The 3 Elements of Proving a Defamation Lawsuits

Posted on April 24, 2020 by admin

Whether you are a victim of libel or slander, there are three particular truths that must exist in order to be successful with a defamation lawsuit. Continue reading to learn what your legal team must be able to prove for you to win your case.

Personal Injury Attorney Law Firm 317-881-2700

Defamation and Freedom of Speech

Defamation laws are in place to protect our reputations from false and injurious statements made by other people or entities. So, if a person or entity (such as business) is guilty of any type of defamation, whether slander, libel, or a combination of both, they can face serious legal consequences in civil court. Although one might argue our 1^st Amendment rights, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,” if there is clear and concise evidence that a statement damaged a another’s reputation, and therefore, caused them to suffer damages and losses, a court will likely side with the victim.

Difference Between Libelous and Slanderous Statements

According to the American Restatement of Torts, a statement can be considered defamatory if, “it tends so to harm the reputation of another as to lower them in the estimation of the community or to deter third persons from associating with him.” Slander is the spoken form of defamation, while libel is the written and published form of defamation.

For instance, defaming a person or business on a radio broadcast would be considered slander, while publishing a blog online with defamatory statements about a person or business would be considered libel. Read our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to learn more information about the differences between these two types of defamation.

Elements to Win a Defamation Case

As a victim of defamation, your hired legal team would hold the burden of proving that the defendant was guilty of libel or slander. In order to do so, your personal injury lawyers would need to demonstrate that 3 specific elements exist:

⚖ The defendant made an untrue and defamatory remark regarding the plaintiff.

⚖ The defendant made the remark to a 3^rd party, knowing (or should have known) that the remark was false.

⚖ The publisher demonstrated negligence by publishing the defamatory remarks.

Keep in mind that in some cases, the plaintiff legal team must also prove certain special damages in addition to the elements listed above. It is important to retain experienced personal injury representation if you or your business have been significantly affected by defamatory statements made by another.

Speak to a Trusted Defamation Attorney in Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent defamation experience. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Don’t Make These Common Mistakes With Your Personal Injury Claim

Posted on April 17, 2020 by admin

As a personal injury claimant, your most important responsibility is to follow the instructions of your representing attorney. That means ensuring you do not fall victim to some of the most common and damaging mistakes with your claim. Continue below to learn what these common personal injury claim mistakes are, and what you can do to protect yourself during the entirety of the legal process.

Common Accident Claim Mistakes to Avoid

If you have been involved in an accident in which you sustained injury, it is vital that all proper and necessary steps are taken to file a personal injury claim against the liable party. Unfortunately, doing this on your own can leave room for mistakes. If a mistake is made during the filing process, you can be denied compensation for your injuries. Here are the most common personal injury mistakes made among claimants:

Failure to Document the Accident Scene

It is understandable that many victims of personal injury fail to document the scene of the accident. A combination of shock, emotional trauma, and pain can interfere with a person’s intent to document the accident sight. It is highly recommended to take photos and video to record the happenings, locations, and other various circumstances surrounding the accident if you are physically able. In the case that a person is injured too severely, a legal representative can help track down ambulance and police records following an accident. Having these records and documentations is a great advantage for someone pursuing legal compensation for their injuries, medical bills, and time off work.

Failure to Seek Medical Attention

Another common mistake people make following a personal injury is failing to seek medical attention soon enough. Defense adjusters argue that a claimant is not as injured as they state they are if they did not seek immediate medical care, even though they are fully aware that it is very common for injuries to manifest day, weeks and even months following a collision. In emergency situations in which an injury occurs instantly, such as broken bones, 3^rd degree burns, or serious lacerations, it is common to go to the emergency room and be seen by a licensed ER doctor and their medical team.

In the case that you experience an onset of injuries, meaning your injuries are not apparent right away, but appear and worsen days, weeks, or months later, you must see a doctor on your own as soon as the symptoms manifest. Do not assume that your symptoms will just go away on their own. If the injury is serious, go to the emergency room. If you are not sure of the extent of severity, you can start by contacting your primary care physician or family doctor to obtain good medical advice on what you should do.

Giving Statements Without Legal Representation

If a person is involved in an accident that caused them to sustain personal injuries, it is important for them to never give any statements concerning the accident to the defendant’s insurance company unless they have a lawyer present. Legal representation during a personal injury lawsuit is vital when it comes to seeking just and fair compensation. Speaking to a personal injury attorney before making any statements about the accident is an important step to obtaining full and fair compensation for damages and injuries following an accident.

Trusted Indiana Accident Attorneys Who Can Help You Recover The Compensation You Deserve

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Seasoned accident lawyers, Dan Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in an accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured persons throughout the State of Indiana. Contact us to get started in your financial recovery, today.

Current COVID-19 Procedures for Craven, Hoover, Blazek P.C.

Posted on April 15, 2020 by admin

Here at the Law Office of Craven, Hoover, Blazek P.C., our personal injury lawyers are doing all that we can to remain protected and reduce the spread of COVID-19 during this unprecedented and uncertain time. Through social distancing, we can alleviate the concern we have for our staff and clients, alike.

Accordingly, we would like to inform our valued clients, both current and potential, that our office will remain open, Monday through Friday, 8am to 5pm. We will be operating virtually, as all appointments will be scheduled over the phone or via email; but if an in-person appointment is required, we will make those arrangements as needed.

As a client, you are our top priority, and we will do all that we can to help you with your personal injury legal matters. Please contact us at 317-881-2700, or email us directly from our website, for questions, or to schedule an appointment with one of our esteemed attorneys.

How to Get in Touch With Us

OFFICE ADDRESS:
7550 S. Meridian Street, Suite C
Indianapolis, IN 46217

PHONE (317) 881 2700
TOLL-FREE (888) 881-2700
FAX (317) 885-4884

OFFICE HOURS:
Monday – Friday
8:00 am – 5:00 pm

Who to Call for Personal Injury Claim Representation in Indiana

Posted on April 14, 2020 by admin

Being hurt in an accident is an experience that brings about a string of difficulties; but finding compassionate and professional legal representation for you and your personal injury claim should not be one of them. In order to be offered the full and fair compensation you deserve as a victim of an accident that was not your fault, you need an aggressive and experience accident attorney working your case who can handle your claim from start to finish, adequately protecting your rights to remuneration.

But how do you find a good personal injury lawyer in Indiana? You already have.

Contact the Law Office of Craven, Hoover, and Blazek P.C. to schedule a consultation with a seasoned injury lawyer who truly cares about your physical and financial recovery. All first consultations are free of charge, so there is no out-of-pocket expectations when you meet with us in the beginning. Best of all, our Indianapolis law firm works on a contingency-fee basis, which means clients never pay any upfront attorney fees. In fact, we only collect lawyer fees if we recover a settlement or judgment for our clients.

What does this mean for you as a recent personal injury victim? It means that you have nothing to lose and everything to gain when it comes to obtaining professional and accomplished personal injury representation for your claim.

How to Get Started

As mentioned previously, our law firm offers FREE initial consultations, which allows you to sit down with a licensed accident attorney and discuss your recent accident and subsequent damages and losses. See our blogs, “How a Personal Injury Consultation Will Ease Your Mind After an Accident” and “What to Bring to a Personal Injury Consultation” to learn what you need to know about your first meeting with an injury attorney. During this consultation, you will learn a brief introduction to the laws surrounding your type of case, as well as your options for legal recourse.

Why You Should Choose Our Law Firm

Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, medical malpractice law and wrongful death law and have extensive trial and litigation experience with a written track record of success. Our teams gather all relevant information needed for the case, go head to head with the insurance companies, handle all communication and negotiations with the opposing parties and will go to trial if the defendant’s insurance company will not make a full and fair settlement offer, all to obtain fair compensation and justice for our injured clients. We want everyone to have a chance at justice following a serious accident caused by another’s negligence. This is why we operate on a contingency fee basis, meaning we never collect lawyer fees unless we win compensation for you.

Schedule a Consultation as Soon as Possible

Do not wait too long to learn about your personal injury compensation rights. If the statute of limitations runs out, you are no longer able to make a claim. It is always better to contact us as soon as possible after the accident and injury so information and evidence is not lost. Contact our law office today at 317-881-2700 and schedule a free initial consultation. We represent clients throughout the State of Indiana.

Do I Have to Pay Taxes on My Personal Injury Settlement?

Posted on April 10, 2020 by admin

Are you wondering whether or not your personal injury settlement is taxable? This is an important question to ask since sometimes the answer is yes. However, it is more common for recipients of personal injury settlements to not have to pay state or federal taxes on the amount they are awarded following the conclusion of a case. Continue reading to learn more, particularly as it relates to Indiana law.

General Rule of Personal Injury Payouts

Personal injury settlements are awarded to compensate victims for their damages and losses. Because of this, the general rule of thumb applied to personal injury payouts and income tax is that recipients do not have to pay taxes on the compensation they recover in a case. Yet, as with all things in life, there are always exceptions to the rule. Sometimes, personal injury compensation is taxable.

Taxable Settlements

Regardless of whether compensation is recovered in or out of court, so long as the recipient’s settlement is awarded to compensate for physical illnesses and injuries, their gross income is excluded from being taxed under the federal income tax code. As for state tax codes, they simply follow suit with federal tax codes, which means a personal injury settlement is exempt from being taxed by the state as well. You can get detailed information about this at IRS.gov.

Non-Injurious Compensation

For those who are awarded personal injury compensation for punitive damages, recipients are not typically exempt from paying state or federal tax. Punitive damages, also known as exemplary damages, are not intended to compensate a victim for the loss of their quality of life. Instead, they are meant to punish the at-fault party, as well as, set a public example and deter the particular type of gross negligence involved in the accident. See our blog, “What are Punitive Damages in a Personal Injury Lawsuit?” to learn more about the types of damages awarded in a personal injury case.

Although recipients of compensation for punitive damages must pay taxes on their settlement, they are allowed to deduct attorney fees from this amount. For instance, if a personal injury victim is awarded $100,000 and their lawyer uses the 1/3 contingency fee payment arrangement, they could deduct $33,333.33 from their settlement amount, leaving only $66,666.67 to be taxed.

✏ Compensation for Physical Injuries and Illness – NOT TAXABLE
✏ Compensation for Non-Physical Injuries –TAXABLE

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

How to File a Personal Injury Complaint in Indiana

Posted on March 31, 2020 by admin

Were you or your loved one recently injured in a serious accident, and now you wish to take your claim to court for the purpose of recovering full and fair compensation for your damages and losses? If so, you need to know what a personal injury complaint is, and how to properly file one in Indiana.

Continue reading for the facts about the single document that will get your personal injury lawsuit into motion, and on the right track.

Indiana Personal Injury Attorneys 317-881-2700

Personal Injury Complaints

Most personal injury claims are settled out of court with the help of a seasoned accident attorney. However, there are some cases that do go to trial, even when a legal professional is handling the claim. When such claims are taken to court, a personal injury complaint is the document a victim files to get the lawsuit started. Keep in mind, the representing personal injury lawyer is the party who actually manages the filing of this document; so, as a client, you would not be responsible for filing a personal injury complaint.

A standard personal injury complaint document is separated into specific sections that contain the basic information about the claim and the plaintiff, including court information, facts about the accident, the relevant law, and the losses and damages of the plaintiff. Depending on the circumstances of the claim and personal methods of a law firm, complaints may also contain the legal basis for filing the lawsuit, such as an explanation as to why the plaintiff feels entitled to compensation for their damages and losses. See our blog, “An Overview of Indiana Negligence Laws” to better understand your legal right to compensation after being hurt in an accident.

Statutes of Limitations

Here in Indiana, the law gives personal injury claimants 2 years from the date of the incident to make a claim against the at-fault party in most situations. See our blog, “Is it Too Late For Me to Make a Personal Injury Claim?” to learn more about our state’s statute of limitations. Applicable time limits are substantially less, depending upon who the at-fault party is, so it is very important to call an injury attorney as soon as you have been able to obtain your initial treatment for your injuries.

Who to Trust With Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Our esteemed personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek will work hard so you can recover the full and fair compensation you deserve after being injured in a serious accident. Not only do we represent injured people throughout the State of Indiana, we never collect lawyer fees unless we obtain a settlement for you.

Facts About Making a Wrongful Death Claim in Indiana

Posted on March 27, 2020 by admin

When a person loses their life as a result of someone else’s negligent actions (or inactions), it is regarded as a wrongful death under law. The most common types of wrongful death cases here in the United States are car accidents, negligent supervision, elder abuse, and medical malpractice.

If you suspect that your loved one was a victim of a wrongful death, it is important to take legal action right away, starting with a consultation with a licensed personal injury lawyer who concentrates on wrongful death claims. Learn your rights to full and fair compensation, and be granted the financial assistance and stability your family deserves during this difficult time.

Continue reading to learn what you need to know about making a wrongful death claim in Indiana, including how to get started and which law firm to trust with your claim.

Indiana Wrongful Death Lawyers 317-881-2700

Authority to File a Wrongful Death Claim

In Indiana, and most other states, only immediate family members can file wrongful death claims. This includes parents, legal guardians, husbands, wives, daughters, and sons. It can also be anyone who was legally dependent on, or a beneficiary of, the deceased. If it is proven that a loved one was a victim of a wrongful death, these kinds of parties would be the ones entitled to filing the claim and receiving monetary compensation through a settlement or trial.

Wrongful Death Case Criteria

Not all accidental deaths qualify as a wrongful death under the eyes of the law. In order for a wrongful death claim to move forward, certain facts must be true and proven. Some basic elements that should be in place for all wrongful death claims are:

➤ A person died.
➤ A person died as a result of another’s negligence or intent.
➤ The deceased has immediate family or other dependents who will suffer financially as a result of their loss.
➤ A private estate representative should be appointed by the family and can be a family member.

Compensation for Wrongful Death Victims

Courts use certain criteria to determine the total damages a family will be awarded in a wrongful death claim. Such factors typically include the amount of money earned by the deceased, the loss of companionship experienced by the family members (namely spouses and parents of young children), the degree of dependency the surviving family members or others had on the deceased, incurred expenses paid by the surviving family members as a result of the wrongful death, and much more.

Top-Rated Wrongful Death Lawyers in Central Indiana

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have recently lost a loved one in a wrongful death accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for the wrongful death of your loved one, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your wrongful death lawsuit or claim.

Can I Sue the City after Being Injured in a Pothole Car Accident?

Posted on March 24, 2020 by admin

Potholes are a big problem this time of year in Indianapolis. As a result of the annual freeze-thaw cycles, porous pavements crack, crumble, and cave in come Spring. Seasonal pothole damage can lead to unsafe road conditions. Some potholes are so large or obtrusive, they can even cause car accidents. So, who is responsible for repairing city potholes on streets and highways? Furthermore, can victims of pothole car accidents sue the city after being seriously injured?

Continue reading to learn how city potholes are managed, and whether or not a car accident victim can file a lawsuit against the city for pothole repair neglect.

Indianapolis Motor Vehicle Accident Attorneys — Indiana Motor Vehicle Accident Attorneys

Pothole Repair for the City

Each district has a government entity responsible for maintaining the roads and walkways. However, there are some cases in which other parties are responsible for road construction repairs, and not a government entity. For this reason, it can be challenging determining who is liable for pothole damage in your town. Additionally, if it is a government entity in charge of pothole repair in the area you were in a car accident, suing them also poses quite the challenge.

Suing the Government for Personal Injury

Although government entities can be sued for personal injuries just like any other entity or person, the differences between the legal processes are substantial. There is a separate set of rules and guidelines to follow when pursuing a claim against a governmental division or body, and these stipulations are strict, unforgiving, and very demanding. Of course, the process of suing a regular person or entity isn’t simple either, however, compared to a governmental lawsuit, the difference in obligations are significant.

For instance, there is a stricter and shorter statute of limitations. In fact, all deadlines are shorter and firmly inflexible. These rules and requirements differ slightly from state to state, but are all equally stringent across the board. In common cases, the statute of limitations is much longer, usually 2 years, and sometimes more. But in government-related lawsuits, the time limit ranges between 30 days to a year. Some victims are not even released from medical care in this amount of time, which is why it is so vital to have a licensed Indianapolis car accident attorney handling your case from day one.

Although government entities can be sued, lawsuits are not always successful. Governmental entities are immune to many types of personal injury cases. They are exempt from the standard rules and guidelines that common society has to follow in such circumstances. This is just one more reason why a personal injury lawyer is so vital to a person’s case. There are so many complex details, differences, exceptions, rules, and more to know and follow in a government-related lawsuit, and a reputable attorney can help define them all.

Pursing Just Compensation After a Car Accident

No matter which type of lawsuit you wish to file, whether against a private driver or the city, it is necessary to hire a personal injury lawyer to recover the full and fair compensation you deserve for your car accident claim. Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your recent Indiana car accident injury claim, today. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

Do Personal Injury Cases Go to Arbitration?

Posted on March 17, 2020 by admin

A common misconception about personal injury cases is that they all go before a jury. However, most personal injury claims are settled long before they ever have to see a courtroom. For cases that settle outside of court, often times both parties will seek an alternative dispute resolution source or are contractually required to do so, such as mediation or arbitration, to obtain a settlement through negotiations or an arbitration. Some cases are also only tried to the judge instead of a jury. The difference between going to trial and settling out of court is significant to the outcome of a personal injury case, and can have a major impact on the final settlement.

With this in mind, you might be wondering why personal injury cases might go to arbitration instead of trial. Continue reading to learn a few examples of when this could happen, and where to get trusted legal advice regarding your personal injury claim.

How Arbitration Works

In order to resolve a case by means of arbitration, both parties must agree or there must be a legitimate end enforceable contractual requirement. When two parties go to arbitration, together they select an impartial, unbiased party(ies) to resolve their dispute. This person is known as an arbitrator. Sometimes, each side picks an arbitrator and those two arbitrators then select a third arbitrator. The two parties agree beforehand that they will comply with the arbitration award. Once the arbitration begins, a single hearing or a series of hearings are held to allow both parties to present their evidence and testimony. Then at the conclusion, the arbitrator(s) renders a final decision.

Arbitration is sometimes preferred over trial for the main reasons of time and money. It is faster, more efficient, and costs much less than a court trial. It is a streamlined version of dispute resolution since it eliminates the formalities of court procedures, such as filing, court dates, motions, jury selection, and more. Court costs, attorney fees, filing fees, and time off work are all examples of associated, out-of-pocket costs claimants can face if they push for their case to go to trial.

Cases That Go to Arbitration

Typically, both parties involved in a personal injury case have to choose alternative dispute resolution. However, there are some personal injury cases that are legally required to go to arbitration. Such cases are generally those that are bound contractually by arbitration clauses, which usually state that parties must enter arbitration in the circumstance of a contract dispute and/or breach. One of the main objectives for companies to include arbitration clauses in their contracts is to mitigate legal costs, while others believe that arbitrators award less than jurors in some circumstances.

If you are a personal injury victim facing an arbitration clause, there is still hope for your case. Contact a licensed Indianapolis personal injury lawyer to represent your claim in arbitration, and recover the full settlement or judgment you deserve.

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential personal injury claim with licensed Indianapolis accident attorneys you can trust. Our law firm offers free initial consultations and never collect lawyer fees unless we recover a settlement or judgment for you. We represent clients throughout the State of Indiana. Be sure to get started on learning more about your claim soon, before the Indiana statute of limitations runs out! The sooner you retain us, the sooner we can start collecting the evidence necessary to prove your case and before that evidence is lost.

What To Do and Not To Do After a Car Accident

Posted on March 13, 2020 by admin

After being involved in a car accident that was not your fault, actions you take and decisions you make, can influence the total amount you receive in a personal injury settlement. For this reason, it is vital to know what to do and not to do after being involved in an auto accident caused by another driver. Continue reading for this information and more, as it can possibly make or break your car accident claim.

Indiana Car and Truck Accident Lawyers 317-881-2700

Insurance Companies are Not on Your Side

When you make a personal injury car accident claim, it is the at-fault party’s insurance company that will pay you your ultimate settlement or judgment if owed. However, insurance companies do not want to pay car accident victims. Their primary objective is to settle as quickly as possible for as little as possible, which is usually not a good thing for an accident victim.

Insurance companies will offer a paltry settlement and simply try to send a victim on their way. You see, within these insurance companies are hundreds of employees who work hard to argue that the value of your injury claim is low. They will use every resource in their power to reduce the settlement amount, which in turn increases their employer’s profits.

Fortunately, there are seasoned car accident attorneys out there who know the laws surrounding such claims inside and out, and can navigate through insurance adjuster tactics. They will provide cold-hard evidence to support a victim’s damages and losses and recover a full settlement.

What to Do After a Car Accident:

➀ Dial 911 and request police and paramedics for any injured persons.
➁ Tell the investigating officer how the accident happened.
➂ Seek medical attention at the scene and then at the hospital.
➃ Take several pictures and videos of the car and your surroundings.
➄ Contact a car accident injury lawyer to learn what your rights are.

What NOT to Do:

❌ Do not wait to get medical attention.

❌ Do not skip doctors’ appointments or treatments.

❌ Do not talk to insurance adjusters.

❌ Do not send out a demand letter.

❌ Do not sign a waiver or release-of-liability document or any other documents without talking with your attorney first.

❌ Do not accept cash for your damages and losses.

❌ Do not attempt to negotiate your claim yourself.

Talk to an Indianapolis Car Accident Personal Injury Lawyer Today

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with a car accident injury claim in Indianapolis, Indiana. Our seasoned car accident lawyers can help you recover the full and fair compensation you deserve after suffering a serious injury in a car accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.