When Will the Settlement Negotiations Begin for My Accident Claim?

Posted on May 5, 2020 by admin

When you are injured in an accident that was not your fault, it is important to hire a personal injury lawyer to represent you in your claim because they have the knowledge and resources to ensure you recover a full settlement from the insurance company. One of the most crucial stages of the personal injury claim process is settlement negotiations. During this time, your legal team will go back and forth with the insurance company until they have reached a fair settlement. If no settlement is reached, then a jury will decide the case. What many personal injury claimants are eager to know, however, is when their settlement negotiations will begin. As an accident victim, you might be wondering this, too.

Continue reading to find out what to expect surrounding your potential accident claim negotiations.

The Start of Settlement Negotiations

Normally, a demand letter is not sent to the defense until the injured person has completed their treatment or until the person has reached maximum medical improvement, meaning no further care will make the injured person better. Of course, part of a demand includes providing all relevant medical records, medical bills and lost wage documentation, as well as possibly obtaining expert witness and physician reports in some cases.

Once the opposing party’s insurance adjuster receives the demand letter, written by your personal injury lawyer, the settlement negotiations can begin. Such negotiations will take place among you, the insurance adjuster, and your legal team, however, your lawyers will speak on your behalf. Although an insurance adjuster will usually call you within one to two weeks of receiving the demand letter, the first document you will likely receive after sending it is a Reservations of Rights letter.

Demand Letters and Reservations of Rights Letters

A Reservations of Rights letter is an official document sent by the insurance company to let you know they have received your demand letter and have decided to begin investigating the claim, but they reserve the right to not pay you anything if it turns out that the accident is not covered under the particular policy. See our blog, “The Difference Between a Reservations of Rights Letter and a Demand Letter” to learn more about these two important documents.

When Adjusters Do Not Respond

In some cases, insurance adjusters can take some time to get back to claimants. This is usually a result of being busy with other cases, or needing time to study the claim and review all the medical records. If they do not get back to you within 4 weeks of sending your demand letter, your lawyers to take action by contacting the claims department. If a specific date still cannot be set for the adjuster to respond to the demand letter, your lawyers might decide to go above their head and contact their supervisors.

How to Get Help With Your Indiana Accident Claim

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential personal injury claim with licensed Indianapolis accident attorneys you can trust. Our law firm offers free initial consultations and never collect lawyer fees unless we recover a settlement or judgment for you. We represent clients throughout the State of Indiana. Be sure to get started on learning more about your claim soon, before the Indiana statute of limitations runs out! The sooner you retain us, the sooner we can start collecting the evidence necessary to prove your case and before that evidence is lost.

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

Can I Make a Workers’ Compensation Claim if I Get Food Poisoning at Work?

Posted on April 30, 2020 by admin

Employees can face several risks and dangers at work. From inclement weather and repetitive lifting, to chemicals, crime, heavy machinery, and more, the list of possible dangers is quite broad, and can happen among a wide range of industries. Although the risks for many professions are quite obvious, any place or position of employment can pose certain dangers. One such danger can be food.

One might not generally think that the food they eat at work can put them at risk of getting sick, but the truth is, food poisoning is a very common illness that can cause severe symptoms and high levels of pain for several days or worse; and it can be easily contracted in a workplace setting given certain circumstances.

Indiana Workers' Compensation Lawyers — Indiana Workers’ Compensation Lawyers 317-881-2700

Were You Performing Work-Related Duties?

Sure, there’s is always a risk of getting hurt or being involved in an accident when you step out into the world. But when it happens while you are at work, you may be entitled to compensation for your losses and damages, so long as the injury occurred while you were performing work-related duties. In the case of food poisoning, the contaminated food or drink must have been consumed while you were doing something for work. Because if you were not performing work-related duties while consuming the contaminated food that caused you to develop food poisoning, then you would not have a valid workers’ compensation claim; or, it would be extremely difficult proving that you do.

It can be confusing to understand what constitutes “at work” or “performing work-related duties”, so it is important to contact an experienced personal injury lawyer to determine if your workers’ compensation claim is a valid one or not. They have the resources, knowledge, and experience to assess your case for validity and implement the best strategies for financial recovery. There are 3 helpful examples in which food poisoning would be a valid workers’ compensation claim, and a few more in which it would not.

Examples of Valid Workers’ Comp Claims for Food Poisoning

The contaminated food or beverage must have been consumed while an employee is either performing or participating in work-related activities. Here are some examples below for a better understanding of when food poisoning may be work-related:

Your employer benefited from you eating the food. If your job is to taste food, and your employer benefited from you tasting and eating the food you ate, then you could have a valid workers’ compensation claim. This could apply to food critics, food bloggers, restaurant cooks, servers, bartenders, and other vocations in which food tasting would be common part of the job.

Your employer provided the food. If your employer supplies the food that caused you to develop a food-borne illness, you could easily have a valid claim. For instance, if you were attending a mandatory paid work meeting that the employer had catered, and the food gave you food poisoning, it could be a valid workers’ comp claim. In contrast, if you get sick from your own food you brought from home and ate at your desk, you would not.

You developed food poisoning from a workplace cafeteria that is for employees only. Some workplaces have cafeterias that are strictly for employees to eat in, while others may have one that is open to the general public and employees. If you develop a food-borne illness in a cafeteria setting that is provided by the employer strictly for employees, you could have a valid claim. If the café is public, you would not.

Get a Free Consultation With an Indianapolis Workers’ Comp Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with a workplace injury claim in Indianapolis, Indiana. Our seasoned workers’ compensation lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury while performing work-related duties. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

Am I at Risk of Any Consequences if I File a Personal Injury Claim?

Posted on April 27, 2020 by admin

Making any sort of claim is a serious process that requires a certain degree of responsibility. When it comes to making a personal injury claim, it is common for people to have an even higher level of concern since the outcome is so vital to their overall recovery and future quality of life. One such concern that seems repetitive among claimants is the question of risk in terms of moving forward with a personal injury claim. People wonder, “Are there long-term consequences?”, “Will I have to make sacrifices?”, and “Is the process worth it?”

The truth is, claimants do not take on any risk, nor face potential consequences, in a personal injury case. In fact, it is quite the opposite. Continue reading to learn why.

Personal Injury Attorney Law Firm 317-881-2700

Personal Injury Contingent Fees

One of the most common concerns among personal injury claimants is finances. They often wonder how much it costs to hire a personal injury lawyer to represent them in their case, as well as, how much money they will have to pay out of pocket through the entire process.

The good news here is that most personal injury lawyers, including Craven, Hoover & Blazek, P.C., work on a contingency-fee basis, which means they do not collect any fees upfront, and only do so if they recover a settlement or judgment for their client. So, if your lawyer is unsuccessful at obtaining a settlement or judgment for your claim, you do not have to pay them.

You do, however, have to pay for non-lawyer related costs, such as filing fees, court costs, investigator costs, costs for obtaining medical records, deposition costs, legal research costs, and more. But most often, these expenses are paid after your case is complete. See our blog, “The Costs of a Personal Injury Lawsuit” to learn which additional fees you might be expected to pay in a personal injury lawsuit.

Financial Impacts

Another common concern regarding personal injury claims and settlements is taxes. Many wonder whether or not they have to pay taxes on their settlements, as well as, whether or not the claim itself will have an impact on their credit. See our blog, “Do I Have to Pay Taxes on My Personal Injury Settlement?” to learn about taxation on claim settlements. As for credit, filing any sort of claim or lawsuit will have no negative nor long-term effect on your credit score and borrowing abilities.

Get Advice From an Indianapolis Personal Injury Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. Our seasoned personal injury lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury in an accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

The 3 Elements of Proving a Defamation Lawsuits

Posted on April 24, 2020 by admin

Whether you are a victim of libel or slander, there are three particular truths that must exist in order to be successful with a defamation lawsuit. Continue reading to learn what your legal team must be able to prove for you to win your case.

Defamation and Freedom of Speech

Defamation laws are in place to protect our reputations from false and injurious statements made by other people or entities. So, if a person or entity (such as business) is guilty of any type of defamation, whether slander, libel, or a combination of both, they can face serious legal consequences in civil court. Although one might argue our 1^st Amendment rights, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,” if there is clear and concise evidence that a statement damaged a another’s reputation, and therefore, caused them to suffer damages and losses, a court will likely side with the victim.

Difference Between Libelous and Slanderous Statements

According to the American Restatement of Torts, a statement can be considered defamatory if, “it tends so to harm the reputation of another as to lower them in the estimation of the community or to deter third persons from associating with him.” Slander is the spoken form of defamation, while libel is the written and published form of defamation.

For instance, defaming a person or business on a radio broadcast would be considered slander, while publishing a blog online with defamatory statements about a person or business would be considered libel. Read our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to learn more information about the differences between these two types of defamation.

Elements to Win a Defamation Case

As a victim of defamation, your hired legal team would hold the burden of proving that the defendant was guilty of libel or slander. In order to do so, your personal injury lawyers would need to demonstrate that 3 specific elements exist:

⚖ The defendant made an untrue and defamatory remark regarding the plaintiff.

⚖ The defendant made the remark to a 3^rd party, knowing (or should have known) that the remark was false.

⚖ The publisher demonstrated negligence by publishing the defamatory remarks.

Keep in mind that in some cases, the plaintiff legal team must also prove certain special damages in addition to the elements listed above. It is important to retain experienced personal injury representation if you or your business have been significantly affected by defamatory statements made by another.

Speak to a Trusted Defamation Attorney in Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent defamation experience. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

Don’t Make These Common Mistakes With Your Personal Injury Claim

Posted on April 17, 2020 by admin

As a personal injury claimant, your most important responsibility is to follow the instructions of your representing attorney. That means ensuring you do not fall victim to some of the most common and damaging mistakes with your claim. Continue below to learn what these common personal injury claim mistakes are, and what you can do to protect yourself during the entirety of the legal process.

Common Accident Claim Mistakes to Avoid

If you have been involved in an accident in which you sustained injury, it is vital that all proper and necessary steps are taken to file a personal injury claim against the liable party. Unfortunately, doing this on your own can leave room for mistakes. If a mistake is made during the filing process, you can be denied compensation for your injuries. Here are the most common personal injury mistakes made among claimants:

Failure to Document the Accident Scene

It is understandable that many victims of personal injury fail to document the scene of the accident. A combination of shock, emotional trauma, and pain can interfere with a person’s intent to document the accident sight. It is highly recommended to take photos and video to record the happenings, locations, and other various circumstances surrounding the accident if you are physically able. In the case that a person is injured too severely, a legal representative can help track down ambulance and police records following an accident. Having these records and documentations is a great advantage for someone pursuing legal compensation for their injuries, medical bills, and time off work.

Failure to Seek Medical Attention

Another common mistake people make following a personal injury is failing to seek medical attention soon enough. Defense adjusters argue that a claimant is not as injured as they state they are if they did not seek immediate medical care, even though they are fully aware that it is very common for injuries to manifest day, weeks and even months following a collision. In emergency situations in which an injury occurs instantly, such as broken bones, 3^rd degree burns, or serious lacerations, it is common to go to the emergency room and be seen by a licensed ER doctor and their medical team.

In the case that you experience an onset of injuries, meaning your injuries are not apparent right away, but appear and worsen days, weeks, or months later, you must see a doctor on your own as soon as the symptoms manifest. Do not assume that your symptoms will just go away on their own. If the injury is serious, go to the emergency room. If you are not sure of the extent of severity, you can start by contacting your primary care physician or family doctor to obtain good medical advice on what you should do.

Giving Statements Without Legal Representation

If a person is involved in an accident that caused them to sustain personal injuries, it is important for them to never give any statements concerning the accident to the defendant’s insurance company unless they have a lawyer present. Legal representation during a personal injury lawsuit is vital when it comes to seeking just and fair compensation. Speaking to a personal injury attorney before making any statements about the accident is an important step to obtaining full and fair compensation for damages and injuries following an accident.

Trusted Indiana Accident Attorneys Who Can Help You Recover The Compensation You Deserve

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Seasoned accident lawyers, Dan Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in an 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. Contact us to get started in your financial recovery, today.

Current COVID-19 Procedures for Craven, Hoover, Blazek P.C.

Posted on April 15, 2020 by admin

Here at the Law Office of Craven, Hoover, Blazek P.C., our personal injury lawyers are doing all that we can to remain protected and reduce the spread of COVID-19 during this unprecedented and uncertain time. Through social distancing, we can alleviate the concern we have for our staff and clients, alike.

Accordingly, we would like to inform our valued clients, both current and potential, that our office will remain open, Monday through Friday, 8am to 5pm. We will be operating virtually, as all appointments will be scheduled over the phone or via email; but if an in-person appointment is required, we will make those arrangements as needed.

As a client, you are our top priority, and we will do all that we can to help you with your personal injury legal matters. Please contact us at 317-881-2700, or email us directly from our website, for questions, or to schedule an appointment with one of our esteemed attorneys.

How to Get in Touch With Us

OFFICE ADDRESS:
7550 S. Meridian Street, Suite C
Indianapolis, IN 46217

PHONE (317) 881 2700
TOLL-FREE (888) 881-2700
FAX (317) 885-4884

OFFICE HOURS:
Monday – Friday
8:00 am – 5:00 pm

Who to Call for Personal Injury Claim Representation in Indiana

Posted on April 14, 2020 by admin

Being hurt in an accident is an experience that brings about a string of difficulties; but finding compassionate and professional legal representation for you and your personal injury claim should not be one of them. In order to be offered the full and fair compensation you deserve as a victim of an accident that was not your fault, you need an aggressive and experience accident attorney working your case who can handle your claim from start to finish, adequately protecting your rights to remuneration.

But how do you find a good personal injury lawyer in Indiana? You already have.

Contact the Law Office of Craven, Hoover, and Blazek P.C. to schedule a consultation with a seasoned injury lawyer who truly cares about your physical and financial recovery. All first consultations are free of charge, so there is no out-of-pocket expectations when you meet with us in the beginning. Best of all, our Indianapolis law firm works on a contingency-fee basis, which means clients never pay any upfront attorney fees. In fact, we only collect lawyer fees if we recover a settlement or judgment for our clients.

What does this mean for you as a recent personal injury victim? It means that you have nothing to lose and everything to gain when it comes to obtaining professional and accomplished personal injury representation for your claim.

How to Get Started

As mentioned previously, our law firm offers FREE initial consultations, which allows you to sit down with a licensed accident attorney and discuss your recent accident and subsequent damages and losses. See our blogs, “How a Personal Injury Consultation Will Ease Your Mind After an Accident” and “What to Bring to a Personal Injury Consultation” to learn what you need to know about your first meeting with an injury attorney. During this consultation, you will learn a brief introduction to the laws surrounding your type of case, as well as your options for legal recourse.

Why You Should Choose Our Law Firm

Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, medical malpractice law and wrongful death law and have extensive trial and litigation experience with a written track record of success. Our teams gather all relevant information needed for the case, go head to head with the insurance companies, handle all communication and negotiations with the opposing parties and will go to trial if the defendant’s insurance company will not make a full and fair settlement offer, all to obtain fair compensation and justice for our injured clients. We want everyone to have a chance at justice following a serious accident caused by another’s negligence. This is why we operate on a contingency fee basis, meaning we never collect lawyer fees unless we win compensation for you.

Schedule a Consultation as Soon as Possible

Do not wait too long to learn about your personal injury compensation rights. If the statute of limitations runs out, you are no longer able to make a claim. It is always better to contact us as soon as possible after the accident and injury so information and evidence is not lost. Contact our law office today at 317-881-2700 and schedule a free initial consultation. We represent clients throughout the State of Indiana.

Do I Have to Pay Taxes on My Personal Injury Settlement?

Posted on April 10, 2020 by admin

Are you wondering whether or not your personal injury settlement is taxable? This is an important question to ask since sometimes the answer is yes. However, it is more common for recipients of personal injury settlements to not have to pay state or federal taxes on the amount they are awarded following the conclusion of a case. Continue reading to learn more, particularly as it relates to Indiana law.

General Rule of Personal Injury Payouts

Personal injury settlements are awarded to compensate victims for their damages and losses. Because of this, the general rule of thumb applied to personal injury payouts and income tax is that recipients do not have to pay taxes on the compensation they recover in a case. Yet, as with all things in life, there are always exceptions to the rule. Sometimes, personal injury compensation is taxable.

Taxable Settlements

Regardless of whether compensation is recovered in or out of court, so long as the recipient’s settlement is awarded to compensate for physical illnesses and injuries, their gross income is excluded from being taxed under the federal income tax code. As for state tax codes, they simply follow suit with federal tax codes, which means a personal injury settlement is exempt from being taxed by the state as well. You can get detailed information about this at IRS.gov.

Non-Injurious Compensation

For those who are awarded personal injury compensation for punitive damages, recipients are not typically exempt from paying state or federal tax. Punitive damages, also known as exemplary damages, are not intended to compensate a victim for the loss of their quality of life. Instead, they are meant to punish the at-fault party, as well as, set a public example and deter the particular type of gross negligence involved in the accident. See our blog, “What are Punitive Damages in a Personal Injury Lawsuit?” to learn more about the types of damages awarded in a personal injury case.

Although recipients of compensation for punitive damages must pay taxes on their settlement, they are allowed to deduct attorney fees from this amount. For instance, if a personal injury victim is awarded $100,000 and their lawyer uses the 1/3 contingency fee payment arrangement, they could deduct $33,333.33 from their settlement amount, leaving only $66,666.67 to be taxed.

✏ Compensation for Physical Injuries and Illness – NOT TAXABLE
✏ Compensation for Non-Physical Injuries –TAXABLE

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

How to File a Personal Injury Complaint in Indiana

Posted on March 31, 2020 by admin

Were you or your loved one recently injured in a serious accident, and now you wish to take your claim to court for the purpose of recovering full and fair compensation for your damages and losses? If so, you need to know what a personal injury complaint is, and how to properly file one in Indiana.

Continue reading for the facts about the single document that will get your personal injury lawsuit into motion, and on the right track.

Indiana Personal Injury Attorneys 317-881-2700

Personal Injury Complaints

Most personal injury claims are settled out of court with the help of a seasoned accident attorney. However, there are some cases that do go to trial, even when a legal professional is handling the claim. When such claims are taken to court, a personal injury complaint is the document a victim files to get the lawsuit started. Keep in mind, the representing personal injury lawyer is the party who actually manages the filing of this document; so, as a client, you would not be responsible for filing a personal injury complaint.

A standard personal injury complaint document is separated into specific sections that contain the basic information about the claim and the plaintiff, including court information, facts about the accident, the relevant law, and the losses and damages of the plaintiff. Depending on the circumstances of the claim and personal methods of a law firm, complaints may also contain the legal basis for filing the lawsuit, such as an explanation as to why the plaintiff feels entitled to compensation for their damages and losses. See our blog, “An Overview of Indiana Negligence Laws” to better understand your legal right to compensation after being hurt in an accident.

Statutes of Limitations

Here in Indiana, the law gives personal injury claimants 2 years from the date of the incident to make a claim against the at-fault party in most situations. See our blog, “Is it Too Late For Me to Make a Personal Injury Claim?” to learn more about our state’s statute of limitations. Applicable time limits are substantially less, depending upon who the at-fault party is, so it is very important to call an injury attorney as soon as you have been able to obtain your initial treatment for your injuries.

Who to Trust With Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Our esteemed personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek will work hard so you can recover the full and fair compensation you deserve after being injured in a serious accident. Not only do we represent injured people throughout the State of Indiana, we never collect lawyer fees unless we obtain a settlement for you.

Facts About Making a Wrongful Death Claim in Indiana

Posted on March 27, 2020 by admin

When a person loses their life as a result of someone else’s negligent actions (or inactions), it is regarded as a wrongful death under law. The most common types of wrongful death cases here in the United States are car accidents, negligent supervision, elder abuse, and medical malpractice.

If you suspect that your loved one was a victim of a wrongful death, it is important to take legal action right away, starting with a consultation with a licensed personal injury lawyer who concentrates on wrongful death claims. Learn your rights to full and fair compensation, and be granted the financial assistance and stability your family deserves during this difficult time.

Continue reading to learn what you need to know about making a wrongful death claim in Indiana, including how to get started and which law firm to trust with your claim.

Indiana Wrongful Death Lawyers 317-881-2700

Authority to File a Wrongful Death Claim

In Indiana, and most other states, only immediate family members can file wrongful death claims. This includes parents, legal guardians, husbands, wives, daughters, and sons. It can also be anyone who was legally dependent on, or a beneficiary of, the deceased. If it is proven that a loved one was a victim of a wrongful death, these kinds of parties would be the ones entitled to filing the claim and receiving monetary compensation through a settlement or trial.

Wrongful Death Case Criteria

Not all accidental deaths qualify as a wrongful death under the eyes of the law. In order for a wrongful death claim to move forward, certain facts must be true and proven. Some basic elements that should be in place for all wrongful death claims are:

➤ A person died.
➤ A person died as a result of another’s negligence or intent.
➤ The deceased has immediate family or other dependents who will suffer financially as a result of their loss.
➤ A private estate representative should be appointed by the family and can be a family member.

Compensation for Wrongful Death Victims

Courts use certain criteria to determine the total damages a family will be awarded in a wrongful death claim. Such factors typically include the amount of money earned by the deceased, the loss of companionship experienced by the family members (namely spouses and parents of young children), the degree of dependency the surviving family members or others had on the deceased, incurred expenses paid by the surviving family members as a result of the wrongful death, and much more.

Top-Rated Wrongful Death Lawyers in Central Indiana

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have recently lost a loved one in a wrongful death accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for the wrongful death of your loved one, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your wrongful death lawsuit or claim.