Filing a Personal Injury Claim for Your Child: A Guide for Indiana Parents and Guardians

Posted on July 9, 2024 by admin

When a child suffers an injury, it can be a heart-wrenching experience for any parent or guardian. Besides the immediate concern for your child’s well-being, there are often significant medical expenses and long-term implications to consider. This is where filing a personal injury claim becomes crucial.

Understanding how to file a claim can help ensure that your child receives the necessary care and compensation for their injuries. In this guide, we’ll walk you through the entire process, from identifying common injuries to consulting with a personal injury attorney.

Call 317-881-2700 to Get in Touch With Our Skilled Child Injury Lawyers Near Indianapolis

Types of Personal Injuries Common in Children

Children are naturally curious and energetic, which sometimes leads to accidents and injuries if there is not proper supervision. Knowing the types of personal injuries that are common among children can better prepare you for potential situations.

Playground Injuries

Playgrounds are a common spot for children to get injured. Falls from playground equipment can result in broken bones or concussions. It’s essential to keep an eye on the child and ensure they are playing in a safe environment.

Car Accidents

Children are often passengers in vehicles, making them vulnerable in car accidents. Injuries can range from minor cuts and bruises to severe spinal injuries. Always make sure your child is securely fastened in a car seat or seatbelt appropriate for their age and size.

Sports-Related Injuries

Participating in sports is great for a child’s development but can also lead to injuries like sprains, fractures, and concussions. Proper training, equipment, and supervision can help minimize these risks.

Pedestrian Accidents

Children are more likely to be involved in pedestrian accidents, whether due to their small size, lack of proper driving by the at-fault party, etc… Whether on bike or foot, these high-impact accidents can result in severe injuries such as broken bones, head trauma, or even death.

Defective Products

Children’s toys, equipment, and other products may sometimes have defects that can cause injuries. It’s crucial to carefully inspect these items and follow age recommendations before letting any child use them.

Steps to Take After Your Child’s Injury

If your child has suffered an injury due to someone else’s negligence, here are the steps you should take:

Seek Medical Attention: The first step after any injury is to seek medical attention immediately. Even if the injury seems minor, it’s essential to get a professional assessment to ensure there are no underlying issues.
Document Everything: Keep a record of all medical bills, doctor’s notes, and any other relevant documents related to your child’s injury. This information will be crucial when filing a personal injury claim.
Consult with an Attorney: It’s always best to consult with a child injury attorney before proceeding with a claim. They can guide you through the process and ensure that your child receives fair compensation for his or her injuries.
File a Claim: With the help of your attorney, file a claim against the responsible party or their insurance company. This will involve providing evidence and negotiating for a settlement.
Consider Settlement Offers Carefully: If the responsible party or their insurance company offers a settlement, make sure to carefully consider it with your child injury lawyer. It’s important to ensure that the settlement covers all current and future medical expenses related to your child’s injuries.

Child Injury Claim Filing Process

Filing a personal injury claim for a child involves several legal steps. Understanding this process can make it less daunting.

Gathering Evidence and Documentation

The first step in filing a claim is gathering all necessary evidence and documentation. This can include medical records, witness statements, contact data for involved parties and photographs of the injury and accident scene. Proper documentation strengthens your case and increases the chances of a favorable outcome.

Statute of Limitations for Child Injury Claims in Indiana

In Indiana, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, for injuries involving minors, the statute can potentially extend until the child turns 20. Knowing this timeline is crucial for ensuring that your claim is filed on time.

The Role of the Parent or Legal Guardian

As a parent or legal guardian, you play a pivotal role in the process. You’ll need to act on behalf of your child, gather evidence, and consult with legal professionals to ensure your child’s rights are protected.

Determining Liability in a Child’s Injury Case

Determining who is at fault is a key aspect of any personal injury claim. Understanding liability can help you document a stronger case.

Comparative Negligence in Child Cases

Indiana follows a comparative negligence system, meaning that fault can be shared among multiple parties. If your child is found to be partially at fault, it could reduce the compensation you receive. However, due to their age, children are often seen as less responsible for their actions so whether or not they can be partially at fault depends on the age of the child.

Potential Defendants in Child Injury Claims

Potential defendants in a child injury claim can vary. They might include negligent drivers, property owners, daycare operators or even manufacturers of faulty products. Identifying the right defendant is crucial for a successful claim.

Compensation in Child Injury Cases

Understanding the types of compensation available can help you seek the full amount your child deserves.

Medical Expenses and Future Care

Medical expenses form a portion of compensation in personal injury claims. This includes immediate treatment costs and future care needs, especially if the injury has long-term implications.

Pain and Suffering

Compensation for pain and suffering is intended to cover the emotional and physical distress caused by the injury. This is often a significant part of the claim, as it accounts for the impact on your child’s quality of life, both past and future.

Special Considerations for Minors

When dealing with minors, courts often take special considerations into account. This includes opening an estate to hold the compensation until the child reaches adulthood, ensuring the money is used for their benefit.

The Importance of Consulting with a Personal Injury Attorney

Navigating the complexities of a personal injury claim can be overwhelming. Consulting with a personal injury attorney can provide valuable guidance.

Finding the Right Lawyer for Your Child’s Case

Choosing the right lawyer is crucial. Look for someone with experience in handling child injury cases and a proven track record. A good attorney will guide you through each step, ensuring you understand the legalities involved.

Common Mistakes to Avoid in Child Injury Claims

Avoiding common mistakes can increase the chances of a successful claim. These include failing to gather sufficient evidence, missing the statute of limitations, and not consulting with a legal professional. Being aware of these pitfalls can help you navigate the process more effectively.

KEY TAKEAWAYS

Understanding how to file a personal injury claim for your child empowers you to protect their rights and ensure they receive the compensation they deserve. By knowing the types of common injuries, understanding the legal process, and consulting with a personal injury attorney, you can make informed decisions to support your child’s recovery and future well-being.

Consulting with a personal injury attorney who concentrates on child injury cases is paramount. Their expertise can provide the support you need to successfully navigate this challenging process.

Was your child seriously injured in an accident that was at the fault of another person or place? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee consultation with a seasoned child injury lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

Navigating the Depths: Understanding Swimming Pool Accident Claims

Posted on June 24, 2024 by admin

Swimming pools are synonymous with fun and relaxation, but they also pose significant risks. Understanding personal injury claims related to swimming pool accidents is crucial, especially for swimmers, parents, pool owners, and anyone who frequents public pools.

In this blog post, we’ll explore the common types of swimming pool accidents, their legal implications, and the steps you should take if you find yourself or a loved one injured. Additionally, we’ll discuss the responsibilities of pool owners and operators to ensure safety and prevent accidents.

Call 317-881-2700 for Help With a Swimming Pool Accident Claim in Indiana

Common Swimming Pool Accidents

Swimming pools can be a hotspot for a variety of accidents, each with its own set of causes and consequences.

Drownings and Near-Drownings

Drowning is one of the leading causes of accidental deaths worldwide, and swimming pools are no exception. A person can drown if they can’t breathe after being submerged in water for too long. According to Centers For Disease Control and Prevention (CDC) statistics, over 4,500 people died due to drowning each year from 2020 to 2022. Near-drowning refers to a situation where someone has almost drowned but survived. This can lead to long-term health issues such as brain damage or respiratory problems.

Diving Injuries

Diving into shallow water or improperly marked depths can lead to severe injuries, including spinal cord damage and traumatic brain injuries. Improper signage and lack of supervision are common causes of swimming pool diving and diving board injuries.

Slip and Falls

Wet surfaces around the pool area are a common cause of slip and fall accidents. These accidents can result in broken bones, concussions, and other serious injuries. The National Safety Council reports that falls are the leading cause of non-fatal injuries in the U.S., and swimming pools are no exception.

Chemical Burns

Improper handling or incorrect chemical balance in pool water can cause chemical burns and respiratory issues. The CDC highlights that exposure to high levels of chlorine can lead to skin irritations and lung problems. They report that between 2015 and 2017, an estimated 13,508 visits to U.S. emergency departments were due to pool chemical injuries, with about one third of these incidents involving individuals under 18 years old. Faulty maintenance and inadequate training are often to blame.

Entrapment Incidents

Entrapment occurs when a swimmer gets stuck on a pool drain due to powerful suction. This can lead to drowning or severe internal injuries. The Consumer Product Safety Commission reports that between 2014 and 2018, there were 11 confirmed entrapment incidents in swimming pools, whirlpool bathtubs, and spas.

Legal Aspects of Personal Injury Claims

Understanding the legal framework surrounding swimming pool accidents is essential for anyone seeking to file a personal injury claim.

Premises Liability

Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. In the context of swimming pools, this means that pool owners could be held liable if an accident occurs due to their negligence, such as failing to maintain the pool area properly or not providing adequate warnings of potential hazards.

There is also the subject of maintaining an attractive nuisance. This refers to the legal responsibility of a property owner to ensure that their pool or other attractive features do not pose a risk to children. Pool owners must take reasonable steps, such as installing fences and gates, to prevent unauthorized access by children.

Negligence

Negligence is the failure to exercise reasonable care, resulting in injury or loss to another person. For swimming pool accidents, this could include inadequate supervision, poor pool maintenance, or not following safety regulations. If someone is injured due to another’s negligence, they may have grounds for a personal injury claim.

Steps to Take After a Swimming Pool Accident

Taking immediate and appropriate action after a swimming pool accident can significantly impact the outcome of any personal injury claim.

Medical Attention and Documentation

The first and foremost step is to seek medical attention. Even if injuries appear minor, it’s crucial to get a professional evaluation. Medical records will be essential for any subsequent legal action. Documenting the scene of the accident, including taking photographs and gathering witness statements, can also be invaluable.

Reporting the Incident

Report the incident to the appropriate authority, whether it’s the pool owner, a lifeguard, or local law enforcement. An official report can serve as crucial evidence in your case. Ensure that the details are accurate and that you keep a copy for your records.

Seeking Legal Advice

If your child or a family member is injured in someone else’s swimming pool, you should know your legal rights. It’s important to document the incident, seek medical attention, and contact a personal injury law firm to explore your options for compensation. Personal injury lawyers who concentrate on swimming pool accidents can provide you with the necessary guidance you need.

They can help you understand your rights, the viability of your claim, and the steps needed to pursue compensation. Legal representation can also handle communications with insurance companies and opposing parties, ensuring that your case is managed professionally.

Pool Safety and Responsibilities

Pool safety is a shared responsibility among pool owners, operators, and users.

Duty of Care for Pool Owners

Pool owners must exercise a duty of care to ensure their pool area is safe for users. This includes regular maintenance, proper signage, and adequate supervision. Failure to meet these responsibilities can result in legal liability if an accident occurs.

Tips for Preventing Swimming Pool Accidents

Prevention is always better than cure. Here are some practical tips for maintaining a safe swimming pool environment:

Regular Maintenance: Ensure that the pool and its surroundings are well-maintained. Check for potential hazards like loose tiles or malfunctioning drains.
Adequate Supervision: Never leave children unattended near a swimming pool. Hiring a lifeguard or ensuring competent adult supervision can prevent many accidents.
Proper Signage: Clearly mark depths and hazards. Inform users of pool rules and safety guidelines.

Promoting Safety

Promoting a culture of safety can go a long way in preventing accidents. Educate your family and guests about pool safety practices, such as not running near the pool, avoiding alcohol consumption while swimming, and knowing basic water rescue techniques. Remember, safety is everyone’s responsibility, so let’s work together to make our pools safer for all.

CONCLUSION

Swimming pool accidents can have devastating consequences, but understanding the legal aspects of personal injury claims can help you seek the compensation you deserve. From knowing common types of accidents to understanding premises liability and negligence, being informed is your first step towards justice.

If your child or loved one has been involved in a swimming accident, don’t hesitate to seek legal advice. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your case and explore your options for filing a personal injury accident claim in Indianapolis. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

The Dangers of Unsupervised Swimming: What Parents Need to Know

Posted on June 20, 2023 by admin

Swimming pools are a great way to cool off in the summer and have fun with friends and family. But parents should always be aware of the potential dangers that can come from unsupervised swimming. Every year, hundreds of children drown or suffer serious injuries due to negligent supervision or premises liability issues related to swimming pools. In this blog post, we’ll discuss what parents need to know about the risks associated with unsupervised swimming and how they can help keep their kids safe while enjoying themselves at the pool.

Call 317-881-2700 to Speak With a Drowning Accident Lawyer in Indiana

Swimming Pool Safety Advice That All Parents Need to Know

Swimming pools can be a source of great fun and relaxation, but they can also be dangerous. When it comes to swimming pool accidents, liability could fall on the property owner or the supervisor of the area. Premises liability refers to the responsibility of a property owner to provide a safe environment for guests. If a pool has hazards or insufficient safety measures, the owner may be liable for any accidents that occur. Negligent supervision also plays a role in swimming pool accidents. Lifeguards and supervisors have the responsibility of keeping swimmers safe and preventing accidents. Failure to properly supervise could result in serious injury or even death.

It is important for pool owners and supervisors to take appropriate safety measures to prevent accidents and ensure the safety of all swimmers. Here are some key considerations:

Understand the Real Risk of Drowning

First, parents need to understand that drowning can happen quickly and silently. It only takes a few seconds for someone to be submerged beneath the water without anyone noticing. That’s why it’s so important for parents to always keep an eye on their children when they’re in or around the pool.

Teach Kids About Pool and Swimming Safety

Second, it is essential for parents to ensure that their children are familiar with swimming safety rules. One of the most important rules is that no one should ever swim alone; there should always be at least one other person present who can monitor activity and provide help in case something goes wrong. Additionally, young children who cannot swim should never be allowed in pools without direct adult supervision.

Look for Pool Hazards and Plan Around Them

Third, it’s important for parents to be aware of any potential hazards in and around the pool. Poor maintenance can create trip-and-fall hazards or lead to water contamination, while poor fencing can allow unsupervised access to the pool area. Parents should also check that there are no broken tiles or other debris on the bottom of the pool that could pose a danger.

Use Age-Appropriate Flotation Devices

Finally, parents should always make sure their children are wearing life preservers when they go near or into a body of water. Life jackets and other flotation devices provide an extra layer of safety to ensure your child is protected if something goes wrong. Be sure to fit your children in the proper sizes when using arm floaties, waist belts, and life jackets. If these flotation devices are too large, kids can slip right out of them.

Hire a Personal Injury Law Firm After a Wrongful Accident

By understanding these risks associated with unsupervised swimming, parents can help ensure their family has a safe and enjoyable time at the pool. However, if you or your child have been injured due to swimming pool accidents or negligent supervision, it is important to seek legal advice on your rights and options moving forward.

A personal injury lawyer who has experience in swimming pool and drowning accidents can provide legal representation and help you protect your rights. They can investigate the incident, gather evidence, and represent you in negotiations with insurance companies and legal proceedings should a lawsuit be necessary. With their experience and knowledge, a personal injury attorney can help you get the compensation you deserve and help try to close this traumatic chapter in your life. Don’t hesitate to reach out for help after a swimming pool accident, and always remember that a personal injury lawyer can make a big difference on whether or not you will attain justice.

Were you or your loved one seriously injured in a swimming pool accident in Indiana or while traveling out of state? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an Indianapolis personal injury lawyer who has experience with claims involving claims for child injuries, premises liability , wrongful death, and more. We represent clients throughout the state of Indiana and Indiana residents injured in other states.

How to Prove Negligence in a Child Injury Case

Posted on April 11, 2023 by admin

No parent wants to think that their child has been injured due to someone else’s negligence. Unfortunately, it happens all too often, and when it does, parents may be able to seek justice by filing a lawsuit against the responsible parties and collecting the judgment from the defendant’s insurance company. But before any legal action can take place, it must first be determined whether or not negligence is present in your case.

In this blog post, we will discuss how you can prove negligence in a child injury case so you can get the compensation your child deserves.

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

3 Important Elements of Proving Negligence in a Child Injury Lawsuit

>Duty of Care

When it comes to child injury lawsuits, the most common form of negligence is a failure to exercise reasonable care. This means that the defendant had an obligation to provide a safe environment for children and failed to do so. To prove negligence in this kind of case, you will need to show that the defendant had a duty of care and breached that duty by either not providing adequate safety measures or by acting in some way that caused your child’s injury.

>Damages

In addition, you must also be able to demonstrate the extent of your child’s injuries as well as any damages incurred due to those injuries. You should have medical records detailing your child’s diagnosis and treatment plan, as well as any medical bills related to their medical expenses. You will also need to provide evidence of any lost wages or other financial losses that resulted from the injury.

>Causation

Finally, you must be able to show that the negligence of the defendant was a responsible cause of your child’s harm. This can be done by showing a “causal link” between the breach in duty and your child’s injuries, which is often supported by expert testimony from doctors and other professionals familiar with your case.

Defining Negligent Supervision

Was your child injured because someone else was not providing proper supervision over them? Negligent Supervision torts involve lawsuits that occur when a child is injured due to someone else’s negligent behavior. This type of tort lawsuit states that the person accused of negligence is responsible for not properly supervising or controlling whatever situation caused the injury to the child. This could be a friend’s parent, babysitter, daycare employee, school staff member, and even a family member.

If a court finds the accused party negligent in providing supervision, then they are legally required to pay damages for any pain, suffering or medical expenses incurred from the child’s injury. These kinds of actions have become more widely accepted as society evolves. The understanding around the responsibility for providing necessary safety nets for children grows even wider with each child injury case.

Common Damages Awarded in Child Injury Cases

Child injury cases are often complex, but they almost always involve the award of some form of compensation in a successful settlement. While the type and extent of damages vary widely from case to case, there are some common types of awards seen in such scenarios. These typically include both economic compensation for hospital bills, medical expenses, and other financial losses related to the child’s injuries, as well as non-economic damages for pain, suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, disability, and more. In addition to such compensatory damages, parents might also seek out punitive damages, which are intended to punish those responsible for their child’s accident and deter similar future behavior.

Hire a Child Injury Attorney to Protect Your Rights

When filing a child injury lawsuit, it is essential to have an experienced personal injury lawyer on your side who understands how to prove negligence in a child injury case. With the help of an experienced child injury attorney working on your side, you have a better chance at making sure those responsible are held accountable and that your child receives proper compensation for your child’s injuries and losses.

Are you the parent or guardian of a child who has been seriously injured because of another’s negligence? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned child injury lawyer in Indianapolis, Indiana. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana. Request to have your meeting over the phone, via online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

FAQS About Negligent Supervision Personal Injury Cases

Posted on August 5, 2022 by admin

Any party who is required to provide a legal standard of care for a dependent or subordinate, such as a child, elderly person, or employee, must uphold their duty of care. Otherwise, they may face serious civil consequences. This legal principal falls under the category of negligent supervision, within personal injury law.

Continue reading to review some frequently asked questions about negligent supervision and how it pertains to tort law.

Personal Injury Lawyers Indianapolis Indiana 317-881-2700

Frequently Asked Questions About Negligent Supervision

What is Negligent Supervision?

Personal injury cases arise when one party’s negligent action or inaction is the responsible cause another party’s injury and subsequent losses. When a mandated caregiver provides inadequate supervision or management over their charge, and as a result their charge is seriously injured, they could face a negligent supervision lawsuit. This tort law also applies to employers and employees. If an employer does not take the proper steps or precautions to ensure safety standards at the workplace, and as a result, an employee or customer is injured, they can be held liable for all damages resulting from the accident, subject to worker compensation law limits.

Who is Protected Under Negligent Supervision Laws?

Most negligent supervision cases surround children, elderly persons, and employees. They can also involve anyone else in long-term medical care, whether in-home or at a facility. Children who are under the care of daycare staff, school bus drivers, teachers, coaches, instructors, nannies, babysitters, and any other authority in charge of looking after their safety and well-being can become victims of negligent supervision.

Elderly individuals and those who suffer from severe mental or physical challenges are also common victims of negligent supervision. These victims are generally in a long-term care or treatment facility, or in the care of an at-home nurse or orderly.

Employers can also be guilty of negligently supervising their staffs. Employers are responsible for ensuring that their staff is properly adhering to all company policies, regulations, and safety standards. They must also ensure that they themselves are avoiding harmful or wrongful behaviors, plus preventing any wrongful actions of their employees.

What are Some Examples of Negligent Supervision?

A nanny is hungover from the night before and falls asleep on the couch. As a result, the child in their care wanders outside and gets hit by a car.

Parents allow their teenagers and friends to consume alcohol under their roof. As a result, a kid gets alcohol poisoning or into a serious car accident after they leave.

A daycare attendant fails to lock up a toxic cleaning solution as protocol requires. As a result, a child ingests the chemicals and suffers serious or fatal injuries.

A teacher heading detention leaves the classroom for a period of time without having another teacher cover for them. As a result, a fight occurs among students that causes serious injury to another student or teacher.

High school or college coach turns a blind eye to locker room hazing, and as a result, a teammate gets seriously injured or killed.

How Do I Prove That a Party is Guilty of Negligent Supervision?

There are 4 key elements that must be present for a valid negligent supervision case. First, the individual must have had a duty of care to supervise the victim. Second, the individual must have failed to properly supervise the victim. Third, the individual’s failure to supervise led to the victim’s harm. And fourth, the incident that caused harm to the victim must have been a foreseeable event might happen that any reasonable person could anticipate and prevent with proper supervision.

Where Can I Get Trusted Guidance for a Negligent Supervision Claim?

Cases vary in detail and jurisdiction, so it is important to discuss your state’s particular laws and procedures for negligent supervision with a seasoned Indianapolis personal injury lawyer. They can determine your case’s strength and help you pursue legal action against them by filing a claim or lawsuit. If a judgement or settlement occurs, the defendant’s liability insurance carrier would have to pay it, subject to any insurance limits.

Are you ready to get in touch with a trusted negligent supervision lawyer who can help you get started on the right path toward financial justice? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Are Schools Liable for Playground Injuries to Children?

Posted on March 22, 2022 by admin

Central Indiana weather has seemingly taken an early turn toward Spring this year, allowing students to enjoy recess outdoors more and more. If you have a child attending a public or private school, whether as a preschooler, kindergartner, or fifth-grader, it is very likely that they will be given access to a playground during recess time or after-school programs. With the rise in playground time, accidents and injuries are bound to happen. But what if your child is seriously injured on the playground? Is the school liable for the resulting damages? What if you signed a waiver?

Continue below to learn what you need to know about playground injuries to children and a school’s liability in the matter, plus which Indiana personal injury law firm to contact for further details regarding your unique case.

Playground Accident Lawyers Indianapolis Indiana 317-881-2700

Playground Injuries at School

Although playground architecture and technology have come a long way since you were a kid, playground manufacturing defects and design errors are still a risk. Determining liability in these kinds of child injury accidents is more straightforward since it is generally the manufacturer or maker of the playground equipment that is responsible. But sometimes, child injury playground accidents occur as a result of a school’s negligence, not the playground manufacturer. In such cases, determining liability is a different process and largely varies from case to case.

A School’s Liability in Playground Accidents

Negligent supervision of a child can occur if teachers or appointed staff are not properly monitoring children who are playing on playground equipment. If the staff did not use reasonable care to ensure the students were protected and safe from foreseeable harm, they can be deemed negligent in a child injury case. For instance, if a teacher assigned to monitor children at recess leaves the students alone to take a bathroom break, and during that break a child is seriously injured because they were using the equipment incorrectly, this could be considered negligent supervision. The school should almost always have more people supervising, especially since there are multiple students to supervise.

Aside from negligent supervision of children, a school’s negligence can cause playground injuries in other ways. One example would be poor or inadequate maintenance of playground equipment. For instance, if the school was aware or should have been aware that a bolt was loose, missing, or rusted out, but fails to correct the hazard, they can be deemed negligent conduct in a tort case if a child suffers injuries because of it. Or, if the school hires an unqualified contractor or company to repair the playground equipment, and an accident occurs due to improper repairs, the school can be considered negligent in the matter.

Playground Waivers

Virtually all schools, especially those with playgrounds on the premises, require parents and guardians to sign waivers for all registered students. Some schools even require the students to sign or initial these waivers. Such waivers are designed protect a school from any type of legal liability in the case of an accident that happens on school grounds or under the school’s supervision. Although these waivers have legal merit, they are not impenetrable. In similar cases throughout recent history, courts have given such waivers enforceability, but only to a certain extent and if they meet specific criteria.

School waivers might be found not legally binding by a court if they are not clear and explicit in language. If the terms of the waiver are faintly printed, in confusing legal jargon, or hidden in a small paragraph within a massive document, they might also be thrown out by the court. Oppositely, a school waiver might be enforced in the event of a child injury accident if the accident occurred as a result of ordinary negligence, rather than gross negligence.

It is important to consult with a licensed Indianapolis personal injury lawyer about your rights to pursuing legal action after your child was seriously injured at school. They have the knowledge and experience to explain your legal matters in a language you can clearly understand.

Not sure which Indiana law firm to trust with your child injury 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 about your child injury accident lawsuit in Indianapolis, Indiana. We represent injured persons throughout the state of Indiana.

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

Top Safety Tips for Celebrating Independence Day

Posted on July 2, 2021 by admin

Around this time every year, friends and families of all ages are preparing to celebrate one of our most beloved and historic national holidays, Independence Day. Among the most traditional and fun-filled festivities planned for the 4th of July, the most common are fireworks and cookouts. However, these two activities are also well-known for posing several serious risks and potential injuries. So, as you prepare to celebrate the Fourth of July this weekend, be sure you are being safe and responsible.

Continue reading to review some of the top safety tips for celebrating Independence Day, and how to learn your rights after being wrongly injured by a Fourth of July related accident in Indiana.

Indianapolis Indiana Burn Injury Lawyers 317-881-2700

Fourth of July Injury Statistics

Fireworks are dangerous, and can cause a wide spectrum of injuries, from minor to major. In fact, the United States Consumer Product Safety Commission reports that around this time of year, an average of 230 people visit the emergency room EVERY DAY as a result of 4^th of July Holiday-related firework injuries.

The most common types of injuries reported by fireworks are burn injuries, which is why it is so vital for children of all ages to be fully supervised while playing with them. Did you know that even sparklers can reach temperatures of up to 2,000 degrees? And of course, children are the top victims of second and third degree burns caused by sparklers and similar fireworks.

Keep in mind that not all Fourth of July injuries are firework-related. Many people celebrate Independence Day with campfires, cookouts, and grilling. As a result, there are many other kinds of burn injuries, smoke injuries, and fire accidents that occur during 4^th of July parties and get-togethers.

Additional types of Fourth of July injuries that are the mostly commonly reported this time of year include loss of hearing, blindness, amputations, smoke inhalation, PTSD, and shock. People have lost eyeballs, fingers, limbs, and suffered permanent scarring or disfigurement.

Important Safety Tips to Follow This Independence Day:

🎆 Monitor and assist children with fireworks at all times. Never allow children to play with fireworks alone, even sparklers.

🎆 Never keep your body parts near a firework. Maintain a safe distance, even when lighting them.

🎆 Immediately back FAR away from a firework after lighting it.

🎆 Never light multiple fireworks at once. Always light one at a time.

🎆 Have a full bucket of water or a hose that is already turned on in the case of a fire.

🎆 Always drench a firework with water before tossing it into the garbage.

🎆 Purchase and use LEGAL fireworks in Indiana.

🎆 If cooking out, monitor the grill at all times.

🎆 Position your grill in an open area away from the house and other structures.

🎆 Follow the grill’s manufacturer’s instructions for safe use.

🎆 Use long-handled grilling tools to avoid burn injuries.

🎆 Do not let children use or turn on the grill.

If you or your loved one is injured, either by a firework, fire, burn, or other type of 4^th of July accident, it is important that you learn your rights to recovering compensation for your damages and losses. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney who truly wants to see you fully compensated after being injured as a result of another’s negligence. We represent injured persons throughout the state of Indiana.

You Might Also Enjoy:

Can I Sue if I Was Burned By a Malfunctioning Firework?
What You Need to Know About Burn Injury Claims
Were You Injured By Fireworks?

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

Do You Suspect Neglect at Your Loved One’s Nursing Home?

Posted on June 1, 2021 by admin

Whether it’s your parent, grandparent, aunt, uncle, or spouse, having a loved one in a nursing home is an experience filled with emotional highs and lows. But no matter what the circumstance is for you and your family, your loved one should never have to suffer abuse or neglect. If you are concerned that your loved one’s nursing care is not up to standard, or you suspect that neglect is taking place, it is vital that you investigate right away.

Start by spending more in-person time with them and discuss their daily experiences and schedules. This can help you identify the common signs of nursing home neglect and elder abuse. You should also speak with the staff and attending physicians about your concerns as well.

Continue reading to learn what signs to look for that suggest abuse or neglect is taking place, and what you can and should do about it.

Indianapolis Nursing Home Abuse Lawyer 317-881-2700

Nursing Home Neglect Cases

Unfortunately, nursing home abuse and neglect is far too common. There are many types of neglect and abuse that can happen at a nursing home or senior care center, and they usually present themselves in tell-tale signs. However, elders don’t always speak up and notify someone when they are experiencing abuse, neglect, or any other kinds of problems in their care home. When elders are abused or neglected, they often hide it, while many others don’t even realize it’s happening to them. But if you keep a keen eye on your loved one and their habits, you should be able to identify the many signs and symptoms of nursing home abuse and neglect.

Common Types of Nursing Home Neglect and Abuse:

▷ Wrongful Death
▷ Moving Injuries
▷ Inappropriate Use of Restraints
▷ Physical Assault
▷ Sexual Assault
▷ Not Enough Staff
▷ Emotional or Verbal Abuse
▷ Medication Malpractice
▷ Failure to Use Bed Rails Causing Falls
▷ Failure to Remove Elders from Wheelchairs Properly
▷ Prolonged Isolation or Abandonment
▷ Neglect (allowing/ignoring self-harm, etc.)
▷ Hygienic Neglect
▷ Unqualified Staff
▷ Financial Abuse
▷ Inattentive Staff (slip and falls, leaving the facility, simply not caring, etc.)

How to Identify the Signs of Nursing Home Neglect and Elder Abuse:

▷ Staff advising of Self-Harming/Self-Abuse
▷ Depression
▷ Mood Instability
▷ Personality Changes
▷ Poor Hygiene
▷ Financial Inconsistencies/Problems
▷ Missing Money
▷ Malnutrition
▷ Extreme Weight Loss
▷ Severe Dehydration
▷ Bed Sores
▷ Orthopedic Fractures
▷ Unexplained Injuries or Bruises
▷ Missing Valuables
▷ Prolonged Isolation or Abandonment

What to Do if Your Loved One is Showing Signs of Elder Abuse or Neglect

If you suspect your elder is being abused, neglected, or mistreated at their assisted living center, your first step is to contact a seasoned and trusted Indiana nursing home neglect lawyer to learn your rights and best course of action. They have the resources and experience to implement proper investigation, information gathering, and questioning that will lead to proving fault and damages. You could obtain substantial compensation for your loved one’s losses, including pain and suffering and mental anguish. You should always take photos and keep notes on names of persons involved, dates and issues to go over with your attorney.

Are you ready to obtain justice for your abused or neglected loved one? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with an experienced nursing home neglect lawyer in Indianapolis, Indiana. We represent clients all throughout the state, and never collect attorney fees unless we prevail for you.

You Should Read:

FAQS Regarding Nursing Home Abuse and Neglect
Are Bed Rails a Safety Concern for the Elderly?
Fractured Hip Injuries and Elderly Slip and Fall Accidents

Facts About Secondary Liability and Indirect Infringement

Posted on December 11, 2020 by admin

If you have recently become involved in a personal injury lawsuit, one of the most fundamental aspects of your case will be the question of liability. Although it can be quite simple establishing liability in a straightforward accident claim, such as a drunk driver crossing onto a sidewalk and hitting a pedestrian, there are some claims that involve different kinds of liability, like vicarious and contributory liability. This can make it more of a challenge identifying who is at fault for an accident. As an accident victim, you might not realize who might be liable for your damages.

Continue reading to learn more about vicarious and contributory liabilities, and how to get started on your Indiana accident claim.

Indiana Personal Injury Lawyers 317-881-2700

Secondary Liability is the Same as Indirect Infringement

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability, and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and more, but these cases are generally infrequent and more complex. The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in civil courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement.

Vicarious Liability Law Basics

You will find vicarious liability within the respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability lawsuit would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents could be held legally accountable for their child’s actions, as well as the victim’s damages, under negligent supervision laws. In such a case, the parents home owner’ liability insurance company could contractually be obligated to pay any verdict against the parents, up to the insurance policy limits.

Contributory Liability

Contributory liability holds a third party legally responsible for another’s actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can possibly be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun might be held legally responsible for the infringements involving the gun under contributory liability, depending upon the specific facts of the case.

Where to Get Legal Advice for Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights to full and fair compensation after suffering damages as a result of a personal injury accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in personal injury law, and can obtain the maximum settlement for your claim. It is important to act fast after being injured in an accident, because the sooner you act, the more likely you are to win your claim and recover compensation for your damages as critical evidence will need to be obtained. Schedule a free initial consultation, over the phone, online, or in person at our Indianapolis personal injury office.

What are Future Damages in a Wrongful Death Case?

Posted on November 13, 2020 by admin

After the wrongful death of a family member, damages awarded in a personal injury claim are meant to cover any losses that resulted from the family’s loss. There are many different types of losses that a family can suffer as a result of a wrongful death, from medical expenses and hospital bills, to funeral costs, loss of pension, loss of social security benefits, and much more. If you have just recently lost a loved one in a wrongful death accident, contact a personal injury lawyer as soon as possible to learn your rights to pursuing legal action against the negligent party or parties and their insurance carriers. You and your family could be entitled to certain future damages.

Continue below to review what future damages are and where to find trusted legal counsel near you.

Indianapolis Indiana Wrongful Death Lawyer 317-881-2700

Wrongful Death Claims

In a wrongful death case, certain family member s can file a claim for compensation to cover their direct losses, such as medical bills and funeral costs. These are easily calculated because they are direct financial payments that were made as a result of wrongly losing a family member. However, many families of wrongful death victims will qualify for other types of damages, such as future damages, which can be more difficult to quantify, yet deserve compensation, nonetheless.

Future Damages and Present Value

The most common future damages awarded in wrongful death cases are loss of future wages, loss of retirement benefits, and loss of pension. These damages can be calculated, and then added to a current settlement in present value. Present value is the total amount of compensation for current and future losses, but in today’s dollar value. Fifty years ago, a dollar had more value than it does today, so the same principal applies to present value calculations. Present value estimations must take into consideration certain factors in order to develop an accurate amount of compensation, such as interest rates, tax credits, inflation, and similar economic influences.

Such legal concepts are not easily understood by anyone not in the legal profession. It is important to discuss all of your questions and concerns with an Indiana personal injury attorney who handles wrongful death claims. We have the knowledge, skills, and professional resources to explain your case in a language someone can easily understand. If you have a good case, we will work hard to recover the maximum settlement or verdict for your claim.

Indiana Wrongful Death Lawyers Who Will Obtain the Settlement Your Loved One Would Want You to Have

Call the Law Office of Craven, Hoover, and Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with an experienced wrongful death lawyer in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after losing a loved one in a wrongful accident. Call 317-881-2700 to get started today.