What You Need to Know About Product Recalls and Injury Claims

Posted on March 11, 2020 by admin

Product recalls happen when manufacturers introduce a new product or commodity to the market for resale, but the product is defective and dangerous in some way. Manufacturers these days are in high competition and always in a rush when it comes to getting their products out on the market to start making fast cash; the subsequent problem that arises from this situation is that some products are not properly tested before they are released to the public. When a person is injured as a result of a defective product, it falls under product liability law, and victims may be entitled to compensation for their damages.

Continue reading to learn more about defect products and injury lawsuits, including who to trust for verified legal counsel regarding your potential claim.

Personal Injury Attorney Law Firm 317-881-2700

Defective Products and Product Liability

Here in Indiana, product liability cases are governed under The Product Liability Act, which defines a defective product as, “A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition: (1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and (2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.”

Filing a Defective Product Injury Claim

An injured victim of a defective or recalled product has up to 2 years to file a claim against the at-fault seller or manufacturer under most situations. Some legal principals to consider when determining a victim’s entitlement to compensation for damages and losses: strict liability and market share liability.

Strict Liability

Manufacturers, retailers, and marketers are the common types of sellers held liable in product liability lawsuits. This legal principal is known as strict liability. If one party makes, sells, or even leases a product that meets the state criteria of a defective product, they can be held legally responsible for any physical harm suffered by the consumer, including their damages and losses, such as hospital bills and medical expenses. However, in order for the seller to be held liable, three elements must be true. First, a seller must be involved in the sales of the product. Second, the consumer must be in a class of people that the seller would reasonably expect to be harmed. And third, a consumer must have obtained the product without a substantial change in its condition.

Market Share Liability

Market share liability is a legal set of rules that plaintiffs and courts use regarding a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. The apportioned share in a market share liability case is not always equal among manufacturers. It is divided according the percentage of the product they produced and distributed at the time a victim was injured by it.

Famous Product Recalls of Our Time

Ford Pinto (1978) – Perhaps the most famous recall of them all, the Ford Pinto was recalled for explosive reasons. Rear-end collisions caused the car to essentially blowup, because the fuel tank was positioned improperly inside the vehicle; and as a result, numerous fatalities and injuries occurred among consumers.

Fire Stone Tires (2000) – Over six million tires were recalled after faulty manufacturing on Ford Explorer vehicles caused numerous motor vehicle accidents resulting in approximately 175 deaths and nearly 700 injuries. Their company losses were reported to be over 100 million dollars.

Renu Moisture Loc Contact Lens Solution (2006) – This Bausch & Lomb contact lens solution was recalled for potentially being linked to a blinding eye infection called Fusarium Fungus. Their company losses were reported to be over 100 million dollars.

Mattel Toys (2007) – Lead contamination was the culprit behind this 2007 recall. More than 18 million toys, manufactured in China, were recalled.

Ground Beef (2008) – The Department of Agriculture ordered the Hallmark-Westland Meat Company to recall more than 140 pounds of ground beef because it may have been contaminated with a bovine disease. The mean was thought to be contaminated with a disease call Downer Cattle. The company had to pay more than 60 million dollars in restitution and fines related to this recall.

Speak to a Skilled Product Liability Lawyer for Indiana Injury Cases

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent product liability injury. 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!

Legal Facts About Pain and Suffering Damages in Indiana

Posted on March 6, 2020 by admin

When accidents happen as a result of negligence, which is defined as simply the failure to exercise reasonable care, victims are entitled to seek out the proper remuneration for their damages and losses which resulted from the negligent conduct. Although economic damages are usually easy to calculate, such as medical bills and absent paychecks, damages for pain and suffering prove to be more challenging. For this reason, it is vital for accident victims to hire a skilled Indiana personal injury law firm to represent them in their case. A qualified accident attorney will work to ensure clients recover the full settlement they deserve for all of their damages, whether economic, non-economic, or both.

Continue reading to learn Indiana’s law regarding pain and suffering damages in a personal injury case, as well as what you can do to recover compensation after being hurt in an accident.

Indiana Statute of Limitations

In Indiana, all personal injury claims, including medical malpractice and product liability, have a 2 year statute of limitations, with certain exceptions. This means that victims usually have 2 years from the date of their accident to file a claim against the at-fault party. Those making a claim against the state usually have 270 days from the day of their accident to do so, while those making a claim against a city or county usually have 180 days.

Indiana Damage Caps

Here in Indiana, the law places certain limits on personal injury damages for certain types of cases. For instance, in medical malpractice claims, the damage cap is set at $1.8 million. For most claims against the state, the damage cap is set at $700,000. Furthermore, because Indiana recognizes the legal principal of comparative negligence, victims who are found more than 50% at-fault for their subsequent injuries, they are not entitled to any recovery. Each case is different so an attorney should be consulted right away.

Economic and Non-Economic Damages

As mentioned in the introduction, there are two categories of damages: economic and non-economic. Economic damages are the actual expenses paid out of pocket by accident victims or their insurance carriers. Examples of such expenses are hospital bills, medical payments, and lost wages from work. Non-economic damages are more subjective costs, such as pain and suffering.

Calculating Pain and Suffering Damage

Every victim experiences a unique level of pain and suffering as a result of their accident. Examples of pain and suffering include the experience of being harmed, the stress and discomfort of the recovery and treatment process, mental anguish, depression, anxiety, PTSD, permanent disability, disfigurement, and similar emotional and mental inflictions. Because of the broad pain and suffering spectrum, it can be challenging calculating its financial value. In order to calculate pain and suffering in a personal injury case, many factors must be considered, measured, and applied to the final decision.

In some cases, personal injury attorneys push the multiplier method, which is a multiplier formula that aids in approximating a victim’s overall damages, both economic and non-economic. When using the multiplier method, a reasonable and valid multiplier is assigned to a case, and is then multiplied by the total of economic damages. The more severe, lasting, and painful the injuries, the higher the multiplier number will likely be.

Where to Get Trusted Legal Advice for Your Indiana Accident 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 personal injury attorney in Indianapolis, Indiana. Seasoned accident lawyers, Daniel 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. Contact us to get started in your financial recovery, today.

Is the School Liable for My Child’s Injuries?

Posted on March 3, 2020 by admin

When your child gets seriously hurt in an accident at school, your first thought is to address their medical needs. But because they are under the supervision of professionals, your thoughts start to gravitate toward fault, as occurs with all injuries. You might be asking yourself, “is someone responsible for my kid’s accident?”, or “should the school be covering the medical bills for my child’s injuries?” These are all natural questions to have as a concerned parent paying out of pocket for their child’s medical expenses and losing pay from taking time off work.

If your child was seriously injured in an accident that took place while at school or at a school-related function, continue reading to learn what you need to know about a school’s potential liability in student injuries.

Indiana Child Injury Lawyers 317-881-2700

Student Injuries and School Liability

The laws and legal principles that govern school liability in the case of student accidents and injuries vary from state to state and are complex. Furthermore, most schools are local municipal government agencies, which means they are more difficult to sue due to the fact that most governmental entities are granted immunity from civil lawsuits. This legal concept is known as sovereign immunity, if on a state or federal level, and governmental immunity for cities, counties, and other smaller branches of government. Such immunity is arguably the most influential factor in determining who can be held liable after a student is injured at school.

Here in Indiana, our law recognizes and supports governmental immunity, which can pose a challenge for those who wish to seek compensation for their losses and damages following a school injury. However, many municipal governments make exceptions to the rule of not being able to be sued. Under strict, specific conditions, a family might be granted the right to sue a school after their child is seriously injured or killed on campus or while in their care. Examples of such conditions might include gross negligence, supplementary liability insurance coverage, and negligent supervision laws, premise liability laws, and more.

Your Next Steps as a Parent to an Injured Child

It is important to discuss your potential claim with an experienced Indiana personal injury lawyer who focuses on child injury claims. They have the knowledge and resources to guide you on the most secure path toward recovery. The deadlines and requirements for suing a school are much shorter and stricter in comparison to other types of personal injury claims, making it vital to have a seasoned professional in your corner. Get started as soon as possible by scheduling an in-person consultation to learn your rights.

Your Trusted Indianapolis Child Injury Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a child injury claim in Indianapolis, Indiana. We represent injured persons and wrongful death dependents throughout the State of Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are motivated to help you get your life back on track after your child was seriously injured in an accident so you can concentrate on taking care of your child. We offer free initial consultations and never collect attorney fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with our Indianapolis child injury lawyers, today.

A Basic Overview of the Tort Law Definition

Posted on February 28, 2020 by admin

Have you ever broken a rule, and as a result, someone got hurt? Well, torts are something like that, just much more serious. Torts are civil wrong-doings, negligent or immoral behaviors and actions against others. The law identifies a tort as a morally wrong action or inaction, and recognizes it as grounds for a lawsuit. Most often, torts come with significant consequences, like serious injuries and death, which is why the law provides certain relief for personal injury victims.

Continue below to learn more information about tort law, the most common types of torts, and what relief you can seek if you were recently injured in an accident that was not your fault.

Tort Law

Tort law was established to serve 4 particular objectives: 1) to compensate victims for the injuries they’ve suffered as a result of another’s actions or inactions; 2) to transfer the cost of related damages and losses to the culpable party, such as hospital bills, medical expenses, lost wages, pain and suffering, and more; 3) to set an example and prevent harmful, reckless, and negligent behaviors in the future; and 4) to justify the legal rights and welfares of the victim that were compromised, diminished, or made powerless.

Compensation for Damages and Losses

Victims of torts can pursue legal compensation for damages and losses incurred as a result of the wrongdoing. Exemplary damages typically include hospital bills, medical expenses, lost wages, pain and suffering, prolonged physical therapy, and similar damages that result in economic loss. More extreme cases of torts can include many other types of damages, such as loss of companionship, mental anguish, PTSD, paralysis, wrongful death, and more. Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from a loved one’s death.

When a victim makes a claim to collect compensation for damages sustained from a personal injury, they generally seek compensation from the negligent party’s insurance company. The victim’s accident attorney will handle all communication and legal proceedings with the opposing insurance company representatives to agree on a full and fair settlement. If a fair settlement cannot be reached, then the case can be taken to trial where a judge or jury will decide what’s fair.

Types of Torts

Common categories of tort law today include both intentional and non-intentional torts, such as general personal injuries, workers’ compensation, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, premise liability, product defects, medical malpractice, defamation, slander, libel, several types of deliberate infliction of emotional or physical trauma. In fact, every type of tort can be grouped into three separate categories of tort law: Intentional torts, Negligent torts, and Strict Liability torts.

⇛ Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and some nursing home neglect are some examples of intentional tort. See our blog, “The Difference Between Intentional and Unintentional Torts” to learn more.

⇛ Negligent torts occur as a result of carelessness and disregard. Disobeying traffic signals and causing an accident that harms another person is an example of negligent tort. Other examples include pedestrian accidents, hit-and-run accidents, medical malpractice and slip and fall accidents.

⇛ Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person, such as liability for making and selling defective products that are hazardous potentially.

It is Vital to Hire an Accident Lawyer

In order for accident victims and their families to recover a full and fair settlement in a personal injury case, it is vital to hire a seasoned personal injury law firm to navigate and pursue the case. Qualified accident lawyers retain the proper knowledge, experience, drive, and resources to professionally investigate and manage an accident case, and fight an insurance company for the settlement their client deserves. With extensive trial and litigation experience, a personal injury attorney will know exactly how to negotiate with the insurance company. 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.

Indiana Personal Injury Lawyers You Can Trust

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering the full and fair compensation for your damages following a serious accident or injury in Indiana. Not only do our skilled Indianapolis personal injury lawyers offer free initial consultations, we never collect attorney fees unless we recover a settlement for you. Get started by scheduling your consultation, today.

Which Law Firm Should I Hire For My Indianapolis Personal Injury Claim?

Posted on February 25, 2020 by admin

When it comes to negotiating a full and fair settlement for your personal injury claim, there is no room for error. This is why you should retain the services of a professional and esteemed personal injury law firm that can fight for your rights to a full and fair outcome. But with so many accident attorneys in Indiana to choose from, how do you know which one is the best fit for you? The answer is quite simple. Choose the Indianapolis personal injury law firm that Hoosiers have relied on for their accident settlements for decades:

The Law Firm of Craven, Hoover & Blazek, P.C.

Continue below to learn what our esteemed Indianapolis personal injury law firm can do for you, and why you should choose us to represent you in your injury or wrongful death claim.

Why Choose Craven, Hoover & Blazek, P.C.

There are many choices around town for personal injury representation. But victims know who to turn to for aggressive and dedicated legal guidance. The Law Office of Craven, Hoover and Blazek has several decades of combined experience practicing personal injury law, and retain the knowledge and steadfast motivation to ensure you obtain the most full and fair settlement for your damages and losses. We are with you every step of the claims process, from the free initial consultation, to the final settlement or verdict.

You can trust that our law firm has the resources and skills to fight for your rights to full and fair compensation. We care about our clients’ rights and take their accident and injury cases very seriously. 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 at-fault party’s insurance company to settle out of court and pay you the compensation you deserve, we will file a lawsuit and take your case to court on your behalf.

Personal Injury Attorney Keith Blazek — Free Initial Consultations

Our Indianapolis personal injury lawyers understand that serious accidents are troubling and damaging 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. We encourage those who have been in an accident and suffered serious injury or harm to call our Indianapolis accident attorneys as soon as possible for legal advice. Be sure to act fast, before the state’s statute of limitations runs out, and you can no longer make a claim against an at-fault party. 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.

Schedule a Free, In-Person Consultation Today

Contact our Law Office today at 317-881-2700 and schedule a free initial consultation with a highly experienced Indianapolis injury attorney to find out if your injuries might entitle you to legal compensation in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain 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 free consultation, today.

What are Contingency Fees?

Posted on February 21, 2020 by admin

When you hire a lawyer, one of your first questions will likely be about fees. But the type of fee arrangement offered by a law firm will vary depending on several factors, including the type of law practiced, the individual preferences of a lawyer, the complexity of your case, and much more. Typical attorney fee arrangements include retainers, hourly rates, and flat fees, but for personal injury lawyers, the most common payment model used are contingency fees.

Continue reading to learn how contingency fees work and how much you can expect to pay attorney fees under this type of fee arrangement.

Personal Injury Attorney Law Firm 317-881-2700

Working on a Contingency Fee Basis

Lawyers who work on a contingency fee basis do not collect any type of payment upfront from a client. Instead, clients only pay their lawyers if they recover a settlement or judgment for them. Payments are conditional, or contingent, under this type of fee arrangement. So, if a lawyer does not win a settlement for their client, the client pays nothing to the lawyer for their services.

If a personal injury lawyer does recover a settlement for their client, the client will pay the initially-agreed upon lawyer fee, which is a set percentage of the total settlement or judgment value. In most personal injury cases, the industry average is about one-third/33.33% up to forty/40%.

Talk to Your Lawyer About Payments and Fees

Knowing the types of fees and prices for lawyers is an important part of choosing a legal team that fits your needs. It is encouraged to ask your lawyer questions about their fee arrangements and billing practices ahead of time so that you are better-prepared when the final bill comes and can fully-comprehend its charges. Also inquire about miscellaneous legal costs that might be expected.

A professional personal injury lawyer should always be fully transparent when disclosing payment and billing details to potential clients. Keep in mind that cheaper does not mean better when it comes to your legal representation.

Your Leading Indiana Accident Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury or wrongful death 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, as well as the surviving dependents in a wrongful death case.

FAQS About Motorcycle Accident Personal Injury Claims

Posted on February 18, 2020 by admin

Motorcycle accidents are vastly different from car accidents. On a motorcycle, a rider is radically more exposed to their surroundings, and therefore, more vulnerable. In the case of a collision, a rider can be subjected to an extensive scope of possible injuries and subsequent damages. From abrasions, burns, and contusions, to orthopedic injuries, internal organ damage, permanent disabilities, and even death, the potential harm that a motorcycle accident victim can experience is quite serious at any end of the spectrum.

If you were recently injured on a motorcycle as a result of another driver’s negligence, you could be entitled to certain compensation for your resulting damages and losses, such as pain and suffering, medical bills, and even lost wages from missing work. All you need is some more knowledge about filing a personal injury claim for your motorcycle accident.

Continue reading to learn more about motorcycle accident personal injury claims by reviewing these frequently asked questions, below.

Indianapolis Motorcycle Accident Attorney 317-881-2700

How Long Do I Have to Make a Motorcycle Accident Claim?

Here in Indiana, most personal injury claims, including motorcycle accidents, have a 2 year-to-date statute of limitations, but the time period can be substantially less depending on who the defendant is. Claims against governmental entities have to be made very quickly. This means that most claimants have 24 months from the date of their accident to make a personal injury claim against the at-fault party. If the statute of limitation runs out, there may be an option to have it extended, but this is only under very specific circumstances. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more about this topic. To avoid running out of time, it is vital that you speak with a seasoned Indiana motorcycle accident lawyer as soon as you are capable, following your accident.

What if My Passenger Was Also Injured in the Motorcycle Accident?

If your passenger also suffered serious injuries in your motorcycle accident, they too would be entitled to compensation for their damages and losses, such as medical expenses and hospital bills. However, their claim would be entirely separate from yours, as they would hire their own lawyer to file their injury claim against the at-fault party. Depending on the facts of the case, Craven, Hoover & Blazek, P.C. may be able to represent both driver and passenger and it can be advantageous to both operator and passenger for this to occur.

Will I Have to Go to Court for a Motorcycle Accident Claim?

Most personal injury claims are settled out of court. Although a seasoned and skilled personal injury lawyer is always prepared to take a claim to trial, they’re objective is to settle out of court for a full and fair settlement. Talk to your trusted accident attorney for advice on the best course of action for your Indiana motorcycle accident claim.

How Much Does a Motorcycle Accident Lawyer Cost?

Law firms collect their fees in a variety of ways. It can depend on the type of case, the lawyer’s experience and more. Common payment arrangements used by law firms and lawyers include hourly rates, flat rates, retainers, and contingent fees. Contingent fees are the most common form of billing practice used by personal injury law firms and attorneys. This payment arrangement works by not charging clients any retainers or upfront fees, but by collecting a percentage of whatever monetary settlement they recover for their client. Each personal injury claim is complex and unique, so the percentage collected upon judgment by a lawyer will vary from case to case. Craven, Hoover & Blazek, P.C. works on a contingent fee basis for our injured clients.

Where Can I Get Legal Advice in Indianapolis for My Motorcycle Accident?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a personal injury claim after being hurt in a motorcycle accident in Indianapolis, Indiana or anywhere in Indiana. Our seasoned motorcycle accident lawyers offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

The Difference Between a Reservations of Rights Letter and a Demand Letter

Posted on February 14, 2020 by admin

After being hurt in an accident that was no fault of their own, an injured victim will likely make a claim against the at-fault party’s insurance carrier in order to collect compensation for their damages, including property damages. Upon doing so, the first document they will send to the insurance adjuster is called a demand letter. Likewise, the first document they might receive in return from the insurance provider is called a “reservations of rights” letter.

Continue reading to learn the difference between these two documents, and how to ensure your claim is on the right track to a successful outcome.

Demand Letters

Initial demand letters are for property damages. Once an injured party has finished their medical care, a demand letter for personal injuries is sent.

After sustaining injuries associated with an auto accident that was the other driver’s fault, you may need to take charge fast in order to receive compensation for property damages, medical bills and emotional suffering. One strategy is to develop a solid letter of demand to the at-fault driver’s insurance carrier. A demand letter is a formally written memo that becomes the catalyst for negotiating compensation for the accident.

Demand letters are important ways to begin the negotiation process of a car accident claim. They can be complicated. Hiring a professional personal injury attorney who will write this demand letter is strongly advised for anyone involved in a personal injury auto accident case.

In the introduction of a demand letter, often times, stone-cold facts are the focus, rather than hear-say, opinions, and accusations. Facts and evidence are necessary to a personal injury auto accident case and any other case for that matter. Once the introduction segment of the letter is complete, the demand section follows. In the demand segment of the letter, facts and injuries, supported by the evidence, are set forth as well as a demand amount.

Reservations of Rights Letter

Once a personal injury victim files a claim with or against an insurance company, the first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. When victims receive a Reservations of Rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents.

Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A Reservations of Rights letter simply conveys to the claimant that the insurance provider for the at-fault party “reserves the right” to not pay for anything if the accident is not covered under the at-fault person’s or entity’s insurance policy. It also informs the claimant that they are still going to investigate the case to assess liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy.

How to Learn More About Your Indiana 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 unique Indiana personal injury claim. Our seasoned Indianapolis accident lawyers are ready and able to recover the full and fair compensation you deserve after suffering serious injuries in an accident that was not your fault. 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.

Tactics Used By Insurance Companies To Try To Lower Bodily Injury Settlements

Posted on February 11, 2020 by admin

When it comes to bodily injury settlements, the insurance industry wants to payout the lowest amount possible; and the tactics they use are exceedingly unfair and misleading. If you are involved in an accident claim, be sure you do not fall victim to insurance company tricks to settle low.

Continue reading to learn what you need to know about insurance settlement offers, including how to obtain the full and fair compensation you deserve.

Quick Calling

The most common and corrupt practice used by insurance companies to settle as low as possible is to contact a victim directly after their accident; usually within just a few days. Why is this unfair? Well, there is no way of telling just how extensive a victim’s damages are until they have reached maximum medical improvement (MMI). Until then, the damages can continue to add up. So, if a victim accepts a low offer upfront, before they have finished recovering, they risk making mere pennies compared to what their case is actually worth. An injury case should never be settled until a the injured person is completely healed and feels like they did before the injury or a doctor tells the injured party that they have reached MMI, which simply means the injured party has obtained as much improvement as they are going to with medical care.

Misdirection

Settling an accident claim out of court can be a complex process, and insurance companies sometimes use this to their advantage by confusing, intimidating, and manipulating claimants, in hopes that a victim will quickly accept their quick low-ball offer. For these reasons and more, hiring a personal injury lawyer to represent your accident claim and manage all insurance company negotiations is vital to your final settlement being complete. Without an accomplished legal team on the case, a victim has no way of knowing how to divert and dodge confusing insurance company tactics.

False Urgency

Although claimants have a generous amount of time to file a lawsuit, referred to as statute of limitations, insurance companies will operate as if time is running out and the claim must be settled as soon as possible. They will often urge victims to decide quickly, even implying that the offer won’t be on the table for much longer. The reality is, victims of general negligence have 2 years from the date of the accident, depending on whether or not the at-fault party is a governmental entity or not. All injured persons should consult with an attorney soon after their injuries occur.

No Attorney

Insurance companies do not want you to hire or even talk to an attorney. Insurance companies have their own attorneys on staff to assist their adjusters from day one in defending an injured party’s claim from the at-fault party’s perspective. Shouldn’t you have your own experienced trial attorney looking out for your best interests as well from day one? Absolutely.

Who to Trust for Expert Indiana Accident Claim Advice

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent personal injury accident claim in Indianapolis, Indiana. We represent the seriously injured and surviving loved ones in wrongful death cases throughout Indiana. Our experienced injury lawyers know exactly how to spot and navigate around insurance company negotiation tactics, and will recover the full and fair compensation you deserve using our adept legal knowledge and resources. We offer free initial consultations and work on contingency-fee basis, which means you pay nothing unless we recover a settlement for you. Get started by scheduling your consultation, today.

Can I Make An Injury Claim For My Hair Stylist Burning My Scalp?

Posted on February 7, 2020 by admin

Was your recent trip to the hair salon a full-blown disaster? If your scalp and the skin around your face are seriously burnt as a result of improper hair dyeing methods and/or misuse of products, can you make a claim against the salon or the stylist to seek compensation for your damages? Continue reading to learn how Indiana statutes and laws might provide relief under tort law principals for such cases.

Hair Salon Personal Injury Claims

In the case that you suffered serious burns, abrasions, or substantial hair loss as a result of your salon stylist’s negligent services, your claim would potentially fall under Indiana’s general laws of negligence. Negligence is general is defined as a failure to use reasonable care.

In order for it to be a valid claim, certain elements must exist. These include, but are not limited to:

❶ The stylist or salon owed the claimant a duty of care.

❷ The stylist or salon breached their duty of care by action or inaction.

❸ If it weren’t for the action or inaction of the stylist or salon, the claimant would not have suffered harm.

❹ The stylist or salon’s action or inaction was the proximate cause of the claimant’s injuries.

❺ As a result of the stylist or salon’s negligence, the claimant suffered damages.

You Must Prove Your Case

As the claimant, you (and your legal team) hold the burden of proving negligence (ie. the failure to use reasonable care) in order to be awarded a judgment for your damages and losses.

Do You Have a Valid Claim?

In the case of a hair salon, the primary questions are, “Did they owe you a duty of care?”, “Did they breach this duty of care?”, and “Did that breach cause you harm?” Hair salons and stylists are not always one party since many stylists rent booths at salons and sometimes operate as independent contractors. This factor can make such claims complex, so it is vital that you speak with a licensed Indiana personal injury lawyer for proper advice and legal guidance.

Legal Advice For Hair Salon Injury Claims in Indiana

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential burn injury claim with a licensed Indianapolis 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. 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.