The Difference Between a Reservations of Rights Letter and a Demand Letter

After being hurt in an accident that was no fault of their own, an injured victim will likely make a claim against the at-fault party’s insurance carrier in order to collect compensation for their damages, including property damages. Upon doing so, the first document they will send to the insurance adjuster is called a demand letter. Likewise, the first document they might receive in return from the insurance provider is called a “reservations of rights” letter.

Continue reading to learn the difference between these two documents, and how to ensure your claim is on the right track to a successful outcome.

Personal Injury Law Firm 317-881-2700
Personal Injury Law Firm 317-881-2700

Demand Letters

Initial demand letters are for property damages.  Once an injured party has finished their medical care, a demand letter for personal injuries is sent.

After sustaining injuries associated with an auto accident that was the other driver’s fault, you may need to take charge fast in order to receive compensation for property damages, medical bills and emotional suffering.  One strategy is to develop a solid letter of demand to the at-fault driver’s insurance carrier.  A demand letter is a formally written memo that becomes the catalyst for negotiating compensation for the accident.

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated. Hiring a professional personal injury attorney who will write this demand letter is strongly advised for anyone involved in a personal injury auto accident case. 

In the introduction of a demand letter, often times, stone-cold facts are the focus, rather than hear-say, opinions, and accusations.  Facts and evidence are necessary to a personal injury auto accident case and any other case for that matter.  Once the introduction segment of the letter is complete, the demand section follows.  In the demand segment of the letter, facts and injuries, supported by the evidence, are set forth as well as a demand amount.

Reservations of Rights Letter

Once a personal injury victim files a claim with or against an insurance company, the first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. When victims receive a Reservations of Rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents.

Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A Reservations of Rights letter simply conveys to the claimant that the insurance provider for the at-fault party “reserves the right” to not pay for anything if the accident is not covered under the at-fault person’s or entity’s insurance policy. It also informs the claimant that they are still going to investigate the case to assess liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy.

How to Learn More About Your Indiana Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your unique Indiana personal injury claim. Our seasoned Indianapolis accident lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries in an accident that was not your fault. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!  We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

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Tactics Used By Insurance Companies To Try To Lower Bodily Injury Settlements

When it comes to bodily injury settlements, the insurance industry wants to payout the lowest amount possible; and the tactics they use are exceedingly unfair and misleading. If you are involved in an accident claim, be sure you do not fall victim to insurance company tricks to settle low.

Continue reading to learn what you need to know about insurance settlement offers, including how to obtain the full and fair compensation you deserve.

Personal Injury Attorney Law Firm
Personal Injury Attorney Law Firm 317-881-2700

Quick Calling

The most common and corrupt practice used by insurance companies to settle as low as possible is to contact a victim directly after their accident; usually within just a few days. Why is this unfair? Well, there is no way of telling just how extensive a victim’s damages are until they have reached maximum medical improvement (MMI). Until then, the damages can continue to add up. So, if a victim accepts a low offer upfront, before they have finished recovering, they risk making mere pennies compared to what their case is actually worth.  An injury case should never be settled until a the injured person is completely healed and feels like they did before the injury or a doctor tells the injured party that they have reached MMI, which simply means the injured party has obtained as much improvement as they are going to with medical care.

Misdirection

Settling an accident claim out of court can be a complex process, and insurance companies sometimes use this to their advantage by confusing, intimidating, and manipulating claimants, in hopes that a victim will quickly accept their quick low-ball offer. For these reasons and more, hiring a personal injury lawyer to represent your accident claim and manage all insurance company negotiations is vital to your final settlement being complete. Without an accomplished legal team on the case, a victim has no way of knowing how to divert and dodge confusing insurance company tactics.

False Urgency

Although claimants have a generous amount of time to file a lawsuit, referred to as statute of limitations, insurance companies will operate as if time is running out and the claim must be settled as soon as possible. They will often urge victims to decide quickly, even implying that the offer won’t be on the table for much longer. The reality is, victims of general negligence have 2 years from the date of the accident, depending on whether or not the at-fault party is a governmental entity or not.  All injured persons should consult with an attorney soon after their injuries occur.

No Attorney

Insurance companies do not want you to hire or even talk to an attorney.  Insurance companies have their own attorneys on staff to assist their adjusters from day one in defending an injured party’s claim from the at-fault party’s perspective.  Shouldn’t you have your own experienced trial attorney looking out for your best interests as well from day one?  Absolutely.     

Who to Trust for Expert Indiana Accident Claim Advice

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent personal injury accident claim in Indianapolis, Indiana. We represent the seriously injured and surviving loved ones in wrongful death cases throughout Indiana. Our experienced injury lawyers know exactly how to spot and navigate around insurance company negotiation tactics, and will recover the full and fair compensation you deserve using our adept legal knowledge and resources. We offer free initial consultations and work on contingency-fee basis, which means you pay nothing unless we recover a settlement for you. Get started by scheduling your consultation, today.

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Can I Make An Injury Claim For My Hair Stylist Burning My Scalp?

Was your recent trip to the hair salon a full-blown disaster? If your scalp and the skin around your face are seriously burnt as a result of improper hair dyeing methods and/or misuse of products, can you make a claim against the salon or the stylist to seek compensation for your damages? Continue reading to learn how Indiana statutes and laws might provide relief under tort law principals for such cases.

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Personal Injury Attorney Law Firm 317-881-2700

Hair Salon Personal Injury Claims

In the case that you suffered serious burns, abrasions, or substantial hair loss as a result of your salon stylist’s negligent services, your claim would potentially fall under Indiana’s general laws of negligence. Negligence is general is defined as a failure to use reasonable care.

In order for it to be a valid claim, certain elements must exist. These include, but are not limited to:

❶ The stylist or salon owed the claimant a duty of care.

❷ The stylist or salon breached their duty of care by action or inaction.

❸ If it weren’t for the action or inaction of the stylist or salon, the claimant would not have suffered harm.

❹ The stylist or salon’s action or inaction was the proximate cause of the claimant’s injuries.

❺ As a result of the stylist or salon’s negligence, the claimant suffered damages.

You Must Prove Your Case

As the claimant, you (and your legal team) hold the burden of proving negligence (ie. the failure to use reasonable care) in order to be awarded a judgment for your damages and losses.

Do You Have a Valid Claim?

In the case of a hair salon, the primary questions are, “Did they owe you a duty of care?”, “Did they breach this duty of care?”, and “Did that breach cause you harm?” Hair salons and stylists are not always one party since many stylists rent booths at salons and sometimes operate as independent contractors. This factor can make such claims complex, so it is vital that you speak with a licensed Indiana personal injury lawyer for proper advice and legal guidance.

Legal Advice For Hair Salon Injury Claims in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential burn injury claim with a licensed Indianapolis accident attorney you can trust. Our law firm offers free initial consultations and never collects 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.

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Is the Landlord Responsible for an Apartment Slip and Fall Accident?

Were you recently injured at an apartment complex in a slip and fall accident? If so, there are some legal considerations you should be making right now. Continue reading to learn what you need to know about both tenant and landlord liability in a slip and fall case, including how to protect your rights to being compensated for your damages and losses.

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Indianapolis Slip and Fall Attorneys 317-881-2700

Slip and Fall Premise Liability

There is a legal principle known as premise liability, in which a property owner has a legal responsibility to ensure their property is safe and free of foreseeable hazards. In the case that a property owner fails to uphold this duty of care, and as a result a person is injured, they can be held legally liable for the injured victim’s damages and losses, such as hospital bills, medical expenses, lost wages, pain and suffering, and more.

When it comes to apartment and condominium complexes, the liability can shift back and forth between tenant and landlord depending on the unique circumstances of the accident, where exactly the fall occurred and the extent of the resulting injuries. For this reason, it is vital that you speak with an experienced personal injury lawyer who focuses on Indiana slip and fall claims. They can give you the proper legal guidance on the best course of action for your particular case.

Landlord Liability

A landlord can be held liable for slip, trip, and fall accidents in the case that a tenant or guest is injured. However, in order to be legally liable, the landlord must have failed to uphold their duty to keep the premises safe. For instance, if a landlord was aware of or should have been aware of a hazardous condition, but failed to do anything to resolve the problem, they can be held liable if someone is injured from that hazardous condition.

An example of a hazardous condition might be broken stair rails, malfunctioning elevator, water leaks, and similar maintenance issues that can pose serious dangers. In the case that a landlord has violated a state or city housing code, they have a higher chance of being held liable under law for any damage and losses incurred to individuals as a result of their negligence.

Overall, a landlord will likely be held liable for a slip and fall accident if:

➤ They knew about the condition;
➤ They should have known about the condition;
➤ They are the responsible party for fixing the condition;
➤ They had reasonable opportunity to resolve the condition;
➤ They failed to correct the condition before an injury occurred.

Tenant Liability

When it comes to tenants being responsible for a slip and fall accident, the circumstances surrounding the legalities are not much different from that of a landlord. The courts will look at the various aspects of the incident, including the location and circumstances of the hazardous condition, the seriousness of the injuries, and how much control each party had over the condition.

Consult With Our Indianapolis Slip and Fall Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and learn more about slip and fall cases in Indianapolis, Indiana. Our seasoned accident attorneys are ready, willing and able to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule your consultation with an experienced Indianapolis slip and fall attorney, today.  We represent persons injured as a result of someone else’s negligence throughout the State of Indiana.

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What is Maximum Medical Improvement in a Workers’ Compensation Case?

In a past blog, we discussed a legal principle under workers’ compensation law called Maximum Medical Improvement (MMI). Continue below to learn what maximum medical improvement means in a workplace injury case, and what you need to know about recovering from a serious injury after being hurt in an accident while working for your employer.

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Indianapolis Workers Compensation Attorneys 317-881-2700

Maximum Medical Improvement (MMI)

When a worker is injured in a workplace accident, they often end up involved in a workers’ compensation insurance claim. Whether the accident was their fault or not, in most cases, an injured worker will be entitled to compensation for their damages and losses. However, the legal procedures that are involved in personal injury compensation cases are quite specific, and one will only receive such benefits under certain circumstances, and to certain extents.

Injured workers, depending on the scope and seriousness of their injuries and losses, will be entitled to certain types of benefits, such as Temporary Total, Temporary Partial, Permanent Total Disability (PTD), and Permanent Partial Impairment (PPI). See our blog, “What Benefits Can I Get For My Workplace Injury Claim in Indiana?” for a brief explanation of each type of benefit. In Indiana, injured workers can receive benefits for hospital bills, medical expenses, lost wages, permanent disability, wrongful death, medical treatment, vocational rehabilitation, gas mileage for doctor appointments, and much more.

Maximum Medical Improvement (MMI) comes into play when an injured employee is awarded such benefits. In many cases, an injured victim receiving temporary total or partial benefits will only receive their benefits until they are diagnosed as fully-healed or as fully-healed as they are going to get by a licensed physician. This is referred to as Maximum Medical Improvement (MMI), which describes a patient that has reached their optimal recovery point, and no further improvement is possible. Keep in mind that MMI does not translate to healed. It simply means that no further treatment will improve their condition. Once a worker reaches full improvement, their doctor will assign a disability rating, which denotes their work limitations.

Talk to a Workplace Injury Lawyer for Help With Your Claim

For a better understanding of how workers’ compensation settlements work, consult with a trusted and seasoned Indiana workers’ compensation attorney as soon as possible. Indiana does have a statute of limitations that restricts how long you can make a claim for compensation. Be sure to schedule a consultation with a licensed personal injury lawyer who focuses on workplace accident claims before this time limit runs out.

Indianapolis Workers’ Compensation Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis workers’ compensation attorney who can determine the best strategies for your workplace injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.  We represent injured workers throughout Indiana and are located in Indianapolis, Indiana.

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How to Make an Injury Claim Against a Drunk Driver

If you were injured in a car accident due to a drunk driver, there is a very high probability that you are entitled to compensation for your resulting damages and losses. In order to recover remuneration from an at-fault driver, you must make a personal injury claim with the drunk driver’s insurance company or the drunk driver themselves if they were uninsured.  Moreover, if the drunk driver was uninsured, you can make a claim through the uninsured motorist provision of your own automobile insurance policy.  In the unlikely event a settlement is not reached, a lawsuit can be filed and pursued. 

Continue reading to learn how to get started on a car accident personal injury claim in Indiana, as well as, your options for suing a drunk driver.

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Indianapolis Car Accident Attorneys 317-881-2700

Drunk Driving Accidents

The statistics for drunk driving accidents are alarming, regardless of which state the data is coming from. Drunk driving accidents are among the most common types of motor vehicle accidents in the country. In fact, read our blog, “Eye-Opening Drunk Driving Facts and Statistics” to learn just how startling these numbers are. Not only are drivers and passengers common victims, pedestrians, cyclists, skaters, and more are also injured by inebriated drivers.

Compensation for Damages and Losses

With such high statistical numbers, car accident injury claims are also quite common. They fall under tort law, which provides financial relief for those wrongly injured by another person as a result of carelessness, negligence, gross negligence, or recklessness. If you are injured in an accident because of someone else’s actions or inactions, you can make a claim against their insurance company to recover compensation for damages and losses. Such losses generally include hospital bills, medical expenses, lost wages from time off work, and non-economic damages like pain and suffering.

How to Make Your Car Accident Claim

Most of the time, a claim is made by the victim (claimant) against the drunk driver’s insurance company. If a person is killed by a drunk driver, their family or next of kin can make a wrongful death claim against the drunk driver’s insurance company.  If the drunk driver’s insurance company will not settle the claim fairly, a lawsuit can be filed against the drunk driver and the drunk driver’s insurance company would have to pay the verdict received against the drunk driver, up to that driver’s automobile policy limits.

In order to make a claim against a drunk driver that has injured you in an accident, whether as a driver yourself, a passenger, or a pedestrian, your very first step is the most vital one; seek proper and thorough medical treatment. Once you are stable enough, your next step is also incredibly vital: contact an Indianapolis personal injury law firm to represent you in your claim. We have the knowledge, resources, experience, and skills to recover the full and fair compensation you deserve for your suffering and loses. Just be sure to choose the right personal injury law firm that can provide comprehensive and compassionate counsel.

Choose the Law Office of Craven, Hoover, and Blazek P.C.

Call us today at 317-881-2700 to discuss your Indiana car accident claim with a licensed accident attorney you can trust. Our licensed accident lawyers 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 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.

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Factors for Calculating a Personal Injury Settlement

After being hurt in an accident through the proven fault of someone else and suffering a long list of losses, you are owed a debt. Although there is no exact formula and equation that can tell you the exact value of your claim, there are several factors that will help you make a valid and reasonable estimation. Always talk to a personal injury lawyer to understand your unique accident claim and potential rights to compensation as every case is different.

In the meantime, continue below to review some of the most common factors used to compute a full and fair personal injury settlement value.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

How are Personal Injury Settlements Calculated?

Assessing the amount of damages in a personal injury case can be a challenging and complex process since so many variables influence the final decision. Not only do insurance companies use a basic damage formula to produce a settlement offer for claimants, courts and juries also play a vital role in evaluating the losses or injuries of a victim’s body, health, property, and overall quality of living.

The value produced by the damage formula is only the foundation used by insurance companies and personal injury attorneys during negotiations. The value may increase if the accident attorney can prove more damages or the extensiveness of damages. Furthermore, the percentage of fault among each party is assessed and applied to the deciding factors of the case. These are all vital and proven reasons why injured victims need a seasoned Indianapolis personal injury lawyer to represent their claim.

Top Personal Injury Factors Considered by Juries and Insurance Companies:

❖ Medical Expenses – Add up the total amount of medical bills, both covered and out-of-pocket. This includes hospital bills, physical therapy, medication, medical supplies, and similar costs.

❖ Estimated Future Medical Expenses – Estimate a reasonable value for your future incurred medical costs, such as medication, prolonged physical therapy, and similar expenses.

❖ Lost Earnings – Add up all of your lost wages from missing work. This includes any lost benefits.

❖ Future Lost Income – Estimate the sum of your future lost wages by determining how long you will be out of work as a result of your injuries.

❖ Property Damage – Add up your total value of property damage. This is generally pertinent in car accident claims.

❖ Multiplier for General Damages – A multiplier formula can be applied to approximate your overall damages. Simply multiply the total value by a reasonable and valid multiplier. The more severe, lasting, and painful your injuries, the higher the multiplier number will likely be. Talk to an injury lawyer to learn which multiplier is most accurate for your claim.

Non-Economic Damages (Pain and Suffering) – Estimate a value for pain and suffering, mental anguish, and loss of quality of life by using your multiplier. See our blog, “How is Pain and Suffering Determined in a Personal Injury Settlement?” to learn more about making this estimation.  These damages should be valued the highest.

Talk to a Seasoned Indiana Accident Attorney

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

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Trust the Law Office of Craven Hoover Blazek for a Full Personal Injury Settlement or Verdict

Were you recently involved in an accident or incident that resulted in serious injuries, but the accident or incident was of no fault of your own? If so, you are likely a strong personal injury claim candidate. Thus, it is important to learn how to protect your rights and recover a full and fair settlement for your damages and losses. Here at the Law Office of Craven, Hoover, and Blazek P.C., we are fully prepared and willing to work tirelessly to ensure just that.

Continue below to learn who we are, what we do, and how to get in touch with a qualified and friendly accident lawyer, today.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Our Firm’s Mission

The Law Office of Craven, Hoover, and Blazek P.C. are experienced accident attorneys who are passionate about helping personal injury victims recover financially, emotionally and physically. Through the entire legal process, we are with you, available and prepared to represent our client’s best interests and rights. From the initial consultation to the settlement or final verdict if necessary, our Indianapolis personal injury attorneys are by your side every step of the way and leading your injury case to a full and fair resolution. We are the hard-working and knowledgeable accident lawyers that can get you the full compensation you deserve after suffering a serious injury.  We also represent those left behind as a result of the wrongful death of a loved one, caused by the negligence of another person or corporation.

What Our Law Firm Can Do For You

Our Indiana personal injury attorneys have the abilities, resources, and experience to safeguard and enforce your rights in accident case, and we use these various advantages and strategies to document solid cases against negligent parties or companies. We consult experts, interview witnesses, meet with industry leaders, obtain necessary documents and records, and more, in order to recover full and fair compensation for our client’s losses. In the case that a claim goes to trial, such experts can clearly convey the facts to a jury so the jury can better understand the full extent and seriousness of our clients’ injuries and damages.

As for our role, we begin with a thorough review and assessment of the circumstances surrounding your accident so that we can document a strong case against the negligent party or parties. If we cannot get the defendant’s insurance company to settle out of court and pay you the compensation you deserve, which does not happen very often, we will file a lawsuit on your behalf and litigate your case until a judgment is obtained.

Our personal injury lawyers understand that serious accidents are troubling in more ways than one. Not only can a serious accident result in extensive financial losses, they can also require extended mental, physical, and emotional rehabilitation. It is imperative to us that our clients recover emotionally and physically so they can take back control of their lives and move forward once and for all. It is their job to heal and get better, while we fight for a full and fair recovery for all their losses.

Get Started With a Free 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 so information and evidence is not lost. 

Contact our law office today at 317-881-2700 and schedule a free initial consultation with a practiced Indianapolis injury attorney to find out if your injuries might entitle you to legal compensation in Indiana.  Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

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The Best Advice for Interviewing a Personal Injury Lawyer

After being seriously hurt in an accident, it is important to find reputable and aggressive personal injury representation at a trusted law firm. This will give you the best opportunity to recover the full and fair compensation you are owed in order to pay for hospital bills, medical expenses, lost wages, and more. When it comes time to sit face to face with a potential accident attorney, it is helpful to know what questions to ask before choosing them to represent you in your claim.

Continue reading to learn some helpful tips for interviewing a personal injury lawyer.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Interview Questions for Tort Lawyers

The most effective method for choosing a group of law firms to interview is word of mouth. Personal recommendations and referrals are a great way to find law firms that have provided good service for people you know and trust. You can also do online searches using reputable web portals like Yelp and Google My Business.

These portals provide contact information, credentials, recent customer reviews, and company descriptions of practice areas and more. It is a comprehensive way to learn about a law firm before giving them a call. Credentials to look for include licensing, 10+ years of experience, history of successful cases, and customer reviews.

Top Recommended Questions to Ask:

1) What are Your Practice Areas?

Be sure they represent cases like yours.

2) Which Practice Areas Do You Concentrate On?

It is better to choose a lawyer that has actual experience in your particular type of accident.

3) How Many Years of Experience Do You Have?

Experience is vital in the personal injury field. Look for at least 10 years’ experience.

4) How Many Cases Have You Represented That Were Similar to Mine?

Experience is key in a personal injury lawyer. Be sure they have represented other people in other cases like yours.

5) Do You Only Settle Cases Out of Court?

If a lawyer only settles out of court, you cannot expect the fullest recovery possible. Choose a lawyer that will go to trial if need be, and has experience doing so.

6) Will You Take Cases to Trial?

There’s a term called “clearinghouse” lawyers. Avoid lawyers who only settle cases hurriedly for quick turnarounds.

7) What is Your Track Record for Verdicts and Settlements?

No matter how much experience a lawyer has, their track record might not always be great. Choose a lawyer who has actually won several cases and settlements.

8) Do You Personally Handle My Case, or Will it Be Passed On to Another Person?

A lawyer may interview really well and hit all your check points, but then they pass your case onto another professional in their firm. Choose a lawyer who will actually be working on your case themselves.

Can You Explain Your Contingency-Fee Payment Plan in Detail?

There are some fees associated with big lawsuits. Talk to the lawyer about all the potential fees you may face even on a contingency-fee plan. Go over the contract with the attorney face to face.

9) Do You Have the Proper Financial and Workforce Resources to Take On My Case?

Big cases may require a lot of resources, such as expert testimonies, investigations, medical specialists, and more. A lawyer should be able to fund this type of case and have connections for all the proper personnel resources.

Indianapolis Personal Injury Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.  We represent injured persons throughout Indiana.

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An Explanation of Scheduled and Unscheduled Losses for Workers’ Comp Claims

As discussed in an earlier blog regarding workers’ compensation payments, Indiana provides two forms of Permanent Partial Impairment (PPI) benefits referred to as scheduled loss benefits and unscheduled loss benefits. If you were recently injured at work, and as a result have suffered a permanent disability, these benefits might play a vital role in your future.

Continue reading to learn more about scheduled and unscheduled loss benefits, as well as, how to get a free consultation to discuss your rights to compensation after a workplace injury.

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Indianapolis Workers Compensation Lawyers 317-881-2700

Permanent Partial Impairment (PPI)

Permanent partial impairment benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, total temporary disability benefits that are paid over 125 weeks are deducted from permanent partial impairment payments. Furthermore, such benefits are not granted until a patient reaches maximum medical improvement. Maximum medical improvement means the patient has healed as much as possible, and no further treatment will improve their condition.

Scheduled Loss Benefits

Scheduled loss benefits are granted to workers who are subjected to amputation or lose full function of a body part. These benefits are not based on weekly earnings, but rather, each scheduled injury is assigned a “degree” that represents a monetary value to which a person is entitled. Indiana publishes a yearly schedule of degrees for impairment on the Workers’ Compensation Board website. As of 2017, the Indiana schedule of degrees for impairment is the following:

➤ Between 1 and 10 Degrees = $1,750 per degree
➤ Between 11 and 35 Degrees = $1,952 per degree
➤ Between 36 and 50 Degrees = $3,186 per degree
➤ 51 Degrees and Above = $4,060 per degree

The schedule determines how much a victim receives in benefits depending on the body part affected. Common body parts listed on Indiana’s schedule include arms, legs, hands, fingers, thumbs, feet, toes, and ears. Thumbs, for instance, are assigned a 12 degree value. Arms below the elbow are set at 40 degrees, while arms above the elbows are set at 50 degrees. Hands are also 40 degrees, and legs above the knee joint are 45 degrees. To see the full list of scheduled body parts for Indiana, review the state’s workers’ compensation laws in Indiana Code Ann. § 22-3-3-10.

All scheduled loss benefits are paid according to the degree of loss as well. For example, if a doctor determines that a patient has lost 50% use of their arm, the state assigns a 40 degree value, but it would be reduced to 20 degrees to accommodate the ratio.

Unscheduled Loss Benefits

When a worker suffers amputation or loss of function of a body part that is not listed on Indiana’s schedule, it might fall under unscheduled loss benefits. These benefits are calculated based on the extent of loss of function in the body part. Once a patient achieves maximum medical improvement, their physician will assess their level of long-lasting disability, and then assign an actual degree of impairment. So, if your doctor determines that you have lost 10% use of an unlisted body part, this would be assigned a 10 degree value on Indiana’s schedule, which would entitle you to roughly $17,500.

Discuss Your Indiana Workplace Injury Benefits Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis workers compensation attorney who can determine the best strategies for your Indiana workplace injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.  We represent injured persons throughout Indiana.

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