Frequently Asked Questions About Personal Injury Claims – Part 2

Posted on October 21, 2015 by admin

In last week’s blog, we discussed some common personal injury questions concerning valid claims, compensation, cost of attorney, and more. Since there are many frequently asked questions about personal injury law, which we will discuss some more in this week’s blog! Continue reading for answers to common questions regarding personal injuries, accidents, and claims.

Indianapolis Accident Attorneys 317-881-2700

Personal Injury FAQs

Personal injuries can greatly alter a person’s quality of life. For this reason, it is only just for victims of wrongful injuries to receive the full and fair amount of compensation to pay for medical bills, expenses, and more. In order to protect your rights and recover the necessary funds needed to get your life on track, you must seek out professional legal counsel. Below are some additional frequently asked personal injury questions and answers that will hopefully address some of your concerns as a recent victim of a serious injury or accident.

How Much Time Do I Have to File a Personal Injury Claim?

This is a very common question since many victims of personal injuries face long recovery times. Pursuing a claim against a negligent party is often the last thing a family is concerned about right after an accident. But as soon as those expenses start piling up, and valuable time at work is lost, victims start thinking about their rights. At this point, many want to know if it’s too late or if they’ve waited too long to file a claim. It is important to check with your licensed accident attorney since time limits for personal injury cases vary from state to state. However, in Indiana, victims or families of victims have two years from the date of the accident to legally file a claim against an opposing party or insurance company. This time limit is called the Statute of Limitations. This is just one reason why you should take fast legal action after being seriously injured in an accident.

What Should I Say to Insurance Adjusters? What Should I Sign?

It can be very confusing knowing what to say or sign after an accident. Anything said or signed can be used against a victim in their case. Insurance adjusters are specially trained to get certain information from claimants or clients, and will in turn use this information as a means to evade liability for a victims’ damages. The best advice for personal injury victims is to not say or sign anything without consulting a licensed accident attorney first. Waivers, documents, and interviews can entail confusing jargon and mislead victims into accepting liability. An attorney can read through all documents and be present for interviews and questioning to ensure their clients are protected. If you must sign something or answer questions, be sure to read through every line thoroughly and do not give away too much information; and NEVER admit fault under any circumstances.

What are My Rights and How Can I Protect Them?

As a victim of a serious injury or accident, it is only natural to have questions about your rights as a victim and furthermore, how to protect them. Knowing your rights is the first step to protecting your rights after being wrongfully injured in an accident. Here are some exemplary rights for accident victims to keep in mind:

• You have the right to ask a police officer to file a police report.

• You have the right to take pictures at the scene of the accident; but only of your personal property, damages, and injuries.

• You have the right to deny insurance adjusters’ requests for a recorded statement without consulting a lawyer first. (Whether it’s your insurance carrier or another)

• You have the right to legal counsel.

• You have the right to collect compensation for your damages and losses if wrongfully injured.

To protect your rights, you must learn about your case, learn about your rights, and trust a licensed personal injury lawyer to navigate your claim to recover the full and fair compensation you deserve. They have the knowledge, experience, and resources to carefully and compassionately protect your rights and the rights of your loved ones through the entire claim process, start to finish.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident lawyers with extensive trial and litigation experience. Our firm respects all clients and their loved ones, and never collects lawyer fees unless we win your settlement. We also provide free initial consultations to discuss your case and assess your eligibility for remuneration. Call 317-881-2700 to learn your rights after suffering a serious injury in Indiana.

Frequently Asked Questions About Personal Injury Claims – Part I

Posted on October 15, 2015 by admin

Injuries are bound to happen to all of us at some point in our lives; but what happens when your injuries were no fault of your own? What if another person or entity is responsible for the accident that caused you harm? These two inquiries are just the beginning to the frequently asked questions about personal injuries and claims. After being seriously hurt in an accident, people are often confused, stressed, and full of questions. It is important to retain the services of a licensed personal injury lawyer so you have professional guidance and knowledge concerning your rights and your case. Continue reading to review some more FAQs about personal injury accidents and cases.

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Do I Have a Valid Personal Injury Case?

Medical expenses, hospital bills, time off work, and general life expenditures tend to add up quickly after a serious injury. At this point, victims are usually very stressed and overwhelmed. They want to know if they should be paying these and if they have a valid claim. The only way you can know if you have a case is to speak with a licensed personal injury lawyer. They can assess your case and determine your eligibility for remuneration. Call 317-881-2700 to schedule a FREE INITIAL CONSULTATION with a licensed personal injury lawyer in Indianapolis, today.

Should I Hire a Personal Injury Lawyer?

Yes. There is no getting around it. A personal injury lawyer is your best chance at recovering the full and fair amount of compensation you deserve after being wrongfully injured. They retain the knowledge, experience, and resources to aggressively negotiate your claim without backing down. They investigate, research, and recover all necessary evidence, eye witnesses, and more to win your claim. Insurance companies are tough, and they will take advantage of a member by urging them to agree to a small payout. But personal injury attorneys know better than this, and they know how to fight insurance adjusters to get what their client’s need and deserve.

How Much Does a Personal Injury Attorney Cost?

Most personal injury law firms provide their services on a contingency-basis. This means there are no upfront costs or lawyer fees, and clients pay nothing if their claim is not settled. If an attorney wins your claim, they generally take a set, pre-negotiated percentage of the total amount collected from the claim. This is can be anywhere from 20% to 40% and more. It varies depending on the law firm and other factors. Choose a law firm that uses the contingency-fee rule, and discuss costs before making any final hiring decisions.

How Long Does it Take to Get My Compensation?

From start to finish, a personal injury case can take anywhere from one year to five years or more, depending on the complexity of the case. You can expect it to take at least one year before a case is settled. And then once a case is settled, you can expect to wait at least 2 to 4 months before actually receiving any money. There are countless variables that affect the time frame of a personal injury claim and receiving awarded compensation. Again, talk to your attorney to get a better idea of how lo9ng your particular case may take.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. We are confident our law firm can recover the compensation you rightfully deserve after being injured in an accident. We offer free initial consultations and never collect attorney fees unless we win your settlement. Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, IN today.

Optional Driver Insurance Coverage for Accidents and Injuries

Posted on October 8, 2015 by admin

Car Accident Attorneys 317-881-2700

Understanding automotive insurance policies can be quite complex. There are several stipulations, clauses, and hidden agenda in many types of insurance agreements. It is important for you, as a driver, to fully understand your motorist insurance coverage so you can know exactly how you are covered in the case of an accident or injury. You can also consult an Indianapolis personal injury law firm for more information about motor vehicle accidents and injury claims.

Continue reading to learn about liability limitations, and the types of motorist insurance coverage everyone should have for added protection on the road and behind the wheel.

Liability Limitations in Insurance Policies

Liability limitations dictate the amount of money that will be available by the insurance company, to compensate a person in the event that you injure them in a motor vehicle accident. These parameters are usually set once a policy is purchased. These limitations will differ from person to person, depending on the type of policy purchased and a person’s individual and driving records. Liability limitations are meant to protect your personal savings, funds, and assets from being liquidated in order to pay compensation to an injured driver after causing a motor vehicle accident.

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It is recommended to purchase higher limits if you have several or significant assets to protect. In Indiana, a driver must have the state minimum liability coverage in order to legally operate a vehicle. This minimum is 25/50/10, meaning $25,000 per person (yourself and your vehicle), $50,000 per accident and all injured parties, and $10,000 for property damages per accident. So most policies offer this as standard coverage in their most basic policies.

However, the state minimum is very low; so it is strongly encouraged to add more coverage to your motorist policy. There should be enough coverage to pay for a person’s vehicle damage, bodily injury, and subsequent financial obligations or losses resulting from their injuries; such as lost wages, rehabilitation costs, medical expenses, hospital bills, and more.

Here are the additional types of motor vehicle accident coverage strongly recommended by the state and insurance companies, to further protect yourself and your assets in the case of an accident resulting in injury:

Un-Insured/Under-Insured Motorist Insurance (UM)

Under-insured and un-insured insurance coverage is vital for anyone who drives on a daily basis. In the case that someone negligently causes an accident, and they do not have sufficient or valid insurance, you could be stuck paying for the damages yourself; unless you have this additional coverage. If an un-insured or under-insured driver hits you and causes you injury, this additional coverage will be available to clean up the mess, financially. If a person with not enough insurance coverage causes you $30,000 in hospital bills and vehicular damages, but their policy only covers $25,000, your UM insurance coverage will cover the rest so that you don’t have to pay out of pocket for your expenses. This is very important insurance coverage to have, for yourself and for your family.

Medical Payments Coverage (Medpay)

Medical payments coverage is critical in the case of a serious motor vehicle accident. Although optional, many drivers opt for this additional coverage in order to cover all medical expenses and hospital bills, regardless of who is at-fault. One key benefit to Medpay is that it will pay for your medical expenses while treatment and care is ongoing. This minimizes a person’s out-of-pocket payment obligations, and eliminates the need to wait for reimbursement. Also, your insurance company does not need reimbursement if you are not made whole through the liability settlement. It maximizes a person’s “net” settlement because insurance companies base their offers on total amount of medical bills, not outstanding balances.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for car accident injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience in personal injury law. Our personal injury law firm offers free initial consultations and never collects lawyer fees unless we win your settlement. Call 317-881-2700 to schedule your consultation for personal injury claims in Indianapolis, IN today.

A Brief Review of Indiana’s Personal Injury Laws

Posted on October 1, 2015 by admin

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In terms of personal injury, Indiana has its own set of ordinances that surround the civil legal process and more. This includes time limits for filing lawsuits, government claims, compensation caps, liability, and more. Most of these basic personal injury laws will become relevant at some point, either during court trials or negotiations with insurance companies.

If recently injured and considering a claim against a negligent party, it is wise to familiarize yourself with these personal injury law basics so that you are better prepared to discuss your case with a trusted accident lawyer. Continue reading to review some basic principles surrounding personal injury law, as well as, some fundamental laws and ordinances specific to Indiana jurisdiction.

Statute of Limitations

When a person is wrongfully injured and wishes to pursue a claim against the at-fault party, they cannot wait too long. All states have a set time limit to file a civil lawsuit, all of which vary depending on the type of case. As for Indiana personal injury lawsuits, a person has two years from the date of the accident to legally file a suit. Once two years has come and gone, a personal injury victim loses all opportunity to pursue compensation for their damages. This time limit decreases for other types of claims. For claims against a city or county, a personal injury victim only has 180 days to file a lawsuit. And for claims against an Indiana state government agency, victims have 270 days from the time of the accident.

Liability

Indiana uses “comparative fault” for some personal injury claims. This means a victim can be found partially at-fault for their accident and subsequent damages, thus reducing the opposing party’s liability. It also reduces the total amount of compensation awarded. For example, if a person is hit by a car while crossing the street, but they were not using a designated crosswalk, a court might find them 20% at-fault and the driver 80% at-fault. And the math for compensation would continue from there.

Car Accident Claims

In Indiana, a car accident victim has several options in terms of collecting compensation for their damages. They can choose to file with their own car insurance carrier, the other driver’s car insurance carrier (third party claim), or take the case to court to prove fault and collect compensation for damages.

Dog Bite Claims

Many states follow a “one bite rule” regarding dog bites and injuries. This means a dog owner, to some degree, is protected from liability the first time their dog injuries another person, if their history does not show aggression or past attacks. But Indiana does not use this rule; instead, they use “strict liability” meaning a dog owner is strictly liable no matter what their dog’s behavioral history looks like.

Compensation Caps

In Indiana, there are certain limits to how much compensation can be collected on specific types of cases. For example, medical malpractice lawsuits had a cap of $500,000 for non-economic damages, while government payouts capped out at five million. These compensation caps have been updated since 2012, and may currently abolished. Talk to your personal injury lawyer for current state cap limitations.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of trial experience. Our personal injury law firm fights hard for our client’s right to full and fair compensation. We are not afraid to go the extra mile for our client’s well-being and future! Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, and never pay attorney fees unless we win your case.

Top 3 Mistakes to Avoid When Filing a Personal Injury Claim

Posted on September 22, 2015 by admin

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If you have been involved in an accident in which you sustained injury, it is vital that all proper and necessary steps are taken to file a personal injury claim against the guilty party. Unfortunately, doing this on your own can leave room for mistakes. If a mistake is made during the filing process, you can potentially be denies compensation for your injuries. Continue reading to learn how to avoid the top 3 mistakes made in a personal injury claim.

❶ Failure to Document the Accident Scene

It is understandable that many victims of personal injury fail to document the scene of the accident. A combination of shock, emotional trauma, and pain can interfere with a person’s intent to document the accident sight. Unless a victim is unconscious, it is highly recommended to take photos and video to record the happenings, locations, and other various circumstances surrounding the accident. In the case that a person is injured to the point of unconsciousness, a legal representative can help track down ambulance and police records following an accident. Having these records and documentations is a great advantage for someone pursuing legal compensation for their injuries, medical bills, and time off work. It is a full-proof method of verifying the occurrences and events of the accident, and stands solid in a court of law.

❷ Failure to Seek Medical Attention

Another common mistake people make following a personal injury is failing to seek medical attention altogether. By not seeking medical help, it ascertains that a person is not as seriously injured as they claim. This shows the court that the injuries sustained are not severe enough to receive compensation for the accident.

❸ Giving Statements Without Legal Representation

If a person is involved in an accident that caused them to sustain personal injuries, it is important for them to never give any official statements concerning the accident unless they have a lawyer present. Legal representation during a personal injury law suit is vital when it comes to apply for compensation. It is easy for a person to say something that can contradict or annul a personal injury claim in court. Speaking to a personal injury attorney before making official statements about the accident is the most important step to pursuing compensation for damages and injuries following an accident.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorney, Daniel Craven, has several years of trial and litigation experience and will work hard to recover the full and fair amount of compensation you deserve after sustaining a wrongful injury. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to schedule your initial consultation with a trusted personal injury attorney in Indianapolis, IN.

Can I Settle My Own Personal Injury Claim?

Posted on September 16, 2015 by admin

Truthfully, more than 90% of personal injury claims never become a lawsuit because they are settled out of court. Negotiating a settlement out of court makes the legal process simpler and more efficient, and it costs much less than having a trial. For less complicated cases, it is the least-risky alternative for all parties involved. In order to make the process even less risky, it is strongly advised to seek out professional legal counsel. Personal injury lawyers retain the proper knowledge, resources, and experience to accurately manage an accident claim and negotiate a full and fair settlement.

Although it is strongly encouraged to hire an attorney, an injured victim could choose to represent themselves and attempt to settle their claim all on their own, but this is not recommended. Continue reading to learn why settling a personal injury claim without a licensed attorney can be detrimental to a victim’s case.

What You Need to Know About Personal Injury Claim Settlements

If you are thinking about settling your personal injury claim yourself, there are a few things you should know. First, consider settling out of court for the aforementioned reasons. It will cost you much less if you can avoid a trial. You will then need to calculate all your damages, including economic losses, special damages, general damages, and past and future losses. And be sure to have proof of these numbers. Then you will need to adjust this value by mitigating certain damages and adding in certain factors of your case, including liability, the number of defendants, your age, your occupation, your medical history, and more. Then you can make your claim by writing a settlement demand letter to the insurance company (yours or theirs).

Keep in mind that you are not likely to have as good an outcome, in terms of recompense, without the professional assistance of a licensed attorney. A lawyer has the negotiating skills and experience to render a fuller and fairer settlement. There are several tricks and traps insurance companies will use against claimants in order to absorb the least amount of liability and pay out the least amount of compensation possible. Attorneys that practice injury law are familiar with these methods and know how to navigate through them so their client’s get what they fully deserve.

Without professional legal counsel, you are an easy target. The law is confusing and there are several aspects to a personal injury claim process. Aside from all the filing and paperwork, you would have the burden of proving the other party’s liability. This requires a comprehensive understanding of accident law, injury law, and more. It would be near impossible to adequately prepare yourself for what you need to know to easily and effectively settle your own claim.

Craven, Hoover, and Blazek P.C.

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

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to learn about filing a personal injury claim in Indianapolis, IN today.

Examples of Nonfeasance in Terms of Tort Law

Posted on August 18, 2015 by admin

There are so many terms in regards to tort law that it can be confusing understanding what a simple sentence means in a legal or court document. Personal injury lawyers are the solution to comprehending confusing legal jargon and paperwork in the case that you are filing a claim against a negligent party. Some terms, like “negligence” and “liability” can be self-explanatory; but other terms, like “nonfeasance” can be quite the opposite. Continue reading to learn the meaning of the term nonfeasance, and examples of such cases.

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Intentional Failure to Act

Nonfeasance is a legal term used in tort law that describes an inaction, rather than an action. Nonfeasance is the act of intentionally neglecting to carry out a mandatory duty or obligation, and as a result of that neglect, someone is harmed or killed. Someone can be guilty of nonfeasance if and when a duty of care is owed to a person or group of people, a breach of that duty takes place, and that breach resulted in injury to that person or people.

Courts believe that people, even if they are not creating a dangerous situation, must still take proper action to prevent harm or danger to others. In most cases, this liability is for those with preexisting relationships only. For example, if an onlooker observes a stranger drowning, they cannot be held liable for harm or death to the stranger if they have no pre-existing relationship with them. On the other hand, if the onlooker and victim are not strangers to one another, there is a legal duty of care to help. In contrast, if the bystander is someone with a legal duty of care to help or protect, like teachers or lifeguards, then they CAN be held accountable for a victim’s drowning or injury if they neglect to take proper action to prevent harm.

Relationships that obligate a duty to act in terms of nonfeasance include spouses, family members, school and students, babysitter and child, employer and employees, jails and jailers, medical establishments and patients, driver and passenger, parents and children, lifeguards, EMTs, firefighters, law enforcement, and much more. Courts have also found a “duty to act” in cases where a person provides help for someone injured or in danger, but that help leaves the victim in worse condition because their actions were unreasonable, also referred to as misfeasance (performing poorly). For example: a person sees a car accident and stops to help the victim. They pull the unconscious victim from the vehicle and carries them to the side of the road. All of these actions turn out to be more harmful because the victim had serious neck and spinal injuries that called for special maneuvering and transportation by trained EMTs. By moving the victim themselves and hesitating to call 911, they put the victim in further danger. This means they can be held liable for nonfeasance, or failing to take the proper actions to prevent harm to another.

If you believe you or someone you love has been a recent victim of similar negligence, contact a licensed personal injury lawyer to learn your rights.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a licensed personal injury attorney in Indianapolis. Accident attorney, Daniel Craven, is happy to answer your questions about personal injury claims, compensation, and more. We never collect lawyer fees unless we get money for you! Call 317-881-2700 for information about our personal injury practice areas and office locations in Indianapolis, IN today.

What is a Prima Facie Case?

Posted on August 12, 2015 by admin

Prima facie, pronounced “pree-muh fay-shee”, is a common legal term used in criminal and civil law cases. Literally translated, this term means “at first face” or at first sight; the apparent nature of something at the first look. Prima facie can refer to either a case or a piece of evidence, depending on the crime or misconduct. Continue reading to learn what a prima facie case is and examples of such cases.

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An Open and Shut Case

Prima facie is a legal doctrine that signifies a situation in which sufficient evidence is apparent, upon initial observation, to charge or convict a person before any further investigation takes place. In terms of lawsuits, it is colloquially-referred to as an “open and shut” case. Although it is possible for opposing parties to present enough conflicting evidence at trial to refute the prima facie claims against them, most often, a prima facie case is a case where so much obvious evidence exists “at first sight”, Grand Jurys can indict someone for a crime.

In personal injury lawsuits, plaintiffs hold the burden of proof, meaning they must prove their case to get the desired verdict. They have to present a prima facie case to a court, providing evidence to support their claim. If a plaintiff can do this successfully, then the burden of proof shifts to the opposing party. If they cannot, then the case is in jeopardy of being dismissed.

There are several possibilities of prima facie cases. One example of a prima facie case is check fraud. If a person is writing bad checks, or steals another person’s checkbook and writes checks with it, they are blatantly guilty of check fraud. The bad checks are prima facie evidence of their crime, while the paper trail they left behind them supports a prima facie case.

Another example of a prima facie case is drunk driving. If a person is pulled over for reckless driving and then tests over the legal limit for alcohol, their recorded reckless driving and blood alcohol content (BAC) is enough evidence to prove they were illegally operating a vehicle under the influence of alcohol. Even biased pre-employment tests can be a prima facie case, since the actual test is available as evidence that proves the prejudice of its contents.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been seriously injured in an accident that was no fault of your own. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in Indiana. They are the Indianapolis personal injury lawyers that can prevail for you! We offer free initial consultations and never collect attorney fees unless we win your case. Call 317-881-2700 and schedule your complimentary appointment to discuss your recent accident with a knowledgeable personal injury attorney in Indianapolis, IN today.

Negotiating a Final Settlement in a Personal Injury Case

Posted on July 28, 2015 by admin

Personal Injury Lawyers Indiana 317-881-2700

Negotiating a final settlement in a personal injury case is a common occurrence. It is much like buying a used car from a dealership. The salesman wants to sell the car at the highest price possible, while the customer wants the best price possible. So the negotiations continue until both parties are satisfied. An insurance adjuster and personal injury victim both want to come out on top during the negotiation process.

Although the insurance adjuster knows roughly how much the insurance company will pay out to the injured victim, they will try their hardest to negotiate the smallest payout that the victim is willing to accept. The victim knows what their personal injury damages are worth, so their attorney tries their hardest to get the highest possible payout from the insurance company or opposing party.

There are a few predictable circumstances and steps to the negotiations process that injured victims should familiarize themselves with in order to be better prepared when the time comes to recover the full and fair compensation they deserve after an accident. Continue reading to learn some common approaches to negotiating a personal injury settlement.

Settlement Negotiations Between Both Parties

The victim’s lawyer will ask for the highest amount first in a written demand letter. The insurance adjuster or opposing party will likely contest that amount by refuting the degree of liability or finding something else wrong with the claim. They may state that certain treatments, surgeries, or therapy was not necessary, or use some other type of similar excuse.

Once this happens, the victim’s lawyer will respond by negating their allegations and then asking for a certain amount of compensation for a second time. This is the time that the insurance company will counter with an insulting, low-ball offer to see if they can get lucky in the case that the victim is simply in a hurry to get a settlement check.

This is when the victim’s legal team responds by vaguely acknowledging the insurance adjusters interferences, and lowering the initial compensation request, but only slightly. At this time, an insurance adjuster is more willing to raise their low-ball offer, and most often do.

With a higher offer, the victim and their lawyer have the option to either accept the offer or to counter once again with the same compensation request, or one that is slightly lower once again.

This process continues like this until both parties come to an agreement on full and fair compensation for a victim’s damages. If an agreement cannot be made, then the case will go to court and a judge will decide the appropriate compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience in litigation and personal injury law, and are eager to represent your case. We offer free initial consultations and never collect lawyer fees unless we win your settlement. If you or someone you love has been recently injured as a result of another’s negligence, contact one of our seasoned Indianapolis personal injury lawyers for information regarding your rights following a serious accident.

Errors that May Waive a Counsel’s Right to Argue for Mistrial

Posted on July 14, 2015 by admin

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If counsel fails to ask the trial court to rebuke a juror during trial, has counsel, for purposes of an appeal, waived any claim of error for a mistrial? The Indiana Court of Appeals says, yes. Recently, in Upham v. Morgan County Hosp., 986 N.E.2d 834 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that the attorney’s failure to ask the trial judge for an admonishment of the jury pool waived the counsel’s right to argue for a mistrial later.

In order to be entitled for a mistrial, the defendant must be able to establish that the questionable conduct that occurred was so prejudicial and inflammatory that it placed the defendant in a “position of grave peril”. Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001), citing Gill v. State, 730 N.E.2d 709, 712 (Ind.2000).

For Example…

In Upham, the wife of a deceased patient brought a wrongful death action against a hospital and their physicians, for their failure to diagnosis her husband’s ruptured abdominal aortic aneurism. The medical review board ruled that the evidence supported a conclusion that the hospital met the applicable standard of care and a jury found for the hospital. On appeal the estate argued that the trial court should have ruled a mistrial after a prospective juror, a retired attorney for Eli Lily opined that malpractice suits were “the goose that laid the golden egg for trial attorneys and specifically plaintiff attorneys.” The plaintiff’s attorney further asked the prospective juror if he believed she was “taking this case just because she wanted an attorney’s figure” and didn’t believe in justice. While the prospective juror replied that he recognized counsel would receive one-third of any judgment, counsel did not ask the trial court to admonish the prospective juror regarding such prejudicial statements.

A trial court has discretion to grant or deny a challenge for cause, and such decision is appealable, as long as it is not illogical or arbitrary. Woolston v. State, 453 N.E.2d 965 (Ind.1983). If a juror serves and should have been removed for cause, the complaining party is entitled to a new trial, absent waiver. Haak v. State, 417 N.E.2d 321, 324 (Ind. 1981). Accordingly, on appeal, in order for a challenging party to prove that an erroneous denial of a challenge occurred and is entitled to a new trial without waiver, the party needs to show that they were unable to strike another objectionable juror because the party had exhausted their remaining peremptory strike.

Therefore, in Upham, The Indiana Court of Appeals held that counsel’s failure to ask the trial court to admonish the jury pool waived counsel’s right for a mistrial. Upon denying the counsel’s motion, the Court of Appeals said that Upham’s counsel invited much of the juror’s prejudicial statements.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional legal assistance in filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in accident law. They are happy to answer your questions about compensation, lost wages, medical bills, legal rights, and more, following a recent serious injury. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your consultation with a licensed personal injury lawyer in Indianapolis, today.