How Does the Restatement of Torts Define a Possessor of Land?

As a personal injury victim that was hurt on someone else’s property, you are likely filled with an endless list of questions about making a claim and your rights to compensation. One of the most frequently asked questions about premise liability cases has to do with liability. Victims and pending defendants alike both want to know who is responsible for the damages and losses that result from such accidents. A good place to start would be to learn about the Restatement of Torts, and how it defines a possessor of land, considering they are the ones typically held accountable in premise liability cases.

Continue reading to learn how The Restatement of Torts defines a possessor of land, and how it can relate to a premise liability case.

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Legal law concept image, scales of justice lit by golden light.

The American Restatement of Torts

The American Restatement of Torts is a treatise that summarizes the general principles of common law in the United States. Created and issued by the American Law Institute in 1965, the treatise currently has 4 separate volumes. The first two volumes were published in 1965; the third volume was published in 1977, and the last was published in 1979. The volumes pertinent to tort law can be found in the Second Restatements of the Law series.

The American Restatement of Torts defines a possessor of land as:

“(a) A person who is in occupation of the land with intent to control it or

(b) A person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or

(c) A person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b).  Risk v. Shilling, 569 N.E.2d 646,647 (Ind. 1991).  (Restatement (Second) of Torts § 328 E (1965).”

What You Really Need to Know

Like most personal injury cases, premise liability cases can range in complexity, so understanding your rights and the best way to protect them is something that is vital to your case. But there is no need to feel stressed or overwhelmed; so long as you have a skilled personal injury lawyer representing your case, you will not need to know all of the complexities of tort law, nor any complicated legal terms and principles.

Trusted Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim. We are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Can I Make a Food Poisoning Personal Injury Claim?

Did you recently experience a traumatic fit of food poisoning at a local restaurant? If so, you may feel quite betrayed by the establishment since their duty is to ensure their food is safe to consume. For this reason, you may feel compelled to make a personal injury claim and recover compensation for your hospital bills, medical expenses, and the wages you lost from missing work due to your illness. However, in order for food poisoning to be a valid claim, certain facts must be in order.

Continue reading to learn more about this particular food borne illness, and how it might lead to a valid personal injury case or claim.

Personal Injury Lawyers 317-881-2700
Personal Injury Lawyers 317-881-2700

A person gets foodborne illnesses by ingesting either food or beverage that has been contaminated with bacteria, parasites, virus, or toxins. This is generally a result of poor or improper growing, shipping, or handling of food products. Common types of illnesses contracted in this way include E. Coli, Hepatitis A, Listeria, Salmonella, Botulism, Norovirus, and Campylobacter.

Foodborne illnesses like this can cause a person several types of damages, from lost wages at work, to medical bills, and more. So when a person suffers from this type of illnesses after eating out at a restaurant or another person’s home, you can understand why there is a relative question regarding personal injury claims as well.

Severity of Illness

The severity of the affects largely influences the chances of having a valid personal injury claim for food poisoning. The standard symptoms of eating tainted food include nausea, abdominal cramping, headache, and diarrhea; while more serious cases include symptoms like vomiting, diarrhea, high fever, loss of speech, difficulty breathing or swallowing, dehydration, and in rare cases, even death.

The less serious cases of food borne illness are not likely great candidates for an injury claim, since these can be treated with ample fluids and rest. The body will simply eliminate everything and then fluids can be restored. This usually takes around one to three days.

More severe cases might involve doctor visits, hospital stays, prescription medication, prolonged rehabilitation, time off work, and more. This is where a licensed personal injury lawyer can come into play, and help victims recover full and fair compensation for their damages.

Legal Claims

If you or a loved one becomes ill from eating food at a professional establishment or another person’s home, it is important to deal with the health concerns first. Once you are treated by a licensed medical professional, be sure to follow all instructions handed down from them. It is also helpful to save the contaminated food for testing, if possible. It is recommended to keep a daily journal detailing your symptoms and struggles.

Indiana Personal Injury Lawyers Who Can Help

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 experiencing a severe food-borne illness in a local restaurant. Call 317-881-2700 to get started today.

See a Doctor if You Experience These 6 Delayed Car Accident Symptoms

After being involved in a car accident that was not your fault, it is important to see a doctor immediately to confirm, treat, and record any subsequent injuries. However, car accident injuries are tricky since they can show up right away, days later, or both. In the case that you experience any delayed injuries or symptoms after a car accident, it is vital that you go back to the doctor for more medical care. Some delayed car accident symptoms can be indications of something much more serious.

Continue reading to learn the top 6 delayed car accident symptoms that should always be taken seriously.

Whiplash Injury Lawyers 317-881-2700
Whiplash Injury Lawyers 317-881-2700

Headache

Headaches are a common symptom of various circumstances. From allergies and the common cold, to loud noises, stress, poor diet, and lack of sleep, headaches are generally nothing to be too concerned about. However, experiencing debilitating or ongoing headaches after a car accident is something to pay attention to. It could be a sign of whiplash, concussion, blood clots, or even brain damage. See a doctor right away if this happens to you.

Neck/Shoulder Pain

Neck and shoulder pain is another common delayed car accident symptom that should always be taken seriously. Although it is normal to feel a little sore after a car accident, even a minor one, experiencing persistent or worsening neck and shoulder pain could be a sign of whiplash or spinal injuries. Call your doctor and set an appointment if your neck and shoulders are very painful.

Back Pain

Similar to the neck and shoulder area, the muscles in the back can experience some major trauma in a car accident. A little soreness or stiffness in the back could be perfectly normal, and not much to worry about; but if back pain becomes worse or debilitating after a car accident, it could indicate whiplash, spinal injuries, or injured ligaments.

Abdominal Pain

You would not necessarily connect abdominal pain and car accident injuries together, but it happens to be a common delayed symptom. If you feel pain in your abdomen after a car accident, it could possibly mean that you have internal bleeding. Immediately go to the hospital if this happens to you.

Numbness or Bruising

Numbness and bruising are also common delayed car accident symptoms that can indicate something more serious. If you are experiencing excessive or painful numbness, bruising, or discoloration in the skin, it could be caused by a herniated disk, spinal injury, and more. Make an appointment with your doctor if this happens to you.

Emotional Distress

Emotional distress after a car accident is more common in serious accidents. If you are feeling depressed, anxious, angry, or having trouble controlling your emotions, it could potentially be caused by a concussion, brain damage, or even PTSD. It is important to discuss these feelings with your doctor as soon as possible after being involved in a car accident.

Indianapolis Car Accident Lawyers Who Can Help

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a car accident injury claim in Indiana. Our seasoned Indianapolis car accident lawyers are ready and able to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

The Difference Between Intentional and Unintentional Torts

When it comes to tort law, negligence is the most common type of tort. Negligence is failing to use the reasonable care that a reasonably prudent person would use. You see, in our country, the law expects individuals to abide by a specific code of conduct and adhere to a legal duty to behave in a certain way in order to decrease the potentially of harming others. When individuals break this code of conduct, whether intentional or unintentional, consequences may be in order.

So what does this mean for you? If you were injured in an accident, regardless of what kind, and the accident was caused by another’s misconduct or wrongdoing or negligence, you could potentially bring about a tort claim against the at-fault party. In legalese, these are referred to as personal injury claims, which are meant to compensate victims for their losses and damages that resulted from the accident. Examples of damages and losses may include lost wages from work, medical expenses, hospital bills, pain, suffering, mental anguish, loss of consortium, prolonged physical therapy, permanent disfigurement, and much more.

Under civil litigation, tort law is the largest category, which governs a wide range of cases. However, under tort law, all personal injury cases fit into one of three primary categories: intentional torts, unintentional torts, and strict liability. Continue reading to learn the difference between the two, as well as, who to call for trusted legal advice regarding your personal injury claim.

Indianapolis Personal Injury Attorneys 317-881-2700
Indianapolis Personal Injury Attorneys 317-881-2700

A tort is a wrongful action or non-action that causes another person harm. In personal injury cases, the harm is usually physical, but can also be mental and emotional. A tortfeasor is the individual or entity that commits a tort, whether intentional or not. Tortfeasors can be individual people, companies, manufacturers, schools, businesses, retailers, and more. Now that you have reviewed the fundamentals of tort law, you can better understand the difference among the three primary categories. Below are brief explanations of intentional torts, unintentional torts, and strict liability.

Intentional Torts:

When an individual or entity intentionally behaves in a way that causes another person harm, it is categorized as an intentional tort. Intentional torts can come with both criminal and civil ramifications for the at-fault party, all of which vary from state to state, but may include mandated court orders, fines, restitution, probation, jail, travel restrictions, bans, money damages and more.

Common examples of intentional torts include assault, battery, defamation of character, fraud, invasion of privacy, false imprisonment, conversion (taking someone else’s property and converting it to their own), trespass to chattel (interference with personal property), trespass to land (using someone’s personal property without consent), deliberate infliction of emotional distress, and more.

Unintentional Torts:

When an individual or entity unintentionally or inadvertently behaves in a way that causes another person harm, it is categorized as an unintentional tort. Unintentional torts are based around negligence, which even though can be accidental, can still be punishable under civil law. Ramifications usually involve recompense or restitution. Common examples of unintentional torts include car accidents, slip and falls, medical malpractice, dog bites, and workplace accidents.

Strict Liability:

Also referred to as “absolute” liability, this legal principle applies to individuals or entities regardless of intent, and imposes liability without the need of direct fault. The most common example of strict liability are product defect lawsuits. In such cases, the injured victim need only demonstrate that their injuries were a direct result of the defectiveness of the product to get the law on their side. Intention does not play a role in cases of strict liability.

Where to Find Trusted Legal Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned accident attorneys work hard to ensure our clients’ rights to compensation. We offer free initial consultations to access your case and determine your eligibility for remuneration; and we never collect attorney fees unless we prevail for you!

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

A Review of Personal Injury Claim Terms and Definitions

If you are considering making a personal injury claim in Indiana, or have already begun the process, here are some important terms and definitions that will help you understand your case. If you have questions about accident claims, contact a seasoned Indianapolis personal injury law firm for trusted advice.

Personal Injury Lawyers 317-881-2700
Personal Injury Lawyers 317-881-2700

Adjuster:

The adjuster is a person that is employed or hired by an insurance company to possibly settle a personal injury claim. Their primary objective is to avoid paying any sort of remuneration if possible, or pay out as little as possible.

Civil Statute of Limitations:

In all cases of filing a civil claim against another person or entity, there is a legal time limit to do so called a “statute of limitations.” In Indiana, you can find some details regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book.

Claimant:

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

First Party Insurance:

As we already know, the term “party” refers to either the plaintiff side or the defendant side. Well, first party is always the plaintiff side, in particular, their insurance company. A plaintiff might file a claim with their insurance company for more money for damages or possibly an uninsured claim when the defendant does not have liability coverage.

Gross Negligence Claims:

Recklessness can be colloquially-defined as unreasonable and/or deliberate misconduct of a person. It is an act that upsets or alarms our society’s morals. 

Liability:

The term liability refers to one’s obligation or responsibility. For example, if a drunk driver causes another driver injury, the drunk driver and/or their insurance company is liable for the victim’s damages. They are the ones who will pay for the injured victim’s claim.

Malfeasance:

Malfeasance is an intentional illegal action or wrongdoing that causes another person harm.

Misfeasance:

Misfeasance is a term used to describe a lawful act that is improperly performed, either by negligence or intention, causing harm to another person.

Negligence:

Almost every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses.

Nonfeasance:

Nonfeasance is a term used to describe “a deliberate or neglectful failure to act” where action is required, that directly results in or allows another person to be harmed or injured. A person is liable or guilty of nonfeasance usually under three circumstances: 1) the person had a duty of care to the victim, 2) they failed to act on their duty of care, or 3) the act resulted in the victim’s injuries.

Party:

The term “party” refers to either the defendant’s side or the plaintiff’s side.  

Personal Injury:

A personal injury is any type of harm or damage done to a person either physically, mentally, or emotionally as a result of another person or entity’s negligence. Personal injuries take place when another person or entity (i.e. people, businesses, corporations, enterprises, companies, organizations, workplaces, etc.) demonstrates carelessness or negligence in a situation that subsequently causes injury or damage to another person.

PIP Insurance:

Personal injury protection insurance is a type of medical payments coverage for drivers and passengers who are injured in a motor vehicle accident. Under this policy, all or a portion of medical expenses and hospital bills (driver and passengers) are paid for no matter who is to blame for an auto accident. No-fault accident states require this type of insurance coverage.

Third Party Claim:

Different from third party insurance, a third party claim is when a person files an additional claim against a separate entity involved in causing their injuries. For example, if a person is severely assaulted at work, they can possibly file a worker’s compensation claim (first party claim) with the company’s insurance provider, and then they can file a third party claim against the person who assaulted them at work.

Third Party Insurance:

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

Tort:

Torts are civil wrong-doings, or immoral behaviors and actions against civilians.

Tortfeasor:

Also referred to as the “At-Fault Party”, the tortfeasor is the actual person who was negligent and caused someone harm or damage. They can also be the defendant if they are the ones being sued. In the case of a minor, the parents might be the defendants, while the juvenile is the actual tortfeasor.

Indiana Personal Injury Law Office:

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Can I Find a Pro Bono Personal Injury Law Firm?

When facing criminal charges, the Indiana judicial system gives most defendants the choice of accepting a public defender, free of charge. In contrast, civil litigation does not offer free counsel under law, which includes personal injury cases. However, this does not mean you, as a victim of a negligent accident, would have to pay a lump sum of cash upfront for personal injury lawyer services.

Continue reading to learn what you need to know about paying for accident representation in Indiana, including which Indianapolis personal injury law firm to trust with your claim.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Common Law Firm Payment Arrangements

Common payment arrangements used by lawyers include flat rates, hourly rates, retainers, and contingent fees. Flat rate fees are generally arranged for basic and simple legal services, like divorces and wills. Hourly fees are the most common payment arrangement for lawyers, and vary in price depending on the lawyer’s experience; they can be anywhere from $50 to $1,000 per hour or more, however, it varies among law firms. Retainers are used for certain cases and charged upfront before services are rendered. As clients are billed, the amount is deducted from the retainer as the case proceeds.

Contingency Fee Basis

When you begin your search for a personal injury law firm, you will likely come across the phrase, “contingency-fee basis”, which is very important to understand when setting aside a budget for a potential lawsuit. Working on contingent basically means that the lawyers do not get paid unless they recover a settlement for you. Most law firms that practice personal injury law use this pricing model. Lawyers who work on contingency will not require any upfront lawyer fees, however, you will be responsible for paying other fees, such as court costs, filing fees, and similar pecuniary obligations. However, the Law Office of Craven, Hoover, and Blazek P.C. will not require up front payment of fees, court costs, etc… See our blog, “How Much Does it Cost to Hire an Accident Lawyer?” to learn more.

Paying Your Personal Injury Lawyer

When a personal injury lawyer successfully recovers a settlement, the client will then owe them for their services. The way a law firm collects their fees will vary, but most often, a pre-determined percentage is deducted from the final settlement as their payment. On contingency, if a law firm does not recover a settlement or judgment for a client, there are no attorney fees, with the exception being if the attorney obtained an offer and then the client tried to settle the case without their attorney.  Normally, accident lawyers collect one third of the settlement recovered, but again, this can vary depending on the law firm and the type the case.

Where Can I Find a Contingency Fee Personal Injury Lawyer in Indiana?

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis and throughout Indiana. We offer free initial consultations and never collect lawyer fees unless we are successful with your claim. Call our office today to determine your eligibility for personal injury compensation in Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Should a Personal Injury Claimant Ever Accept a Low Settlement?

Although not common, in a personal injury case, there are times when it might make more sense for a claimant to accept a lower settlement than what they believe they are owed. It is important to hire a seasoned personal injury law firm to represent your accident claim in order to obtain the fullest and fairest amount of compensation for your damages and losses. With a skilled and experienced law firm in your corner, you do not have to be concerned about low settlement offers. However, it may help to learn what circumstances could lead some claimants to agree to lower compensation.

Continue reading to learn these scenarios, and where get professional legal advice regarding your personal injury claim.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Low Settlement Offers

It is never recommended to take a low offer when making a claim against someone who has caused you serious injuries and damages. In every case, you should always negotiate for the best settlement possible, however, there are times when it does occur because it is the more sensible option compared to taking a claim to trial. Here are three common examples of when this might happen:

☛ The claimant’s case is weak or uncertain because they may not have enough evidence to prove all of the elements of their case in court. They would be better offer accepting whatever offer is put on the table before a lawsuit is considered, otherwise, they could walk away with nothing in the end.

☛ The claimant’s injuries and ultimate losses are minor, small, or fairly minimal. For instance, a claim should be intended to recover compensation for losses like medical bills, lost wages, pain, suffering, and similar consequences. If their damages and losses do not mount up to much, and/or their injuries are insignificant, a lower offer is likely the best option.

☛ The claimant’s settlement offer is at the maximum of the policy limits, so no more can be paid out even if the settlement seems too low. For example, if the opposing party’s liability insurance policy is set at a maximum of $25,000, and that is the settlement they offer, a claimant is not likely to get more than that even if they are awarded a larger amount in court. Large corporations are an exception to this since they tend to have more money and assets outside of their insurance policies; but a private party may not have the assets to pay out more, even if ordered to in court.  In any event, defendants can also file for bankruptcy which can significantly negatively affect any chance of any recovery above and beyond liability insurance policy limits.

Keep in mind that once a claimant accepts an offer, there is no turning back. This means that in the case that their injuries worsen or their damages add up in cost later on, they cannot make another claim for more compensation. Be sure to have a licensed personal injury lawyer working your claim as soon as possible after the injury or death occurs to ensure your rights to compensation are fully protected and executed.

Where to Get Trusted Legal Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana and anywhere else throughout the State of Indiana. We are well-versed and experienced in several practice areas, from slip and fall accident claims, to car accidents, big truck accidents, workers’ compensation, wrongful death, and much more. When you walk into our office for your free consultation, you will instantly feel confident that you are in good hands. Call 317-881-2700 to get started, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

What You Need to Know Golf Cart Accidents and Liability

Now that the weather finally permits, golfers all across the state are getting their golf gear ready for the season. And maybe this year you will finally decide to walk the course rather than ride! But if this resolution falls through, there is no need to get down on yourself; after all, a golf cart allows you to get even more rounds in per day! But before you hop on a golf kart, whether you are driving or riding along, it is important to know where you stand in terms of legal liability and rights.

Many golf courses offer carts to ride, which do not require specialized permit or license to operate. In fact, here in Indiana, you can operate a golf cart if you are 16 years old with a valid drivers’ license. In addition to having a valid drivers’ license, golf cart operators must obey all Indiana traffic and driving laws, which also apply in the case of an accident.

Continue reading to learn more about golf cart accidents and liability in Indiana.

Golf Cart Accident Claims 317-881-2700
Golf Cart Accident Claims 317-881-2700

Golf Cart Safety and Statistics

Golf carts are safe; right? After all, teenagers are legally allowed to operate them under lenient conditions. But golf carts can pose several risks, and even fatalities. According to the Consumer Products Safety Commission (CPSC), roughly 15,000 people in the United States suffer injuries related to golf carts per year, and some injuries even result in dozens of deaths. The most common types of golf cart accidents involve collisions, tip-overs, and throws, all of which can result in a wide spectrum of orthopedic, muscle, and flesh injuries. The CPSC further reports that nearly 40% of these golf cart-related injuries are sustained as a result of someone falling out of a moving golf cart.

Although golf carts are just as dangerous as a standard motor vehicle, in comparison, there are significantly fewer laws and regulations governing them. For instance, golf carts are not required to have seat belts, airbags, and other vital safety features, which paints a picture of how serious injuries can be if an accident does occur. Fortunately, there are laws in place that do protect those injured in golf cart-related accidents, so long as they are not at-fault for their injuries.

There are many people or entities that can be held legally liable in the case of a golf cart accident. Common at-fault parties include other golfers, club staff members, course managers, club owner, cart manufacturer, and more. If you were injured in a golf cart accident as a result of someone else’s negligence, it is vital to contact an Indianapolis personal injury law firm as soon as possible. You may be eligible for remuneration to cover hospital bills, medical expenses, lost wages, and more.

Indianapolis Personal Injury Lawyers

Contact the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, can help you recover the full and fair compensation you deserve after suffering a golf cart injury. We offer free initial consultations and never collect attorney fees unless we prevail for you. We represent clients throughout the State of Indiana. Call 317-881-2700 to schedule an appointment with our Indianapolis personal injury lawyers, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Can a Personal Injury Statute of Limitations Be Extended?

Were you seriously injured in an accident that was not your fault, and now you are afraid you’ve missed your deadline to file a claim for compensation? If so, there is some important information about personal injury statute of limitations you need to know before moving forward.

Indianapolis Personal Injury Attorneys 317-881-2700
Indianapolis Personal Injury Attorneys 317-881-2700

What are Statute of Limitations?

Statute of limitations are a type of state or federal ordinance or law that sets a time frame in which a person can bring forth legal proceedings in order to enforce their rights, either in criminal or civil court. Personal injury claims are brought forth in civil court. The purpose of such laws is to thwart fraudulent claims brought into action after all evidence is lost or gone. After a long period of time, evidence is lost and witness testimony can be weakened by missing persons or faulty memories.

Although criminal statute of limitations are generally longer, as much as five years or more, most personal injury claims retain an average statute of limitations of 2 years or less, depending on the details of the case. As for Indiana, you can find some specifics regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book.  In addition, claims against political subdivisions or the state should be made immediately.

Missed Deadlines

If a person misses the deadline to make a personal injury claim, there are usually no other alternatives and their case will likely be dismissed. However, on rare occasions, the statute of limitations may be extended under special circumstances. Basically, if there are legal grounds for extended or altering the statute of limitations for a civil claim, they may be granted.

These exceptions vary from state to state; each state has their own set of rules and procedures for such extensions. For this reason, if you have questions or concerns about making a personal injury claim on time, it is vital that you consult with a seasoned Indianapolis personal injury lawyer for professional guidance.

Common Exceptions to Limitations Statute

In legal terms, extending a statute of limitations deadline is referred to as “tolling” the running of the statute’s clock. This is more like pausing the clock, rather than extending the deadline. And although the action of tolling the clock is rare, and the laws that governs it varies among states, there are some cases in which it does occur.

Granted extensions to the statute of limitations deadline may be given to personal injury victims who were minors at the time of the accident, or legally incapacitated (or declared legally incompetent). Extensions might also be approved if the at-fault party fled or hid from the state after the accident, or unlawfully attempted to conceal the occurrence of the accident or the role they played in causing injuries to the victim.

Talk to a Personal Injury Attorney Today

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss the best course of action for your Indianapolis personal injury claim. Our seasoned lawyers can recover the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you. Call today to schedule your consultation.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Top Causes of Motor Vehicle Accidents in Indiana

Motor vehicle accidents are all too common throughout the country, and happen for a large number of reasons. Sometimes, nature interferes and there is not much drivers can do to protect themselves from an accident or collision. But mostly, car accidents occur as a result of some degree of carelessness, whether at the fault of the driver, or someone else. According to the Association for Safe International Road Travel (ASIRT), nearly 1.25 million people are killed in road crashes every year, which averages out to 3,287 deaths per day, and an additional 20 to 50 million are seriously injured or disabled.

Annual Car Accident Statistics

Here in Indiana, the statistics for annual car accidents are not much different. According to statistics gathered by the U.S. Department of Transportation (USDOT) and National Highway Traffic Safety Administration (NHTSA), the total number of motor vehicle accidents have increased by 10% since 2005, with a 44% increase in motorcycle accidents.

What can we do to reduce the number of road crashes in our state? To start, we can commit to safer driving habits, and increase our awareness on the road for other reckless drivers. Continue reading to learn what the Indiana Criminal Justice Institute (ICJI) says are the top causes for motor vehicle accidents in Indiana, as well as, what to do if you are negligently injured by a careless driver.

Indianapolis Car Accident Attorneys 317-881-2700
Indianapolis Car Accident Attorneys 317-881-2700

Top Causes of Car Accidents Include,
but are not limited to:

Impaired Driving – Driving under the influence of alcohol, drugs, or a controlled substance is considered impaired driving under Indiana state law. According to the NHTSA’s Fatality Analysis Reporting System (FARS), 22% of all traffic-related fatalities were caused by impaired drivers.

Reckless Driving – Reckless driving is a common cause for motor vehicle accidents, and includes any form of driving that is dangerous or irresponsible. The most common examples of reckless driving that has led to car accidents in Indiana are speeding, failing to yield, tailgating, unsafe passing, changing lanes without looking, ignoring road signs, and driving the wrong way on a one-way road.

Distracted Driving – Distracted driving causes several car accidents each year in Indiana. The Traffic Safety Division reports that recently, nearly 500 traffic accidents were caused by cell phone distractions. Examples that cause accidents include texting, eating, reaching for kids or items in the back seat, reading, cell phone talking, and pets.

Fatigued Driving – Fatigued and drowsy driving are similar to both distracted driving and impaired driving since it takes a driver’s focus away from the road. According to the Traffic Safety Division, fatigued driving recently caused over 1,600 accidents.

Backing Up – Unsafely backing up is another common cause for serious car accidents, especially among pedestrians and children. Although newer model vehicles have technologies such as cameras and alarms, which help drivers see behind them, these accidents can still occur when drivers do not use the proper precautions when reversing their vehicles.

Additional Causes:

➝ Automobile Manufacturer Defects

➝ Pedestrian Negligence

➝ Defective Stoplights

➝ Unsafe Road Conditions

➝ Missing or Obstructed Road Signs

Recover Compensation After a Car Accident Injury

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

If you were injured in a car accident as a result of another’s careless, please contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed car accident attorney who can help. You may be entitled to compensation for your related losses and damages, such as medical expenses, hospital bills, lost wages from work, pain and suffering, and much more. We never collect lawyer fees unless we recover a settlement for you. Get started today by scheduling your free consultation.