What are Economic Damages in a Personal Injury Case?

Posted on August 24, 2021 by admin

The primary purpose of filing a personal injury claim is to pursue and recover financial compensation from an at-fault party for a victim’s damages. When a settlement or verdict is obtained, the at-fault party’s insurance company pays the verdict or settlement. This is intended to put the victim back into the position they were in before the accident, or to make them whole once again, including a monetary amount for the pain and suffering the injured person endured.

But we all know this isn’t always possible. For injured persons, damages are more than just financial, and a victim can never be the same after a serious accident. Therefore, several types of damages exist in accident law and are awarded in successful personal injury cases. But many people are confused about what the term damages represents in personal injury tort law.

Continue reading to learn what damages are in relation to accident lawsuits, and the difference between economic and non-economic damages.

Personal Injury Damages and Losses

Damages that result from a personal injury caused by a negligent party are generally losses. These losses can be financial, emotional, physical, and mental. Depending on the types of losses experienced following a personal injury, damages can be economic, non-economic, punitive, or a combination of all three. There are also damages known as nominal damages, which are small sums of compensation that are awarded to acknowledge that a victim, although not seriously injured or subject to substantial financial losses, was still violated in terms of their rights.

Facts About Economic Damages

Economic damages, also known as compensatory damages or general damages, are the calculable financial losses that can be defined by an actual dollar amount and redeemed through financial compensation. Economic damages include hospital bills (i.e., hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e., physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses’ death (i.e., insurance, veteran benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

Facts About Non-Economic Damages

Non-economic damages are more difficult to assign a dollar amount to because they are not direct and tangible monetary losses, like medical bills and lost wages. Instead, they are damages awarded for emotional or mental losses and tribulations. Examples of non-economic losses include pain and suffering damages, mental anguish or illness (i.e., depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

Understanding Punitive Damages

For very malicious or egregious acts, a judge or jury might also award punitive damages depending on the circumstances of a case. These are different from economic and non-economic damages because they are not intended to put a victim back into the same position they were in before an injury or accident, at least as much as possible. Although punitive damages are still paid in part to the plaintiff, they are meant to be more of a punishment for the at-fault party. They are intended to set a public example and double as a deterrent for the type of gross negligence involved in the case.

Are you ready to speak with a licensed injury attorney about obtaining compensation following your wrongful accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. Act now before evidence is lost and time runs out on your claim. We represent clients all throughout the state.

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Common Damages Awarded for Traumatic Brain Injury Accidents
The Most Common Types of Damages Awarded in Personal Injury Lawsuits
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Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Facts About Indiana Wrongful Death Court Procedures

Posted on August 17, 2021 by admin

Here in the Hoosier State, when a person or entity’s (store, manufacturer, company, etc.) negligence causes someone to lose their life, relatives or legal representatives of the victim may have grounds to bring about a wrongful death claim against the negligent party. For example, if a child wanders off and drowns in a nearby pond while under the supervision of a daycare agency, the parents or guardians of the child may file a wrongful death claim against the daycare provider.

Continue below to learn more about Indiana wrongful death court procedures and how to get started on your personal injury claim today.

Wrongful Death Lawyers Indianapolis IN 317-881-2700

Wrongful Death Cases in Indiana

When a person is wrongfully killed in an accident, nothing can take away the pain and suffering of those closest to the victim. But by obtaining a settlement in the form of compensation, it can make the grieving process easier and help families get their life back to a new normal. Indiana tort law allows a wrongful death victim’s family to seek compensation for damages and losses like medical expenses, hospital bills, lost wages from missing work, pain and suffering, loss of consorti u m, emotional trauma, and more. It is important to consult with a seasoned Indiana personal injury lawyer to learn more about pursuing a wrongful death claim on behalf of your loved one.

Who Can File a Wrongful Death Claim?

Those who may serve as the plaintiff in an Indiana wrongful death claim include parents, legal guardians, next of kin, legal representatives of the deceased, or the estate of the deceased. Claims for the wrongful deaths of children can only be brought about by parents or legal guardians. If a wrongful death victim had many beneficiaries, the Indiana courts will adjudicate the division of the any awarded settlement or verdict. Contact an Indianapolis accident lawyer to better understand your eligibility or rights to recovering compensation through an Indiana wrongful death claim.

Learn More Now Before Time Runs Out

Indiana sets a strict statute of limitations of 2 years on wrongful death personal injury claims. For this reason, it is vital to consult with an experienced wrongful death lawyer as soon as possible, before evidence is lost, and time runs out on your claim. If you do not file a claim within the State’s allotted 2-year time period, you forever lose all opportunity to do so, even if there is still an ongoing criminal case regarding the accident that led to the wrongful death.

If you or a loved one has lost someone as a result of another’s negligence, act now to obtain justice for them. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a compassionate wrongful death lawyer in Indianapolis, Indiana. We represent people involving the unlawful death of a loved one in Indiana and for Hoosiers injured in other states.

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Is There Still Time to File My Indiana Personal Injury Claim?
What are Future Damages in a Wrongful Death Case?
Common Types of Wrongful Death Lawsuits

Frequently Asked Questions About Indiana Electric Bike Laws

Posted on August 13, 2021 by admin

Electric bicycles, or “eBikes”, have become an increasingly popular pastime for people of all ages, all around the world. Many cities offer electric bike rentals and electric bike tours, but if you want one for yourself, eBikes can be purchased at a local bike shop or sporting goods store, or through an online retailer.

Although they come with a hefty price tag, those who own or have ridden one are likely to testify to their value. But as fun as electric bikes may be, it is important to recognize that they are also motorized, which means they can pose serious injuries in the case of an accident. So, before you purchase or rent an electric bike in Indiana, it is encouraged to educate yourself on the local eBike laws.

Start by reviewing these frequently asked questions about Indiana electric bike laws, and what to do if you are seriously injured on one because of another’s negligence or eBike defect.

Electric Bike Accident Lawyers Indiana 317-881-2700

Electric Bicycle FAQS

What is an Electric Bike?

Here in Indiana, an electric bike is any bicycle that is assisted by an electric motor, 750w or less. There are 3 classifications of electric bicycles in our state, class I, class II, and class III electric bikes.

Class 1 electric bicycles come with a pedal-assist feature but are also equipped with a motor that switches off when the bicycle reaches 20 miles an hour.

Class II electric bicycles do not come with a pedal-assist. Instead, they are equipped with a motor that fully propels the bike but switches off when the bicycle achieves 20 miles an hour.

Class III electric bicycles have motors that only turn on when the rider peddles. The motor turns off when the rider stops peddling or if the bike achieves 28 miles an hour.

Does a Person Require a License or Permit to Operate Electric Bicycle?

In Indiana, there is no licensing or permit required to legally operate electric bicycle regardless of class. There are also no registration requirements if you choose to purchase an electric bicycle.

Does Indiana Set Any Restrictions on Motor Power or Throttle?

As mentioned, Indiana defines an electric bike as any bicycle that is assisted by an electric motor of 750w or less. For all electric bicycles, mopeds, and scooters, motor power and throttle must be below 750w.

Does Indiana Set Any Age Restrictions on Operating an eBike?

Here in Indiana, to legally operate a Class III electric bicycle you must be at least 15 years old. Anyone under the age of 15 is allowed to ride as a passenger, so long as the electric bicycle is designed to accommodate a passenger.

Does Indiana Have Any Helmet Laws Regarding eBikes?

Yes, anyone under the age of 18 years old is required by law to wear a helmet when riding on an electric-powered bicycle.

Can I Ride an Electric Bicycle on the Street in Indiana?

In Indiana, electric bicycles are legally permitted to be ridden on any street or roadway so long as there are not any signs restricting bicycle use in a particular area. The same regulation applies to trails and pathways in state and local parks.

Can I Recover Damages After Being Injured on an Electric Bicycle?

If you are injured while riding electric bicycle, it is important to seek medical attention right away and document all treatments and diagnoses. Obtain witness names and phone numbers and take photographs and always call the police so they can document the incident as well. Then contact an Indiana personal injury lawyer to learn your rights for pursuing legal action against a negligent bike rental company, a negligent driver or manufacturer. If your injuries were a result of an eBike manufacturing defect, negligent eBike tour guide, another eBike rider, or a car, you may be entitled to compensation for your medical expenses, hospital bills, lost wages, and more.

Were you wrongly injured on a bicycle in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis personal injury lawyer. We represent clients throughout the State of Indiana.

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Are Bicyclists Considered Drivers if They Ride on the Street?
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Why Should Employees Injured in Work-Related Car Accidents Hire a Lawyer?

Posted on August 10, 2021 by admin

In last week’s blog, we discussed some of the most frequently asked questions about work-related car accidents, including various facts about workers’ compensation benefits, third-party claims, and hiring a car accident lawyer to represent injured people in such cases. In today’s blog, continue reading to learn how a skilled and experienced personal injury lawyer can protect wrongfully injured car accident victims by recovering the full and fair compensation they deserve for their damages and losses.

Company Car Accident Lawyers Indianapolis 317-881-2700

Work-Related Car Accident Injuries and Claims

There are several reasons why an injured employee who is hurt and work-related car accident should hire personal injury lawyer. Here are some scenarios to demonstrate the importance of retaining proper legal representation after being injured in a car accident while performing work-related duties:

Employers or their insurance carriers may try to establish that an employee’s car accident wasn’t work-related and attempt to reject their workers’ compensation claim. If this were to happen, an employee would need a skilled litigator to fight for their rights to compensation by proving their case.

In the case that an employee’s workers’ compensation claim is approved, the employer’s insurance company may try to reduce the benefits of the claim or change the benefits in a way that negatively impacts the employee. For instance, the employer’s insurance company can have the worker compensation doctor the insurance carrier chose issue an opinion that an employee has reached maximum medical improvement and require them to return to work before they are actually capable; or the doctor chosen by the worker compensation carrier may issue a lower permanent partial impairment rating than should be issued. It is very important to understand that in most work-related automobile collisions, it is the worker compensation carrier and not the patient who chooses who the treating doctor is.

Numerous work-related car accidents involve third parties who may also be held accountable for any damages and losses suffered by an injured employee. Third-party claims are not handled by an employee’s insurance company or employer. An employee would be responsible for hiring their own lawyer to pursue any third party claims and they absolutely should.

An experienced personal injury lawyer is an injured victim’s best chance at obtaining the most successful outcome possible in a car accident claim. Indiana civil litigators are well-versed in tort law and may be able to find other types of settlements to pursue outside of workers’ compensation.

Hiring a personal injury lawyer after being injured in a work-related car accident makes the entire legal process easier for victims. Lawyers will handle and navigate every element of your case so that you can focus solely on getting better.

Hire a Workers’ Compensation/Third-Party Liability Lawyer FAST

It is very common for injured workers to lose out on their possible benefits a because they do not hire an Indianapolis IN workers’ compensation lawyer fast enough. In order to have a successful recovery, employees who are injured in a work-related car accident must get their investigation started early; before evidence is lost that supports their claim. Not only can witnesses forget details and paperwork and get lost in the shuffle, but all states have a set period in which a wrongfully injured victim can pursue legal action against an at-fault party known as the statute of limitations.

Are you ready to speak with an expert workers’ compensation and third party liability lawyer who can begin investigating your claim right away? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a skilled Indiana workplace injury lawyer as soon as possible. We represent injured victims throughout the state of Indiana and Indiana residents injured in other states.

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Standard Workers’ Compensation Benefits You Can Expect

FAQS About Work Related Car Accidents

Posted on August 6, 2021 by admin

In today’s workforce, many employees are required to drive as a part of their job-related duties. When an employee is involved in a car accident, whether in their personal car or in a company car, so long as they were performing work-related duties, workers’ compensation usually pays for all of their medical expenses and the majority of their lost wages from missing work. But after being in a car accident, injured victims suffer more damages than just medical expenses and lost wages. In such cases, they may be eligible to pursue in accident claim against third parties responsible for any damages resulting from their car accident injuries.

There’s a lot to know about work-related car accidents, workers’ compensation benefits, and third-party claims, but fortunately you don’t have to bother with any of this. As soon as you are capable, speak with a licensed Indianapolis personal injury lawyer to learn the best course of action for your car or trucking accident claim in Indiana.

In the meantime, continue reading to review some frequently asked questions about work-related car and trucking accidents to get a better understanding of what type of legal process you may experience ahead of you.

Indianapolis Indiana Car Accident Lawyer 317-881-2700

What is Considered a Work-Related Car Accident?

A work-related car accident is when an employee who is performing work duties is involved in a car or trucking wreck or collision. The accident does not have to be with another vehicle; it can be just the employee. The most common types of work-related car accidents happen to those whose primary role is driving, such as delivery drivers, commercial truck drivers, bus drivers, and similar commuting-based vocations.

What are Some Other Types of Work-Related Car Accidents That May Be Covered Under Workers’ Compensation?

In addition to those whose primary role within the company is to drive, there are other types of work-related car accidents that can take place. Car accidents happen in an employer’s parking lot may be covered under workers compensation, as well as employees who are driving from one company location or job site to another for the purpose of a job shift change. Also, workers compensation may cover car accidents that occur to employees who are driving to or from a mandatory company meeting or event, such as a training program or conference.

What are Some Examples of Car Accidents That Would Not Be Considered Work-Related, and Therefore Not Covered by Workers’ Compensation?

Not all car accidents are considered work-related even though they may appear to be. In such a case, employees would not be eligible for workers’ compensation benefits. For instance, if an employee is involved in a car accident on their way to work or on their way home from work, their accident would not be considered work-related. Although every case is fact sensitive so it should be investigated.

Another example would be if an employee was in a car accident after a company social event, like a holiday party or charity fundraiser. Since the event is not mandatory, and employees are not compensated for their attendance, a car accident that takes place before or after the event might not be considered work-related.

What Should I Do if I Am injured in a Work-Related Car Accident?

As soon as you are involved in a car accident, whether it is work-related or not, your priority should be medical treatment. Contact the police and the paramedics to ensure that you and anyone else involved in the accident are seen by EMTs. Next, you want to start documenting the scene of the accident. So, be sure that you have the police there to file a police report, get a copy of the police report, and continue to document any other pieces of evidence via video or photos.

Take pictures and videos of the cars involved in the car accident, the nearby intersection, the streetlights, the surrounding environmental terrain, and anything else that could be used as evidence to support your car accident claim. It is helpful to also ask onlookers or witnesses for their contact information in the case that they can provide witness testimony later.

✨ Stay tuned for next week’s blog in which we’ll discuss why injured employees need to hire a personal injury lawyer after being involved in a work-related car accident.

Are you looking for a skilled personal injury attorney who can help you with your car accident or workers compensation claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

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What To Do If You are Injured at Work
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FAQS About Having to Go Back to Work After a Workplace Injury

Injured from a Defective Surgically-Implanted Medical Device?

Posted on August 3, 2021 by admin

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

Product Liability Lawyers Indianapolis IN 317-881-2700 — Defective Product Lawyers Indianapolis IN 317-881-2700

Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability: design defects, manufacturing defects, and marketing defects.

► Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

► Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

► Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

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Product Recalls that Have Gone Down in History
Is Market Share Liability Still Used in Product Liability Cases?

Where Do I File a Personal Injury Complaint?

Posted on July 30, 2021 by admin

After being injured in an accident that was caused by another person’s recklessness or negligence, it is likely that you are thinking about pursing a lawsuit. But where you ultimately file your personal injury complaint will depend on certain factors, including the extent of your injuries and the scope of your losses, as well as the person or party you are suing and where your accident took place.

Continue reading to learn the difference between filing an accident lawsuit in Small Claims Court and State Court, and who to trust for reputable Indiana personal injury representation.

Indianapolis Civil Injury Lawyers 317-881-2700

Personal Injury Filings in Small Claims Court

Following an accident that left you with injuries, you would normally bring your personal injury claim against the at-fault party in Small Claims Court if the total amount of money you are asking as compensation for your damages and losses are on the lower side of the spectrum, or below the state’s s Small Claims Court maximum threshold. Small Claims Court limits are generally set by the state and differ among jurisdictions, but most states establish theirs between $3,000 and $15,000.

Here in Indiana, the limit for Small Claims Court lawsuits is generally $8,000. Starting on July 31, 2021, the limit will be raised to $10,000. If your personal injury damages are less than the state’s damage cap for Small Claims Court, you could file your personal injury complaint there, but with the help of your Indianapolis accident lawyer. You can expect Small Claims Court proceedings to turnover much faster, oftentimes being resolved after just one court hearing.

Filing a Personal Injury Complaint in State Court

Personal injury victim would file their complaint in a regular State Court if the amount of compensation they are asking for is above the state’s threshold for Small Claims Court; and you would do so in the designated branch of the state’s civil court system. In either case in filing a personal injury complaint, your first step is to contact a skilled and experienced Indiana personal injury lawyer who can navigate your accident claim every step of the way. With an injury attorney on your case, you don’t have to think about where or how to file a personal injury complaint in the first place.

Are you looking for a seasoned personal injury representation after being hurt in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a friendly and experienced Indianapolis accident la w yer. We serve clients throughout the state of Indiana.

You Should Also Read:

Is it Better to Settle an Accident Claim Out of Court in Indiana?
Is There Still Time to File My Indiana Personal Injury Claim?
Am I at Risk of Any Consequences if I File a Personal Injury Claim?

Facts About Premise Liability Policy For Small Business Owners

Posted on July 23, 2021 by admin

Slip and fall injuries can and do happen on the premises owned or controlled by business owners, small and big alike. All businesses should have general liability insurance and premise liability insurance for a commercial property and their business in general. Small and big employers and their employees are sometimes “negligent”, which basically means failing to use due care. If a business is negligent, they can and should be held liable for resulting injuries and damages to their patrons. If a business is found to be negligent by a judge or jury, their insurance carrier will pay for any verdict against the company.

Continue reading to learn about premise liability policy protection and who to call for pertinent advice and information about this topic and more.

Indianapolis IN Slip and Fall Lawyer 317-881-2700

General Liability Insurance for Small Businesses

Not only is it important to retain this kind of insurance, it is also important to obtain the right amount of coverage. Having enough coverage is necessary for proper protection for the business and to provide for full compensation for a patron injured as a result of negligence. An experienced insurance agent can provide accurate assessments for a business’s particular policy coverage needs although in general, the more coverage you have the better.

For such insurance policies, a business pays a monthly or quarterly premium for their insurance coverage. This premium promises an insurance defense attorney to fight their case, as well as a money reserve to cover any court-ordered retributions or remunerations awarded against them by a verdict or for funds to use to obtain a settlement. This is another reason supporting the importance of having enough liability coverage.

Premise Care and Maintenance

Businesses have a legal obligation to provide a safe premise for anyone invited or welcomed onto their property. It is important to properly inspect, maintain and care for their property, inside and out, so people are not injured. This means proper inspections, floor cleaning, repair, and maintenance, as well as routine snow shoveling and salting, pathway clearing, concrete repair, and much more. It would also includes reviewing and ensuring that the property meets all safety rules, codes and ordinances.

It is also their duty and legal obligation to supervise employees and staff within their business as businesses can only act through their owners, officers, agents and employees. If any of these persons were negligent and contributed to causing a person’s injuries, the business itself is held responsible under Indiana law. Thus, it is important to make sure all employees are fully aware of the importance of premises safety for any business.

Hire an Indianapolis Personal Injury Lawyer if You are Hurt in a Slip and Fall Accident

If you were recently injured in a slip and fall accident, contact a licensed Indianapolis slip and fall lawyer for professional legal advice and information. You may be entitled to legal compensation for your damages and losses.

Were you seriously injured in a slip and fall accident in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 317-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. We represent injured victims throughout the state of Indiana.

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Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents
What Causes the Most Slip and Fall Accidents?
What Physical Evidence Should I Keep for a Slip and Fall Claim?

Can I Recover a Settlement for Getting Beat Up?

Posted on July 20, 2021 by admin

Assault Lawyers Indianapolis Indiana 317-881-2700

When a person threatens violence towards another person, it is considered assault. If a person carries out acts of violence to intentionally hurt and injure another person, it is considered battery. Assault and battery cases are generally handled in criminal court, in which the guilty face penalties including trials, hearings, probation, fines, jail time, and more. But what about the victim?

Although criminal law effectively serves to partially punish the accused in such cases, it doesn’t necessarily address the needs of the victim. Therefore, many victims of assault are asking about their legal rights to compensation for losses they incurred because of their injuries. If you have been beat up or assaulted unfairly, you can bring a lawsuit. The real question is if it’s worth your time. Talk to a personal injury attorney to determine your eligibility for compensation as soon as possible before the statutes of limitations runs out.

How to Bring a Personal Injury Claim for Assault

If you are assaulted, the first step is to call the police. It is important to do this as soon as possible, whether from the scene of the accident, the hospital, or as soon as you get to a safe place. The police will bring along medical technicians and ambulances to ensure your health and injuries are properly managed. But if you are badly injured, call 911 first, and then the police.

Make a detailed police report and take several pictures of your injuries and the scene of the crime. If the attacker fled the scene, give law enforcement as much information about them as you can remember, including clothing, height, gender, hair color, car, and more. If you know who they are, give police everything you know about them, including contact information, residence, vehicle, employment information, and more. This will allow them to track down the accused quicker and bring them in to face charges.

The police report and medical record will be evidence towards your case against the accused. These files, coupled with the images of your injuries, records of doctor appointments and medical treatment, and eyewitness statements, will document a strong case against the guilty. Your next step is to contact a personal injury lawyer. They will assess the details of your accident and determine the best legal course to take. They work on a contingency-fee basis, meaning if they do not collect compensation for you, you do not pay at all. So, you do not have to worry if you can afford representation since there are no upfront fees.

Is it Worth It to Sue for Assault in Indiana?

As mentioned before, the real question about suing for assault is whether it’s worth it or not. For example, if your injuries are not very extensive, a judge/jury may hesitate to award you significant compensatory damages unless your accident and injuries directly caused you to incur medical costs and lose wages. A judge may, however, decide to award nominal damages to acknowledge that your rights were violated. In some cases, a judge/jury can decide to award punitive damages. It is important to discuss your rights with an experienced personal injury attorney to successfully pursue a lawsuit against a person that attacked you.

Are you ready to get started on your personal injury assault or battery claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney you can trust. Our law firm serves clients all throughout the state of Indiana.

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The Most Common Types of Damages Awarded in Personal Injury Lawsuits
What to Bring to a Personal Injury Consultation
Is My Personal Injury Case Criminal or Civil?

Deponent Tips for Personal Injury Depositions

Posted on July 16, 2021 by admin

As a personal injury victim or survivor, it is likely that you may be subjected to a personal injury deposition, therefore making you a deponent. A personal injury deposition is intended to provide a platform for attorneys to ask questions, seek answers, and document the case.

All parties deposed are done so under oath, which means there can be legal repercussions for deponents who are dishonest during their deposition session. If you have just received a Notice of Deposition, or already aware that you will soon be deposed, it is important to educate yourself on what to expect and how to conduct yourself.

Continue reading to learn what you need to know about preparing for your personal injury deposition, including some important tips that will help you be as successful as possible.

Personal Injury Lawyer Indianapolis IN 317-881-2700

How to Prepare For Your Personal Injury Deposition

The first thing you should do is meet with your attorney a few days prior to your deposition so you can review relevant documents in an attempt to help jog your memory to events that took place usually quite some time ago.

During your personal injury deposition, a court reporter will be recording the entire session. For this reason, it is important to focus closely on what you are going to say, and how you are going to approach every question. Anything you say at your deposition can be used later to challenge any inconsistencies in your testimony at trial.

Whether a plaintiff or defendant, a deponent can expect to be asked some basic questions. Such questions will likely be about their past medical history and personal injuries, their current employment, the specific event that gave rise to the lawsuit, who they’ve talked to about the case so far, there criminal history, their driving record, current physical status, and similar basic data that would be relevant to the case.

You can expect your deposition to take anywhere from 60 to 90 minutes, but in larger cases, it may take longer to reach completion. Arrive sometime before your session so that you may meet with your personal injury lawyer and discuss some important objectives before getting started. Be sure to dress in business casual attire, as if you are interviewing for a job or going to church.

Personal Injury Deposition Advice

► MAKE A GOOD FIRST IMPRESSION
As mentioned, it is important to dress accordingly for your personal injury deposition. Choose business casual attire, like something you would wear to a job interview or to your place of worship; and be well groomed.

► BE ARTICULATE
During your deposition session, it is important that you speak up, speak clearly, and enunciate your words well. Avoid using any slang or shortcut language, and oppositely, avoid using vocabulary that is too sophisticated or confusing. Be confident with your speech.

► CONDUCT YOURSELF AS A PROFESSIONAL
Just like planning your attire, it is important that you conduct yourself with the highest level of professionalism, as if you are at a job interview. Remember that a deposition is not a casual conversation, it is a question answer format. Keep your answers precise and efficient, and do not volunteer information that is not been asked of you. If the deposing attorney wants to know more on a topic, they will ask follow-up questions.

► DO NOT RUSH
Although it is important for you to be professional and speak up during your deposition session, it is equally important that you do not rush through it all. Be patient as you wait for the attorney to ask the question entirely, and then take your time thinking about what you want to say before you offer your answers.

► BE RESPECTFUL AND COURTEOUS
During your deposition, you will feel threatened or wrongly accused by the opposing attorney’s questions. No matter how you feel, maintain your composure and be as polite and respectful as possible. Avoid arguing with the attorney or using any sarcasm. This is very important during a personal injury deposition.

► DO NOT GUESS
You never want to play the guessing game in a personal injury deposition. If you don’t know the answer to something or cannot remember a certain detail, just say I do not recall. Your attorney does not want you guessing at your deposition because people get things wrong when they are guessing. As mentioned earlier, anything you say during your recorded session can be used later at your trial to challenge any inconsistencies the opposing attorney may have found. If the opposing attorney can get you to start guessing at answers to questions in a deposition, there will inevitably be inconsistencies because you are guessing.

Are you looking for personal injury help after being recently injured in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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