What to Bring to a Personal Injury Consultation

Posted on March 8, 2019 by admin

As your initial personal injury consultation approaches, it is wise to begin preparing. Although the majority of the responsibility regarding your claim lies in the hands of your trusted law firm, there are certain duties of your own that must come first in order to get your case started on a strong track. Part of this duty is to be prepared for your initial appointment by bring in documents, evidence, questions, and more.

Continue reading to learn what you should have ready to bring with you to your initial personal injury consultation.

Indianapolis Personal Injury Lawyers 5 — Central Indiana Personal Injury Law Firm 317-881-2700

Most personal injury law firms offer the first consultation for free to openly discuss your accident and related losses, determine how strong of a case you have, and similar preliminary topics. For this meeting, you, whether the actual accident victim or relative/spouse, will need to have certain items on hand. If you cannot come by these items or documents, there is no need to worry; you can still have an effective consultation so long as you have chosen a reputable and skilled Indiana personal injury law firm to represent your case.

Here are some items and information you should have ready:

✏ Medical Assistance Information – Admission and discharge papers, etc.

✏Medical Contact Information – names and phone numbers/addresses of all medical providers, ie. ambulance, emergency room, primary care physician, specialists.

✏ Medical Bills – Hospital stay, medications, treatments, tests, surgeries, physical therapy, etc.

✏ Missed Work Dates Due to Injury and Recovery – Including one month of pay stubs prior to accident date if available.

✏ Witness Contact Information-phone number, name, address…

✏ Insurance Adjuster’s Contact Information – name, address, phone number, claim number…

✏ Insurance Policy Documents – Car (if an automobile collision) and medical (health insurance information for the injured party)

✏ Copy of the Police Report – (if available)

✏ Tangible Evidence (for injuries and opposing party’s vehicle if applicable) – Photos of vehicles, scene and injured party, videos and objects from the scene.

What To Do Now

Once the lawyer evaluates the list of documents and evidence you’ve provided, they will determine whether or not your case is strong enough to proceed to the next step in the personal injury litigation process. See our blog, “How to Set Your Personal Injury Claim into Motion” to learn what to expect from the initial claims process. After being injured in an accident, it is understandable that coming by a large amount of evidence, paperwork, and more, can be overwhelming.

If you are having trouble collecting such documents, your personal injury lawyer can help and do not worry. Some evidence and information can be obtained at a later date and from other various sources.

Indianapolis Personal Injury Lawyers

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your Indianapolis personal injury claim. We are seasoned accident attorneys who represent a wide range of injured victims, including those hurt in car accidents, workplace accidents, slip and fall accidents, and much more. Request a free consultation, today.

Important Social Media Advice for Injury Victims

Posted on March 1, 2019 by admin

As an injured victim involved in a pending personal injury claim, your social media choices can directly affect the outcome of your case. It is strongly advised to discuss social media “do’s and don’ts” with a seasoned accident attorney who can give you proper guidance on how to conduct yourself on popular sites like Facebook, Twitter, Instagram, and more, without compromising your rights to compensation.

Continue reading for some brief advice on this topic, as well as, who to call for trusted personal injury representation and counsel after being hurt in an accident.

Social media is a very popular and common hobby for many people all across the world. Such sites allow you to put personal information online, including your photos, your history, your residence, your location, and more. Although social media is fun and makes it easy to communicate with those in your life, it can also be quite risky. This is especially true for anyone involved in a pending legal case or lawsuit.

Social media posts can now sometimes be permitted to be used as evidence in legal cases since they are accounts and paper trails of part of a person’s life. For instance, if a person is being charged with a crime but insists they have an alibi, they could use a social media posting or photo to prove they were in fact, not at the scene of the crime they are suspected of committing.

However, in the case of a personal injury claims, it usually has the opposite effect; rather than showing a person of interest was somewhere else when the alleged crime was committed, it can actually provide the defense something to pick up on and argue against the injured victim. For example, if you say you have back pain after a car accident, but then post a video of you on Instagram standing up for an hour at your daughter’s softball game, it could be used against you in personal injury negotiations. The defense would argue how hurt were you really if you could do that. However, most parents are willing to endure some pain to not miss something important to their daughter and since most people do not post videos of themselves hurting or in pain, there won’t be a video or photos taken of how you were feeling after that hour on your feet.

Here is What You SHOULD NOT Do on Social Media as an Injured Victim:

First and foremost, the best advice is to refrain from all social media activity throughout the duration of your case. This even includes writing online reviews on Google, Yelp, Angie’s List, Ebay, and more. For example, you wouldn’t want to review a new gym or pair of high heeled shoes after being injured in an accident because again, that could be twisted into an argument by a defense attorney. If you must take part in social media, here is what you should never do:

Do not post information about your accident or incident. This includes descriptions, photos, videos, articles, and even comments.

Do not post anything that arguably implies your injuries are less serious than you claimed. Comments and photos can be taken out of context and used to argue that you are not seriously injured or entitled to a full settlement.

Do not make any comments. Defense attorneys will use any comments you make and try to twist the meaning of the comments. Even making a claim that you were tired or sore from the gym would be used against you, even though that is normal and even if what you left out of the comment was that you could not do your full workout routine because of your injuries.

Do not make insulting comments or complaints about anyone or any company involved in the case, including the insurance companies, adjusters, opposing parties, attorneys, cities, and more. There is nothing to be gained be venting your frustrations with how the opposing side is not just simply doing the fair and honorable thing.

Do not accept new friend requests from strangers. It could be an insurance investigator, even disguised as someone else, with the intention of obtaining information that could arguably be used against you.

Who to Talk to About Your Accident Claim

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were negligently injured in Indiana. Our seasoned Indianapolis accident attorneys are well-versed in various areas of tort law and can help you obtain the full settlement you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to get started, today.

Questions and Answers About Personal Injury Negotiations

Posted on February 15, 2019 by admin

If you are entering into a personal injury claim, it is wise to educate yourself on the developments and procedures that are to be expected. One important matter to better understand for your personal injury case is the process of negotiations and settlements. After all, this is the part that affects you the most in terms of financial recovery or restitution.

Continue below to review some common questions and answers regarding this topic, as well as, where to get started learning more about your personal injury claim.

Indianapolis Personal Injury Attorneys 317-881-2700

What is the Purpose of Personal Injury Negotiations?

Personal injury negotiations are meant to provide injured victims with the opportunity to demand the full and fair compensation from their accident and subsequent injuries. The process is sadly sometimes similar to haggling over the price of a commodity at your local city market; the seller knows how much they are willing to sell it for, and the buyer knows how much they are willing to spend on it, but neither party knows the other party’s limits, so a bargaining process commences. In the case of a personal injury claim, the injured victim and the insurance adjuster will go back and forth until they agree on a fair settlement. What one side believes is fair usually does not match what the other side believes is fair.

What is a Demand Letter?

An accident victim may need to take action in order to receive compensation for their damages by developing a letter of demand to the at-fault party’s insurance carrier. Basically, a demand letter is a formally written memo that becomes the catalyst for negotiating full and fair compensation for an accident. They can be highly complex, so retaining an experienced Indiana personal injury lawyer to write a demand letter is strongly advised.

What are the General Steps to the Negotiation Process?

The process of personal injury negotiations between claimant/attorney and adjuster often begins with the claimant’s attorney sending in a demand letter with the requested amount of compensation. As a response, the insurance adjuster usually tries to find problems or gaps in the claim, and possibly even question liability or deny benefits altogether. From there, the claimant will respond to the adjuster’s arguments. Then the adjuster might offer a low-ball settlement to see how eager the claimant is to settle. The claimant may respond by slightly conceding from their original demand, but still demanding a fair settlement. From there, the adjuster might deliver another offer that is higher than their previous one. At this point, the claimant can either accept the offer or make a counter-demand.

Of course, this is just a generalized example of the negotiations process; there is much more to the strategy of dealing with insurance adjuster ploys to get claimants to settle fast and low. For these reasons and more, you must have a personal injury lawyer on your case, managing the negotiations process for you.

When Do Personal Injury Negotiations Begin?

Shortly after an insurance adjust receives a demand letter, the process of negotiations will begin. Claimants usually get a phone call within 7 to 14 days, but this can vary depending on the traffic of the office, the adjuster’s schedule, and how much investigation the adjuster chooses to do. The entire process from start to finish can take anywhere from a few weeks to a few years, depending on the circumstances of the case. Talk to a licensed personal injury attorney to learn how long your claim might take.

What is a Reservation of Rights Letter?

After a claimant sends in a demand letter, it is fairly common for them to receive a Reservations of Rights letter from the insurance company. This letter is meant to inform the claimant that the company has begun investigating the claim, but at the same time, reserving the right to not pay the claimant anything at all if the investigations reveal that the accident is not covered under the policy. See our blog, “What is a Reservations of Rights Letter?” to learn more.

How to Make a Personal Injury Claim in Indiana

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, can help you recover the full and fair compensation you deserve after being seriously injured in an accident. Call 317-881-2700 to get started today.

The Basics of Personal Injury Fault and Negligence

Posted on February 11, 2019 by admin

After being involved in an accident, the first step to submitting a claim for compensation is determining the liable party or parties. The party that is deemed “at fault” for the accident is the party responsible for covering the subsequent damages and losses suffered by any victims. This can be a person, a group of people, a company, a manufacturer, or other entity. Establishing liability in a personal injury case will revolve around a common legal concept known as negligence. If negligence is proven, fault can be assigned.

Continue reading to learn the basics of fault and negligence in personal injury cases.

Fault

“Fault” is a personal injury term that means “legal liability”, which refers to the legal responsibility for one’s acts or omissions. If a victim in injured in an accident that was no fault of their own, they can bring about a claim for compensation against the party who was responsible for causing the accident and subsequent damages. If the victim’s claim is successful, the settlement is paid for by the at-fault party or their insurance carrier. Even if a victim injured in an accident was partially at fault, they still can recover damages.

In order for a personal injury claim to be successful, the plaintiff party must prove that the at-fault party is in fact, at fault; and to determine who is at fault for an accident, negligence must be established. Whoever was negligent and caused the accident will be responsible for paying the settlement, whether through a personal injury lawsuit or insurance settlement. See our blog, “Can I Settle a Personal Injury Claim if I Cannot Prove Fault?” for further information about this topic.

Negligence

If an accident victim chooses to make a personal injury claim against another party, they hold the burden of proving that party’s negligence. There are four primary elements of negligence that must be demonstrated in order to establish liability. These four elements include duty of care, breach of duty, causation, and damages. See our blog, “The 4 Elements of Negligence in a Personal Injury Case” to learn more about each. Additional legal theories of liability include establishing intentional conduct, strict liability, or negligence per se.

Where to Get Trusted Personal Injury Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional assistance with your personal injury claim in Indiana. Our esteemed and seasoned Indianapolis accident attorneys are ready, willing and able to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. Contact us to get started in your financial recovery, today.

What are Dignitary Torts?

Posted on February 4, 2019 by admin

When it comes to your quality of life, a root of happiness and success stems from self-esteem and self-respect. Needless to say, your self-dignity is highly valuable, and arguably, priceless. So what does this have to do with dignitary torts? Then answer is, your reputation.

Continue reading to learn more about dignitary torts, including where to find trusted advice for your tort case.

Indiana Defamation Attorneys 317-881-2700

Intentional Torts

Under tort law, when a person intentionally behaves in a way that causes another person harm, it is categorized as an intentional tort. Intentional torts can have both criminal and civil repercussions for the at-fault party. A dignitary tort is a type of intentional tort in which an action causes another person’s reputation or “honor” harm, or subjects them to certain indignities (humiliations and shame). Although valid, very few states have courts that actually use this legal term.

Types of Dignitary Torts

By definition, there are several kinds of dignitary torts that a person can commit. Common torts include defamation, such as slander and libel. Additional examples include intentional infliction of emotional distress, battery, assault, abduction, false imprisonment, false light, invasion of privacy, and alienation of affections. Many jurisdictions primarily appoint non-physical acts and threats as dignitary torts. Historically, dignitary torts were mostly reserved for battery, assault, false imprisonment, and similar physical actions.

Non-Intentional Torts

There is also a type of non-intentional dignitary tort that can be committed, and it is referred to as negligent infliction of emotional distress. In this case, a victim is subjected to emotional distress and/or mental anguish as a result of another person’s non-intentional act. For example, a man could take nude photos of his girlfriend, show his friends as a joke, and as a result, cause her severe emotional stress and harm to her dignity. However, most jurisdictions simply categorize negligent infliction of emotional distress as just another form of basic negligence.

Where to Get Trusted Legal Advice

If you believe you or someone you love is a victim of defamation, negligent infliction of emotional distress or another intentional tort, contact a seasoned Indianapolis personal injury attorney to learn more about your case. You may be entitled to compensation for your damages and losses that result from the harm they have caused.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about making a personal injury claim in Indianapolis, Indiana. Experienced personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after suffering harm at the actions of another. We offer free initial consultations and never collect lawyer fees unless we recover for you.

The Realities of Legal Liability and Suicide

Posted on January 28, 2019 by admin

Tragically, suicide affects thousands of families and loved ones each year. According to the Centers for Disease Control (CDC), suicide is the 10^th leading cause of death in our country. In fact, more than 47,000 people died in 2017 alone as a result of suicide. When this kind of tragedy occurs, friends and loved ones are often left with many unanswered questions.

Although many questions regarding a person’s suicide attempt cannot be answered, a question that often comes to mind is the question of legal liability, which might have an attainable answer. Are certain people to blame, or simply negligently liable, for a person who takes their own life? Continue reading to learn the realities of legal liability and suicide.

Indiana Personal Injury Attorneys 317-881-2700

Duty of Care and Negligent Supervision

Many people will find ways to end their lives even if others attempt to step in and help. Basically, there are times when there is nothing anyone could have done to stop a person from committing suicide. On the other hand, there are some circumstances in which it may be possible or probable for a person to be legally responsible for a victim of suicide. People in the above roles have a legal “duty of care” to responsibly monitor, care, or supervise a person in their custody to prevent them from harm, even from themselves.

Whether a patient in the care of medical professionals, or a child in the care of their own mother or father, there is a steadfast legal standard of care. This includes parents, caregivers, guardians, medical professionals, and even school officials. The underlying legal matter is referred to as, “negligent supervision.” See our blog, “3 Common Examples of Negligent Supervision” for help understanding more about this legal principle.

Schools

If a student chooses to commit suicide on school grounds, it could be argued that certain school officials neglected their duty to responsibly “supervise” and care for the student. After all, it is the school’s legal responsibility to provide safe and supervised environments for all students and faculty. This includes protecting kids from severe bullying that could lead to mental health issues and eventual suicide attempts. Also, if school officials, like counselors or nurses, are aware of a child’s suicidal considerations, it may be their duty to thoroughly inform the parents right away.

At Home

As for parents of children that commit suicide, they could face possible legal repercussions for risking injury to a minor as a result of an unhealthy or volatile home. Parents are expected by courts and government officials to provide necessary mental health treatment, as well as, standard medical care, for their children. If a parent knows their child suffered from mental health issues and does nothing to address it, it could be argued that parents, or legal guardians, neglected this “duty” that resulted in the child’s suicide. Until a child or minor reaches the age of 18, or becomes emancipated, they are legally under the care and responsibility of their parents of legal guardians. This can also apply to children who are older than 18 and mentally or physically handicapped and dependent on their guardians.

Medical Care

Aside from school officials and legal guardians, other people might be help legally liable for a person’s suicide under certain circumstances. Psychiatrists, medical doctors, nurses, and similar health care professionals also carry a particular “duty of care” for their patients. All of this strictly depends on the specific circumstances, as well as, establishing that there was a duty of care owed.

Talk to a Personal Injury Lawyer for Advice

If you believe your child or loved one was a victim of negligence that resulted in suicide or serious injury, it is important to consult a licensed Indiana personal injury lawyer for professional guidance. You may be legally entitled to compensation for your losses and damages. Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation, today.

Facts About Vicarious Liability Lawsuits

Posted on January 22, 2019 by admin

Have you ever borrowed a friend’s car? Or maybe you drove your parent’s vehicle as a teenager? Is so, vicarious liability played a role in terms of the law. Aside from driving another person’s vehicle, there are many other circumstances that pose this level of liability.

Continue reading to learn more about vicarious liability, including some common examples and how to make a claim.

According to Dictionary.law.com, vicarious liability is defined as, “(…) an attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. (…)” Vicarious liability is also referred to as “imputed liability.”

In plainest terms, vicarious liability cases are those in which one party is held legally responsible for another party’s negligent or unlawful actions. Although the first party is legally responsible, the law holds the secondary party accountable as well. Vicarious liability comes to play in situations where a person has a duty of care for another person or thing, but acts negligently, resulting in serious injuries or accidents.

Examples of Imputed Liability

To better understand the principles and laws surrounding imputed liability, it is helpful to review some examples of such cases. For instance, employers have a duty of care to their staffs, making workplace accidents a common outcome of imputed liability. As an example, if an employer retains a staff of employees who act negligently in the workplace (i.e. sexual harassment, discrimination, assault, etc.), the employer can sometimes be held legally accountable for any resulting damages to employers, clients, or other victims.

In turn, victims of this negligent behavior can then make a personal injury claim to collect compensation for medical and hospital expenses, lost wages, pain, suffering, and more, all from the employer and each individual guilty employee. Employers in this situation are considered responsible because they have the duty to prevent and be aware of negligence in the workplace. By law, they should have stopped or prevented harmful behavior on the job before any serious repercussions could occur.

As mentioned before, driving another person’s car may also involve vicarious liability. For instance, if a minor crashes their parent’s vehicle and causes serious injury or death to another driver or pedestrian, it is the parents that can also be held legally responsible for all damages and losses that occurred as a result of the car crash, sometimes whether the minor had permission to drive the vehicle or not.

You see, by law, parents have a duty of care to properly teach their child how to operate a vehicle safely, and only allow their teen to drive their vehicle when they are capable of doing so responsibly. This is also the case if a friend or other relative borrows someone’s car and hurts someone else while driving it. Although the owner of the car was not the one behind the wheel, and the person driving had a valid license, the owner could be held accountable for the damages to the injured party.

Were You Hurt in a Negligent Car Accident?

If you were recently involved in a car accident that was not your fault, and now you are facing heaping medical expenses, hospital bills, and missing work, talk to an Indianapolis personal injury lawyer about making a car accident claim. You may be entitled to collect compensation to cover all of your financial losses and damages that resulted from your accident.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident and learn the best course of action for your personal injury claim. We can help you recover the full and fair compensation you deserve. Furthermore, we offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today.

How to Get a Free Personal Injury Case Evaluation in Indianapolis

Posted on January 14, 2019 by admin

After being injured in an accident that was no fault of your own, you may feel like your life will never get back on track to the state it was in before. But with the help of a seasoned personal injury lawyer, you may be able to recover compensation in order to pay for your medical bills, lost wages, and more. Once you are medically stable enough to move forward with making an accident claim for compensation, your first step is to have your case evaluated by a legal professional.

As a recent accident victim, it is natural to have several questions about case evaluations, such as “Where can I get one?” and “How must do they cost?” If you also have these same questions, you are already on the right path because you are acknowledging important parts of your personal injury case.

Continue reading to learn more about personal injury case evaluations, including how to get a free one in Indianapolis.

Free Personal Injury Consultations 317-881-2700

Personal Injury Evaluations

The primary purpose of an initial personal injury case evaluation is to better understand the value and validity of your potential claim. They are also intended to identify statute of limitations within the state, as well as, any prohibiting factors that may contradict or jeopardize your rights to recompense. Overall, personal injury case evaluations are used to determine whether or not a client has a valid case and which course of action is best for pursuing fair compensation.

Free Initial Consultations

Virtually all personal injury law firms provide initial consultations, but not all of them do it for free. It is wise to seek out free initial personal injury evaluations when looking for a law firm to represent your claim. Where can you find free case evaluations for personal injury claims? You can spend endless hours searching the entire city, or blindly choose from a vast list of lawyers; or, you can skip all the hassle and contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, today.

Our Indianapolis personal injury law firm offers free initial case evaluations. Additionally, we work on a contingency fee basis, which means we never collect lawyer fees unless we obtain a settlement or judgment for you. Contact us today at 317-881-2700 to schedule your free consultation, and learn what you need to know about your rights to compensation.

Is My Personal Injury Case Criminal or Civil?

Posted on January 7, 2019 by admin

Personal injury cases are highly complex since they involve the law. Such cases are made even more complex when accidents are so severe, they can lead to permanent losses or even wrongful deaths. This leads many to wonder whether or not personal injury cases are criminal matters. Although it would seem reasonable to assume that an accident that leads to another person’s death would result in someone being criminally penalized, it is not always the case. In fact, numerous personal injury lawsuits are civil matters and do not involve crimes being committed.

Continue reading to learn the fundamental differences between criminal and civil law, as well as, how to make a personal injury claim for compensation after being negligently injured in an accident.

Indianapolis Accident Attorneys 317-881-2700 — Indiana Accident Attorneys 317-881-2700

Criminal Legal Matters

Criminal law involves crimes against the state, government, or society in whole. Criminal violations, like felonies and misdemeanors, are subject to state and federal punishment, therefore, guilty person’s face jail time, governmental fines, and more. In criminal law, the burden of proof shifts to a more complex principle. It is always up to the state prosecutors to provide evidence in order to prove that a defendant is guilty.

All people are innocent until proven guilty, so the defendant has no burden of proving their own innocence at all in a criminal case. There are a few exceptions to this rule, in the case of insanity claims and self-defense claims. The state has the responsibility of proving “beyond a reasonable doubt” that a defendant is guilty of the crime in question. Beyond a reasonable doubt that a defendant is guilty for a jury to hand down a guilty verdict is a very high bar for a prosecutor to meet.

Civil Legal Matters

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties, rather than the state, government, or society as a whole. A common example of such cases involve injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the courts to decide who is at-fault and if the negligent party should pay remuneration to the injured person. The same goes for family law and divorce cases, disagreements over property ownership, breach of contracts, wrongful terminations, and more.

Anyone found guilty of a civil matter or infraction will not be subjected to jail time, government fines, or capital punishment. Instead, most civil litigation cases end with a negligent party being order to compensate the injured party for their losses and any additional damages caused by the defendant’s negligence. Recompense is often times paid by the defendant’s insurance provider, but sometimes, they must pay out of pocket if they did not have insurance, for example. If they have no money, assets, or insurance, an injured person may not receive any recompense, even if it is court-ordered, and even if ordered to pay by a court, discharge of the obligation in bankruptcy can still be a high probability.

As for burden of proof, civil cases and criminal cases differ greatly. In civil law, the plaintiff has the burden of proving their damages and the negligent act of the opposing party be a more likely than not standard, which is much lower than the beyond a reasonable doubt standard in a criminal manner. The defendant has the burden of proof regarding and defenses they assert in the civil matter. In a civil case, a plaintiff and a defendant must hire and pay for their own attorney, or choose to defend themselves. Only in criminal cases will the state offer a lawyer for free. However, in a civil matter, because most defendants have insurance, the insurance company will hire and pay the defense attorney fees and expenses.

Get Trusted Advice Today

Personal injury cases are highly complex and require professional legal representation. Talk to your trusted personal injury attorney to learn more about your particular claim, including which course of action best meets your needs for compensation and justice. Start by calling the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our experienced Indiana accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to recover the full and fair compensation you deserve.

Defining “Duty of Care” in a Personal Injury Lawsuit

Posted on January 4, 2019 by admin

Negligence is the legal concept that most personal injury claims and lawsuits depend on. Without proof of negligence, it would be difficult to establish fault, which in turn, makes it virtually impossible to recover compensation for an injured victim’s (or family’s) damages and losses. For this reason, as a victim of a negligent accident, it is critical to retain an experienced Indiana personal injury attorney who is well-versed in the type of accident and injuries you have suffered.

When it comes to proving fault in a personal injury case, your seasoned attorney is your best chance at achieving the outcome you desire. Aside from hiring a qualified lawyer, you can also be sure to make your claim as soon as possible, before your state’s statute of limitations ends. In the meantime, continue reading to learn more about establishing fault in a personal injury case, starting with a common legal concept known as “duty of care.”

Breaching Duty of Care

Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept; these two factors are “duty of care” and “breaching” the duty of care. Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental.

Establishing a party’s duty of care is the primary step in a personal injury case. The legal team works to prove that a particular party (person, company, etc.) had a responsibility, or duty of care, and then failed to uphold that responsibility, directly causing another person to be injured or killed. Personal injury lawyers want to demonstrate to the court that the opposing party breached their duty of care, which directly led to an innocent person incurring serious injuries and subsequent losses.

The Next Step in a Personal Injury Case

Once the two above-mentioned concepts are demonstrated and confirmed in court, the next step in a personal injury case is to prove that the injured victim (or plaintiffs) were direct victims of injury and suffered serious damages and losses as a direct result of the defendant’s negligence.

If the concepts of negligence and duty of care can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages and losses. Such damages and losses may include hospital bills, medical expenses, lost wages from time off work, pain and suffering, prolonged physical therapy, loss of consortium, wrongful death, and much more.

What You Need to Do

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a personal injury claim in Indiana. Our office is based out of Indianapolis, but we provide representation for victims all throughout the state of Indiana, as well as, individuals who were injured in Indiana, but live elsewhere. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today.