Can I Settle My Personal Injury Case Through Arbitration?

Posted on August 15, 2022 by admin

When a personal injury claim is filed, the case doesn’t always end up in front of a jury. Many personal injury claims are negotiated out of court. When a personal injury case is settled out of court, negotiations usually take place between opposing parties, which may include an alternative dispute resolution process known as arbitration.

Continue reading to learn some important facts about personal injury arbitration, including which cases are more likely to be settled this way.

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Facts About Personal Injury Alternative Dispute Resolution

Both personal injury defendants and claimants can sometimes choose arbitration over going to trial, namely for reasons of time and money. Arbitration is faster, more efficient, and costs much less than a court trial. It is a streamline version of dispute resolution since it eliminates the formalities of court procedures, such as filing, court dates, motions, jury selection, and more. Court costs, attorney fees, filing fees, and time off work are all examples of associated, out-of-pocket costs claimants can face if they push for their case to go to trial.

What it Means to Agree to Arbitration

To be granted this type of alternative dispute resolution, both parties must agree to it in most circumstances. When two parties go to arbitration, together they select an impartial, unbiased party to arbitrate their dispute. This person is known as an arbitrator. The two parties agree beforehand that they will comply with the arbitrator’s award. Once the arbitration begins, a single hearing or a series of hearings are held to allow both parties to present their evidence and testimony. At the conclusion, the arbitrator renders a final decision. Sometimes arbitrations occur by panel decision, with three arbitrators deciding the case.

Be Aware of Arbitration Clauses

Some contracts between parties retain an arbitration clause that mandates mediation over trial in the event of a breach of contract or a disagreement about the terms of a contract. In this scenario, both parties would have no other choice but to go to arbitration to resolve the case. This avoids high court costs and trial fees and makes the process much quicker.

In some personal injury cases, insurance companies use this clause because they think they are more likely to have a sympathetic arbitrator than a sympathetic jury. Arbitration clauses are near impossible to escape because they are in most cases valid and legally-binding. In some cases companies will abandon their arbitration clauses, while in other cases, courts can hold that they are not enforceable. Every case is different.

Are you wondering how to get started on the right path toward obtaining the full and fair settlement you deserve after being wrongfully injured in an accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state and Indiana residents injured in other states. There is no need to travel, as we are happy to hold case evaluations via phone or online video conference.

Information About Personal Injury Structured Settlements

Posted on August 12, 2022 by admin

When you are in the middle of a personal injury lawsuit, your mind is in constant motion with questions about all the possible outcomes of your case. Although you might have an experienced personal injury lawyer on your side who is fighting for your rights to compensation, it can be tough putting your mind at ease until the case is completely settled.

Many people are worried about their settlements and wonder how they will receive their payment in the end. Questions like, “Will I get all my money at once?” and “Is it possible that my compensation will be awarded as a structured payment?” are all common concerns by most personal injury plaintiffs.

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The Benefits of Structured Accident Settlements

A structured settlement is an agreed periodic payment plan in which the recipient receives a set amount of money over a specified period. Structured payments are a fairly common method of dispersing personal injury settlements and verdicts. Whether a structured settlement is a good result or a bad one really hangs on the recipient. There are both advantages and disadvantages of structured payments, depending on personal perspective.

The number one benefit of a structured settlement is that you usually receive more money overall. In a lump sum payment, the amount is usually negotiated lower. Another major benefit is personal financial management. When a large sum of money is paid out overtime, it is typically easier to manage your finances, pay bills, save money, and maintain a positive financial portfolio. It may be especially beneficial in terms of tax liabilities as well.

Additional Advantages of Structured Payments:

☑ Simpler Tax Planning
☑ Possible Income Tax Advantages
☑ Additional Annual Income
☑ Broader Subsidy Opportunities
☑ Budget Protection

Disadvantages of Personal Injury Structured Settlements

One of the common downfalls to structure pay is limitation. For those consider themselves financially savvy, not receiving your full compensation can be a huge restriction since you cannot use the money to make any lucrative investments. In other cases, a personal injury victim has already paid all of their hospital bills, medical expenses, and other related expenses, out of pocket. They have also already incurred lost wages from work. So, by not receiving a full payment can be frustrating since victims in this type of situation is simply trying to put the money back where it was before their accident.

Timeline for Receiving a Structured Settlement

If you win your claim and an insurance company agrees to give you a structured settlement, you will not be given a paycheck right away. Instead, you will be paid a set amount over a set period of time. The terms of structured settlement agreements vary from case to case, and payment amounts, and schedules can be set in many different ways. These payments generally begin as soon as all the paperwork is processed; however, this time period can vary, and sometimes can take up to one year to begin receiving payments.

Lastly, a settlement can also be a portion paid out up front in cash and a portion in a structured settlement.

Are you looking for a seasoned personal injury law firm to obtain the maximum settlement for your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. You can speak directly with a trusted and experienced Indianapolis personal injury lawyer over the phone, via online video, or in person at our office. We represent clients throughout the state of Indiana.

Tips for Documenting Your Personal Injury Expenses

Posted on August 9, 2022 by admin

There are many elements involved in pursuing a personal injury claim, but the most important one is proof of damages. Not only do personal injury claimants hold the burden of proving more likely than not that the opposing party was negligent, but they also must prove more likely than not their damages and losses. After all, if a personal injury plaintiff cannot show how much their accident and subsequent losses have cost them, they cannot possibly win their claim, let alone obtain a fair settlement or verdict.

The best method for ensuring that all personal injury expenses are collected, organized, and preserved for the sake of proving a claim is documentation. Continue below to learn some critical tips for keeping track of your personal injury costs, plus how to find trusted and experienced personal injury representation near you.

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Personal Injury Record Keeping

In order to guarantee good organization of your personal injury expenses, it is important to record them right away. Your records should be gathered and preserved with care so that they can easily be handed over to your Indiana accident attorney and aptly applied to your case. It is important to keep a list of all medical providers so you can provide that list to your attorney so they can make sure all medical records and medical bills have been obtained.

Medical Treatment

After being involved in a wrongful accident, it is necessary to begin the record-keeping almost immediately, starting with medical care. You have a few options depending on the circumstances of your accident. You will need to either seek treatment at the scene by EMT’s, have an ambulance or someone else take you to the emergency room, or make an appointment with your doctor.

In all cases, it is critical to see a doctor or medical professional as soon as possible after noticing signs of injury. Although nobody wants to go to a doctor, it is important to make sure nothing is being missed when it comes to your health. Keep all records and paperwork you receive from your medical treatment, including all bills and invoices and provide them to your attorney.

Lists

Before and after seeking medical treatment, it is strongly encouraged for personal injury victims to keep a list about their accident, injuries, expenses, missed events [work, vacation, etc…]

Additional Document Requests

In addition to requesting and retaining copies of your medical records, receipts, and billing invoices, it is also important that you and your attorney obtain a copy of the police report for your accident. Making a police report at the scene of an accident is important for many reasons, whether the law mandates it for your incident or not. This is especially true for car accidents that result in bodily injury. In such cases, injuries may not appear until days or weeks later. These are known as late-appearing car accident injuries or an onset of symptoms. If you are employed, it is necessary to retain copies of past paystubs, plus proof of missed wages from time off work.

Are you unsure what to do after your recent accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled Indianapolis IN personal injury lawyer. We represent injured persons throughout the state and Indiana residents injured in other states.

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.

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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.

Do I Have a Valid Medical Malpractice Claim?

Posted on August 2, 2022 by admin

Medical malpractice claims are among the most complex cases in the civil litigation field. As a suspected victim of medical negligence, it is important to educate yourself on your rights as a wrongly fully injured victim, and to determine the strength of your case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more.

Continue reading to learn what you want to know about medical malpractice claims and lawsuits, including how to get started on your case for free.

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Brief Explanation of Medical Malpractice

If a health care professional or facility is negligent and makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, but the plaintiff must also be able to present sufficient evidence that proves these elements.

Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:

➀ The presence of a doctor-patient relationship;

➁ The delivery of treatment that failed to meet the medical standard of care;

➂ A relation between the negligent medical treatment and the injury incurred by the patient;

➃ Economic damages and losses sustained as a result of the injury incurred by the patient.

Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly trained health care professional in the same medical community as the defendant would provide.

Hire a Personal Injury Attorney to Recover a Full Settlement

Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, inability to work and more.

To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An experienced Indianapolis medical malpractice lawyer can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records, and much more, are all in place to argue your case. Just be sure to choose a personal injury law firm in Indiana with a strong reputation for success.

Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

What You Need to Know About Car Accident Claim Demand Letters

Posted on July 28, 2022 by admin

After sustaining serious injuries in a wrongful auto accident, you may be entitled to pursue legal action against the negligent party to obtain compensation for medical bills and similar economic damages. If you obtain a settlement or judgment against the negligent party, their insurance carrier will pay the settlement of judgment, up to the negligent party’s liability insurance limits.

The best strategy for obtaining a full and fair car accident injury settlement is to hire a licensed and experienced personal injury attorney who concentrates on motor vehicle accident claims. From there, they may implement an effective strategy to support the full value of your claim that involves creating a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written document that becomes the basis for negotiating compensation for your resulting damages and losses.

Continue below to learn what you need to know about car accident claim demand letters, including what they entail, why most cases require one, and why you should never attempt to write your own.

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The General Template for a Demand Letter

Demand letters are written with a strict focus on facts first, followed by opinions. Facts that are generally included in a demand letter are as follows:

Description of why the claimant believes the other party is to blame. Did they run a red traffic light? Or maybe they neglected to stop at a stop sign? Whatever the violation or cause may be, it should be included in the demand letter.

Description of ALL injuries sustained by the claimant, how they were sustained, how they are being treated, and how the injury or wound is healing or is healed.

A breakdown of all medical-related financial losses associated with the accident, including hospital bills, medical expenses, and any other evidence and documents showing missed time at work, physical therapy, counseling, medical equipment and supplies, fuel costs traveling to and from medical appointments, and similar losses.

Information about an IUM claim, if applicable. This is when the other person does not have insurance, or their insurance wasn’t enough to cover the medical expenses and other damages and losses.

This typically completes the introduction of a demand letter. Next is the actual demand section. The demand segment of the letter requires a different set of guidelines that should be followed by the claimant and their legal team. In this section, claimant’s demand compensation for:

Medical Expenses – The hospital can provide documents proving a claimant’s injuries and the treatments that followed. Claimants can also provide bank statements, invoices, and other forms of billing evidence that shows the dollar amount associated with the medical treatment.

Liability – Description of how the accident happened and why the other driver was at fault. This should include police reports, photos and witness statements to support the allegations.

Lost Income – All information on the total amount of lost wages incurred because of the injury. Description of how the injury affected the victim’s ability to work and make money, plus proof on how much time they had to take off from work.

Comparative Negligence – If the defendant’s insurance company attempts to argue comparative fault on the party of the plaintiff/claimant, the plaintiff/claimant’s attorney can argue the facts to the insurance adjuster on why such an argument is without merit.

Emotional Distress and Pain and Suffering – Description of injuries sustained and how they have affected the victim’s everyday life, including pain and suffering and relationships, and more. Also, a detailed description of the injuries and accident and how they have caused the victim suffering and trauma.

What to Keep in Mind as You Proceed With Your Auto Accident Claim

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated and could possibly make or break your compensation claim all together. It is strongly encouraged to hire a seasoned Indiana personal injury law firm to navigate all elements of your claim, including writing your demand letter.

Are you looking for a qualified Indiana auto accident lawyer who can represent your best interests in a car accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned car accident attorney in Indianapolis, Indiana who knows how to obtain the maximum settlement or verdict for your claim. We represent victims all throughout the state and Indiana residents injured in other states.

Will My Personal Injury Claim Take a Long Time?

Posted on July 25, 2022 by admin

There are various factors that influence the total timeline of a personal injury case. Some cases may take only a few weeks or months, while others might take two years or more if a person sustains substantial and on-going injuries and problems. Consult with an experienced accident attorney to understand the elements of your case and the predicted length of time it will take.

For now, continue below to learn more about how long personal injury claims take and where to get trusted legal advice surrounding your accident case concerns.

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Complex Personal Injury Cases Take Longer to Settle

You can roughly get a feel for the amount of time it will likely take for your claim to settle by the complexity of the case. The more complex the case, the more difficult it will be to adjudicate, which delays the settlement phase even longer. This is especially true for cases that go to trial.

Certain Liable Parties Can Attempt to Delay a Personal Injury Case

Another factor that can extend the timeline of a personal injury case is the type of liable party, or parties. If the liable party, or defendant, is a company, corporation, or government entity, or if there are multiple liable parties (defendants) in a case, the process can take longer.

Proving Negligence and Extent of Damages Can Take Time

As a claimant in a personal injury case, you hold the burden of proving that the opposing party is at fault for your accident and subsequent damages. Your Indiana personal injury lawyer will document a strong and impactful case to prove that the opposing party breached their duty of care, or was otherwise negligent, and as a direct result, caused your accident and damages. In addition to proving negligence, your team will need to prove your damages to support reasonable compensation.

To gather all the relevant evidence needed to prove your case, your lawyer may need to hire expert witnesses, forensic specialists, accounting experts, and accident reconstruction services, or prepare witnesses, including yourself. These needs add to the overall time it takes to reach a settlement or verdict.

How Long Care is Needed

The longer an injured person needs to obtain treatments, the longer it will take the case to resolve. This is because it takes some time for doctors to determine if a person’s injuries are permanent or not. If an injured person’s injuries are permanent and will last a lifetime, then obviously that would need to be taken into account when attempting to determine a full and fair settlement value for the case.

Insurance Companies Might Require Legal Representation

In some cases, insurance companies require claimants to acquire legal representation for their claim. If the claimant is hospitalized or comatose for several weeks after a catastrophic accident, they are not capable of retaining a lawyer for the purpose of pursing an injury claim. This scenario would increase the expected timeline of the case.

Refusing to Accept a Settlement Offer Will Extend Negotiations

It is important to trust your personal injury lawyer with their evaluation of your case. If you refuse every settlement offer you get, you can expect the process to take longer. You can feel confident in accepting an offer that your attorney agrees is full and fair and the attorney should explain to you why they believe the offer is fair. If an offer is not fair, your attorney should also explain to you why that is their opinion.

The best way to avoid extending the timeline of an injury claim is to hire the right attorney to represent your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation, today. We represent clients throughout the state, plus Indiana residents injured in other states.

Common Methods of Discovery in a Personal Injury Case

Posted on July 19, 2022 by admin

Personal injury cases require the collection of information and evidence, regardless of which side you are on. The process of obtaining and reviewing such information in a personal injury case is known as discovery. Continue below to learn which options personal injury parties might have in the discovery process, plus where to get the best advice regarding your recent accident or injury in Indiana.

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The Personal Injury Discovery Process

After a personal injury complaint and answer is filed with the court, the discovery phase can begin. The discovery process generally takes usually anywhere from 6 to 12 months, but this can vary depending on various factors, such as the current traffic of the court, the amount of investigation required, court delays, rescheduled court dates, and so forth.

During this phase, both the legal teams for both the claimant (party making the claim) and the defendant (the party being sued) will exchange all evidence with one another, including witness information. They will also go before the proceeding judge to let them know how the case is proceeding. Also in the presence of the judge, they will either decide on mediation, which is normally ordered by the judge, and they will move forward with the lawsuit by setting a trial date.

Common Options For Discovery

There are different methods used by the court system to obtain personal injury case information. The two most common methods are depositions and interrogatories and physical exams, Requests for Production, Requests for Admission, and Subpoena Duces Tecum are other methods used to investigate and research all legal claims and defenses.

Depositions

Depositions are formal, recorded interviews conducted under oath and used to learn what a person knows pertaining to the case in question, and as evidence for later use during the trial. Depositions can take anywhere from 30 minutes to 1 hour, but in larger cases it may take several hours and even a day or two to reach completion.

Interrogatories

Interrogatories are a little different but are used for much of the same purpose. Rather than a formal interview in person, interrogatories are a set of written questions that each party sends to the other. Each party must fill out the entire list in writing, under oath, and within a limited period of time (usually between 20 and 40 days depending on the state). Although they are not always phrased in the form of questions, interrogatories always pertain to specific factors surrounding the case, such as reckless driving, distracted driving, and intoxicated driving. Since it is common for both parties to have different versions of what happened in an accident, they are designed specifically to get both sides of the story so that each party can prepare their case before trial.

Physical Exams

It is very common for the defense to request that the claimant be physically examined by a licensed medical practitioner chosen by the defense to verify and confirm the extent of their injuries. Judges almost always grant these requests. Although these examiners are obviously biased since they are hand-picked and paid for by the defendant’s insurance carrier, the witness can be cross-examined at trial on any testimony and opinions.

Requests for Production

A Request for Production is a motion that asks the opposing party for specific types of evidence or information that they are in possession or control of. This might include medical records and reports that detail the extent of injuries to the claimant, invoices or documents evidencing lost wages, photos of the scene or injuries, fuel receipts, and similar documents that prove or disprove allegations or statements made by either side.

Requests for Admission

A Requests for Admission is when one party asks the other to either deny or confirm facts. It is basically asking for them to admit to certain statements for the purpose of streamlining the case process. It allows the court and jury to focus on the necessary points of the case.

Subpoena Duces Tecum

A Subpoena Duces Tecum is a special type of subpoena used in cases. They are very similar to Requests for Production in that they ask someone to disclose evidence or information pertaining to the case. But while Requests for Production are reserved for claimants and defendants, a Subpoena Duces Tecum can be applied to expert witnesses, doctors, and other case-relevant entities who are called nonparties.

Are you a Hoosier who is looking for trusted and qualified advice regarding your rights to pursuing compensation for a wrongful accident you were recently injured in? C o ntact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury e v aluation to explore your eligibility, today. We represent clients all throughout the state of Indiana.

How to Obtain Justice After a Loved One Suffers a Wrongful Brain Injury

Posted on July 8, 2022 by admin

Brain injuries are serious on all levels. Whether a minor concussion or a catastrophic TBI, a victim of a brain injury can experience severe ramifications, including a lengthy and arduous recovery and rehabilitation process, and potentially even lifelong disabilities or challenges. Brain injury victims are also known to endure mental and emotional difficulties during and after recovery, which can persist throughout their lives. These consequences can be life-changing, and even last a lifetime.

Needless to say, if your loved one was wrongly injured in an accident that caused them to suffer a brain injury, they deserve absolute justice, and so does your family. The best way to obtain justice after a loved one suffers a wrongful brain injury is to bring about a civil lawsuit against the at-fault party for the pursuit of financial compensation, if the insurance company for the at-fault person or company will not fully and fairly settle the claim.

Continue reading to learn more about Indiana brain injury claims, including how to get started on yours. With the help of a trusted and skilled personal injury law firm in Indianapolis.

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Traumatic Brain Injuries (TBI’s)

A traumatic brain injury (TBI) is a very serious and sometimes catastrophic injury. Although it is usually obvious when a person has suffered injury to the head, it is common for victims to not know or feel like they have a brain injury because such symptoms can appear days or weeks later and the injured person may not even notice the symptoms because their brain is not functioning normally and it is not until their loved ones tell them what they see going on before the symptoms can get addressed. One such phenomenon is brashly known as the “Talk-and-Die” syndrome, which happens when a person seems normal after an accident involving head trauma, even speaking and carrying on with their daily routines, but then dies a few days later from internal bleeding in the brain.

Common signs of brain trauma include unconsciousness, vomiting, dizziness, slurred speech, extreme fatigue, migraines/headaches, mental confusion, extreme mood changes, dilated pupils, bruising and difficulty walking. If you or a loved one ever experiences any type of concerning impact to the head or neck, it is important to seek immediate medical attention to ensure that the skull and brain were not damaged.

How to File a Brain Injury Claim in Indiana

If your loved one loses their mental capacity to manage their own legal and personal affairs due to their traumatic brain injury, you may petition for guardianship. Upon being granted guardianship by the court, you may pursue a brain injury claim against the at-fault party who caused your loved one’s catastrophic accident. If the brain injury is not that severe, the injured person may bring the claim themselves.

Here in Indiana, the law permits immediate family members to bring about a brain injury claim on behalf of their injured loved one. Immediate family members are considered to be lawful spouses, children, and dependents. If your loved one has passed away due to their traumatic brain injury, you may bring about a wrongful death claim on their behalf.

In order to file a brain injury claim in Indiana, it is critical that you retain professional legal counsel from a seasoned personal injury law firm that concentrates on head and brain injury cases. With the help of an experienced brain injury lawyer, you may recover compensation for past, current, and future damages, such as hospital bills, medical expenses, loss of Social Security benefits, lost wages, loss of source of income, pain-and-suffering, mental anguish, loss of consorti u m, loss of companionship, reduced quality of life, and much more.

If you are ready to file a brain injury claim on behalf of your loved one, act fast. Under law, you only have 2 years from the date of the accident to do so and even less time if the at fault party is a governmental agency. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced brain injury attorney in Indianapolis, Indiana. We offer free initial case evaluations, over the phone, via video, or in person at our office. The sooner you call, the sooner we can start obtaining evidence critical to your case.

Information About Herniated Disc Injury Settlements

Posted on July 5, 2022 by admin

Back and spinal injuries are serious, as they tend to result in higher levels of pain and longer periods of recovery. Herniated discs are a type of spinal cord injury that can impose a series of damages and challenges in a victim’s life, and his or her family’s life. If you are a victim of a personal injury accident that caused you to suffer from a herniated disc, it is important to acquire all evidence to obtain the justice you deserve.

Continue below to learn important information about herniated disc injuries and accident settlements, plus where to get trusted personal injury legal advice near you.

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Herniated Disc Injuries

As a spinal cord injury, herniated discs are painful and challenging to rehabilitate. Also called ruptured discs, herniated discs cause patients to experience high levels of immobility, pain, stress, and exhaustion. Sometimes such accidents are so serious, they completely disable a person.

Needless to say, herniated disc injuries cause victims to experience a lot of hardships and distress. Not only do they usually lose time at work and the ability to care for their children, family, or dependents, but they are also forced to miss out on important events in life, suffer through painful physical therapy, surgeries, injections, etc…, spend a lot of out-of-pocket money for related expenses, and much more. To make matters worse, ruptured discs tend to take a long time to heal, often several months or even years and sometimes they cannot even be operated on.

Herniated disc injuries require extensive treatment, which usually involves diagnostic testing, physical therapy, steroid injections, and medications like NSAIDS, narcotics, and muscle relaxers. In many cases, surgery is necessary to remove a part of the bone around the injured disc, known as a laminectomy, which relieves some pressure. In more serious cases, patients may need to have the entire disc removed (discectomy), an artificial disc installed, or spinal fusion surgery, which aims to stabilize the spine by fusing two or more vertebrae.

Personal Injury Damages

As a wrongfully injured victim suffering from any type of spinal cord, back, or neck injury, you will learn just how quickly all these expenses add up. Expenses include, but are not limited to:

▶ Lost Income From Missing Work
▶ Medicines and Medicinal Treatment
▶ Physical Therapy and Rehabilitation
▶ Diagnostic Testing and Evaluation
▶ Medical Equipment (Crutches, Braces, Wheelchair, etc.)

Ruptured Disc Injuries Can Show Up Later

A delayed onset of injury is very common among herniated disc patients, who often times do not experience any symptoms right away. That is because the pain can arise during periods of activity or movement, then fade during times of rest. As a result, sufferers initially tend to think they are not really injured as bad as they are. But as time goes on, the symptoms become stronger and more persistent.

Pain, tightness, stiffness, numbness, tingling, and burning sensations can and sometimes appear gradually after someone is in an accident that causes a herniation in the back or neck. These are the most common symptoms of a ruptured disc. Common accidents that cause herniated discs are auto accidents, construction accidents, and slip/fall accidents.

Would you like to learn how you can bring about a successful claim against the party that caused your herniated disc injuries? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee consultation with an experienced spinal cord injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state, and there is no need to travel. We can hold case evaluations via phone or online video conference.