Your First Steps in an Accident Claim

Posted on March 7, 2017 by admin

Personal Injury Law Firm 317-881-2700

Getting injured in an accident is a confusing and stressful time for anyone, including the loved ones in your life. It is common to feel a sense of incomprehension and uncertainty after suffering serious injuries in an accident that was not your fault. That is because your first priority was getting the proper medical attention you needed. And as soon as you are medically stabilized, you are faced with another priority: getting your life back on track. This can be very difficult to do, however; which is why it is strongly encouraged for accident victims to pursue compensation through a personal injury claim. You can recover financially to help pay for hospital bills and medical expenses, and even make up for lost wages and time off work.

Continue reading to learn what your first steps should be if you want to pursue a personal injury claim for your recent accident.

After Medical Stabilization

Once you have been treated medically, and you are in a place where you can make important decisions, you are ready to pursue a personal injury claim. Just remember, medical attention should always come first. And it is equally important to retain as much documentation of your primary medical treatment, hospital stay, and post-medical treatments. In fact, this is the first task on your list of steps.

First…

Collect all evidence and documentation (or as much as you can) concerning the accident, including pictures of the accident scene, surrounding obstructions or hazards, witness testimony, video footage, and police reports. Also collect all documentation regarding all of your medical treatment, including doctors’ statements, medical reports, surgeries, medications, and more. All of these documents and evidences will be used to prove the validity of your claim.

Next…

Write a personal report documenting and describing everything you’ve experienced, including the accident, your feelings, your injuries, your hospital experience, lost wages, time of work, medical bills, mental anguish, emotional issues, problems with your recovery, conversations you’ve had with the at-fault party, and anything else you can remember. This will help you remember all the facts, which is useful for building your case.

And Then…

Contact a personal injury attorney to begin developing your case. Be sure to choose an experienced law firm whose lawyers are well-versed in the type of accident you were involved in, as well as, experienced in trial and litigation. They will provide an assessment to determine how strong a case you have, and then move forward with filing the claim according to your state’s requirements. And personal injury attorneys generally work on a contingency-fee basis, meaning they do not collect lawyer fees unless they recover for you.

Indianapolis Personal Injury Law Firm

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you would like to file a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule your consultation with an experienced Indianapolis personal injury attorney, today.

3 Common Types of Nursing Home Abuse

Posted on March 1, 2017 by admin

Nursing Home Neglect Claims 317-881-2700

Putting our elderly loved ones into a nursing home is not an easy decision to make. But it is common to feel uncertain about nursing home care. Most families fear that their elders will experience loneliness and segregation, but what we don’t think about is another common nursing home issue: abuse. Unfortunately, nursing home abuse is a real problem in our country, so it is important to always be on the lookout for warning signs that your loved one is a victim of abuse.

If they are, they could be entitled to financial compensation to make up for their losses and damages accrued as a result of the abuse. There are several, if not infinite, ways for a resident to be abused in a nursing home. However, there are 3 primary types of nursing home abuse you should be aware of if you have loved ones in nursing home care. Continue reading to learn these common types of nursing home abuse, and what to do if you suspect your loved one is a victim.

Physical Abuse

Physical abuse is the act of intentional, non-accidental harm to a resident. It is the most evident form of abuse that can occur in a nursing home. The signs are easy to see, and a victim’s behavior is likely to change as a result. Common types of physical abuse include:

• Hitting
• Punching
• Punching
• Choking
• Shaking
• Aggressive Handling
• Force-Feeding
• Over-Medicating
• Burning
• Misuse of Restraints
• Confinement

The signs of physical abuse is easy to detect, and include bruising, flesh wounds, scarring, orthopedic injuries, and other visible forms. But there are other signs of physical abuse that are not so evident, such as fear, anxiety, depression, verbal regression, and more.

Financial Abuse

Although this is not commonly thought of, nursing home residents often find themselves victims of financial abuse, and many other times, they are completely unaware until it’s too late. Financial abuse to nursing home residents can come at the hands of employees or even fellow residents. Here are common examples of financial abuse in a nursing home:

• Stealing Cash or Property
• Unauthorized Cashing of Checks
• Misusing Credit Cards
• Identity Theft
• Forgery
• Deceiving Victim into Signing Legal Documents
(i.e. power of attorney, contract, will, etc.)
• Abuse or Improper Use of Conservatorship

Signs of financial abuse could come in the form of unexplained cash withdraws, missing belongings, unaccounted for bank charges, change in credit score, additional names on bank accounts or legal documents, unpaid bills, overdrafts, forged signatures, or abrupt changes in wills.

Emotional Abuse

Some forms of abuse are harder to see, and this is the case with emotional abuse. And even though it is more difficult to detect, it is just as damaging as all other forms of abuse. Generally, signs of emotional abuse are present, but only detectable if you are looking for them. Common types of emotional abuse in a nursing home include:

• Yelling
• Insulting
• Threats
• Harassment
• Ridiculing
• Infantilizing
• Isolation

Signs that a resident is being emotionally abused by staff or other members of the home can come in the form of anger, agitation, anxiety, depression, social withdraw, unwarranted fears, regressive behaviors like rocking or nail-biting, self-inflicted wounds, non-communicative, and more.

Indianapolis Nursing Home Abuse Lawyers

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a nursing home neglect claim in Indianapolis, Indiana. Our seasoned personal injury attorneys are eager to help you and your family recover compensation for the damages and losses accrued as a result of nursing home abuse. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with an experienced Indianapolis accident attorney, today.

Who is Liable for Public Park Accidents and Injuries?

Posted on February 20, 2017 by admin

Personal Injury Law Firm 317-881-2700

Now that the weather is getting warmer, Hoosiers are taking full advantage of public parks all across the state. These amenities are cherished parts of our neighborhoods and communities because they promote fun and healthy outdoor activity, such as walking, jogging, biking, fishing, sports, playing, and more. And the best part is, they are free to enjoy! But visiting our local parks comes with a certain level of responsibility.

It is important to take necessary precaution in order to prevent serious accidents and injuries. In the case that you or someone you love is injured at a public park, it is helpful to know who is liable for the damages and losses resulting from the accident. Continue reading to learn about public park liability, and your rights to compensation as an injured victim.

Public Park Accidents

There are several ways a person can get hurt at a public park. But the most common accidents include slip and falls from wet surfaces, slippery rocks, unstable bridges and platforms, unleveled steps and staircases, broken ladders, and defective playground equipment. But there are other common public park injuries too, such as flesh wounds, cuts, splinters, animal bites, rashes, and more. In more serious cases, there have been hit and run accidents, drowning accidents, tree climbing accidents, cliff jumping accidents, and more.

Public Park Liability

Personal Injury Law Firm 317-881-2700

Public parks are generally the property of the state, meaning the local government is responsible for them. Accordingly, the government is protected by a separate set of laws that relieves them of certain liability for accidents and injuries that occur on government grounds. This makes it extremely difficult to win a claim against a government-owned public park; however, it does not mean that it is impossible.

The state has a responsibility to keep citizens safe by maintaining hazard-free premises. If an accident occurs out of negligence on behalf of the state, the park may be liable to some extent, especially if the state knowingly neglected a hazard that caused the victim their injuries and subsequent losses.

Suing the Government

Suing the government is a very different process than suing a regular person or entity for a serious injury. The process is more complex, and follows an entirely separate judicial process. For this reason, it is vital to retain the services of an experienced personal injury attorney. They have the knowledge and resources to effectively navigate your claim and recover the full and fair compensation you are owed.

Indianapolis Personal Injury Law Firm

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were injured at a public park in Indianapolis, Indiana. Our personal injury attorneys have extensive trial and litigation experience, and know how to recover the compensation you deserve. Our Indianapolis personal injury law firm offers free initial consultations and never collects attorney fees unless we win your settlement. Call 317-881-2700 to schedule your consultation with a licensed accident attorney, today.

The 6 Elements of a Prescription Medication Malpractice Lawsuit

Posted on February 14, 2017 by admin

Medical Malpractice Lawyers 317-881-2700

If you’ve ever been prescribed medication, you are likely familiar with the fact the most come with side effects. What you may not know is that these side effects must be properly disclosed, considered, and administered by a doctor and pharmacy, otherwise, it could be basis for a medical malpractice lawsuit in the case that a patient suffers serious injury as a result of taking the medication.

Medical malpractice lawsuits are among the most complex and the most serious personal injury cases, and they vary greatly from case to case. But overall, there are 6 elements that must be true to the case in order to have grounds to sue for medical malpractice. Continue reading to learn the legal duties of physicians who prescribe medicines, as well as, the 6 elements of a prescription medication malpractice lawsuit.

Side Effects

Side effects are symptoms that occur unrelated to the original condition as a result of taking a certain prescribed medication. There are several types of side effects, ranging from minor to serious. Minor side effects may include nausea, fatigue, temporary rash, irritability, and dry eyes. But depending on the type of medication, there are also several types of serious side effects, like organ damage, organ failure, depression, suicidal thoughts, and more.

Doctor’s Duty of Care

When it comes to prescribing medicine, pharmaceutical companies, doctors, and pharmacists have a responsibility to implement the prescription medication process properly to prevent harm or death to the patients taking them. In fact, there are 3 specific assessments they must make when making prescribing medication, including:

☤ The risks and advantages of taking the medication in relation to a patient’s overall health;

☤ The effects of taking the medication in combination with all other medications a patient is taking;

☤ The known side effects of the medication in question.

On top of the above assessments, Doctors must be sure to properly fill out a prescription, while nurses must properly administer the correct dosages if patients are receiving an injection in the doctor’s office. As for pharmacists, they have the legal responsibility to read the written prescription correctly and fill it with the accurate amounts and dosages using the proper protocol.

Prescription Medication Malpractice

Medical Malpractice Lawyers 317-881-2700

When a medical professional fails to abide by the above-mentioned protocols and responsibilities, a patient could have legal grounds to sue for medical malpractice if certain elements of their situation are true. If the victim and their legal team can prove that these elements exist, they could win their lawsuit and be awarded compensation to cover their losses and damages. These 6 elements include:

① It must be proven that the patient took the medication strictly according to the directions they were given by either the doctor or pharmacist.

② If a patients injuries stemmed from a “failure to warn”, they must prove that the medical professional did not use proper protocol to inform them of the side effects of using the prescribed medication.

③ If a patients injuries stemmed from an “improper dispersal”, they must prove that the pharmacist made an error by dispensing the incorrect medication or improper dosage.

④ If a patients injuries stemmed from an “incorrect administration”, they must prove that the medical professional improperly administered the medication, such as improper injection or administering the wrong medication or dosage. (This would be grounds to sue the hospital, not the medical professional.)

⑤ A patient will need expert testimony to prove the connection between the medical error and their resulting injuries.

⑥ A patient must prove that the medical error was the direct cause of their injuries and losses compensable under law.

Indianapolis Medical Malpractice Lawyers

Personal Injury Attorneys 317-881-2700

If you believe you are a victim of a medical error, contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your personal injury claim. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to speak with our seasoned Indianapolis medical malpractice lawyers, today.

Can I Sue if I Am Partly to Blame for My Personal Injury?

Posted on February 8, 2017 by admin

Personal Injury Law Firm 317-881-2700

When a person is seriously injured in an accident by another person, they can be entitled to compensation for their losses and damages. But what happens if the personal injury victim is partially at-fault? In Indiana, there is an area of law that covers this topic. It is called comparative and contributory negligence, which we will discuss it further in detail, below. Continue reading to learn more about the Indiana comparative fault rule, and what to do if you are partially at-fault for an accident that caused you serious injury.

Indiana Comparative Fault Rule

IC 34-51-2-6

Indiana Code 34-51-2-6 states that, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.” This means that if a victim is no more than 50% responsible for the accident and subsequent injuries, they can sue their opponent for compensation to cover medical expenses, hospital bills, lost wages, and more. But if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. But they may be able to collect from their own insurance company. The Indiana comparative fault rule is intended to reduce the amount of damages in accordance to the amount of fault the victim contributed to an accident.

Common Scenarios

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

The most common types of accidents that involve contributory negligence are slip and falls and car accidents. Here is an example of how it could happen: Gerry is a little late to work, so he is driving a few miles over the speed limit. Then, a truck at the adjacent street turns left in front of him, resulting in a collision. Since Gerry was speeding, he is found to be 30% responsible, while the truck driver is found 70% responsible. So if the total amount of damages equals $20,000, Gerry would likely receive 70 percent of that total ($14,000) instead of the full amount.

There are various circumstances that can place blame on a personal injury victim. In the case of slip and fall accidents, property owners can refute their share of blame with these common arguments:

➨ The dangerous condition should have been obvious.
➨ The dangerous condition was blocked off by signage, cones, and tape.
➨ The victim was in an unpermitted area, or area where visitors are not allowed.
➨ The victim was wearing inappropriate footwear (i.e. high heels, defective shoes, etc.)

In the case of motor vehicle and pedestrian accidents, these arguments could be made to place fault on a victim:

➨ The victim was using their cell phone while driving.
➨ The victim was using their cell phone while walking across a street.
➨ The victim was inebriated.
➨ The victim crossed the road illegally.

If It Happens to You

Contact a licensed personal injury lawyer if you were involved in an accident that caused you serious injuries. They have the knowledge, experience, and resources to protect your right to compensation. They will use every strategy possible to reduce your liability in an accident.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indiana. We are seasoned Indianapolis personal injury attorneys who want nothing more than to recover the full and fair compensation for accident victims across Indiana. 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.

Are You Responsible if Another Person Drives Your Car and Causes an Accident?

Posted on February 1, 2017 by admin

Car Accident Lawyers 317-881-2700

The primary dispute after a car collision is determining who was at fault, namely, who is liable for the damages and losses suffered by those involved in the accident. In most cases, the person who was reckless or negligent is the at-fault party, however, cases can be more complicated than that. Sometimes, a manufacturer defect in a vehicle, stoplight, or some other commodity can be to blame. But regardless, there is always someone, either person or entity, blameworthiness.

If it is not an entity or company of some sort, it is usually pegged on the negligent driver. But what if someone else was driving your car? Would you be responsible for any damages they inflict on another if they were to be involved in a car accident? Continue reading to learn the various scenarios of liability.

Vicarious Liability

Car Accident Attorneys 317-881-2700

In the case that another person drives your vehicle and causes an accident, you could be held responsible for the financial damages and losses incurred to the victims involved. You could be sued for negligence even if you weren’t in the vehicle at all. To better understand this duty of care, you must understand vicarious liability.

Vicarious liability is a form of imputed negligence that results when two parties have a relationship, such as parent-child, employer-employee, teacher-student, and so forth. In such relationships, one person’s actions can actually be another person’s legal responsibility. In the case that you loan your vehicle to someone within such a relationship, you could face consequences for their actions under Vicarious Liability Law.

Kids Driving Parents Car

If you are a parent that allows your child to drive your vehicle, keep in mind that you are the perfect candidate for vicarious liability. In many states, there is a law called “Negligent Entrustment”, in which the “entrusters” (the parents) entrusts their minor to operate their vehicle knowing they are in some way incompetent (i.e. unlicensed, underage, reckless, inexperienced, etc.). There is another law called the Family Purpose Doctrine, which holds the parents liable for any damages caused to another as a result of their child driving their vehicle, regardless if they were given permission or not. However, these law vary from state to state.

Negligent entrustment law also applies to other people outside of family. If you knowingly allow another person to operate your vehicle who is incompetent or unfit in some way, you will be responsible for any accidents they cause.

Employees and Employers

Under vicarious liability law, employers are liable for any negligent driving the takes place by an employee while performing work-related duties. For instance, if a pizza delivery driver is delivering a pizza on the clock, but runs a red light and collides into a van full of people, the employer is responsible for all damages and losses sustained by the victims of the accident.

When it comes to car accidents, liability, and compensation, it is important to discuss these concerns with an experienced personal injury attorney. They can help you determine what rights you have to compensation after being negligently injured in an accident that was no fault of your own.

Indianapolis Car Accident Attorneys

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with one of our seasoned Indianapolis car accident attorneys, today. Personal injury litigators, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the full and fair compensation you deserve. Call 317-881-2700 to request an appointment to discuss your car accident injury claim in Indianapolis, Indiana.

Proving Libel or Slander in a Defamation Lawsuit

Posted on January 24, 2017 by admin

Personal Injury Lawyers 317-881-2700

What protection do we have against those who wish to harm us, not physically, but in terms of our reputation and personal contentment? The answer: defamation laws. Defamation laws are set to protect individuals and entities (i.e. companies, organizations, corporations, etc.) from false statements that can harm or damage their repute. Although there are infinite ways to make such statements, defamation of character can fall into one of two categories (or both) that you are probably familiar with: Libel or Slander.

Libel refers to harmful statements that can be seen, such as a written publication. Slander, on the other hand, refers to defamatory statements that are heard, such as an online video or radio broadcast. Continue reading to learn more about libel and slander, and how to prove fault in a defamation lawsuit.

Defamation Laws

It is an on-going struggle for courts to determine which statements are defamatory since the possibilities are endless. In common law, a defamatory statement is a published communication (either radio, written, or video) that tends to harm an individual’s reputation by lowering them in the estimation of their community or deterring third persons or entities from associating with them. This is according to the American Restatement of Torts, or “The Restatement.”

Proving Fault for Libel or Slander

Personal Injury Lawyers 317-881-2700

Under tort law, the plaintiff holds the burden of proving their opponents fault in a defamation case. For this reason, it is vital to retain the services of a seasoned personal injury attorney for safe, secure, and strategic representation. They have the knowledge, experience, and resources to win the jury’s vote and protect a person’s rights to compensation. In order to prove their defendant’s fault, a victim must prove 4 specific elements:

❶ It must be proven that the defendant made a statement that was false and defamatory to the plaintiff.

❷ It must be proven that the defendant made the defamatory publication to a third party.

❸ It must be proven that publishing the communication was an act of negligence on the publisher’s behalf.

❹ In some cases, the plaintiff must prove special damages. They must show how the defamatory statement or publication caused harm to their reputation and/or well-being.

Indianapolis Personal Injury Lawyers

Personal Injury Attorneys 317-881-2700

It is important to discuss your concerns about any serious harm you’ve experienced as a result of another’s negligence with a seasoned personal injury lawyer who can help you understand your case. Just call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and look forward to helping you with your claim. Call 317-881-2700 to get started today.

Craven, Hoover, and Blazek P.C. is the Personal Injury Law Firm That Truly Cares about Helping Accident Victims in Indiana

Posted on January 20, 2017 by admin

Choose an Indianapolis Personal Injury Lawyer That Has Your Best Interests at Heart.

Here at Craven, Hoover, and Blazek P.C., we are a seasoned Indianapolis law firm that concentrates on personal injury law and wrongful death. Our personal injury law office is conveniently located on the South side of Indianapolis off of Meridian Street, in between West Southport Road and West Meridian School Road. No matter which side of town you are coming from, our location makes it easy for clients to find us for consultations and appointments.

Wide Range of Practice Areas

Since the inception of our law firm, Craven, Hoover, and Blazek P.C. has been helping Hoosiers recover the fuel and fair compensation they deserve after being injured in an accident that was no fault of their own. We are involved in several practice areas, ranging from serious injury cases like wrongful death and brain injuries, to motor vehicle accidents, slip and falls, workers’ compensation, and much more. We provide their services to residents all across Indianapolis, and throughout Indiana.

Regardless of where your accident took place in the state, our seasoned lawyers are here to help you get your life back on track financially. We are a very compassionate law firm that is dedicated to helping people recover damages, lost wages, and out-of-pocket costs resulting from a personal injury accident. We are well-versed and experienced in personal injury law, and can meet with clients at any time for a free consultation.

Easy Scheduling and Sincere Client Support

The lawyers at Craven, Hoover, and Blazek P.C. make it easy for new potential clients to communicate with the law firm. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will meet potential clients from anywhere in Indiana! Visit our personal injury website for more information about our practice areas, credentials, and more. For anyone that wishes to file a personal injury claim, contact us today at 317-881-2700 and get started on a path to get your life back on track after a serious accident.

Are You a Bicycle Accident Victim That Was Injured By a Negligent Driver?

Posted on January 16, 2017 by admin

Indianapolis Bicycle Accidents

Bicycle Accident Lawyer Indianapolis Indiana

Bicycle Accident Lawyer 317-881-2700

Unfortunately, bicycle accidents are moderately common throughout the United States; and a large percentage of these accidents are caused by motor vehicles and negligent drivers. In fact, according to a 2008 data log from the NHTSA (National Highway Traffic Safety Administration), nearly 53,000 bicyclists were injured in traffic accidents since the year 1932. From this number, more than 700 of these bicyclists were killed; and even more disturbing, 13 percent of those killed were children. 25% were injured
children on bikes.

Negligent Drivers

When a person is injured while riding a bike, and the injury was caused by negligent driver, this rider may be entitled to compensation for their injuries and damages. Bicycle accident victims that were injured as a result of another person’s negligence can pursue a lawsuit and most likely win the case. This is because cyclists have rights on biker-friendly roads. Drivers on these roads need to be respectful of bikers and drive cautiously around them. A bicycle accident lawsuit largely depends whether or not this person seeks professional legal counsel to properly file claim against the negligent party. It is always highly recommended to consult a highly accomplished and experienced bicycle accident injury attorney for accurate information about filing personal injury claims and lawsuits. Accomplished and reputable law firms never charge attorney fees unless they prevail in a settlement or trial, and first consultations should always be free.

Bicycle Accident Claims

Bicycle Accident Lawyer 317-881-2700

There are a few scenarios in circumstances that can set back a bicycle accident personal injury claim in negotiations or trial. For example, if a person decides to ride the bicycle at night without proper reflective lights or attire, they can be liable for their own damages if injured by a motorist. Also, if a person riding a bike sales to obey the rules of the road and then suffers injuries in a bicycle accident, they can also be liable for their own damages.

On the other hand, if the driver fails to obey the rules of the road and hits a bicyclist, the bicyclist may be eligible and entitled to legal compensation. No matter if the driver was under the influence of a certain substance, texting and driving, disobeying traffic signs are lights, or simply not paying attention, they can still be held responsible in a court of law for hitting and harming a cyclist on the road.

Indianapolis Accident Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a bicycle accident injury claim in Indianapolis, Indiana. Remember, if you are loved one were hit by motorist and injured, you may be entitled to compensation for your damages and losses. Act fast so that Indiana’s statutes of limitations doesn’t pass you by! The majority of accidents caused by negligent drivers are taken to court and won successfully. If you are bicycle accident victim, schedule a free initial consultation with one of our experienced Indianapolis accident attorneys to assess whether or not you have a case. And we never collect lawyer fees unless we recover compensation for you.

Experience You Can TRUST

Personal Injury Lawyers Indiana 317-881-2700

Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive litigation and trial experience for various personal injury practice areas, and we can pursue remuneration for numerous damages, such as medical expenses, hospital bills, lost wages, wrongful death, mental anguish, pain and suffering, scarring and disfigurement, loss of love and companionship, loss of ability to work, and much more.

Contact us today at 317-881-2700 to schedule your free initial consultation and determine whether or not you are eligible for compensation from suffering damages from a bicycle accident in Indiana.

Common Strategy Used By Insurance Companies to Assign a Dollar Amount for Pain and Suffering

Posted on January 9, 2017 by admin

Personal Injury Lawyers 317-881-2700

If a person, company, or manufacturer was negligent to the point that serious injury was caused to an innocent person, the victim could seek compensation from the negligent party’s insurance company for their resulting damages and losses by filing a third-party claim. Standard damages and losses include hospital bills, medical expenses, lost wages (time off work), and other common types of economic losses that can be calculated financially.

But often, the victim sustains more than just economic losses after being carelessly injured in a negligent accident that was no fault of their own. This is referred to as “pain and suffering” and includes non-economic losses such as actual pain, prolonged pain, prolonged physical therapy, emotional anguish, mental trauma, permanent disfigurement, loss of limb, loss of companionship, loss of professional licensing, loss of ability to work, reduced quality of life, and much more. You see, an injury causes much more grief and struggle than just financial loss.

Determining “How Much” for Pain and Suffering

Because every case has its own unique merits and circumstances, they all differ in terms of negotiating and settling on an amount for all losses and damages. Sometimes the recovery for the pain and suffering portion of a victim’s compensation is small, and sometimes it is significant. It all depends on the amount of proof and evidence their legal team can come up with to defend their right to compensation, as well as, several other legal factors. It is best to discuss your right and limits to compensation with an experienced personal injury attorney who can provide accurate information and professional counsel.

Indianapolis Accident Lawyers 317-881-2700

Although it is virtually impossible to say exactly how much pain and suffering earns a victim in a personal injury case, there is a common strategy used by insurance companies to estimate the amount of compensation the victim is owed for their pain and suffering. It is important to take note that not every insurance company uses this strategy, and that there are several other strategies used to calculate accident settlements. For a general idea of how its commonly done, take a look below at the example.

Calculating Pain and Suffering

It is common for insurance companies to use a scale to calculate the amount owed for pain and suffering. They add up all of the victim’s actual financial losses, and then they determine how severe the victim’s injuries were on a scale 1 through 5 (this range varies). Then they multiple the total amount of financial losses by the number on the scale that best represents the severity of the victim’s accident and subsequent injuries. Here is an example:

Financial Losses:

Medical Expenses – $2,000
Hospital Bills – $13,000
Lost Wages – $3,000
Total = $18,000
Severity of Injuries: 4
$18,000 x 4 = $72,000
Compensation Added for Pain and Suffering = $54,000

There are Various Possibilities

Keep in mind that the above is just one example of how an insurance company might calculate pain and suffering on top of financial losses. There is far more to the equation in almost all cases. This is only intended to provide you with a basic understanding. Talk to an attorney for details about your specific case.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indiana 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have practiced personal injury law for over 20 years. Also, our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you! Call 317-881-2700 to schedule a consultation with a licensed and compassionate Indianapolis accident attorney, today.