The General Stages of a Personal Injury Lawsuit

Posted on December 23, 2020 by admin

Most personal injury claims do not end up in court. However, when a personal injury claim does turn into a lawsuit, the legal climate changes. Although not all personal injury lawsuits are alike, once the courts are involved, most tend to take on the same succession of steps. Whether you are preparing to enter into personal injury lawsuit, or you are a recent victim of a personal injury and wish to move forward with an accident claim, it would be wise for you to familiarize yourself with what might take place.

Continue reading to learn the general stages of a personal injury lawsuit, and how to get started on your accident claim in Indiana.

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When a Personal Injury Claim Goes to Trial

Even though personal injury lawsuits are all different, when they end up in trial, they usually have the same litigation milestones. These milestones lay the foundation of what you can expect the general succession of steps in a personal injury lawsuit to look like. If you have already decided to file a personal injury lawsuit, you have hopefully already hired professional legal representation from a law firm who concentrates on personal injury law.

This is the first stage of the process.

Stage 1

The first step to addressing any legal matter is to retain qualified legal representation. However, you do not want to hire just any attorney. It is vital that you seek legal assistance from a law firm that handles the type of claim you need to file. In this case, you would hire an Indiana personal injury lawyer. Most personal injury law firms provide free initial case evaluations for you to learn your legal rights to being compensated for your damages and losses.

Additionally, most personal injury attorneys work on contingency, meaning they do not collect any lawyer fees unless they recover settlement or verdict for you. If they are unsuccessful at obtaining a settlement for you, there is no obligation to pay them for their services. Be sure to also choose a law firm that has extensive trial and litigation experience.

Stage 2

The next stage of a personal injury lawsuit mostly involves your hired legal team. To determine if you have a valid case, your personal injury lawyer will likely begin an exploratory investigation, starting with a liability investigation and confirming the adequacy of the opposing party’s insurance coverage. Sometimes, this step is done prior to making the client-attorney relationship official.

In the event that your accident lawyer believes your case is valid, they will move forward by filing a personal injury complaint against the defendant in the appropriate civil court. This personal injury complaint is the very first official document of an accident lawsuit. From this time, your personal injury lawyer will have to locate and serve the defendant a copy of the complaint.

Stage 3

After a defendant is served a lawsuit, the defendant will provide a copy of the lawsuit to their insurance carrier and the insurance carrier will hire a defense attorney for the defendant to answer the complaint and defend the case. Under any insurance policy a defendant has with their insurance company, the insurance company chooses the defense attorney and the insurance company pays the defense attorney.

Stage 4

At this stage of the personal injury lawsuit process, the lawyers hired to represent both parties will begin the pretrial process. This is known as discovery, and involves several steps in itself. During this time, both lawyers 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 decide on all deadlines for filings in the case, a mediation deadline, a final pre-trial conference date and a trial date.

As the discovery stage continues, both lawyers will also schedule depositions and other necessary interviews and statements. This stage of the personal injury lawsuit process can take several months and involve a few court appearances. The amount of time it takes to complete the pretrial stage will depends on various factors, such as the current traffic of the court, the amount of investigation required, court delays, rescheduled court dates, and so forth.

The Final Stage is Trial

The last stage of the personal injury lawsuit process is the actual trial, which can last for several days. The judge will be the ultimate decider, unless it is a jury trial, in which a jury will decide who is at fault for the accident and which damages the plaintiff is entitled to. Most personal injury cases are jury trials. After the trial, either side can choose to file an appeal. Once all appeals are extinguished, the defendant [ie. defendant’s insurance company] must pay the plaintiff their verdict if they received one.

Indianapolis Personal Injury Lawyers That Will Fight For Your Rights

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need an experienced personal injury lawyer in Indianapolis, Indiana. Our seasoned personal injury lawyers are ready and able to recover the full and fair amount of compensation you deserve after being seriously injured by another’s negligence. You should recover for damages and losses, including medical expenses, hospital bills, pain, suffering, lost wages, and more if the damages were caused by another person’s negligence. We represent injured persons throughout the State of Indiana. Get started with a free consultation, today.

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Can I Discuss My Accident Claim With the Other Party’s Insurance Company?

Posted on December 21, 2020 by admin

After being hurt in an accident, you will be confronted with the invitation to speak with the other party’s insurance company. You may even want to talk with a defendant’s insurance adjuster because you would probably be feeling like you are helping. Speaking to an insurance adjuster prior to speaking with an attorney is not wise.

Continue reading to learn why, and what you should do to fully protect your rights to a full and fair settlement.

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Insurance Adjuster Tactics are Not in Your Favor

Insurance companies train their adjusters to use very specific tactics to get information out of claimants that can jeopardize their rights to being compensated. You see, the opposing party’s insurance company has one primary objective, which is to pay out as little as possible, preferably nothing at all, for your accident claim. They will record whatever you say, and then dissect it until they can piece together your words out of context to try to limit your claim. A defendant’s insurance adjuster does not owe any duty to an injured claimant and they are not trying to help you with your claim.

For these reasons and more, personal injury claimants should never, under any circumstances, speak with the other party’s insurance company until they have spoken to their own lawyer. Even then, it is very unlikely that a personal injury lawyer will let their client talk to the other party’s insurance adjuster, or at least alone and without legal advice.

What to Do After an Accident

After an accident, your priority should be to seek medical treatment by a licensed doctor. Be sure to keep any and all documents as evidence of your medical treatment. Follow all doctors’ orders and appear for all follow-up appointments if at all possible.

Once you are stable, or if an immediate family member can help, contact an Indiana personal injury law firm to retain professional representation for your accident claim right away. Reputable firms offer free case evaluations and work on contingency, which means you do not have to pay any lawyer fees upfront.

Not only is it important to follow the advice of your doctors and medical professionals, but it is also vital to take the advice of your personal injury lawyer very seriously. You do not want to make any these common mistakes with your personal injury claim. Moreover, as defendants’ insurance carriers have attorneys on staff, it is important for you to obtain your own attorney who will look out for your interests and only your interests as well.

How to Get on the Right Path Toward a Successful Personal Injury Settlement in Indiana

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indiana. We are seasoned personal injury attorneys who want nothing more than to recover the full and fair compensation for accident victims across Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

The 4 Basic Consumers Rights

Posted on December 18, 2020 by admin

When you buy a product, whether from a store or directly from the manufacturer, you expect it to be safe. So, when a defective or harmful product causes you or your loved one injury, the rules are on your side. The law imposes several statutory duties onto commercial manufacturers and businesses in order to protect their consumers from harmful products. In fact, some states have even codified such regulations into law. These are known as consumer rights, and although they are not strict law in all jurisdictions, they are widely accepted legal principles that affirm a victim’s right to being compensated for their damages and losses after being injured by a harmful or defective product.

Continue reading to learn the four basic consumer rights that are widely recognized in the United States under product liability law, and how they protect you from harmful products.

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Basic Consumer Rights

Consumer rights refer to a particular body of law that sets specific standards and regulations for manufacturing companies and businesses to protect their consumers from danger. Although subjective, four basic consumer rights that are widely accepted are 1) the right to be informed, 2) the right to safety, 3) the right to choose, and 4), the right to voice your opinion.

➀ Your Right to Safety

Not only is the right to safety the most widely accepted of all the consumer rights, but it is also arguably the most imperative. A consumer should be fully-protected when they purchase and use a product from a manufacturer or business. All products should be reasonably safe, so long as they are properly used for their intended purpose. But when a product causes serious injury to a consumer, whether as a result of manufacturer negligence or some other reason, this is often in violation of their consumer right to safety.

➁ Your Right to Information

The consumer right to being informed is important because no consumer should be left in the dark about anything relevant to the use or operation of a product they’ve purchased. Not knowing everything there is to know about the makeup, operation, and warnings of a product can put the consumer at high risk for injury and harm. False or misleading claims, poor labeling, and insufficient manufacturing information can be dangerous for a consumer, especially in cases of medications, healthcare devices, and highly flammable products.

➂ Your Right to Choose

Another universally-recognized consumer right is the right to choose. Basically, this abates the growth and development of monopolies, this way, consumers are allowed the benefit of comparing products, prices, retailers, vendors, and decide based on their research. Many states have introduced anti-trust and unfair competition laws to protect this consumer right.

➃ Your Right to Voice Your Opinion

Although not entirely statutory among all jurisdictions, it is still generally agreed upon that consumers have the right to be heard. In fact, with the growing technologies available today, consumers are given the platform to voice their opinions on products through customer testimonials, online reviews, social media, and more. This not only allows consumers to rate products and inform others on their experience with them, but it also lets them voice their concerns, to both their audience and the manufacturers themselves.

Have You Been Injured By a Defective Product in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to filing a product liability claim against a negligent manufacturer or retailer. Our experienced Indiana product liability lawyers can help you recover the full and fair settlement or verdict you deserve after being injured by an unreasonably defective or harmful product. We offer free initial consultations, and do not collect attorney fees unless we obtain compensation for you. We serve clients in Indianapolis and throughout the state of Indiana. Request a phone, video, or in-office case evaluation, today.

The First Questions You Should Be Asking About Your Personal Injury

Posted on December 15, 2020 by admin

After suffering serious injuries and resulting damages in an accident that was not your fault, it is quite normal to feel an onset of emotions and confusion. You and your family are likely full of questions regarding your recovery, losses, financial impacts, physical impacts, and more. To sort through the overwhelming number of questions and concerns running through your head, begin with the basics. This will put you on the right path toward obtaining fair compensation and easing anxiety.

Continue reading to learn the very first questions you should be asking yourself about your personal injury, including how to get started on your claim.

How Much Time Do I Have to File a Personal Injury Claim?

Each state has a set time limit known as a Statute of Limitations in which accident victims can bring about a personal injury complaint against an at-fault party. Here in Indiana, most personal injury cases have a statute of limitations of 2 years, including cases involving car accidents, premise liability, medical malpractice, libel, defamation, slander, assault, battery, and product liability. Cases regarding governmental and school liability have certain limitations that must be met within as little as s6 months to bring a claim so you should obtain an attorney as soon as possible following any injury, not only because of time limitations but because evidence can quickly be lost forever.

Can the Statute of Limitations for My Personal Injury Case Be Extended?

Many accident claimants ask the questions, “Can a personal injury statute of limitations be extended?” The answer is not likely. The reason for time limitations on civil cases is to avoid losing evidence and preventing fraud. If you were hurt in an accident that was not your fault, it is important to seek medical attention right away, follow all doctors’ orders, and retain professional personal injury legal representation. Do these things as soon as you can, and you will not be in jeopardy of running out of time on your claim.

What Can I Be Compensated For?

There are several types of losses a personal injury victim and their families can suffer. Such losses are referred to as damages. Common damages in a personal injury claim include general damages, special damages, and punitive damages. Victims and families of victims can be awarded compensation for hospital bills, medical expenses, lost wages from time off work, pain and suffering, disability, prolonged physical therapy, permanent scarring or disfigurement, loss of ability to work, loss of companionship, and much more.

Can I Be Liable for My Injuries?

This question is important to ask yourself both before and during a meeting with a personal injury lawyer. If you were at all to blame for your accident and subsequent injuries, it will impact your case. If you are not sure if you were to blame for your accident, talk to a personal injury lawyer to learn more about your eligibility to pursue legal action against another party.

How Do I Get My Personal Injury Claim Started?

Your first step to making a personal injury claim is to have your case evaluated by a skilled and experienced accident attorney. They will determine how strong your case is, and whether or not you could be successful in moving forward with filing a complaint in court or a claim with a defendant’s insurance company. Choose a trusted and proven Indiana personal injury law firm that can obtain the maximum settlement or verdict for your accident claim.

What is a Top Personal Injury Law Firm in Indianapolis, Indiana?

That’s simple; trust the Law Office of Craven, Hoover, and Blazek P.C., just like thousands of Hoosiers before you.

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn how to get started on making a personal injury claim in Indianapolis, Indiana. Our compassionate accident attorneys are well-versed and experienced in several practice areas, from slip, trip, and fall accident claims, to auto accidents, semi collisions, medical malpractice, product liability, workers’ compensation, catastrophic injuries, and much more. When you walk into our office for your free consultation, you will instantly feel confident that you are in good hands. We offer free initial consultations and never collect lawyer fees unless we recover a settlement or verdict for you. Call 317-881-2700 to get started, today.

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.

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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.

The Key Liability Questions in Slip and Fall Lawsuit

Posted on December 8, 2020 by admin

Accidents happen, as we all have come to learn. But when they happen on someone else’s property due to negligence, the principle of legal liability must come into play. Slip and fall accidents are among the most common premise liability lawsuits in Indiana, and they typically result in several different types of damages suffered by the injured victim, including hospital bills, medical expenses, time missed at work, prolonged physical therapy, pain and suffering, and more.

If you were injured on another’s property, whether a commercial place or a home, you could be entitled to certain compensation if you were not at fault for the accident and the property owner or possessor of the property was. There are some key liability questions to ask in a slip and fall lawsuit that can help you determine the path of your case.

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Slip and Fall Liability Facts

When it comes to a slip and fall case, it is the claimant that has the burden of proving that the property owner or possessor was negligent, and that their negligence was one of the responsible causes of the accident and subsequent injuries they’ve suffered. In order for it to be proven that a property owner or possessor is legally responsible for a victim’s slip and fall accident, liability has to be established.

The two primary questions that must be answered to accomplish this are:

► Which parties involved in the case are potentially liable? There can be several parties involved in one personal injury case, all of which could be potentially liable. Possible examples of liable parties in a slip and fall lawsuit include property owners, proprietors, managers, store owners, maintenance contractors, property managers, etc…

► Were the parties indeed negligent or careless? After identifying which parties involved in a slip and fall case could be potentially liable, consider whether or not they actually acted, or failed to act, in a way that caused the accident. For instance, a store owner failing to clean up a broken pickle jar within a reasonable amount of time. Property owners and/or possessors have a duty to exercise reasonable care for persons invited onto the property. It is important to hire a personal injury attorney right away, as surveillance video evidence regarding the fall and when the last inspection of the area of the fall occurred are extremely important in a slip and fall case.

Proving Your Slip and Fall Case

As an injured victim who has suffered damages as a result of a slip and fall accident in Indiana, you need a skilled and experienced personal injury lawyer to fight for your right to full and fair compensation. They have the knowledge and resources to document an impactful case proving your damages, as well as your use of reasonable care regarding the accident. You see, property owners and their insurance carriers will try to argue that it was the victim’s fault they slipped and fell on their property. Such arguments will need to be refuted by your attorney.

Your Trusted Indiana Slip and Fall Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced Indianapolis personal injury attorney who handles Indiana slip and fall claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped to recover the full and fair amount of compensation you deserve after being seriously injured at a store or on another’s property. Recover for damages and losses, including medical expenses, hospital bills, lost wages, and more. We represent injured victims all throughout the State of Indiana, so get started with a free consultation, today.

How to Try to Prevent a Heavy Lifting Injury at Work

Posted on December 4, 2020 by admin

When it comes to your job, there is always something you’ll need to pick up and move around. But some jobs require particularly heavy lifting, or repetitive lifting, which can result in injuries. Those who work in childcare, manufacturing, warehouses, nursing and construction are examples of some careers that see a lot of lifting. It is important to try to condition yourself for such duties, otherwise you can potentially suffer a serious injury caused by lifting heavy things and by repetitive lifting.

Continue reading to learn some tips on how to prevent a heavy lifting accident at work, whether you are subjected to such duties regularly or not.

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Trying to Prevent Serious Lifting Injuries

There are several ways you can be proactive when it comes to preventing any type of lifting injury, regardless of weight or size. There are stretching exercises to help strengthen core muscles, which can help prevent injuries of all kinds, such as Pilates and Yoga. There are also certain techniques that help reduce lower back strain when lifting something heavy, such as keeping your spine straight while lifting with the knees and not the back.

There is also a wide selection of braces and muscle support gear available at local department stores. No matter what type of job duties required of an employee, it is recommended to not lift more than 50 pounds of weight manually, unless aided by another person or lifting equipment. Examples of common lifting equipment include forklifts, ramps, wheelbarrows, pallet jackets, hand trucks, and lift gates.

Heavy Lifting at Work

In vocations where heavy lifting is a regular duty, employers have a duty of care to properly train all staff in safe lifting practices, as well as provide the proper lifting equipment and materials for safety purposes. The most common types of lifting injuries are muscle strains and soft-tissue tears, all of which can occur on a wide scope of severity. However, several other types of lifting injuries take place on a daily basis all around the country, including herniated discs, back injuries, spine injuries, neck injuries, shoulder injuries, hernias, pinched nerves, knee injuries, fractures, and carpal tunnel syndrome.

Although your employer is required under law to prepare you in all the proper methods and techniques of lifting in your job, this does not always happen, or at least, adequately. In such cases, you will want to learn your rights to be compensated for your resulting damages, such as medical bills and lost wages from taking time off work. Start by talking to a licensed Indiana personal injury lawyer about making a workers’ compensation claim. In Indiana, if you are injured at work while performing work related activities, you are entitled to worker compensation benefits regardless of whether or not your employer did anything wrong in causing the injury.

Indiana Workers’ Compensation Attorneys You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated at your place of employment, or while performing work-related duties. Our seasoned personal injury lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more.

Do I Need a Lawyer for My Personal Injury?

Posted on November 30, 2020 by admin

There are several different personal injury practice areas, from slip, trip, and falls, to car accidents, workers’ compensation, medical malpractice, defective product liability, elder abuse, trucking accidents, wrongful death, and more. No matter which type of personal injury or accident you’ve recently suffered, when deciding whether or not to hire a lawyer to represent your claim, the answer is always yes. Even if it to just get a review or your case and the relevant issues.

Continue reading to learn why it is essential to hire a skilled accident attorney, and where to get a free case evaluation to determine if you are eligible to pursue legal action against a negligent party in Indiana.

What a Personal Injury Lawyer Can Do for You

The law is complex, so managing your own personal injury case is not something you want to attempt. Furthermore, after suffering injuries and damages after an accident, you need to be focused on your physical and mental recovery, and not on complicated legal matters. A personal injury lawyer is more than just a legal advocate for their clients; they manage all aspects of their client’s claim, including investigations, initial demands, settlement negotiations, case development, complaint filing, litigation, and everything in between.

Professional legal representation by a seasoned personal injury attorney is the key to obtaining the maximum settlement or verdict for a claim. The insurance company for the defendant will act like you do not need an attorney and will even sometimes advise you that, but during that time period, evidence is being lost. It is vital to your case that the evidence be obtained and preserved.

How to Get Started With Your Personal Injury Claim in Indiana

If you have been involved in a personal injury, your first step is to obtain medical care and then hire an attorney immediately. Not only are there statutes of limitations that limit how long a claimant can file a claim, evidence can be lost forever if not obtained quickly. To find out the answers to your eligibility to make a claim, contact an Indiana personal injury law firm and schedule a consultation with a certified accident attorney. We provide initial consultations for free, which allows you to learn your legal options with no obligations.

Choosing the Right Indiana Personal Injury Lawyer for Your Case

There are several Indiana law firms to choose from, but be sure your selection is based on reputation and successful case results. Look for a personal injury lawyer who can offer a free consultation and works on contingency.

Trust the Law Office of Craven, Hoover, and Blazek P.C. for Indiana Personal Injury Representation

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indiana. Our seasoned accident attorneys work tirelessly to ensure our clients’ rights to full and fair compensation. We offer free initial consultations to access your case, and never collect attorney fees unless we obtain a settlement or verdict for you! Call 317-881-2700 to schedule your free initial consultation with an Indiana personal injury lawyer, today.

Important Personal Injury Legal Terms You Need to Know

Posted on November 24, 2020 by admin

If you or a relative or friend was recently injured in an accident and suffered a serious injury, you have to file a personal injury claim to recover compensation for your related losses and damages. To better understand your personal injury case, it is wise to speak with an experienced accident lawyer who can answer all of your questions, clearly and in real time. Another wise initiative is to learn some important personal injury claim and legal terms to better prepare yourself for your scheduled consultation.

Continue reading and review some common legal terms that are frequently used under the circumstances of a negligent injury or accident.

Personal Injury

A personal injury is harm or damage incurred as a result of another’s carelessness or negligence. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, and more. Mental anguish, pain and suffering and emotional trauma that occurs following an injury are also considered damages.

Liability

The term liability refers to one’s obligation or responsibility. For example, if a drunk driver causes another driver injury, the drunk driver is liable for the victim’s damages and the drunk driver’s insurance carrier pays for those damages. It is the at-fault party’s insurance carrier who will pay for the injured victim’s claim. If the at-fault party is not insured, the injured party’s own insurance company may pay for any claim caused by the uninsured motorist.

Party

The term “party” sometimes refers to either the defendant’s side or the plaintiff’s side. This includes the person, their insurance company, and their attorney. There are first party claims and third party claims, which you will learn more about below.

Claimant

The claimant is the person filing the personal injury claim. This can be one person, the victim, or the family of a victim. Once a lawsuit is filed, the claimant become the plaintiff.

Tort

A tort is a wrongful or immoral act that causes another person injury or harm. Often times, you will hear this area of law referred to as tort law. This brings us to our next term.

Tortfeasor

Also referred to as the “at-fault party”, the tortfeasor is the actual person who engaged in negligent conduct or who failed to use reasonable case that caused someone harm or damage. They can also be the defendant if they are the ones being sued.

First Party Insurance

As we already know, the term “party” refers to either the plaintiff side or the defendant side. Well, first party is always the plaintiff side, in particular, their insurance company. A plaintiff might file a claim with their insurance company for money for damages.

Third Party Insurance

This is a defendant’s insurance company. It is commonly the insurance companies that pay out compensations or negotiate recompense in personal injury cases.

Third Party Claim

Different from third party insurance, a third party claim is when a person files an additional claim against a separate entity involved in causing their injuries. For example, if a person is severely injured at work while delivering a pizza, they can file a worker’s compensation claim (first party claim) with the company’s insurance provider since they were injured while working, and then they can file a third party claim against the person who collided into their vehicle while they were working.

Adjuster

The adjuster is a person that is employed or hired by an insurance company to investigate and handle a personal injury claim made against a defendant since it will be the defendant’s insurance company and not the defendant themselves who will be paying any judgment or settlement. Their primary objective is to argue why the injured party’s case has little to no value since their employer, the insurance carrier, has to pay for any settlement or judgment.

Your Trusted and Motivated Personal Injury Law Firm in Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our seasoned personal injury accident attorneys in Indianapolis, or anywhere within Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing accident victims in the state. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you!

What You Need to Know About Car Accident Insurance and Injury Claims

Posted on November 17, 2020 by admin

When a car accident occurs, and a person is seriously injured by an at-fault driver, they may be entitled to file an insurance claim and receive a settlement. In most cases, even for property damage, an insurance settlement is often the most reasonable choice, unless the offer is simply unreasonable. In this case, an attorney might try to settle out of court for a client, but if an reasonable agreement cannot be made, then it’s usually taken to court and presented to a judge or jury for a verdict. There are several options for pursing a motor vehicle accident claim, as you can see, and more to know about each.

Continue reading to learn about filing an auto accident injury or insurance claim, and who to consult for accurate industry advice and counsel.

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Car Insurance Accident Claim Settlements

Just like all other cases, insurance claim settlements vary in outcome. There are a few considerations to be aware of before moving forward with an insurance auto accident claim. For example, if you sustained only minor injuries, and only required a few doctor visits and check-ups, then a simple insurance claim should cover your damages. Damages include hospital bills, medical expenses, pain and suffering, medication, and property damage.

Insurance companies sometimes want to settle as soon as possible, but quick settlements can be a mistake. This is because once a person signs and accepts the offer, the case is immediately closed and cannot be brought back up ever again. If more injury or costs come up after the settlement is closed, the insurance company is not obligated to cover those additional or prolonged expenses. This is why it is important to hire a skilled and experienced Indiana car accident injury attorney to facilitate your claim and make sure that you are fairly and fully compensated.

Out of Court Claim Settlements

In order to receive the compensation that will fully cover all related expenses, medical, pain and suffering and property damages, you should take your claim to a lawyer so they can document the evidence in the case to present it to the at-fault driver’s insurance company in an organized and professional manner. Moreover, experienced trial attorneys like those at Craven, Hoover, and Blazek P.C. will be able to take your case to trial, should the insurance company not make a fair offer for your case.

Out of court settlements are best for all parties involved so long as the offer being made is full and fair. In addition, the expenses for expert witnesses and the time involved in taking a case to trial are diminished if the case does not proceed all the way through a trial, making it less expensive for the case to resolve, which ends up getting more money in a client’s pocket out of a settlement offer.

Your Trusted Personal Injury Car Accident Lawyers in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a car accident injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are fully-prepared to recover the full and fair compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured persons throughout the State of Indiana.