Filing a Personal Injury Claim for Your Child: A Guide for Indiana Parents and Guardians

Posted on July 9, 2024 by admin

When a child suffers an injury, it can be a heart-wrenching experience for any parent or guardian. Besides the immediate concern for your child’s well-being, there are often significant medical expenses and long-term implications to consider. This is where filing a personal injury claim becomes crucial.

Understanding how to file a claim can help ensure that your child receives the necessary care and compensation for their injuries. In this guide, we’ll walk you through the entire process, from identifying common injuries to consulting with a personal injury attorney.

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Types of Personal Injuries Common in Children

Children are naturally curious and energetic, which sometimes leads to accidents and injuries if there is not proper supervision. Knowing the types of personal injuries that are common among children can better prepare you for potential situations.

Playground Injuries

Playgrounds are a common spot for children to get injured. Falls from playground equipment can result in broken bones or concussions. It’s essential to keep an eye on the child and ensure they are playing in a safe environment.

Car Accidents

Children are often passengers in vehicles, making them vulnerable in car accidents. Injuries can range from minor cuts and bruises to severe spinal injuries. Always make sure your child is securely fastened in a car seat or seatbelt appropriate for their age and size.

Sports-Related Injuries

Participating in sports is great for a child’s development but can also lead to injuries like sprains, fractures, and concussions. Proper training, equipment, and supervision can help minimize these risks.

Pedestrian Accidents

Children are more likely to be involved in pedestrian accidents, whether due to their small size, lack of proper driving by the at-fault party, etc… Whether on bike or foot, these high-impact accidents can result in severe injuries such as broken bones, head trauma, or even death.

Defective Products

Children’s toys, equipment, and other products may sometimes have defects that can cause injuries. It’s crucial to carefully inspect these items and follow age recommendations before letting any child use them.

Steps to Take After Your Child’s Injury

If your child has suffered an injury due to someone else’s negligence, here are the steps you should take:

Seek Medical Attention: The first step after any injury is to seek medical attention immediately. Even if the injury seems minor, it’s essential to get a professional assessment to ensure there are no underlying issues.
Document Everything: Keep a record of all medical bills, doctor’s notes, and any other relevant documents related to your child’s injury. This information will be crucial when filing a personal injury claim.
Consult with an Attorney: It’s always best to consult with a child injury attorney before proceeding with a claim. They can guide you through the process and ensure that your child receives fair compensation for his or her injuries.
File a Claim: With the help of your attorney, file a claim against the responsible party or their insurance company. This will involve providing evidence and negotiating for a settlement.
Consider Settlement Offers Carefully: If the responsible party or their insurance company offers a settlement, make sure to carefully consider it with your child injury lawyer. It’s important to ensure that the settlement covers all current and future medical expenses related to your child’s injuries.

Child Injury Claim Filing Process

Filing a personal injury claim for a child involves several legal steps. Understanding this process can make it less daunting.

Gathering Evidence and Documentation

The first step in filing a claim is gathering all necessary evidence and documentation. This can include medical records, witness statements, contact data for involved parties and photographs of the injury and accident scene. Proper documentation strengthens your case and increases the chances of a favorable outcome.

Statute of Limitations for Child Injury Claims in Indiana

In Indiana, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, for injuries involving minors, the statute can potentially extend until the child turns 20. Knowing this timeline is crucial for ensuring that your claim is filed on time.

The Role of the Parent or Legal Guardian

As a parent or legal guardian, you play a pivotal role in the process. You’ll need to act on behalf of your child, gather evidence, and consult with legal professionals to ensure your child’s rights are protected.

Determining Liability in a Child’s Injury Case

Determining who is at fault is a key aspect of any personal injury claim. Understanding liability can help you document a stronger case.

Comparative Negligence in Child Cases

Indiana follows a comparative negligence system, meaning that fault can be shared among multiple parties. If your child is found to be partially at fault, it could reduce the compensation you receive. However, due to their age, children are often seen as less responsible for their actions so whether or not they can be partially at fault depends on the age of the child.

Potential Defendants in Child Injury Claims

Potential defendants in a child injury claim can vary. They might include negligent drivers, property owners, daycare operators or even manufacturers of faulty products. Identifying the right defendant is crucial for a successful claim.

Compensation in Child Injury Cases

Understanding the types of compensation available can help you seek the full amount your child deserves.

Medical Expenses and Future Care

Medical expenses form a portion of compensation in personal injury claims. This includes immediate treatment costs and future care needs, especially if the injury has long-term implications.

Pain and Suffering

Compensation for pain and suffering is intended to cover the emotional and physical distress caused by the injury. This is often a significant part of the claim, as it accounts for the impact on your child’s quality of life, both past and future.

Special Considerations for Minors

When dealing with minors, courts often take special considerations into account. This includes opening an estate to hold the compensation until the child reaches adulthood, ensuring the money is used for their benefit.

The Importance of Consulting with a Personal Injury Attorney

Navigating the complexities of a personal injury claim can be overwhelming. Consulting with a personal injury attorney can provide valuable guidance.

Finding the Right Lawyer for Your Child’s Case

Choosing the right lawyer is crucial. Look for someone with experience in handling child injury cases and a proven track record. A good attorney will guide you through each step, ensuring you understand the legalities involved.

Common Mistakes to Avoid in Child Injury Claims

Avoiding common mistakes can increase the chances of a successful claim. These include failing to gather sufficient evidence, missing the statute of limitations, and not consulting with a legal professional. Being aware of these pitfalls can help you navigate the process more effectively.

KEY TAKEAWAYS

Understanding how to file a personal injury claim for your child empowers you to protect their rights and ensure they receive the compensation they deserve. By knowing the types of common injuries, understanding the legal process, and consulting with a personal injury attorney, you can make informed decisions to support your child’s recovery and future well-being.

Consulting with a personal injury attorney who concentrates on child injury cases is paramount. Their expertise can provide the support you need to successfully navigate this challenging process.

Was your child seriously injured in an accident that was at the fault of another person or place? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee consultation with a seasoned child injury lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

Five Common Myths about Workers’ Compensation Debunked

Posted on July 5, 2024 by admin

Navigating the world of workers’ compensation can feel daunting, especially when faced with conflicting information. Understanding your rights and the realities of workers’ compensation is crucial for ensuring you receive the benefits and support you deserve. In this blog post, we’ll debunk five common myths about workers’ compensation, providing clarity and peace of mind for injured workers.

Call 317-881-2700 When You Need a Workers' Compensation Attorney in Indianapolis Indiana — Call 317-881-2700 When You Need a Workers’ Compensation Attorney in Indianapolis Indiana

Do Not Fall for These 5 Workers’ Compensation Myths

Myth #1 – You can’t claim compensation if the injury was your fault

Many injured workers mistakenly believe that if they were at fault for their injury, they are ineligible for workers’ compensation benefits. This misconception can prevent deserving individuals from seeking the help they need. The truth is, workers’ compensation is a no-fault system, designed to provide benefits regardless of who caused the injury. There are however certain defenses that can be claimed by the employer such as engaging in “horseplay” and intoxication.

Under workers’ compensation laws, fault is not a determining factor in eligibility. This means that even if your actions contributed to the injury, you are still entitled to benefits. The primary focus is on whether the injury occurred while performing occupational-related duties.

It’s essential to report your injury promptly and follow the necessary steps to file a workers’ comp claim. By understanding that fault does not impact your eligibility, you can confidently pursue the benefits you deserve without fear of being denied due to perceived fault, in most circumstances.

Myth #2 – You can’t claim if the injury occurred outside of work hours or off-site

Another common misconception is that injuries occurring outside of regular work hours or off the worksite are not eligible for workers’ comp. This belief can deter workers from filing claims for legitimate injuries sustained during work-related activities. The reality is that workers’ compensation coverage extends beyond the confines of typical work hours and locations is some situations.

The “course and scope” doctrine plays a crucial role in determining whether an injury is work-related. This doctrine considers whether the injury occurred while the employee was performing tasks related to their job, regardless of time or location. For example, if you were injured while attending a work-related event or running an errand for your employer, you may still be eligible for workers’ compensation benefits.

By understanding the broad scope of workers’ compensation coverage, you can ensure that you seek the benefits you are entitled to, even if the injury occurred outside of traditional work settings.

Myth #3 – You can’t see your preferred doctor for a work-related injury

Injured workers often believe they have no choice but to see the doctor provided by their employer or the workers’ compensation insurance company. This can cause concern, as workers may prefer to consult their trusted healthcare providers. Fortunately, there are ways to navigate medical care within the workers’ comp system while still receiving quality treatment.

While it is true that employers often have a network of preferred healthcare providers, injured workers usually have the right to seek a second opinion or choose their doctor after a certain period or under certain conditions. It’s essential to familiarize yourself with your state’s specific workers’ compensation laws, as they can vary regarding medical care options.

To make the most of your medical care, be proactive in communicating with your employer and the insurance company. By understanding your rights and seeking appropriate medical care, you can ensure that your treatment aligns with your state’s laws and your preferences and needs.

Myth #4 – Filing a claim means you’re suing your employer

One of the most pervasive myths is that filing a workers’ compensation claim is equivalent to suing your employer. This misconception can create unnecessary fear and hesitation among injured workers. In reality, a workers’ comp claim is a separate process from a personal injury lawsuit and is designed to provide a streamlined path for obtaining benefits.

Workers’ compensation exists to ensure that employees receive medical treatment and wage replacement benefits without the need for lengthy and adversarial legal battles. By filing a claim, you are not accusing your employer of wrongdoing but rather seeking the benefits you are entitled to under the law.

Additionally, workers’ compensation laws include protections against retaliation, meaning your employer cannot legally fire or demote you for filing a claim. Understanding this distinction can help alleviate concerns and encourage you to pursue the benefits you deserve.

Myth #5 – You’ll get fired or demoted for filing a workers’ comp claim

The fear of losing one’s job or facing demotion is a significant deterrent for many injured workers considering filing a workers’ comp claim. It’s essential to know that there are legal protections in place to prevent such retaliation, ensuring that you can seek benefits without fear of negative consequences from your employer.

Anti-retaliation laws prohibit employers from firing, demoting, or otherwise discriminating against employees for exercising their rights under workers’ compensation laws. If you believe you are experiencing retaliation, you can take steps to protect yourself, such as documenting incidents and seeking legal advice.

By understanding your rights and the protections available, you can confidently pursue a workers’ comp claim without fear of losing your job or facing demotion.

Conclusion

Debunking these common myths about workers’ compensation is crucial for empowering injured workers to seek the benefits and support they deserve. By understanding that fault is not a factor, recognizing the broad scope of coverage, knowing your medical care options, differentiating between claims and lawsuits, and being aware of anti-retaliation protections, you can confidently navigate the workers’ compensation system.

If you have questions about your rights or need assistance with your work injury claim, don’t hesitate to seek legal advice. Our team of experienced Indiana workers’ compensation attorneys is here to help you understand your options and ensure you receive the benefits you are entitled to. Contac t us today at 317-881-2700 to learn more about how we can support you in your workplace injury claim journey. We represent clients all throughout the state.

Call It In: Why You Should Always Make an Official Report After an Injurious Accident

Posted on July 1, 2024 by admin

Have you been involved in an accident that left you injured due to someone else’s negligence or recklessness? If so, you’re not alone. Many people find themselves in similar situations every day, feeling overwhelmed and unsure of what steps to take next. In this blog post, we will explore the importance of making an official report after such accidents, and why it’s crucial for personal injury victims, legal advice seekers, personal injury claimants, and accident survivors.

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What is a Wrongful Injury?

A wrongful injury occurs when someone suffers harm due to the negligence of another person. This can include car accidents, slip and fall incidents, or any other situation where someone’s lack of reasonable care leads to injury. Understanding the legal implications of wrongful injury is the first step towards protecting your rights and seeking compensation for your suffering.

The Consequences of Negligence and Recklessness

Negligence refers to the inaction or refusal to take adequate care in doing something, which results in damage or injury to another person. This could be something as simple as not cleaning up a spill, leading to a slip and fall, or as complex as not following proper procedures in a professional setting. Recklessness, on the other hand, involves a higher degree of disregard for the safety of others, such as driving at high speeds in a residential area without concern for pedestrians or other vehicles.

Both negligence and recklessness can have severe consequences, including physical, emotional, and financial harm. Holding the responsible party and their insurance carrier accountable is essential for your recovery and well-being, as it can provide the necessary resources for medical treatment, emotional support, and financial compensation.

The Importance of Making an Official Report

Making an official report after an accident is vital for several reasons, including legal protection, accurate documentation, obtaining correct contact information, and ensuring fair compensation. Police reports are the best version of an official report. Contact the police first to report your accident and any injuries you may have suffered. They will help to insure appropriate medical personnel also show up.

If your accident happened at work, you may only need to file an accident report with your supervising authorities. Depending on the scenario, you might need to file a report with the police AND the premises’ authorities, such as a store or office manager. Here are some primary reasons why taking this step is so crucial:

Legal Protection – An official report serves as a legal document that can be used as evidence in court or during settlement negotiations. It provides a factual account of the incident, which can be crucial in establishing liability and proving your case.
Accurate Documentation – Creating an official report ensures that all relevant details of the accident are accurately recorded. This includes the time, date, location, and circumstances of the incident, as well as any witnesses and their statements. Such documentation is invaluable when documenting a strong personal injury claim.
Ensuring Fair Compensation – By making an official report, you increase your chances of receiving full and fair compensation for your injuries. Insurance companies, courts and juries often rely on these reports to determine the extent of your damages and the appropriate amount of compensation.

Steps to Take After an Accident That Leaves You Injured

Knowing what to do immediately after an accident can make a significant difference in your recovery and legal proceedings. Here are the immediate steps you should take to protect yourself and your rights:

Seek Medical Attention – Your health should always be your top priority. Seek medical attention as soon as possible, even if you believe your injuries are minor. Some injuries may not be immediately apparent, and a medical professional can provide a thorough assessment.
Report the Accident – Contact the police or other relevant authorities to report the accident. Provide them with all necessary information and request a copy of the accident report for your records. This document will be crucial for your personal injury claim.
Gather Evidence – Collect as much evidence as possible from the scene of the accident. Take photographs, videos, obtain witness statements or contact data, and keep any relevant documents, such as medical records and repair estimates. This evidence will support your claim and help establish liability.

Legal Implications and the Role of a Personal Injury Lawyer

Understanding the legal implications of reporting an accident and the importance of seeking professional legal advice can make a vital difference in your case.

How Reporting an Accident Affects Future Legal Claims

An official report can significantly impact your ability to pursue a personal injury claim. It provides a verifiable account of the incident, which can be used to support your case and establish liability. Without this documentation, it may be challenging to prove your claim and receive fair compensation.

The Importance of Seeking Professional Legal Advice

Consulting with a personal injury lawyer is essential for navigating the complexities of your case. An experienced attorney can provide valuable guidance, help you gather necessary evidence, and represent your interests in negotiations or court proceedings.

IN SUMMARY

In conclusion, making an official report after an accident caused by another’s negligence or recklessness is crucial for protecting your rights and ensuring fair compensation. By following the steps outlined in this guide, you can document a strong personal injury claim and increase your chances of a successful outcome.

If you have been injured in an accident, don’t hesitate to seek legal advice. Our experienced team of personal injury lawyers is here to help you every step of the way. Contact us today for personalized legal assistance and to discuss your case in detail.

Remember, taking the right steps after an accident can make all the difference in your recovery and future. Act now to protect your rights and secure the compensation you deserve. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with our seasoned Indianapolis personal injury lawyers, today. Meet at our Indy-based firm, or connect with us over the phone, via internet, or at your place of inpatient medical care.

What to Do After a Dog Bite in Indiana: Legal Steps Explained

Posted on June 27, 2024 by admin

Dog bites can turn a regular day into a distressing and painful ordeal. Knowing the legal steps to take after such an incident is crucial, especially for residents of Indiana. This blog post aims to guide dog bite victims, survivors, and parents through the necessary legal actions. By understanding these steps, you can safeguard your health and rights effectively.

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Understanding Legal Steps After a Dog Bite

Dog bites are more common than you might think. According to the Centers for Disease Control and Prevention (CDC), approximately 4.7 million dog bites occur in the United States every year, with many of these incidents happening in Indiana. Understanding the legal framework surrounding dog bites in Indiana is essential for ensuring justice and compensation.

Legal Obligations and Victims’ Rights

Duty of Care and Legal Responsibilities of Dog Owners

Dog owners in Indiana have a legal duty to ensure their pets do not harm others. This responsibility, known as “duty of care,” means keeping dogs restrained and under control, especially in public spaces. Failure to do so can result in significant legal consequences for the owner and their insurance carrier.

Rights of the Victim

Victims of dog bites in Indiana have the right to seek compensation for damages. This can include medical expenses, lost wages, and even emotional distress. Understanding these rights is the first step towards obtaining the justice you deserve.

Time Limits for Filing a Dog Bite Claim in Indiana

Indiana law imposes a statute of limitations on dog bite claims. In most situations, victims generally have two years from the date of the incident to file a claim. Missing this deadline can result in losing the right to seek compensation, making it crucial to act promptly.

Immediate Actions to Take After a Canine Attack

Seeking Medical Attention

The first and most critical step after a canine attack is seeking medical attention. Even if the wound appears minor, infections such as rabies can develop. A healthcare professional can provide necessary treatments and document the injury, which is vital for legal proceedings.

Reporting the Incident

After addressing immediate medical needs, report the dog bite to local authorities. First contact the local police department and animal control to file a report. A formal report serves as an official record of the incident and an investigation will occur, which is essential for pursuing legal action.

Gathering Evidence

Collecting evidence at the scene is crucial. Take photographs of your injuries, the location, and the dog if possible. Gather the contact information of witnesses and the dog owners, as their testimonies can be invaluable. This evidence will support your claim and help establish the owner’s liability and enable you to make a claim with their homeowner’s insurance company

Legal Steps for Dog Bite Personal Injury Claims

Consultation with a Personal Injury Attorney

Seeking advice from an experienced personal injury attorney can make a vital difference in your case. They can provide insights into your rights, evaluate the viability of your claim, and guide you through the legal process. An attorney will also help negotiate with insurance companies to ensure full and fair compensation.

Filing a Dog Bite Claim

Once you have an attorney, the next step is filing a dog bite claim. This involves submitting your case to the appropriate insurance company and legal body, along with all gathered evidence. Your attorney will help you prepare and file the necessary documents, ensuring that all legal requirements are met.

The Discovery Process and Negotiations

The discovery process involves gathering further evidence, including medical records and witness statements. During this phase, both parties exchange information to document their cases. Negotiations may also occur at this stage to reach a settlement without going to trial.

Going to Trial, if Necessary

If a settlement cannot be reached, your case may go to trial. Here, both sides present their arguments before a judge or jury. Having a skilled attorney by your side can significantly impact the outcome, helping you secure the compensation you deserve.

Resources and Support for Dog Bite Victims

Support Groups

Numerous resources are available for dog bite victims in Indiana. Support groups offer emotional support and guidance. Connecting with these resources can help you navigate the challenges following a dog bite.

Tips for Dog Bite Prevention and Safety

Prevention is always better than cure. Educate yourself and your community about dog bite prevention. Simple measures, such as proper training, proper restraint and control of the dog and socialization for dogs and understanding body language, can significantly reduce the risk of dog bites.

Conclusion

Understanding the legal steps after a dog bite is crucial for protecting your rights and securing the compensation you need. By following the outlined steps—seeking medical attention, reporting the incident, gathering evidence, and consulting with a personal injury attorney—you can navigate this challenging situation effectively.

If you’ve been bitten by a dog in Indiana, don’t hesitate another day to seek professional and personalized legal advice. Contact the Law Office of Craven, Hoover, and Blazek P.C. to file a dog bite accident claim in Indianapolis and ensure you get the justice and compensation you deserve.

Navigating the Depths: Understanding Swimming Pool Accident Claims

Posted on June 24, 2024 by admin

Swimming pools are synonymous with fun and relaxation, but they also pose significant risks. Understanding personal injury claims related to swimming pool accidents is crucial, especially for swimmers, parents, pool owners, and anyone who frequents public pools.

In this blog post, we’ll explore the common types of swimming pool accidents, their legal implications, and the steps you should take if you find yourself or a loved one injured. Additionally, we’ll discuss the responsibilities of pool owners and operators to ensure safety and prevent accidents.

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Common Swimming Pool Accidents

Swimming pools can be a hotspot for a variety of accidents, each with its own set of causes and consequences.

Drownings and Near-Drownings

Drowning is one of the leading causes of accidental deaths worldwide, and swimming pools are no exception. A person can drown if they can’t breathe after being submerged in water for too long. According to Centers For Disease Control and Prevention (CDC) statistics, over 4,500 people died due to drowning each year from 2020 to 2022. Near-drowning refers to a situation where someone has almost drowned but survived. This can lead to long-term health issues such as brain damage or respiratory problems.

Diving Injuries

Diving into shallow water or improperly marked depths can lead to severe injuries, including spinal cord damage and traumatic brain injuries. Improper signage and lack of supervision are common causes of swimming pool diving and diving board injuries.

Slip and Falls

Wet surfaces around the pool area are a common cause of slip and fall accidents. These accidents can result in broken bones, concussions, and other serious injuries. The National Safety Council reports that falls are the leading cause of non-fatal injuries in the U.S., and swimming pools are no exception.

Chemical Burns

Improper handling or incorrect chemical balance in pool water can cause chemical burns and respiratory issues. The CDC highlights that exposure to high levels of chlorine can lead to skin irritations and lung problems. They report that between 2015 and 2017, an estimated 13,508 visits to U.S. emergency departments were due to pool chemical injuries, with about one third of these incidents involving individuals under 18 years old. Faulty maintenance and inadequate training are often to blame.

Entrapment Incidents

Entrapment occurs when a swimmer gets stuck on a pool drain due to powerful suction. This can lead to drowning or severe internal injuries. The Consumer Product Safety Commission reports that between 2014 and 2018, there were 11 confirmed entrapment incidents in swimming pools, whirlpool bathtubs, and spas.

Legal Aspects of Personal Injury Claims

Understanding the legal framework surrounding swimming pool accidents is essential for anyone seeking to file a personal injury claim.

Premises Liability

Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. In the context of swimming pools, this means that pool owners could be held liable if an accident occurs due to their negligence, such as failing to maintain the pool area properly or not providing adequate warnings of potential hazards.

There is also the subject of maintaining an attractive nuisance. This refers to the legal responsibility of a property owner to ensure that their pool or other attractive features do not pose a risk to children. Pool owners must take reasonable steps, such as installing fences and gates, to prevent unauthorized access by children.

Negligence

Negligence is the failure to exercise reasonable care, resulting in injury or loss to another person. For swimming pool accidents, this could include inadequate supervision, poor pool maintenance, or not following safety regulations. If someone is injured due to another’s negligence, they may have grounds for a personal injury claim.

Steps to Take After a Swimming Pool Accident

Taking immediate and appropriate action after a swimming pool accident can significantly impact the outcome of any personal injury claim.

Medical Attention and Documentation

The first and foremost step is to seek medical attention. Even if injuries appear minor, it’s crucial to get a professional evaluation. Medical records will be essential for any subsequent legal action. Documenting the scene of the accident, including taking photographs and gathering witness statements, can also be invaluable.

Reporting the Incident

Report the incident to the appropriate authority, whether it’s the pool owner, a lifeguard, or local law enforcement. An official report can serve as crucial evidence in your case. Ensure that the details are accurate and that you keep a copy for your records.

Seeking Legal Advice

If your child or a family member is injured in someone else’s swimming pool, you should know your legal rights. It’s important to document the incident, seek medical attention, and contact a personal injury law firm to explore your options for compensation. Personal injury lawyers who concentrate on swimming pool accidents can provide you with the necessary guidance you need.

They can help you understand your rights, the viability of your claim, and the steps needed to pursue compensation. Legal representation can also handle communications with insurance companies and opposing parties, ensuring that your case is managed professionally.

Pool Safety and Responsibilities

Pool safety is a shared responsibility among pool owners, operators, and users.

Duty of Care for Pool Owners

Pool owners must exercise a duty of care to ensure their pool area is safe for users. This includes regular maintenance, proper signage, and adequate supervision. Failure to meet these responsibilities can result in legal liability if an accident occurs.

Tips for Preventing Swimming Pool Accidents

Prevention is always better than cure. Here are some practical tips for maintaining a safe swimming pool environment:

Regular Maintenance: Ensure that the pool and its surroundings are well-maintained. Check for potential hazards like loose tiles or malfunctioning drains.
Adequate Supervision: Never leave children unattended near a swimming pool. Hiring a lifeguard or ensuring competent adult supervision can prevent many accidents.
Proper Signage: Clearly mark depths and hazards. Inform users of pool rules and safety guidelines.

Promoting Safety

Promoting a culture of safety can go a long way in preventing accidents. Educate your family and guests about pool safety practices, such as not running near the pool, avoiding alcohol consumption while swimming, and knowing basic water rescue techniques. Remember, safety is everyone’s responsibility, so let’s work together to make our pools safer for all.

CONCLUSION

Swimming pool accidents can have devastating consequences, but understanding the legal aspects of personal injury claims can help you seek the compensation you deserve. From knowing common types of accidents to understanding premises liability and negligence, being informed is your first step towards justice.

If your child or loved one has been involved in a swimming accident, don’t hesitate to seek legal advice. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your case and explore your options for filing a personal injury accident claim in Indianapolis. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

A Guide to Indiana’s Wrongful Death Laws After a Fatal Car Crash

Posted on June 21, 2024 by admin

When tragedy strikes on the road, it can leave families shattered and in search of answers. If you’ve lost a loved one in a fatal car crash in Indiana, understanding how to file a wrongful death claim is crucial. This guide will walk you through the process, helping you understand your rights and the legal steps to take.

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The Legal Objective of a Wrongful Death Car Crash Claim in Indiana

Losing a loved one in a car accident is an unimaginable pain. When negligence is involved, it adds another layer of complexity and grief. A wrongful death claim offers a way for families to seek justice and compensation for their loss. In this section, we will define wrongful death, its legal implications, and its relevance to fatal car accidents.

Wrongful death occurs when someone dies due to the negligent or intentional actions of another person. In the context of car crashes, this could involve reckless driving, driving under the influence, or other forms of negligence. A wrongful death car crash claim allows the surviving family members to seek compensation for their loss, covering medical expenses, funeral costs, lost income, and emotional suffering.

Understanding these claims is essential for bereaved families seeking closure and justice. It is also vital for holding responsible parties accountable and preventing similar tragedies in the future.

Relevant Indiana Laws for Negligent Death Cases

Indiana has specific laws governing wrongful death claims, particularly those related to fatal car accidents. It’s important to understand these laws to effectively pursue a claim. In this section, we will provide an overview of Indiana’s laws regarding wrongful death, including who can file, the statute of limitations, and potential damages.

The Right to File

In Indiana, the right to file a wrongful death claim typically rests with the private representative of the deceased individual’s estate. This representative could be a spouse, parent, child, or another close relative. The law prioritizes immediate family members to ensure that those most affected by the loss can seek justice.

Statute of Limitations

The statute of limitations sets a deadline for filing a fatal car accident claim. In Indiana, the time frame is generally two years from the date of death, although the time limits are substantially less involving governmental entities. Missing this deadline can result in the loss of the right to pursue legal action, making it crucial to act promptly and seek legal counsel as soon as possible.

Potential Damages

Wrongful death claims can result in various types of damages. These may include compensation for medical and funeral expenses, lost wages and benefits, loss of companionship, and mental anguish. Understanding the potential damages can help families grasp the financial implications and the importance of seeking fair compensation.

Steps to Filing a Wrongful Death Claim After a Deadly Car Accident

Filing a wrongful death claim involves several critical steps. Each step requires careful attention and professional guidance to ensure a proper case. In this section, we will outline the necessary steps to take when filing a claim in Indiana, including gathering evidence, hiring an attorney, and the actual filing process.

Gathering Evidence

The first step in filing a wrongful death claim is gathering evidence to support your case. This includes obtaining police reports, medical records, witness statements, and any other relevant documentation. Photographs of the accident scene and the vehicle involved can also be powerful pieces of evidence. An attorney is invaluable in helping to obtain this evidence.

Hiring an Attorney

Navigating the legal landscape of wrongful death claims is overwhelming. Hiring a skilled wrongful death lawyer is essential. An experienced attorney can help you understand your rights, gather the necessary evidence, and document a strong case. They will also handle all legal procedures, allowing you to focus on healing and supporting your family.

The Filing Process

Once you have gathered evidence and hired a civil litigator, the next step is filing the claim. Your attorney will draft and file the necessary legal documents with the court. They will also represent you in court proceedings, negotiations, and settlements. The goal is to secure fair compensation for your loss and hold the responsible party accountable.

Supporting Families During the Legal Process

Losing a loved one is emotionally and financially draining. The legal process can add to this burden. However, there are resources and support systems available to help bereaved families cope during this difficult time. In this section, we will discuss the emotional and financial support available to families during the legal proceedings.

Emotional Support

Grieving families often need emotional support to help them cope with their loss. Counseling services, support groups, and therapy can provide much-needed comfort and guidance. Many communities offer support groups specifically for those who have lost loved ones in accidents, providing a space to share experiences and find solace.

Financial Support

The financial impact of losing a loved one can be significant. In addition to seeking compensation through a wrongful death claim, families may be eligible for other forms of financial assistance. This could include life insurance benefits, social security survivor benefits, and community-based financial aid programs.

Legal Assistance

Navigating the legal process is daunting, especially while grieving. Hiring a wrongful death attorney in Indianapolis is a critical resource that can help take time to heal as you succeed in your case. They operate on contingency, which means you don’t pay lawyer fees unless they recover a settlement for you. This payment arrangements ensure that every family has access to justice, regardless of their financial situation.

Conclusion

Filing a wrongful death claim after a deadly car wreck in Indiana is a complex but necessary step towards seeking justice and compensation. Understanding Indiana’s laws, gathering evidence, hiring an attorney, and seeking emotional and financial support are all critical components of this process.

If you believe you have a wrongful death case, it is essential to act promptly. Reach out to a wrongful death attorney to discuss your situation and explore your options. By taking these steps, you can honor your loved one’s memory and seek the justice both you and they deserve.

If you are a bereaved family member or spouse that has been harmed by the loss of your loved one in a negligent car crash, we are here to support you every step of the way. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced wrongful death car accident attorney in Indianapolis, Indiana. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

Can You Sue for Emotional and Psychological Damages? Everything You Need to Know

Posted on June 18, 2024 by admin

Have you or someone you know suffered from emotional or psychological trauma due to an accident or incident? Understanding your rights and the legal avenues available can be crucial for your well-being.

This blog post aims to explore the process of suing for emotional and psychological damages, a topic that’s increasingly relevant in personal injury law. We’ll discuss what these damages entail, who can be held liable, and the steps involved in proving and preparing your case. By the end, you’ll have a clearer understanding of your rights and the legal options available to you.

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The Basis of Emotional and Psychological Damages

Types of Emotional and Psychological Injuries

When we talk about emotional and psychological damages, we’re referring to the mental and emotional distress that may result from a traumatic event. These can include depression, anxiety, post-traumatic stress disorder (PTSD), and other forms of psychological suffering. Unlike physical injuries, emotional and psychological damages are often invisible but can be equally devastating.

The Impact on the Individual’s Life

The impact of these damages can be far-reaching. They may affect your ability to work, maintain relationships, and even perform daily activities. Understanding the full scope of these injuries is essential for both the victim and their legal representation, as it forms the basis for any compensation claims.

Determining Liability in a Personal Injury Case

Who Can Be Held Responsible?

In personal injury cases, determining who can be held responsible for emotional and psychological damages is a critical step. Liability typically falls on the party whose negligence or intentional actions caused the harm. This could be an individual, a company, or even a government entity. Their insurance companies would be responsible for paying any judgement against them up to their policy limits.

Legal Framework

The legal framework surrounding emotional and psychological damages can be complex. Different jurisdictions have varying standards for proving liability, which makes it essential to consult with a knowledgeable personal injury attorney.

Proving Personal Injury Damages

Legal and Practical Considerations

Proving emotional and psychological damages in court requires a well-thought-out strategy. Unlike physical injuries, these damages are not visible, making them harder to quantify. However, they are no less real. Understanding the legal and practical considerations involved is crucial for a successful case.

Importance of Evidence and Expert Testimony

Evidence is the backbone of any legal case, and emotional and psychological injury lawsuits are no exception. Medical records, therapy notes, and medical reports can serve as vital pieces of evidence. Expert testimony from psychologists or psychiatrists also provide a professional assessment of your condition, which is necessary for your case. Expert testimony is required in all emotional and psychological injury lawsuits.

Preparing for a Personal Injury Lawsuit

Steps to Take

If you’re considering suing for emotional and psychological damages, the first step is to consult with a personal injury lawyer. They can guide you through the legal intricacies and help you document a strong case. Gathering evidence, documenting your experiences, and obtaining medical evaluations are crucial steps in this process.

The Role of Legal Representation

Having competent legal representation can make a significant difference in the outcome of your case. A skilled personal injury attorney will not only help you gather evidence but also present it compellingly in court. They will also negotiate with insurance companies and opposing counsel to ensure you receive the compensation you deserve.

Frequently Asked Questions

Can I Sue for Emotional Damages Without Physical Injury?

Yes, it is possible to sue for emotional and psychological damages even if you haven’t sustained a physical injury. However, proving such cases can be more challenging, requiring robust evidence and expert testimony.

What Kind of Compensation Can I Expect?

Compensation for emotional and psychological damages can vary widely. It may cover medical expenses, lost wages, pain and suffering and even punitive damages in cases of gross negligence or intentional harm. Consulting with a personal injury lawyer will give you a better idea of what to expect.

How Long Does the Lawsuit Process Take?

The duration of a lawsuit for emotional and psychological damages can vary depending on the complexity of the case and the jurisdiction. On average, these cases can take several months to a year or two to resolve.

KEY TAKEAWAYS

Suing for emotional and psychological damages is a complex but crucial avenue for victims seeking justice and compensation. Understanding what these damages entail, who can be held liable, and the steps involved in proving and preparing your case can make a significant difference in the outcome. If you believe you have a valid claim, consult with a personal injury lawyer to explore your options. Don’t suffer in silence—take action today to protect your rights and secure the compensation you deserve.

For tailored legal guidance on your case, feel free to reach out to our Indianapolis law firm. Contact the seasoned Indiana personal injury attorneys at Craven, Hoover & Blazek, P.C. to schedule a free case evaluation, today. Don’t hesitate – time might run out on your claim. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

Navigating Workers’ Compensation Claims: Tips from Experienced Lawyers

Posted on June 11, 2024 by admin

Navigating the complexities of workers’ compensation claims can be overwhelming, particularly when you’re dealing with an injury. Understanding your rights and ensuring you receive the benefits you’re entitled to is crucial. This guide provides actionable tips from experienced lawyers to help you successfully handle your workers’ compensation claim.

Call 317-881-2700 to File a Worker Compensation Claim in Indianapolis

What is Workers’ Compensation?

Workers’ compensation is a form of insurance providing wage replacement, medical benefits and some compensation for permanent injuries to employees injured in the course of employment. However, the process involved in claiming these benefits can be daunting. Seeking legal advice is often necessary to ensure your rights are protected and that you receive the maximum benefits possible.

Understanding Workers’ Comp Benefits

Workers’ compensation covers a variety of injuries and incidents that occur in the workplace. It typically includes medical expenses, rehabilitation costs, and a portion of lost wages. Eligibility for workers’ compensation varies by state, but generally, any employee injured on the job is covered.

Common Misconceptions About Workplace Injury Claims

One prevalent misconception is that worker compensation only applies to severe injuries. In reality, it covers a wide range of conditions, including repetitive strain injuries and occupational illnesses. Another myth is that filing a claim could result in job loss, but it is illegal for employers to retaliate against employees for claiming their rightful benefits.

Important Steps to Take After an Injury at Work

Experiencing an injury at work can be disorienting. Here are critical steps to take immediately after an incident to protect your rights:

Seek Medical Attention: Your health is the priority. Visit a healthcare provider immediately to document your injuries and receive appropriate treatment.
Report the Injury: Immediately notify your employer about the incident. Most states have strict deadlines for reporting workplace injuries, and missing these deadlines could jeopardize your claim. In Indiana, employers are allowed to control who you can seek medical attention from, in most circumstances, and claims can be denied if the employer is not provided the opportunity to direct who you seek medical care from. If the needed care is not provided you can go to a doctor of your choosing. Learn what to do if your boss refuses to report your workplace injury.

The Workers’ Compensation Claim Process

Filing a workers’ compensation claim involves several steps and requires thorough documentation. First, it is important to report the injury or illness to your employer as soon as possible. Next, seek medical attention and ensure that all your medical records accurately reflect the nature and extent of your injury. You will then need to complete and submit the necessary claim forms, providing detailed information about the incident and any medical treatments received. Throughout the process, keep copies of all documentation and follow up regularly to check the status of your claim.

Key Elements of Filing a Claim:

Submit the Claim: Your employer should provide you with the necessary forms to file a claim with the workers’ compensation board. Ensure all sections are completed accurately. An attorney can assist you with this as well.
Medical Evidence: Provide comprehensive medical evidence detailing the extent of your injuries and the required treatment. Ongoing evaluations may be necessary to support your claim.

The Importance of Legal Representation

Hiring a workers’ compensation attorney can significantly impact the outcome of your claim. Here are some reasons you should consider hiring legal support:

Complicated Claims: If your claim is complex or if you encounter resistance from your employer or insurance company, consulting a workplace injury lawyer is advisable.
Maximizing Benefits: An attorney can help ensure you receive all benefits you’re entitled to, including compensation for long-term or permanent disabilities.

Tips from Experienced Workers’ Compensation Lawyers

Here are some expert tips to help you communicate effectively and maximize your benefits:

Communication Strategies

Be Honest and Detailed: When speaking with your employer, the worker compensation insurance company and your attorney, provide honest and detailed accounts of your injury and its impact on your ability to work.
Document Everything: Keep meticulous records of all communications, medical treatments, and any expenses related to your injury. An attorney can assist you with this as well.

Maximizing Benefits

Follow Medical Advice: Adhering to your doctor’s recommendations can prevent disputes over the necessity and extent of your treatment.
Stay Informed: Educate yourself about your rights and the workers’ compensation process to avoid common pitfalls. An attorney can assist you with this as well.

Conclusion

Navigating a workers’ compensation claim can be challenging, but understanding the process and seeking expert legal advice can make a significant difference. If you or a loved one are dealing with a workplace injury, don’t hesitate to seek professional guidance. Remember, the goal is to ensure you receive the benefits you deserve while focusing on recovery.

For more personalized assistance, consider the Law Office of Craven, Hoover, and Blazek P.C. We’re here to help you through every step of your workers’ compensation claim. Contact us today at 317-881-2700 to schedule a no-fee consultation with one of our experienced workers’ compensation attorneys in Indianapolis, Indiana. No need to travel if you are unable to, as we can hold meetings over the phone, via ZOOM, or at the hospital if necessary.

Understanding Future Damages: A Guidebook for Indiana Personal Injury Victims

Posted on June 7, 2024 by admin

Personal injury cases in Indiana can be complex and challenging, especially when it comes to understanding future damages. These damages can significantly impact the compensation you receive and your ability to manage long-term medical and financial needs. This guide aims to shed light on the concept of future damages, how they are calculated, and what Indiana residents need to know to ensure fair compensation.

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Exploring Future Damages

When you’re injured in an accident, the immediate medical bills and lost wages are just the beginning. Future damages encompass a broader scope, considering ongoing and future needs resulting from the injury. Here’s a detailed look at the primary components:

Medical Expenses

Future medical expenses can include ongoing treatments, surgeries, rehabilitation, and even long-term care. It’s essential to account for these costs to ensure you have the financial resources needed for a full recovery.

Lost Earning Capacity

If your injury affects your ability to work and earn a living, you may be entitled to compensation for lost earning capacity. This calculation considers your potential future earnings had the injury not occurred, adjusting for factors like age, occupation, and skill level.

Pain and Suffering

Pain and suffering refer to the physical and emotional distress caused by an injury. This can be more challenging to quantify but is a critical component of future damages. It includes chronic pain, permanent disability, mental anguish, and loss of enjoyment of life.

Calculating Future Damages

Determining future damages requires a thorough assessment of various factors. Here are some common methods and considerations:

☑ Life Care Plans – A life care plan outlines the projected medical and personal care needs of the injured person over their lifetime. This plan is usually created by medical and financial experts and forms a basis for calculating future medical expenses.

☑ Vocational Assessments – Vocational experts evaluate how an injury impacts an individual’s ability to work. They consider retraining possibilities, job market conditions, and the injured person’s physical and cognitive abilities to estimate lost earning capacity.

☑ Economic Forecasting – Economic experts use statistical and financial models to project future economic losses. This includes inflation rates, wage growth, and other economic indicators that could affect future earnings and costs.

Example:

Consider John, a construction worker who suffered a severe back injury. He can no longer perform physically demanding tasks and requires ongoing physical therapy. By employing life care plans, vocational assessments, and economic forecasting, John’s legal team can accurately estimate his future damages, ensuring he receives fair compensation.

Legal Considerations in Indiana

Indiana has specific laws and regulations that impact future damages in personal injury cases. Being aware of these can make a significant difference in your claim:

Statute of Limitations

In Indiana, the statute of limitations for personal injury claims is generally two years from the date of the injury. It’s crucial to file your claim within this period to avoid losing your right to compensation.

Comparative Fault Rule

Indiana adheres to a modified comparative fault system. So, if you are partly to blame for the accident, your settlement will be decreased by your specific percentage of fault. If you are found to be 51% or more at fault, you cannot recover any damages.

Caps on Damages

Indiana does not cap economic damages like medical expenses and lost earnings in non-medical malpractice cases. However, other states might impose compensation caps on such damages.

Tips for Maximizing Future Damages

To ensure you receive fair compensation for future damages, consider the following tips:

Document Everything: Keep thorough records of all medical treatments, expenses, and any correspondence related to your injury. This documentation is crucial for supporting your claim.
Seek Expert Opinions: Engage medical, vocational, and economic experts to provide detailed assessments and reports on your future needs and losses. Their expertise can significantly strengthen your case.
Follow Medical Advice: Adhering to your prescribed treatment plan not only aids in your recovery but also demonstrates your commitment to getting better, which can positively influence your claim.
Consult with a Personal Injury Attorney: Navigating the complexities of personal injury law and future damages can be daunting. A skilled accident lawyer can provide invaluable guidance, ensuring you understand your rights and receive the compensation you deserve.

KEY TAKEAWAYS

Understanding and accurately calculating future damages is essential for any personal injury victim in Indiana. These damages can profoundly impact your financial stability and quality of life. By following the steps outlined in this guide and seeking professional advice, you can ensure you receive fair and just compensation.

If you have any questions or need assistance with your personal injury claim, don’t hesitate to contact our law firm. We’re here to help you navigate the legal landscape and secure the compensation you’re entitled to.

For personalized advice and a thorough assessment of your case, book a consultation with our experienced civil litigators, today. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned personal injury attorney in Indianapolis, Indiana. We represent victims and claimants all throughout the state, plus Indiana residents injured in other states.

Navigating the Legal Maze: Hiring a Medical Malpractice Lawyer in Indiana

Posted on June 4, 2024 by admin

Medical malpractice is a serious issue that can profoundly affect the lives of victims and their families. In Indiana, where medical errors are an unfortunate reality, understanding the complexities of medical malpractice and knowing how to find the right legal assistance is crucial. Whether you’ve been a victim of a misdiagnosis, unnecessary surgery, or physician negligence, this guide aims to provide Indiana residents and malpractice victims with the essential information they need to seek justice and compensation.

Call 317-881-2700 When You Need a Seasoned Medical Malpractice Lawyer in Indiana

Key Elements of a Medical Malpractice Case

Medical malpractice occurs when a healthcare professional’s negligence leads to patient harm. To qualify as malpractice, the case must meet certain criteria:

Duty of Care: The healthcare provider owed a duty of care to the patient.
Breach of Duty: The provider breached this duty by acting against the standards of the medical community.
Causation: The breach caused the patient’s injury or harm.
Damages: The patient suffered quantifiable harm as a result.

Indiana’s Specific Laws and Regulations

Indiana has specific laws governing medical malpractice cases, making it essential for victims to familiarize themselves with these regulations:

Statute of Limitations: In Indiana, victims have two years from the date of the malpractice incident to file a claim. Certain exceptions apply, such as cases involving minors or mental incapacitation.
Damage Caps: Indiana places a cap on the amount of damages that can be awarded in medical malpractice cases. As of mid 2019, the maximum amount recoverable is $1.8 million.
Medical Review Panel: Before filing a lawsuit, claims must be reviewed by a medical review panel consisting of healthcare professionals who assess the validity of the claim.

The Importance of Hiring a Seasoned Personal Injury Attorney

Hiring a skilled personal injury attorney who has experience with medical malpractice claims in Indiana can significantly impact the outcome of your case. Here’s why:

Expertise and Knowledge: Seasoned lawyers understand the intricacies of medical malpractice laws and can navigate the legal system effectively.
Access to Resources: Experienced attorneys have access to medical experts and investigators who can provide crucial insights and testimony.
Negotiation Skills: Litigators skilled in malpractice cases can negotiate better settlements, ensuring you receive fair compensation.

What a Medical Malpractice Attorney Will Do

Medical malpractice cases are notoriously complex. An experienced attorney can:

Evaluate Your Case: Determine the viability of your claim during an initial consultation.
Gather Evidence: Collect medical records, expert testimonies, and other vital evidence.
Represent You in Court: Advocate on your behalf in legal proceedings and settlement negotiations.

How to Choose the Right Lawyer

Choosing the right medical malpractice lawyer is crucial for the success of your case. Consider the following factors:

Experience: Look for a lawyer with a proven track record in medical malpractice cases.
Reputation: Research reviews, testimonials, and past client experiences.
Communication: Ensure the lawyer is accessible and communicates clearly.
Fee Structure: Understand the lawyer’s fee arrangement.

The Importance of an Initial Consultation

Initial consultations are an invaluable step in the selection process:

Assess Compatibility: Determine if the lawyer’s communication style and approach align with your needs.
Understand Legal Strategy: Gain insights into how the lawyer plans to handle your case.
Clarify Costs: Discuss potential costs and fee structures upfront to avoid surprises later.

Overview of Legal Procedures for Medical Malpractice Cases

Medical malpractice cases in Indiana follow a structured legal process:

Filing a Complaint: Initiate the process by filing a complaint with the court.
Medical Review Panel: Submit your claim to a medical review panel for evaluation.
Discovery Phase: Both parties exchange evidence and information.
Settlement Negotiations: Attempt to reach a settlement before going to trial.
Trial: If a settlement isn’t reached, the case proceeds to trial where a judge or jury will determine the outcome.

Recommended Next Steps for Victims of Malpractice

If you believe you’re a victim of medical malpractice, take these steps:

Document Everything: Keep detailed records of medical treatments, communications, and any resulting issues.
Seek a Second Opinion: Consult with another medical professional to assess your condition and validate your concerns.
Consult a Lawyer Immediately: Schedule a consultation with an experienced medical malpractice attorney to evaluate your case.

In Summary

Medical malpractice can have devastating effects on victims and their families. Understanding Indiana’s specific laws and regulations, the importance of hiring a seasoned attorney, and the legal process can empower you to seek justice. By understanding the complexities of medical malpractice and knowing how to navigate the legal landscape, you can turn a challenging situation into a path towards recovery and justice.

If you or a loved one believes they’ve been a victim of medical malpractice, don’t hesitate to seek legal advice. Contact our experienced Indianapolis medical malpractice lawyers for a free initial consultation and take the first step towards securing the compensation you deserve. Call now before time runs out on your claim. Unable to travel? No problem – we can hold meetings over the phone or via ZOOM. We can also make trips to your place of in-patient medical care.