. In some car accident cases, lawyers will use interrogatories to get information, truthful information under oath, from the other driver in the accident. This is considered a type of witness testimony used as evidence in a personal injury car accident case. Depositions are another form of out-of-court testimony approved as reliable evidence in an accident case. They are given under oath, plus recorded by a court transcriber.

Talk to a Personal Injury Lawyer in Indiana

Keep in mind that every personal injury case is different, and not all forms of car accident evidence will be approved as proof of a claimant’s damages. Again, this is why it’s important to have a seasoned Indiana car accident lawyer working your case; they know exactly how to identify the best types of personal injury evidence for a victim’s claim and apply it to the best of their benefit.

Are you an injured victim of a wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with a skilled car accident attorney and discuss your rights to pursue legal action against the at-fault driver. We represent clients all throughout the state, and there is no need to travel. We can hold consults over the phone or via online video conference.

Information You May Be Required to Give in a Personal Injury Deposition

Posted on December 31, 2021 by admin

Personal injury depositions can feel intimidating, to say the least. But with responsible planning, you can face your personal injury deposition with poise and confidence. Always consult with your trusted attorney for deposition advice and guidance. They have the knowledge and resources to ensure you are ready for whatever questions you might be asked.

In fact, continue below to learn some common topics discussed in personal injury depositions to better prepare for the interview process. By knowing what information might be expected of you, you can ease your anxiety and put your best foot forward.

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Personal Injury Depositions

Putting in the groundwork for being deposed involves reviewing the common questions asked during a deposition and preparing your answers accordingly. Not only should you practice and review your answers for your personal injury deposition, but you should also review your answers to any accident reports filed, medical bills, recorded statements, interrogatories, adjuster interviews, and any other legal documents or filings you made with the court.

Common Deposition Questions for Accident Cases

There are various topics that might be discussed at a personal injury deposition. Common questions tend to range from general data like background information and contact information to more specific questions, such as one regarding your accident and injuries.

General Background Information

The initial part of a personal injury deposition is used to cover general information from the person being deposed. Such questions will generally involve topics like employment, employment history, place of residence, residence history, marital status, number of dependents, previous legal matters, insurance claim history, criminal history, medical history, health status, and more.

Accident and Injury Information

A personal injury deposition will eventually switch gears and dive into more specific topics of discussion, namely focusing on the accident and injuries. While being deposed, you can expect questions about the details of the accident, including your involvement, the accident site, police reports, car accident reports, mental state, health condition, and so forth. In the case of a motor vehicle accident, they will want to know the condition of your car prior to and following the accident, as well as the conversions you had with the other parties involved at the scene.

You will also face questions regarding your injuries, including the extent of your injuries, your physical limitations as a result of being injured, how your injuries are affecting your daily life, which doctors you’ve seen, how many appointments you’ve had, who referred you to each doctor, the types of treatments you’ve received, the status of your medical bills, and similar questions.

Are you looking for qualified and trustworthy personal injury guidance 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. Our seasoned attorneys can meet with you over the phone or computer, or in-person at our Indianapolis law office.

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

Do I Have to Make a Police Report After a Car Accident?

Posted on December 28, 2021 by admin

You Should Always Make a Police Report After a Car Accident

Many people assume that the first step to take after a car accident is to contact their insurance company. But depending on the details surrounding the accident, in most cases, the first call to make is to the local police. Filing a police report after a car accident is one of the most responsible protections you can take. Having such documents on record can better streamline the claim and settlement process.

Continue reading to learn what you need to know about making a car accident report in Indiana, including who to contact if you were seriously injured by a negligent driver.

Indiana Laws and Procedures for Car Accident Reporting

In many cases, the law allows drivers to decide on their own if they want to contact the police after a car accident. In more serious cases, the law mandates that law enforcement is called to the scene. These laws and regulations vary among states. Here in Indiana, drivers are required by law to contact local law if certain conditions exist.

Indiana drivers involved in a car crash must call the police to report the accident if:

…the property damage is $1,000 or more.
…anyone dies or suffers an injury.
…the insurance carrier requires it in all cases.
…the other involved vehicle is unattended.
–Indiana Code § 9-26-1-1.1

Failing to make a police report after a car accident that meets these car crash reporting rules can possibly result in criminal penalties, as well as vehicle registration revocation, fines, and loss of driving privileges.

How to Make a Car Accident Report in Indiana

It is always best to report all car accidents to the police as this will allow you and your insurance carrier to obtain necessary documentation and information regarding both drivers. You should call 911. You can also contact the local police department or sheriff’s office in the municipality of your accident and sometimes they will have non-emergency numbers you can call to have an officer come out and make a report.

Following a police report, you would contact your insurance company to commence the claims process. Within 10 days’ time of the accident, you and the other driver or vehicle owner are required to have your respective insurance carriers electronically file a Certificate of Compliance with the Indiana BMV, which verifies that both parties have state minimum insurance coverage. Failure to do this can result in your driver’s license being suspended for a time.

The Importance of Making a Police Report After a Car Accident

Making a police report at the scene of a car accident is important for many reasons, whether the law mandates it for your particular incident or not. This is especially true for car accidents that result in bodily injury. For starters, your injuries may not manifest until later. These are known as late-appearing car accident injuries or an onset of symptoms. Delayed onset of symptoms is very common.

Additionally, your property damages might be more severe than you expected them to be, or worse, the other party involved could make false claims against you in an effort to evade liability for the accident. This is especially frustrating when you are not at fault in causing the car accident. Police reports can protect you from such complexities that can occur during the car accident claim process.

After being involved in a car accident in Indiana, not only is it encouraged to call the police to the scene so the officer can do his own police report, but it is also recommended to make your own car crash accident “report”. Do this by collecting the following information:

❒ Full Contact Information (Drivers and Passengers)
❒ Drivers’ License Number
❒ Car Insurance Details
❒ License Plate Number
❒ Photos of the Scene
❒ Photos of Registrations, Insurance Cards and Drivers Licenses
❒ Photos of Property Damage (both parties)
❒ Witness Contact Information
❒ Office Names and Badge Numbers

What To Do After Being Injured in a Car Accident That Was Not Your Fault

If you were injured in a car accident that was caused by the negligence or recklessness of another driver, you could be entitled to compensation for your damages and losses. Damages and losses may include hospital bills, medical expenses, property damages, lost wages, prolonged physical therapy, disability, pain-and-suffering, and much more. It is important to consult with the season Indianapolis personal injury lawyer to determine if your case is worthy of pursuing legal action against the other party involved in your car accident.

Have you been seriously and wrongly injured in a car crash in Indiana? You deserve aggressive legal representation to ensure you receive the maximum compensation for your damages. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a seasoned Indianapolis car accident attorney, today. We represent injured persons throughout the state of Indiana.

Can I Make an Injury Claim With My Gym’s Insurance Company for a Slip and Fall Accident?

Posted on December 7, 2021 by admin

Gym and fitness center memberships are a luxury expense; therefore, it is understandable that members expect a certain standard of professionalism and client support. That includes their own safety. After all, people go to the gym to improve their health, not harm it. So, when a wrongful accident happens, clients can feel betrayed.

One of the most common types of gym accidents are slip, trip, and fall accidents. From defect equipment and negligent staffing to inadequate facility maintenance, structural integrity negligence, poor security, and more, there are all kinds of ways a fitness business can expose clients to hazardous slip and fall conditions as a result of negligence.

If you were recently injured at the gym after falling because the gym was negligent, it is important to learn your rights to obtaining compensation to cover your related damages and losses. Continue below to learn how to bring about a slip and fall accident claim against a negligent gym or fitness center in Indiana.

Gym Accident Injury Lawyer Indiana 317-881-2700

Gym Liability Basics

Is your gym liable if you fall and seriously hurt yourself on their premises? The answer depends on the specific factors of the accident. Waivers or membership agreements can sometimes play a central role in fitness studio and gym liability. But does signing a gym waiver also sign away your rights to compensation following a gym accident? Again, the answer will vary depending on the details of the event.

Most gym liability waivers do have language in them that attempts to void their liability in the case that a member is hurt on their premises. But just because these waivers state that members cannot sue the gym following an accident, such waivers are not always enforceable in a court of law.

Common Types of Gym Waivers:

▷ Total Liability Waiver – Total waiver of liability agreements are written to relieve a gym of all legal responsibility in the case of a member accident. Many courts tend to find these extensive waivers overly broad, and therefore, unenforceable in a lawsuit.

▷ Waiver For Negligence – These waivers are designed to free a gym of liability in the case that a member is injured on their premises due to gym or staff negligence. Although these are generally enforced in a court of law, there are many exceptions in which they are not.

▷ Intentional Acts Waiver – Also called a waiver for intentional acts, this type of liability agreement is meant to rid a gym of any legal liability in the case that a member is injured due to intentional acts of negligence, reckless, or egregious misconduct. Very often, these waivers are not enforced in a personal injury lawsuit.

Premises Liability Law in Indiana

In all states, property owners, including all businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, and this includes fitness studios and gyms. Gym and fitness centers are expected to use a high level of caution to make sure their property is safe for all.

Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas. If a gym neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim and their insurance company would have to pay any verdict or settlement.

It is critical that you speak with a seasoned Indiana personal injury lawyer about pursing a premises liability lawsuit against a negligent gym after being injured on their property in a slip or fall accident. Time is of the essence, so act fast before any evidence is lost to support your case.

Are you a recent gym accident victim looking for seasoned legal representation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall accident attorney in Indianapolis, Indiana. We represent injured persons throughout the state.

Who Do I Sue After Being Injured By a Semi-Truck?

Posted on November 30, 2021 by admin

Big truck accidents are far too common. Not only do they happen quickly, they also tend to result in severe property damages and bodily injuries. If you have been seriously injured in a car accident because of a negligent semi-truck driver or trucking company, protect your rights to a full and fair financial recovery by speaking with a large truck accident lawyer in Indianapolis as soon as possible. They can help you understand truck accident liability and determine the best approach to recovering the maximum settlement for your damages.

Continue reading to learn some facts about truck accidents, including who is usually liable and how to get started on your Indiana injury claim.

Semi Truck Accident Lawyers Indianapolis Indiana 317-881-2700

Truck Accident Liability in Indiana

In most cases of motor vehicle collisions caused by large trucks, such as semis and Landolls, the trucking company is liable for the injured victim’s damages and losses. Most large truck drivers and operators are employees who work for a trucking company, but some are independent contractors known as owner operators. Either way, if a truck driver is negligent and their negligence causes a car crash that harms the driver and/or passengers, the trucker and their employer will be held legally responsible. In any event, any settlement or verdict would be paid by the defendant’s insurance carrier.

Thanks to a doctrine known as respondeat superior, all employers are accountable for their employee’s negligence. So, if a negligent truck driver causes a serious accident, the trucking company they work for would be sued, and the trucking company’s insurance plan would pay the settlement to the victim or victims.

But what about owner operators; you ask? Well, thanks to Federal regulations, all trucking companies are responsible for their employee’s negligent acts, even if they are contracted out. So, if an independent trucker is hired to carry and transport a load for a trucking company, the trucking company would be liable in the case of a negligence act or accident.

Warning to All Truck Accident Victims

If you or your loved one was recently injured in a car crash that was caused by a negligent or careless trucker, it is critical to understand that the trucking company’s insurance carrier is not your friend. Their primary role is to pay as little as possible to accident survivors.

For this reason, it is vital to hire a seasoned personal injury lawyer to represent your trucking company accident claim in Indiana. Act now, however, before evidence is lost to support your claim, or time runs out to file.

Not sure which personal injury law firm to trust with your financial recovery in Indiana? Skip the search and go straight to the esteemed and trusted professionals and associate legal teams at the Law Office of Craven, Hoover, and Blazek P.C.! Contact us at 317-881-2700 to schedule a free case evaluation with a seasoned truck accident lawyer, today. No need to travel, as we can hold meetings over the phone or via online video conferencing if needed.

Can I Receive Personal Injury Compensation Without Filing a Lawsuit?

Posted on November 19, 2021 by admin

In many personal injury cases, surviving victims will file a lawsuit to obtain compensation for their resulting damages. There are many reasons for filing a lawsuit soon after a person is injured as a result of negligent conduct of another. There are time limits set to make your injury claim or you lose your right to. Filing a lawsuit also allows the attorney for the injured party to obtain evidence that they would not be able to obtain without filing a lawsuit.

However, suing is not the only legal recourse for recovering a personal injury settlement after a wrongful accident. Continue reading to learn three alternatives to suing for compensation after being injured in an accident that was not your fault.

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Personal Injury Lawsuits

There are many reasons why a personal injury victim or survivor might wish to avoid a lawsuit. Perhaps they want to evade additional fees and expenses incurred in the legal process; or maybe they just don’t want to experience any level of legal contention or confrontation.

Regardless of why you are interested in the possible alternatives to suing for compensation after a wrongful accident, the most important focus should be choosing the approach that has the best chance of success for your specific case. In order to do this, you must consult with a seasoned Indiana personal injury lawyer.

Alternatives to Suing for Personal Injury Compensation

► Filing a Claim

In cases of accidents with injuries, you may have the option to file a formal claim within the company or store responsible for your damages. They may have a claim-and-compensation procedure that is standard within their business model. You would simply fill out a form filing the claim and requesting compensation. You should not do this without consulting an attorney and it is best to have the attorney do this on your behalf in any event.

For wrongful accidents that happen within government buildings, it is standard to file a government tort claim within the applicable agency. If the government agency denies your claim for compensation, you could then pursue legal action by filing a lawsuit. To pursue a claim against a governmental agency, you must first file a tort claims notice in Indiana and there are very strict guidelines for what the tort claims notice must say and when it must be filed by so you should hire an attorney to do this.

Injuries that happen at work or on the clock while performing work-related duties are filed under a workers’ compensation claim. If the workers’ compensation claim is denied or inadequate, injured workers could take legal action by filing an Application for Adjustment of Claim with the Indiana Worker’s Compensation Board. Again, you should obtain an attorney as soon as possible after the injury occurs.

► Request Compensation Through Your Own Insurance Carrier

You may have the option to contact your own insurance carrier and request compensation for things like medical expenses, hospital bills, and subsequent expenses that you are paying for out-of-pocket because of your accident if you had what is called medical payments coverage. Since the legal process of filing a lawsuit and receiving a settlement can take months or even years, it is quicker to get your medical bills paid by filing a claim with your own insurance company. This will also keep your own medical providers from seeking payment for your medical services from you.

Your insurance company may provide you with compensation and then when you obtain a settlement with the at-fault party’s insurance company, you would reimburse your own company. You should always hire an Indiana personal injury attorney to ensure that you are fully compensated for your damages and losses following a wrongful accident.

► Your Attorney Can Send A Demand Letter

Another alternative to filing a lawsuit is to simply advise the defendant’s insurance company that you will be filing a lawsuit if a fair settlement cannot be reached. It is best to hire a personal injury lawyer to write your demand letter and represent you even if you are not filing a lawsuit. Negotiations and compensation mediation can be complex even without a judge and jury, so it is imperative to have adept legal representation to ensure you receive the full and fair settlement you deserve for your damages and losses.

Are you looking for personal injury lawyer to represent you in a current accident case? 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, India n a. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana.

Can I Sue if the Airbags Did Not Deploy in My Car Accident?

Posted on November 5, 2021 by admin

If you were recently severely injured in a car accident that was not your fault, and the car airbags did not deploy, you may be wondering if you have any legal recourse against the manufacturer of the automobile or the airbags themselves. Continue reading to learn what you need to know about filing suit against an automotive manufacturer for defective airbag systems that did not work in a car accident that you are seriously injured in.

Airbag Car Accident Lawyer Indiana 317-881-2700

Defective Airbag Systems

Airbag systems are standard in most modern vehicles. Although they are designed to save lives and significantly reduce injuries to drivers and passengers, airbags are not always 100% reliable. When automotive airbag systems fail to deploy or deploy defectively in a motor vehicle collision, injured victims may have a valid product liability claim if they suffered damages as a direct result of the product defect. In a typical car accident situation, the legal recourse would be pretty straightforward: the injured victim would file a personal injury claim with the at-fault party’s insurance company, and with success collect compensation for their damages and losses.

However, some car accidents are more complex than this. Sometimes, third-party car accident injury claims can have more than one at-fault party to blame for the accident, like in the case of a multi-car accident or automotive manufacturing defect. More specifically, when defective airbag systems fail to do their job, and as a result, a driver or passenger is severely injured more so than they would have been had the airbag deployed and done its job.

Product Liability Lawsuits

In the case that an injured driver or passenger suffers damages and losses as a result of another driver’s negligence, they could file a claim with that driver’s insurance company to collect compensation for medical expenses, hospital bills, lost wages at work, pain-and-suffering, property damages, and much more.

However, if during the accident the airbags did not deploy or deployed wrong because of a manufacturing defect, and as a result the driver or passenger was injured more severely, they could also potentially pursue a product liability lawsuit against the automaker or the manufacturer of the airbag system in addition to their car accident injury claim. In order to do this though, you would need evidence that the airbag was defective.

Most common kind of product liability lawsuits involving airbag systems:

▷ Design Defects – Before the manufacturing process can begin, the design phase must take place. Sometimes, especially in the case of defective airbag systems, the design of a product is flawed, which can lead to product liability lawsuits.

▷ Manufacturing Defects – Manufacturing defects are one of the most common types of product liability cases within the airbag and automaker industry. Although the design of the product may be sound, negligence can occur or mistakes can be made in the manufacturing process, which later can cause defective airbag operation.

▷ “Failure to Warn” Negligence – Manufacturers have a duty of care to warn consumers of any foreseeable dangers and hazards with their products. When it comes to airbag systems, some product liability cases arise because the airbag manufacturer failed to place a warning on the airbag against children sitting in the front seat of vehicles.

Are you a victim of a wrongful car accident or defective product 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 with a seasoned Indianapolis accident lawyer you can trust. We represent clients throughout the state of Indiana.