Factors for Calculating a Personal Injury Settlement

Posted on January 24, 2020 by admin

After being hurt in an accident through the proven fault of someone else and suffering a long list of losses, you are owed a debt. Although there is no exact formula and equation that can tell you the exact value of your claim, there are several factors that will help you make a valid and reasonable estimation. Always talk to a personal injury lawyer to understand your unique accident claim and potential rights to compensation as every case is different.

In the meantime, continue below to review some of the most common factors used to compute a full and fair personal injury settlement value.

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How are Personal Injury Settlements Calculated?

Assessing the amount of damages in a personal injury case can be a challenging and complex process since so many variables influence the final decision. Not only do insurance companies use a basic damage formula to produce a settlement offer for claimants, courts and juries also play a vital role in evaluating the losses or injuries of a victim’s body, health, property, and overall quality of living.

The value produced by the damage formula is only the foundation used by insurance companies and personal injury attorneys during negotiations. The value may increase if the accident attorney can prove more damages or the extensiveness of damages. Furthermore, the percentage of fault among each party is assessed and applied to the deciding factors of the case. These are all vital and proven reasons why injured victims need a seasoned Indianapolis personal injury lawyer to represent their claim.

Top Personal Injury Factors Considered by Juries and Insurance Companies:

❖ Medical Expenses – Add up the total amount of medical bills, both covered and out-of-pocket. This includes hospital bills, physical therapy, medication, medical supplies, and similar costs.

❖ Estimated Future Medical Expenses – Estimate a reasonable value for your future incurred medical costs, such as medication, prolonged physical therapy, and similar expenses.

❖ Lost Earnings – Add up all of your lost wages from missing work. This includes any lost benefits.

❖ Future Lost Income – Estimate the sum of your future lost wages by determining how long you will be out of work as a result of your injuries.

❖ Property Damage – Add up your total value of property damage. This is generally pertinent in car accident claims.

❖ Multiplier for General Damages – A multiplier formula can be applied to approximate your overall damages. Simply multiply the total value by a reasonable and valid multiplier. The more severe, lasting, and painful your injuries, the higher the multiplier number will likely be. Talk to an injury lawyer to learn which multiplier is most accurate for your claim.

Non-Economic Damages (Pain and Suffering) – Estimate a value for pain and suffering, mental anguish, and loss of quality of life by using your multiplier. See our blog, “How is Pain and Suffering Determined in a Personal Injury Settlement?” to learn more about making this estimation. These damages should be valued the highest.

Talk to a Seasoned Indiana Accident Attorney

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

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

Trust the Law Office of Craven Hoover Blazek for a Full Personal Injury Settlement or Verdict

Posted on January 21, 2020 by admin

Were you recently involved in an accident or incident that resulted in serious injuries, but the accident or incident was of no fault of your own? If so, you are likely a strong personal injury claim candidate. Thus, it is important to learn how to protect your rights and recover a full and fair settlement for your damages and losses. Here at the Law Office of Craven, Hoover, and Blazek P.C., we are fully prepared and willing to work tirelessly to ensure just that.

Continue below to learn who we are, what we do, and how to get in touch with a qualified and friendly accident lawyer, today.

Our Firm’s Mission

The Law Office of Craven, Hoover, and Blazek P.C. are experienced accident attorneys who are passionate about helping personal injury victims recover financially, emotionally and physically. Through the entire legal process, we are with you, available and prepared to represent our client’s best interests and rights. From the initial consultation to the settlement or final verdict if necessary, our Indianapolis personal injury attorneys are by your side every step of the way and leading your injury case to a full and fair resolution. We are the hard-working and knowledgeable accident lawyers that can get you the full compensation you deserve after suffering a serious injury. We also represent those left behind as a result of the wrongful death of a loved one, caused by the negligence of another person or corporation.

What Our Law Firm Can Do For You

Our Indiana personal injury attorneys have the abilities, resources, and experience to safeguard and enforce your rights in accident case, and we use these various advantages and strategies to document solid cases against negligent parties or companies. We consult experts, interview witnesses, meet with industry leaders, obtain necessary documents and records, and more, in order to recover full and fair compensation for our client’s losses. In the case that a claim goes to trial, such experts can clearly convey the facts to a jury so the jury can better understand the full extent and seriousness of our clients’ injuries and damages.

As for our role, we begin with a thorough review and assessment of the circumstances surrounding your accident so that we can document a strong case against the negligent party or parties. If we cannot get the defendant’s insurance company to settle out of court and pay you the compensation you deserve, which does not happen very often, we will file a lawsuit on your behalf and litigate your case until a judgment is obtained.

Our personal injury lawyers understand that serious accidents are troubling in more ways than one. Not only can a serious accident result in extensive financial losses, they can also require extended mental, physical, and emotional rehabilitation. It is imperative to us that our clients recover emotionally and physically so they can take back control of their lives and move forward once and for all. It is their job to heal and get better, while we fight for a full and fair recovery for all their losses.

Get Started With a Free 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 so information and evidence is not lost.

Contact our law office today at 317-881-2700 and schedule a free initial consultation with a practiced Indianapolis injury attorney to find out if your injuries might entitle you to legal compensation in Indiana. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

The Best Advice for Interviewing a Personal Injury Lawyer

Posted on January 17, 2020 by admin

After being seriously hurt in an accident, it is important to find reputable and aggressive personal injury representation at a trusted law firm. This will give you the best opportunity to recover the full and fair compensation you are owed in order to pay for hospital bills, medical expenses, lost wages, and more. When it comes time to sit face to face with a potential accident attorney, it is helpful to know what questions to ask before choosing them to represent you in your claim.

Continue reading to learn some helpful tips for interviewing a personal injury lawyer.

Interview Questions for Tort Lawyers

The most effective method for choosing a group of law firms to interview is word of mouth. Personal recommendations and referrals are a great way to find law firms that have provided good service for people you know and trust. You can also do online searches using reputable web portals like Yelp and Google My Business.

These portals provide contact information, credentials, recent customer reviews, and company descriptions of practice areas and more. It is a comprehensive way to learn about a law firm before giving them a call. Credentials to look for include licensing, 10+ years of experience, history of successful cases, and customer reviews.

An Explanation of Scheduled and Unscheduled Losses for Workers’ Comp Claims

Posted on January 14, 2020 by admin

As discussed in an earlier blog regarding workers’ compensation payments, Indiana provides two forms of Permanent Partial Impairment (PPI) benefits referred to as scheduled loss benefits and unscheduled loss benefits. If you were recently injured at work, and as a result have suffered a permanent disability, these benefits might play a vital role in your future.

Continue reading to learn more about scheduled and unscheduled loss benefits, as well as, how to get a free consultation to discuss your rights to compensation after a workplace injury.

Permanent Partial Impairment (PPI)

Permanent partial impairment benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, total temporary disability benefits that are paid over 125 weeks are deducted from permanent partial impairment payments. Furthermore, such benefits are not granted until a patient reaches maximum medical improvement. Maximum medical improvement means the patient has healed as much as possible, and no further treatment will improve their condition.

Scheduled Loss Benefits

Scheduled loss benefits are granted to workers who are subjected to amputation or lose full function of a body part. These benefits are not based on weekly earnings, but rather, each scheduled injury is assigned a “degree” that represents a monetary value to which a person is entitled. Indiana publishes a yearly schedule of degrees for impairment on the Workers’ Compensation Board website. As of 2017, the Indiana schedule of degrees for impairment is the following:

➤ Between 1 and 10 Degrees = $1,750 per degree
➤ Between 11 and 35 Degrees = $1,952 per degree
➤ Between 36 and 50 Degrees = $3,186 per degree
➤ 51 Degrees and Above = $4,060 per degree

The schedule determines how much a victim receives in benefits depending on the body part affected. Common body parts listed on Indiana’s schedule include arms, legs, hands, fingers, thumbs, feet, toes, and ears. Thumbs, for instance, are assigned a 12 degree value. Arms below the elbow are set at 40 degrees, while arms above the elbows are set at 50 degrees. Hands are also 40 degrees, and legs above the knee joint are 45 degrees. To see the full list of scheduled body parts for Indiana, review the state’s workers’ compensation laws in Indiana Code Ann. § 22-3-3-10.

All scheduled loss benefits are paid according to the degree of loss as well. For example, if a doctor determines that a patient has lost 50% use of their arm, the state assigns a 40 degree value, but it would be reduced to 20 degrees to accommodate the ratio.

Unscheduled Loss Benefits

When a worker suffers amputation or loss of function of a body part that is not listed on Indiana’s schedule, it might fall under unscheduled loss benefits. These benefits are calculated based on the extent of loss of function in the body part. Once a patient achieves maximum medical improvement, their physician will assess their level of long-lasting disability, and then assign an actual degree of impairment. So, if your doctor determines that you have lost 10% use of an unlisted body part, this would be assigned a 10 degree value on Indiana’s schedule, which would entitle you to roughly $17,500.

Discuss Your Indiana Workplace Injury Benefits Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis workers compensation attorney who can determine the best strategies for your Indiana workplace injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

What Benefits Am I Owed For My Workplace Injury Claim in Indiana?

Posted on January 10, 2020 by admin

Do you know how much compensation you can receive for your recent Indiana workplace injury? Continue reading to find out.

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Facts For Injured Workers

Here in Indiana, those injured at work are entitled to a certain set of benefits, all of which are incredibly necessary and valuable to the overall recovery of an injured worker. Among the benefits available to injured workers, compensation for wage replacement and medical treatment are the most vital. Many injured workers wonder how much compensation they are owed for their workplace injury claim in Indiana, but the answer varies depending on a wide range of legal factors. Most often, workplace injury claim settlements are influenced by the nature of the victim’s injuries, the extent of their permanent limitations as a result of the workplace accident, their capacity to return to the work field, and much more.

In Indiana Injured Workers Can Receive Benefits For:

➤ Lost Wages
➤ Permanent Disability
➤ Wrongful Death
➤ Medical Treatment
➤ Vocational Rehabilitation
➤ Gas Mileage For Doctors Appointments (depends on conditions)

For a better understanding of how workers’ compensation settlements might be calculated, you must discuss your particular claim with a trusted and experienced Indiana workers compensation lawyer.

Workers’ Compensation Limitations

Although Indiana provides financial relief for injured workers, there are still certain degrees of limitations set on the amount of benefits an injured worker can receive. In fact, starting in July 2016, Indiana enacted a new law that set a maximum weekly worker’s compensation payout of $780 per week. Furthermore, certain types of damages and losses might not be compensated under worker’s compensation law, such as pain-and-suffering or mental anguish.

Temporary Disability Benefits

When an injured worker is recovering from their injuries, they can receive temporary disability benefits since they are temporarily disabled as a result of the workplace accident. In Indiana, there are two types of temporary disability benefits and injured worker might be eligible for: Total Temporary Disability (TTD) and Partial Temporary Disability (PTD).

Total Temporary Disability (TTD) – These benefits make up two-thirds of an injured worker’s average weekly pay. Injured workers continue to receive total temporary disability until they return to work in any scope, achieve maximum medical improvement (MMI), neglect to appear for doctor’s examination ordered by the insurance company, refuse a reasonable job offer, or reach 500 weeks of benefits.

Partial Temporary Disability (PTD) – These benefits are granted to injured workers in the case that they can return to work, but are unable to make the same wages as they did prior to the workplace accident. They make up two-thirds of the difference between a worker’s pre-injury and post-injury earnings. An injured worker can receive up to 300 weeks of partial temporary disability benefits.

Take note that temporary disability benefits are not paid for the first week unless an injured worker must take at least three weeks off work. If you feel that the insurance company cut off disability benefits too early, contact an Indiana workers compensation attorney right away.

Permanent Disability Benefits

Aside from temporary disability benefits, an injured worker might further be entitled to permanent disability benefits. Similar to temporary disability benefits, Indiana provides two distinct types of permanent disability benefits: Permanent Total Disability (PTD) and Permanent Partial Impairment (PPI).

Permanent total disability (PTD) benefits are granted when an injured worker’s resulting condition prevents them performing any type of work. They are two thirds of a worker’s average weekly pay, but only up to the state maximum benefit. In fact, they would be the same as their temporary total disability (TTD) benefit. These benefits are not considered until an injured victim’s doctor determines they have reached maximum medical improvement (MMI). Maximum medical improvement is when an injured person can no longer improve their condition with further medical treatment.

Indiana provides two forms of Permanent partial impairment (PPI) benefits: Scheduled Loss Benefits and Unscheduled Benefits. Injured workers are entitled to permanent partial impairment benefits whether they lose time off work or experience a decrease in earnings. PPI benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, TTD benefits paid over 125 weeks are deducted from PPI payments. Like permanent total disability benefits, PPI benefits are not considered nor eligible until a patient reaches maximum medical improvement. Stay tuned for an upcoming blog that will cover scheduled and unscheduled workers compensation losses in further detail.

Wrongful Death Benefits

In the case that a workplace accident results in a worker’s wrongful death, their immediate family or dependents are entitled to certain wrongful death benefits in Indiana. Payout for wrongful death benefits are equivalent to two-thirds of a worker’s average weekly pay, or up to the state’s maximum, and they can be paid up to 500 weeks.

How to Calculate Your Workplace Accident Claim Benefits

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed workplace injury lawyer in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured at work. We represent injured workers throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement or judgment for you!

Can I Sue Lyft or Uber for Getting into a Car Accident?

Posted on January 7, 2020 by admin

Do you know what kind of liability comes into play when you use a Lyft or Uber or similar ride-sharing app? What are your rights after being injured in a car accident while riding in a Lyft or Uber? Continue reading to learn more about car accident liability and ride-sharing companies, including what to do if you were recently hurt in a Lyft or Uber accident.

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Ride Sharing Car Accidents and Claims

It is important to know your rights and responsibilities in the case that you are injured in a ridesharing accident. The best place to start is to speak with a licensed personal injury attorney who focuses on car accident claims, like Craven, Hoover & Blazek, P.C. They can offer you accurate information and professional advice. If you were recently injured in a rideshare accident, be sure to speak with an attorney as soon as possible, before the statutes of limitations runs out for making a claim and critical evidence is lost. You could be entitled to certain compensation for your damages and losses, such as hospital bills, medical expenses, lost wages, pain and suffering, and more.

Liability Facts

The first question that most people have in regard to Lyft and Uber car accidents is about liability. Is the driver responsible for damages and losses suffered by their passenger or is the actual company or corporation accountable or are they both? Is it possible for a passenger to be held liable for their own injuries suffered in a ride sharing accident? Although there are laws surrounding such liability, each case is unique, therefore, the answers to these particular questions are not always clear and concise.

In the case that a ride-share driver acts negligently and causes a car accident that results in their passengers being injured, the liability will likely fall onto the driver themselves. Since it is the driver’s personal vehicle, and they are using it to transport passengers for money, they are obligated to have proper insurance coverage for themselves and passengers. If a passenger is injured in a Lyft or Uber ride in particular, they are covered by Lyft’s and Uber’s liability coverage that is set at 1 million dollars. So, although the Lyft or Uber driver is likely liable for a victim’s damages and losses, passengers also have the right to make a claim against Lyft or Uber.

Ride-sharing accident claims can become quite complex in a short amount of time since both passengers and drivers have certain rights. For this reason, it is vital to retain professional legal representation from a trusted personal injury law firm. We can help navigate your claim and determine the best course of action for your particular case.

Indiana Car Accident Claim Lawyers Who Can Help

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a personal injury car accident claim in Indianapolis, Indiana after being hurt in a Lyft or Uber ride. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

How a Personal Injury Consultation Will Ease Your Mind After an Accident

Posted on January 3, 2020 by admin

No one really understands the pain, discomfort, and overall struggle that goes along with being injured in an accident more than you do right now. If you have a family, they too might also feel the impact of your accident and subsequent suffering. With all of this going on, likely your mind is filled with all sorts of emotions and anxieties. How are you going to pay for all of your hospital bills? Where are you going to get money for groceries and rent when you can’t even work? How is my quality of life going to be affected by these injuries? Am I going to get better and how long will it take if I am?

Fortunately, there is a simple way to put your mind at ease for the time being. All you have to do is find a trusted and experienced Indiana personal injury law firm that provides free initial case evaluations. Not only can they give you proper legal advice regarding your unique case, they can provide the support and protection you need during your legal matters. There is nothing more reassuring than knowing we are on your side.

Continue reading to learn that you need to know about personal injury consultations, including how they can help you during this challenging time.

What a Case Evaluation Will Do

A personal injury case evaluation is designed to achieve three primary goals. First, they are meant to determine whether or not you have a valid case. Second, they will determine where your claim falls within the state’s statute of limitations. Third, a case evaluation will identify any potential challenges or prohibiting factors posed. Furthermore, an initial personal injury case evaluation will give you an opportunity to learn more about your legal rights, including your rights to recovering a settlement for your damages and losses. During this evaluation, you will also have an opportunity to ask your potential lawyer questions about their practice, and the best course of action for your particular claim.

What to Bring to a Personal Injury Consultation

Initial personal injury consultations are free of charge with our law firm. Moreover, we do not charge any fee to a client until we win your case. However, there are several things you can do to prepare for your consultation to better optimize your time with a licensed personal injury lawyer. Some important items you might want to bring to your initial consultation include medical provider contact information, medical and hospital bills, missed work dates due to injury and recovery, witness contact information, insurance adjuster’s contact information, insurance policy documents, copy of the police report, and any other tangible evidence. Try to also bring a list of questions you have about your claim so that you do not forget to ask them. See our blog, “What to Bring to a Personal Injury Consultation” for details about locating such information for your case evaluation.

Important Topics You Should Discuss

During your initial consult meeting, you will want to address some important topics regarding legal costs. These topics include lawyer fees and expenses. Your attorney will be able to clearly and concisely answer all of your questions regarding these issues. After deliberating these topics, it is helpful to discuss what happens next. This will allow you to prepare for your case and follow through with any instructions or advice your lawyer has given you.

Who to Trust for Your Indiana Personal Injury Case Evaluation

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, located in Indianapolis, Indiana, if you or a loved one was recently hurt or someone died as a result of a serious 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 your injuries, 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 personal injury lawsuit. We represent clients throughout the State of Indiana.

Pros and Cons of Insurance Company Structured Settlements

Posted on December 30, 2019 by admin

When an insurance company agrees to pay someone a settlement, they may offer to make payments periodically rather than in one lump sum. This is called a structured settlement, and it does sometimes occur in insurance claims and lawsuits. At first thought, you might expect a structured settlement to be a bit of a disadvantage to the payee, however there may be more benefits to structured settlements that meets the eye. On the other hand, there are also a few disadvantages, or what some would consider cons to structured settlements.

Continue reading to learn some of the pros and cons of insurance Company structured settlements, and where to get the best legal advice regarding your potential accident claim.

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Potential ADVANTAGES of Structured Settlements

If you were to ask a group of individuals who have received a structured settlement in the past from an insurance company, they would likely tell you that the primary benefit they experienced was secure financial management. By receiving their settlement in increments rather than one lump sum, they were able to better control their spending and savings, and therefore, practice improved financial management.

Here are some additional prospective benefits to receiving a structured settlement:

In many cases, a structured settlement usually winds up paying out more money than a lump sum payment.

Structured settlements can also make financial planning, namely tax planning, a lot easier when compared to the process following a lump sum payout.

Due to the added annual income a structured settlement provides, recipients may be eligible for certain tax benefits and advantages.

Many recipients of structured settlements enjoy adding to their annual income as an alternative to receiving a bulk payment from an insurance company settlement.

By receiving a structured settlement in periodic payments, recipients can better control their spending and savings over time.

Potential DISADVANTAGES of Structured Settlements

When it comes to the possible disadvantages of structured settlements, there may be a few. In fact, if you were to ask the same group of individuals in the last example, they would likely have a few complaints as well. One of the main disadvantages discussed among structured settlement recipients and legal advisors is the fact that it can hold you back from taking advantage of certain investment opportunities, such as investing in stocks, bonds, real estate, business, schooling, and more.

Here are some other possible cons to accepting a structured settlement:

In some scenarios, a structured settlement can turn out to be less money than a lump sum payment after you consider commissions, fees, and inflation.

Many are opposed to structured settlements from insurance companies because they don’t like the idea that a financial institution has control of their settlement.

There are several legal regulations restricting how you can sell your structured settlement, if you ever choose to do so.

Trusted Legal Advice About Insurance Settlements for Indiana Injury Claims

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential Indiana personal injury claim with a licensed accident attorney you can trust. Our law firm offers free initial consultations and never collects lawyer fees unless we recover a settlement or judgment for you. Get started on your path to financial and emotional recovery with a simple phone call to our Indianapolis accident injury lawyers, today. We represent clients throughout the State of Indiana.

How to Solve Insurance Disputes After Being Hurt in an Accident

Posted on December 27, 2019 by admin

After being injured in an accident that was not your fault, you have more than just the physical pain of injury to deal with, making it a serious and strenuous time in your life. So, when an insurance company doesn’t want to offer a fair settlement to cover medical expenses, hospital bills, lost wages, and similar damages, the back-and-forth negotiations can make you feel even more bleak and powerless.

Continue reading to learn more facts about insurance negotiations, and who to trust for legal advice regarding your rights to compensation after being hurt in an accident in Indiana.

Insurance Adjuster Negotiations

The process of negotiating with aggressive and stubborn insurance adjusters is incredibly challenging and sometimes misleading, which is why it should not be handled on your own. If you were seriously injured in an accident, the insurance company will most likely fail to deliver a full and fair settlement to cover your damages and losses so you should talk to a legal professional right away. Keep in mind that insurance companies are businesses that exist to make money. They do not exist to treat people fairly and compensate them fully. You should hire your own attorney to represent your own interests right after you go to your fist doctor visit.

Hire an Accident Lawyer

To get the full and fair amount of compensation you deserve to to cover all of your losses, you need to hire a seasoned personal injury law firm to navigate and prosecute your case. We have the knowledge, experience, drive, and resources to professionally investigate and manage your accident case and fight the insurance company for the settlement you deserve. With extensive trial and litigation experience, your personal injury attorney will know exactly how to negotiate with insurance providers. This is a complex skill that takes years of practice and hands-on experience to master, so be sure to hire an accident lawyer that has the experience your case needs to be successful.

Insurance Negotiations

In the case of an accident in which another person or entity causes you injury, generally their insurance company would eventually be responsible for covering your related losses and damages. However, insurance companies are not happy about this, and they take measures and make arguments to avoid liability or pay out as little as possible. This is where a personal injury attorney will come into play. With some pressure and seasoned negotiating skills and obtaining the necessary evidence, your Indianapolis accident lawyer can recover the full amount of compensation you are rightfully owed.

Please Beware…

An important insurance company warning you need to always remember is to never offer a statement until you have spoken with your lawyer. Sometimes a seemingly innocent statement can be twisted by insurance companies and used in their favor in an attempt to escape financial liability. A good accident lawyer will protect you from being taken advantage in this way.

Indiana Personal Injury Lawyers You Can Trust

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent accident claim trouble. 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. To better accommodate your recovery, we never collect lawyer fees unless we obtain a settlement for you. Get started today by calling 317-881-2700 and scheduling your first consultation.

Can I Sue Both Company and Driver After Being Hurt in a Truck Accident?

Posted on December 23, 2019 by admin

The consequences of car accidents range on a very broad spectrum, from minor all the way to fatal. But when it comes to truck accidents, the damages tend to be even more extensive given that trucks are larger, heavier, and therefore more lethal than a standard sedan or compact car. Often times, it is the trucking company that would be held liable for an accident caused by one of their drivers; however, there are some cases in which a separate claim can be brought against a negligent trucker driver too.

Continue reading to learn more about the possibility of suing both trucking company and driver after being injured in a serious trucking accident in Indiana.

Indiana Truck Accident Lawyers 317-881-2700

Trucking Company Employees vs. Independent Contractors

Most often, the trucking company is responsible for any damages caused by an employed driver while they were on the clock. However, some trucking accident claims can prove to be a bit trickier since not all truck drivers are employed by the trucking company. Some trucking companies outsource truck drivers who own their own truck and operate as independent contractors. In the case that a driver was injured by an independent trucking contractor, appointing liability can pose its challenges due to certain independent contracting laws. For this reason, it is vital to have a seasoned truck accident attorney representing your claim, from start to finish.

Although the negligent actions of employees of a trucking company are the trucking company’s responsibility, independent trucking contractors are responsible for themselves. This means that the trucking company that hired an independent trucker will generally not be held legally liable if the trucker causes an accident that harms another person. In fact, it is quite common for trucking companies and their insurance carrier to point the finger totally on the independent truck driver. On the other hand, if the trucking company lease a truck or placard to a truck driver, they could be found legally liable for the driver’s actions while on the clock.

Another important factor that courts will consider is whether or not the truck driver of a trucking company was acting within their scope of employment. For instance, if an employed truck driver of a trucking company causes an accident while on the clock performing work duties, the company can be held liable for the accident. However, the trucking company might be able to evade liability if the employee acted outside their scope of employment by causing an accident while running a personal errand, potentially. The company could argue that because the employee was acting outside of their scope of employment, they are not accountable.

What You Should Do After a Truck Accident

If you were just injured in a serious car accident as a result of a negligent trucker, you are likely entitled to collecting compensation for your subsequent damages and losses. See our blog, “FAQS About Commercial Truck Accident Claims” to learn more about your options for legal recompense. Contact a licensed truck accident lawyer in Indianapolis for help navigating your personal injury claim, today.

Indiana Truck Accident Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis truck accident attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana and are located in Indianapolis, Indiana.