An Overview of Indiana Negligence Laws

Posted on November 29, 2019 by admin

As a personal injury victim who has a claim, you shouldn’t have to decipher through complex legalese just to be sure your rights are being protected. Although the best course of action is to consult with an attorney who focuses on accident and personal injury law in order to fully understand your claim, it also helps to review some important principles of negligence law yourself.

Continue reading for a basic overview of Indiana’s negligence laws.

Negligence Law in Indiana

“Legal negligence” occurs when a person or corporation owes a duty of care to another person, and fails to uphold that duty, therefore becoming responsible for any subsequent injuries, damages, or losses. For instance, a drunk driver who fails to stop at a red light will be held liable under negligence law for the injured victim’s damages and losses. See Indiana Code Title 34, Section 51-2-5, et seq. for details regarding state negligence ordinances. The insurance company for the drunk driver would pay for any damages assessed against the drunk driver.

Proving Negligence

Here in Indiana, the plaintiff in a personal injury lawsuit (the victim), holds the burden of proving negligence. There are some central elements to a negligence case, and a personal injury victim must be able to prove that these elements exist:

✦ The defendant owed the plaintiff a duty of care.

✦ The defendant breached their duty of care.

✦ If it weren’t for the defendant’s breach, the plaintiff would not have suffered harm.

✦ The defendant’s breached duty of care was a responsible cause of the plaintiff’s injuries.

✦ Any reasonable person would have been able to foresee the accident could have occurred.

✦ As a result of the incident, the plaintiff suffered damages and losses.

Personal Injury Damages

Damages and losses include both economic and non-economic damages. Losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages, such as hospital, medical expenses, lost wages, and anything else that was a direct financial loss to the victim or their family. Non-economic damages are awarded for emotional or mental losses and tribulations, such as pain and suffering, mental anguish, loss of consortium, permanent disabilities and more.

Contributory Negligence

For cases in which a plaintiff is partially responsible for their injuries, Indiana uses the contributory negligence legal principle. Contributory negligence, also known as “comparative fault”, is the legal concept that refers to the situation in which an injured person is a contributing factor to their injuries. This is common in motor vehicle accidents and slip and fall accidents. In contrast, comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent.

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.

Indianapolis Personal Injury Attorneys Who Will Fight For Your Rights

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced 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.

Indianapolis Personal Injury Lawyers 317-881-2700

What is a Defective Product?

Posted on November 22, 2019 by admin

Here in Indiana, the law regards a defective product generally as one in a condition that renders it unforeseeable and unreasonably dangerous to any consumer or their property when used in the manner intended by the manufacturer. Furthermore, a defective product can be one that does not come with sufficient user instructions or adequate warning labels. If you were recently injured by a defective product, continue reading to learn more about product liability and your rights to being compensated for your damages.

Product Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses.

However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed and third, a consumer must have obtained the product without a substantial change in its condition.

Indiana Laws Surrounding Defective Products

Although there are no federal product liability laws, each state has their own set of regulations governing such tort claims. Indiana recognizes the Product Liability Act, §34-20-1-1. Indiana statutes of limitations gives victims two years from the date of the accident to make a claim against a manufacturer for a product defect that causes them harm. However, under strict liability, a seller cannot be held liable if they are not the maker of the product, or the part of the product that caused injury, except under certain conditions.

Understanding Product Liability Law

As you might already gauge, defective product laws and claims are quite complex, and therefore, require the services of a seasoned personal injury lawyer who can help you comprehend the laws surrounding your case in a language you can clearly understand. They have the knowledge and experience to professionally navigate your case and recover the full and fair compensation you deserve.

Indiana Product Liability Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed product defect lawyer in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured by a defective product. We represent injured people throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement for you!

Helpful Personal Injury Links and Resources for Indiana

Posted on November 15, 2019 by admin

If you are looking for reliable legal resources and information regarding your recent personal injury or civil wrong-doing, you have come to the right place. Our Indianapolis personal injury attorneys are well-versed in accident law, and can provide you with the proper guidance following a serious accident. Contact our office at 317-881-2700 to schedule a free initial consultation to discuss your case with one of our esteemed and seasoned accident lawyers, today.

In the meantime, continue below to review some helpful personal injury links and resources for Indiana residents.

Indiana Personal Injury Law 317-881-2700

Useful Indiana Personal Injury Links:

Indiana Government

Indiana Courts

Indiana Supreme Court

Indiana State Bar Association

Indiana General Assembly

Indiana Real Estate Commission

Indiana State Police

Indiana State Police Alliance

Indiana Business

Indiana Bureau of Motor Vehicles

Indiana Consumer Services

Indiana Code

Indiana Unemployment Information

Indiana Victim Assistance Division

Workers’ Compensation Board of Indiana

Indiana Child Support Calculator

Marion County Prosecutor’s Office Child Support Division

Indiana Institute for Family and Social Responsibility

Recycle Indiana

Indiana Office of Energy & Defense Development

Indiana Division of Oil & Gas

Indiana Business Taxpayers

The American Legion Department of Indiana

Indiana Housing & Community Development Authority

Indiana State Personnel Department

Indiana Department of Correction

Indiana Department of Veterans’ Affairs

Indiana Department of Agriculture

Indiana Department of Administration

Indiana Department of Financial Institutions

Indiana Department of Insurance

Indiana Department of Local Government Finance

Indiana Department of Homeland Security

Indiana Department of Child Services

Indiana Department of Workforce Development

Indiana Department of Education

Indiana Department of Health

Indiana Department of Natural Resources

Indiana Department of Environmental Management

Indiana Department of Revenue

Indiana Department of Transportation

Indiana Department of Labor

United States District Court, Northern

United States District Court, Southern

United States Bankruptcy Court, Northern District

United States Bankruptcy Court, Southern District

Indiana Personal Injury Lawyers You Can Trust

It is important to consult a personal injury attorney soon after sustaining a serious injury in Indiana. The Law Office of Craven, Hoover, and Blazek P.C. are ready to seek full and fair financial compensation for accident victims, as well as, hold responsible parties and their insurance carriers legally accountable for their negligence.

Our licensed accident lawyers gather all relevant information needed for the case, go head to head with insurance companies, handle all communication and negotiations with opposing parties and their counselors, and go to trial if necessary, all to obtain full and fair compensation for injured clients.

We can get damages awarded following a personal injury, such as medical bills, lost wages, injury rehabilitation costs, pain and suffering, and much more. The Law Office of Craven, Hoover, and Blazek P.C. has experience protecting the rights of victims involved in almost all types of injury cases, including:

How to Get Started on Your Claim Today

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering the full and fair compensation for your damages and losses that you deserve following a serious accident or injury. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement for you. Get started by scheduling your consultation, today.

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

Choose the Law Office of Craven, Hoover, and Blazek as Your Indiana Personal Injury Attorneys

Posted on November 8, 2019 by admin

The Law Office of Craven, Hoover, and Blazek P.C. are seasoned accident and injury lawyers who will work hard to assist you with your personal injury case. We can help you learn more about your rights after being negligently injured in a serious accident. From start to finish, our personal injury attorneys are right by your side, representing your best interests, as well as, your rights within personal injury law. We are the experienced and knowledgeable Indianapolis accident attorneys who will recover the full and fair compensation you deserve after being injured in an accident that was not your fault.

Continue reading to learn why we are a leading personal injury law firm in Indiana, and why you should choose us to represent you in your accident claim.

Personal Injury Attorney Law Firm 317-881-2700

Accident Attorneys Who Truly Care About Your Recovery

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 damages, 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 full and fair recovery for all their losses.

We Concentrate on a Wide Range of Practice Areas, Including:

We Can Obtain Justice for You

We have decades of experience representing personal injury cases in Indianapolis, Indiana. Our skilled and experienced accident attorneys are highly committed to tort law, and work tirelessly to obtain justice for our clients. We are proficient in personal injury litigation, so you can trust us to clearly advise you of all your legal rights and the best course of action for your claim.

But please beware of Indiana’s personal injury statutes of limitations. If you wait too long to make a claim against the negligent party that caused your accident and subsequent injuries, you can lose your opportunity to make a claim forever. By acting fast and calling our Indianapolis Personal Injury Law Firm, you can avoid encountering delays or problems from waiting too long to file suit and problems with evidence disappearing with the passage of time.

Schedule a Free Initial Consultation to Learn More

Call the Law Office of 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! We also represent clients all throughout the State of Indiana.

At What Age Can a Child Be Left Home Alone?

Posted on November 1, 2019 by admin

Do you remember how old you were when you stopped needing a babysitter? It is common for parents to question how old their children should be before leaving them home alone. Children vary in intellect, maturity, and emotional intelligence, so no one situation is the same. One 10 year old might be perfectly capable of being left alone for a few hours, while another in comparison might not.

So which age constitutes child neglect? If you are wondering what age is an appropriate age to be left unsupervised, continue reading to learn what social workers, pediatricians, and other parents like yourself are saying.

Indiana Child Injury Lawyers 317-881-2700

Social Workers

According to a survey given to 485 members of the National Association of Social Workers, the majority of social workers surveyed agreed that 12 years old is generally a safe age to be left unsupervised. However, a small percentage of social workers suggested that leaving a 12 year old home alone would be child neglect, while an even smaller percentage thought leaving a 14 year old home alone would also be negligent. In the same group of social workers surveyed, almost all agreed that 6 years old was too young to be left home alone, 83% agreed that 8 years old was too young, and 10% thought 10 years old was too young.

Pediatricians

Dr. Charles Jennissen, a clinical professor of pediatrics and emergency medicine at the University of Iowa Carver College of Medicine in Iowa City, suggests that 12 years old is an acceptable age to leave a child unsupervised for a short amount of time. According to him, “Every child is different, of course, and every situation may be different, but overall these social workers say that kids really shouldn’t be home alone under the age of at least 12.” He went on to say, ““I think in that 10- to 12-year age, depending on your child and so forth, one can start thinking about whether it’s OK or not to leave them home alone (…) it depends a lot on the situation. (…) Some kids may not be developmentally ready to be home alone for certain periods or they may have health concerns that make being left unsupervised a bad idea.”

According to Dr. Suzanne Haney, chair of the American Academy of Pediatrics Council on Child Abuse and Neglect and the division chief of child abuse pediatrics at the University of Nebraska Medical Center in Omaha, “I certainly agree that 12 years of age and up for the most part, depending on how they are developmentally, is probably OK, but there also are 12-year-olds who are not able to handle it (…) so it’s really hard to give a safe age because of all the factors that play into it. We have lots of kids who have learning disabilities or cognitive disabilities or behavioral issues and they may be 14 and they’re not safe.”

Read Original Article From NBC News, here.

Negligent Supervision Laws in Indiana

Most states do not have laws that govern leaving a child home alone. However, all states have negligent supervision laws, which might limit when and when you cannot leave a child home alone. Furthermore, these laws govern the limit to whom you can leave your child in the supervision of, and to what extent. You see, anyone appointed the responsibility of caring for the safety and well-being of a minor (under the age of 18) also has a legal duty of care. If someone in a similar role neglects this duty of care in a way that causes a minor harm, they can be held legally responsible for the damages and losses suffered at the hands of the victim, and perhaps even their extended families. See our blog, “Defining “Duty of Care” in a Personal Injury Lawsuit” to learn more about your duty of care.

Was Your Child Left Unattended in a Negligent Way?

Ultimately, it comes down to your best judgement as a parent. Not only must you decide when your child is ready to be left home alone, you must also decide who is qualified to look after your child in your absence. If you believe your child was injured as a result of negligent supervision, whether with a teacher, daycare, babysitter, or friend, contact an Indianapolis personal injury lawyer to discuss your case and the best strategies for recovering compensation for your and your child’s damages and losses.

Indianapolis Child Injury Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our licensed Indianapolis child injury lawyers who can determine the best strategies for your child injury lawsuit. 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.

Most Common Injuries Caused By a Rear-End Car Accident

Posted on October 28, 2019 by admin

Car accident victims can experience a wide range of injuries, but certain kinds of motor vehicle accidents tend to render the same or similar types of injuries. This seems to be the case with rear-end car accidents, which are one of the most common types of car accidents in the country. Continue reading to learn what some of the most common types of rear-end car accident injuries, and what you can do to ensure you receive the full and fair settlement from the at-fault driver’s insurance company.

Indiana Car Accident Attorneys 317-881-2700 — Rear End Car Accident Lawyer 317-881-2700

Car Accident Injuries

Although airbags, anti-lock brake systems, rear-view cameras, blind spot detection, and other motor vehicle safety systems are always being improved in the automotive design and manufacturing industry, they are not always enough to fully protect drivers and passengers from all car accident injuries. Injuries from car accidents range from minor, such as minor stiffness and body aches, to catastrophic, such as paraplegia and death.

Rear-End Car Accidents

When one car collides into the back bumper of another car, this is known as a rear-end car accident. These accidents often happen when a vehicle is tailing another, or driving too close and because the following driver is simply not paying attention. It also frequently occurs in situations in stop-and-go traffic and traffic jams, at stop lights and stop signs, and left-turn intersections. In such cases, the drivers and passengers inside the struck vehicle are the ones who tend to experience more serious injuries.

Front seat passengers are prone to blunt force impact on the steering wheel, dashboard, windows, and windshield. These impacts can cause injuries to the face, chest, neck, knees, and more. Passengers in the backseat of a vehicle that is rear-ended can also face a long list of injuries as a result of sudden forward and backward thrusting, and impact to the headrests, windows, front seats, or other objects inside a vehicle.

Common Car Accident Injuries

One of the most common rear-end car accident injuries is whiplash, which results from a person being thrust forward and thrown backward upon impact of the rear-ending vehicle. See our blog, “What You Should Know About Whiplash Personal Injury Claims” to learn more about the onset of injuries concerning whiplash. Another common injury from rear-end accidents are dermal burns. Airbags are triggered to deploy upon a rear-end impact, thus causing front-seat passengers to experience burns from the airbag propellant.

Additional Injuries Common With Rear-Ending Accidents:

☑ Airbag Burns
☑ Lethargy/Fatigue
☑ Stiffness and pain in Neck, Back, and Shoulders
☑ Body Aches and Pains
☑ Headaches and Migraines
☑ Orthopedic Injuries
☑ Spinal Injuries
☑ Concussions
☑ Head Injuries
☑ Brain Injuries

Onset of Injuries

Not everyone experiences symptoms of injuries immediately following a car accident. Sometimes symptoms do not appear for days, weeks, or months later. This is a medical phenomenon known as on-set of injury. See our blog, “Do Not Assume That You are Not Hurt After an Accident” to learn more. It is helpful to contact a personal injury lawyer to learn your rights to recovering damages after suffering losses following a car accident. They have the knowledge and experience to give you personalized advice for your unique case.

Were You Injured in a Rear-End Car Accident in Indiana?

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis car accident 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.

How to Get Started On Your Indiana Personal Injury Claim

Posted on October 18, 2019 by admin

Were you recently injured in an accident caused by someone else’s negligence? If so, you are right to fight for the fair compensation you are owed for your pain, suffering, damages, and more. Continue reading to learn exactly which steps to take to get started on your Indiana personal injury claim.

In order to document a strong and impactful case identifying your total damages and losses after suffering a serious injury caused by someone else, it is vital to retain proper legal counsel. There are hundreds of personal injury lawyers to choose from, all of whom differ in education, knowledge, experience, ambition, skill, and more. Your first priority when filing a personal injury claim is to hire a seasoned accident attorney who has the necessary credentials and experience to recover the full and fair amount of compensation you deserve.

Simply go straight to the leaders in Indiana accident law. Call the Law Office of Craven, Hoover & Blazek P.C. at 317-881-2700, right now.

Our knowledgeable and motivated accident lawyers provide the most comprehensive and effective legal representation for seriously injured victims and their families in Indiana. We understand the emotional, physical, and financial stress that follows a catastrophic accident or serious injury. We can clearly guide you through the complex legal issues that surround your personal injury lawsuit in a way that is most comfortable for you. We encourage our clients to heal and recover in their personal lives while we handle all aspects of their personal injury claim. You have enough to worry about and your attorneys should be taking some of the stress of the entire situation away.

Our personal injury attorneys have for decades successfully recovered fair and generous compensation for personal injury damages, including past, current, and future ones, including pain and suffering, medical expenses, hospital bills, funeral expenses, mental anguish, loss of ability to work, pain medication dependencies, loss of love or companionship, lost earnings, loss of benefits, prolonged rehabilitation, permanent disabilities, diminished quality of life, exemplary damages, and much more.

How to Get Started on Your Claim Today

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. 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.

Facts About Traumatic Brain Injuries and Accident Claims

Posted on October 14, 2019 by admin

Traumatic brain injury, also known as a TBI, can have devastating and permanent effects on a victim, and their immediate families. If you were recently injured in an accident that involved injury to your head, neck, spine, or brain, it is vital that you seek medical attention right away, followed by experienced legal guidance. You could be entitled to compensation for your damages and losses, such as hospital bills, medical expenses, lost wages, and much more.

Continue reading to learn some basic facts regarding traumatic brain injuries, as well as, the recommended legal recourse for anyone who has been wrongly, negligently, or willfully injured by another party.

Indiana Brain Injury Attorneys 317-881-2700

Trauma to the Brain

Traumatic brain injury (TBI) occurs when the brain is damaged as a result of sudden, impact to the head or sudden changes in velocity to a person’s head where the brain can hit the inside of the skull. When the brain is injured in this way, it can lead to irreversible physical damage, as well as mental and emotional damages. The onset of TBI symptoms can appear immediately, or develop slowly overtime. Common signs and symptoms of traumatic brain damage includes severe headaches, migraines, seizures, vomiting, blurry vision, memory loss, sensitivity to light, paralysis and changes in personality.

TBI Statistics

According to the National Institutes of Health, approximately 50 percent of traumatic brain injuries result from car accidents. One common car accident injury that has been linked to traumatic brain damage is whiplash. Whiplash is the result of a sudden distortion of the neck, usually following some sort of impact. In the case of a car accident, the impact of a vehicle colliding into another vehicle is an event that could result in whiplash, and ultimately, a TBI. Construction site accidents, slip and falls, and deliberate assaults are other potential causes of a TBI.

Traumatic Brain Injury Claims

If you or someone you love is experiencing symptoms of a TBI, seek medical care immediately. Your health and safety are your number one priority. If you or someone you love was injured as a result of another’s negligence, your next priority should be to protect your rights to compensation for your subsequent damages and losses. To do so, contact a seasoned personal injury attorney to schedule a confidential consultation to discuss your case and the best course of action for your claim. While recovering medically from a TBI, a personal injury lawyer can represent your interests to ensure you are paid the full and fair compensation you deserve.

Indiana Brain Injury Lawyers

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential Indiana brain injury claim with a licensed 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. Get started on your path to financial recovery with a simple phone call to our Indianapolis brain injury lawyers, today. We represent clients throughout the State of Indiana.

Top 5 Ways to Avoid a Serious Car Accident

Posted on October 11, 2019 by admin

Road safety is something that should be practiced and appreciated all year long. Now that summer is coming to a close, Hoosiers will soon be facing more inclement weather conditions, such as fog, wind, rain, snow, and ice. For this reason, now is the perfect time to review some of the most important road safety tips to better help you and those you love avoid serious car accidents.

Motor vehicle accidents can result in a wide range of injuries and damages, especially when they involve infants, young children, and elderly individuals. As we all know, some car accidents can even be fatal, which is why it is so important to remember driver and road safety at all times when operating a vehicle. Not only will this help protect yourself, it will also better protect passengers, pedestrians, and other drivers on the road.

Continue reading to learn the top 5 ways you and your loved ones can achieve this level of safety and assurance while driving.

Five Tips to Prevent Car Accidents

❶ Adhere to All Traffic Laws and Regulations

Not only should you obey all traffic rules, it is important to also adhere to all driving laws, including wearing seat-belts, maintaining an active and good-standing drivers’ license, license plates, automotive insurance, car lights and maintenance, tags, and more.

❷ Drive Sober and Clear-Headed

One of the most critical parts of road safety is to always drive sober. Never operate a vehicle after consuming drugs or alcohol; this includes OTC medications that can make you drowsy. In fact, an equally important rule is to never drive when sleepy. Fatigued driving is a top cause of serious car accidents, so be sure you are always rested and clear-headed before getting behind the wheel.

❸ Do Not Text and Drive

Never, under any circumstances, use your phone for texting while also operating a vehicle. Do not read emails nor text messages, and never attempt to text or send messages. Texting and driving is one of the current top causes for serious and fatal car accidents in the country. When you take your eyes off the road, even for a second, YOU ARE DRIVING BLIND. And the truth is, you do not have the right to drive a vehicle that weighs thousands of pounds without looking. Please educate other drivers about this vital safety rule.

❹ Never Follow Too Close

When operating a vehicle, always keep the appropriate distance between the car in front of you. One of the most common causes of rear end accidents, is following too closely. If the driver in front of you has to suddenly brake, you need enough time to notice and react, safely.

❺ Use Caution With Left Turns

Turning left, whether at an intersection or onto a street, can be dangerous if someone is not paying attention. Even if you have the right-away, be sure to always use extra caution when making a left turn. You never know when another driver decides to run a yellow or red light. Furthermore, be sure to only make a left turn if you are clear to do so.

Hurt in a Car Accident?

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

Basics of Indiana Personal Injury Laws

Posted on October 4, 2019 by admin

When someone is injured in an accident through the fault of another person or entity, you would think they would naturally expect to be compensated for their damages and losses that result from the accident. However, many accident victims are hesitant to move forward with a personal injury lawsuit, or even hire an attorney at all.

Many are under the impression that they will heal quickly, while others feel a false sense of confidence that the defendant’s insurance company will treat them fairly. As a result, these kinds of victims fail to make a personal injury claim within their state’s statute of limitations, or at all for that matter, and consequently miss out on their rights to compensation.

This unfortunate situation mostly occurs due to lack of knowledge about the rules, deadlines and trusting a defendant’s insurance company. To be clear, a defendant’s insurance carrier does not owe any duties to a person injured through the conduct of their insured. They are a business, interested in making money like all businesses.

For these reasons, is vital for all personal injury victims to be properly informed of their legal rights to recovering compensation for their damages and losses following a serious injury or accident. The best course of action is to immediately consult with an experienced accident attorney who can give you the information you need regarding your unique case.

In the meantime, review some of the basic terms, statutes, and processes of Indiana personal injury laws for a better understanding of what to expect at your initial consultation with your lawyer.

Indiana Personal Injury Law Firm 317-881-2700

Personal Injury, Defined

A personal injury occurs when an innocent victim suffers damages and losses as a result of someone else’s negligence. A person, group, company, or organization can all be at-fault parties in a personal injury case. If found liable, at-fault parties are ordered to pay compensation for the victim’s damages and losses, such as hospital bills, medical expenses, pain and suffering, and more.

The at-fault parties insurance carriers then pay the verdicts against their insureds. Keep in mind that an injury can be physical, mental, or emotional. Common examples of personal injury cases include car accidents, medical malpractice, slip and falls, dog bites, workplace accidents, trucking accidents and wrongful deaths.

Statute of Limitations

Every state has a set time limit in which an injured person can bring about a claim, or file a lawsuit in civil court, against another party. Here in Indiana, the standard stature of limitations for personal injury lawsuits is two years. If a personal injury victim fails to pursue a claim within this time period, they lose their opportunity to do so, forever.

Additional Time Limits

If a personal injury victim is bringing about a claim against a municipal party, such as a city or county, they have only 180 days to file a tort claims notice. A timely “filed” tort claims notice is required before a lawsuit and claim may be filed against a city or county. If an injured victim is pursuing a personal injury claim against a state government agency, the tort claims notice filing period extends to 270 days from the date of the accident. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more. Again, because of the significant time limitations, you should immediately hire an attorney after your injury.

Comparative Fault Rule

Indiana uses the comparative fault rule, which divides the amount of fault among each person involved in an accident. In the situation that an injured victim is partly at-fault for the accident and their subsequent injuries, the law might apply the comparative fault legal principle and assign a percentage of liability to the injured victim. For example, if a pedestrian ignores pedestrian traffic signals, and is then hit by a driver who is intoxicated, both could be found to be at-fault. See our blog, “Who is Liable When a Driver Hits a Pedestrian?” to learn more.

Car Accident Claims

When it comes to car accident claims, Indiana is an “at-fault” state, which means injured car accident victims are allotted certain legal recourse to collect compensation for their damages. They may file a claim with their personal insurance carrier, file a claim with the other driver’s insurance carrier (known as a “third-party claim”), or file a lawsuit to seek damages. See our blog, “Auto Insurance Terms You Need to Know as a Car Accident Victim” to learn more.

How to Get Started on a 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 personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are motivated to help you recover the full and fair compensation you deserve after being injured in a serious accident. We represent injured people throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement for you!