The Most Serious Types of Car Accident Injuries

Posted on October 3, 2016 by admin

Car Accident Injury Lawyers Indiana 317-881-2700

Serious car accidents can lead to serious injuries; ones that place victims in the emergency room and even the mortuary. For this reason, driver, passenger, and automotive safety is critically important to protecting lives. When people are involved in traffic collisions, they can sustain a wide range of injuries, from superficial to severe. Superficial injuries generally recover within days with little-to-no medical treatment, such as minor bruises and airbag abrasions.

However, car accidents can result in serious injuries that require immediate emergency medical attention in order to prevent serious consequences and death. The most common types of serious car injuries range from serious to extremely severe, including whiplash, concussions, orthopedic injuries, and more. Continue reading to learn which car accident injuries are the most serious, and most common.

Severe Traffic Collision Injuries

Car Accident Injury Lawyers Indiana 317-881-2700

The most serious of injuries sustained from car accidents can lead to death if ignored and untreated, while many others can lead to death regardless of all the medical efforts made. If your loved one was recently killed in a car accident as a result of anothers negligence, contact a personal injury lawyer as soon as possible to file a wrongful death claim before the statute of limitations runs out in your state. They can recover compensation to cover funeral expenses, hospital bills, lost wages, loss of companionship, and more.

Serious Car Accident Injuries:

Compound Fractures – When a broken bone breaks through the skin and causes severe bleeding. This injury comes with a high risk of infection since the bone is exposed.

Tissue De-Gloving – When a portion of the skin is removed or torn off from the underlying tissue. This is common in motorcycle accidents.

Amputations – De-gloving injuries and more can lead to amputations of injured or affected extremities. Common amputations include ears, fingers, toes, hands, feet, arms, and legs.

Concussion – When the brain comes into contact with the inside of the skull as a result of a heavy impact or blow to the head. Concussions range from minor to severe. But severe concussions can lead to brain damage, internal bleeding, comas, and even death.

Brain Damage – Closed-head trauma. Brain damage can range in severity, but can cause cognitive impairment, learning disabilities, paralysis, blindness, and more.

Ruptured Organs – When an organ endures a heavy impact that causes it to tear. Rupture organs lead to internal bleeding in most cases. The most common include lungs, kidneys, and spleens.

Internal Bleeding – Internal hemorrhaging is blood loss that causes the accumulation of blood collecting inside the body cavity.

Coma – A state of unconsciousness that lasts more than 6 hours. It mainly occurs as a result of a heavy blow or impact to the head that injures the cerebral cortex or reticular activating system in the brain stem.

Car Accident Injury Lawyer

If you or someone you love was recently involved in a traffic accident and suffered serious injuries, you need to start thinking about your rights. When you are faced with confusing paperwork, expensive hospital bills, and aggressive interrogation from insurance adjusters, you need a personal injury law firm to help provide proficient guidance and legal support. A car accident injury lawyer can be the ones to handle all aspects of your injury claim, and potentially recover the full and fair compensation you deserve after suffering serious injuries from a car accident that was not your fault.

Indianapolis Personal Injury Attorneys

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need a car accident injury lawyer in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover the full and fair compensation you deserve. 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 personal injury attorneys, today.

Can I Sue Someone for Harming My Credit Score?

Posted on September 27, 2016 by admin

Personal Injury Lawyers Indiana 317-881-2700

In today’s economy, a person’s credit score is a significant asset. When good, they open people up to more opportunities and a better quality of life. But when poor, credit scores can cause people to struggle with various aspects of living. Bad credit can make it difficult, or even impossible, for someone to get approved for loans, rent a home, finance a vehicle, and even get considered for certain promotions at work. While on the other hand, good credit can provide a way of living that is much more comfortable.

Needless to say, credit ratings play a major role in our everyday life, so it is natural to feel protective of yours. And unfortunately, this is a valid concern. Stolen credit cards, identities, and other types of fraudulent crimes are common these days, and can destroy a person’s credit rating. But if this ever happens to you, there may be a way to recover for any damages or losses incurred as a result. Although challenging, it is possible to sue a person for injuring your credit score. Continue reading to learn more about suing for damaged credit scores.

Proving Damage

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It is not easy to win a damaged credit claim because there are several facts you must prove. And the most challenging fact to prove is how much the damage cost you. It is tough quantifying the harm done to you as a result of damage to your credit score. It takes a highly-creative and experienced personal injury attorney to figure out a valid way to quantify the damage in a dollar amount, and then prove the remaining factors, including:

➢ The person or entity owed you a duty of care;
➢ They breached that duty of care;
➢ The breach caused harm to your credit rating;
➢ The harm to your credit rating caused you to suffer damages or loss.

For Example…

❝ Vicky warned a large-chain clothing store that she was not applying for a line of credit after discovering that a thief was attempting to do so using her identity. The store ignored her warnings and continued to allow the thief to inquire about a line of credit using Vicky’s identity. While this was happening, Vicky was applying for a loan to buy a new house. But her credit rating was plummeting due to the activity caused by the thief. Since the store did not do anything to prevent the thief from damaging her credit after repeated warnings, she sues the chain store for negligence. She might have a good shot at winning since she was applying for a mortgage loan at the same time.❞

It is important to discuss your credit damage with an experienced personal injury lawyer. They have the proper knowledge of the law to determine whether or not you were owed a duty of care and if that duty was breached. If so, they have the experience and skills to prove that breach caused you harm.

Indianapolis Accident Attorneys

Personal Injury Lawyers Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an Indianapolis accident attorney about your personal injury claim in Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned injury attorneys that will recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule a consultation with a licensed personal injury lawyer in Indianapolis, IN today.

The Legal Concepts Surrounding Libel, Slander, and Defamation of Character

Posted on September 22, 2016 by admin

Defamation Lawyers 317-881-2700

When someone’s words, whether written or spoken, causes harm to another person’s reputation or source of revenue, it is a civil wrong referred to as defamation. This area of the law provides relief for those victimized by defamatory statements, which can be recovered with the help of a personal injury lawyer. There are infinite examples of how a person can defame another person, but all defamation of character examples will fall under one of two categories, or sometimes even both.

The categories of defamation are libel and slander. Continue reading to learn the difference between libel and slander, and what you need to prove to win a defamation of character injury lawsuit.

Libel

Libel is a term used to describe written defamatory statements. With the innovative advancements in communication and technology, there are many ways a person can commit this civil wrongdoing in today’s society. It is possible for a person to write something derogatory or defamatory about someone else in letters, email, blog posts, social media posts, chatrooms, online forums, books, magazine publications, newspapers, flyers, posters, comments to online posts, and much more. And anyone who does make libelous statements about another person can be sued for defamation of character. An example of libel would be writing a rumor-based blog post about someone, accusing them of illegal misconduct that was untrue.

Slander

Personal Injury Lawyers Indiana 317-881-2700

In contrast to libel, slander refers to spoken defamatory statements. Verbalized defamatory statements to any third party other than the verbalizer and the victim are considered slander. Because it is so easy to talk, slander can be easily committed. And if victims can prove that a person’s slanderous statements caused their reputation or source of income harm, they can recover remedies under civil law.

For instance, if a professional athlete’s ex-manager spreads false rumors of him using illegal supplements among his group of teammates and coaches, and as a result he loses certain endorsements and forced to go through an investigation in the public eye, it would be considered slanderous.

Proving Defamation

Having an opinion is not defamation. A person can “qualify” their statements by saying, “I think” or “In my opinion”, thus protecting them from accusations of defamation. For instance, if a student writes a comment on a blog post about a teacher at their school saying, “I think Mrs. Rogers is having an affair with the Vice Principle”, this would not be considered defamatory. A defamatory statement must be a statement of fact. So in this same example, the student’s statement would be defamatory if it said, “Mrs. Rogers is having an affair with the Vice Principle.” It is important to hire an experienced Indianapolis personal injury lawyer if you believe you or someone you love has been victimized by defamation of character wrongdoings. They have the knowledge, experience, and determination to recover the full and fair relief you deserve as a victim of slander or libel.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a defamation of character claim in Indianapolis, Indiana. Our seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek stop at nothing to ensure your family finds relief after suffering damages from slander or libel. We offer free initial consultations, so there is absolutely no out-of-pocket obligation to discuss your incident and options. And we never collect attorney fees unless we prevail for you! Call 317-881-2700 to set up your free consultation, and speak with Indianapolis
personal injury attorneys you can trust.

Legal Liability for Prescription Drug Overdoses

Posted on September 13, 2016 by admin

Personal Injury Law Firm 317-881-2700

When a person overdoses on prescription drugs, there are many questions about who’s to blame for their residual complications or death. Families who are dealing with this unfortunate and common tragedy want to know if there is anyone that should be held liable for their loved one’s overdose. The drug dealers? The doctors? Peers? Perhaps the drug manufacturer? If you are questioning whether or not you can sue for your loved one’s overdose, then it is important to learn about the liability surrounding the epidemic.

Who is Liable?

Because prescription drug use is becoming a dangerous and frequent hobby amongst people of all ages, there are many illegal activities surrounding the acquisition of such drugs. For instance, many patients who were initially prescribed a prescription drug for a medical purpose, may want to continue using the drug even after their prescription runs out. In this case, they would search for ways to purchase their medication illegally. This is usually done via drug deals.

Another common method for acquiring prescription drugs is to forge prescriptions, manipulate doctors into prescribing the drug over and over again, or jump from doctor to doctor for the same prescription. Users have also stolen prescription drugs from others who are rightfully-prescribed, such as people with disabilities or elderly persons.

Drug Dealers

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Since there are various ways for users to acquire prescription drugs, both legally and illegally, it can be difficult assigning liability to a person or entity. For example, if a user overdoses on a prescription drug they have acquired through a drug dealer, the dealer may be arrested and charged with murder, manslaughter, or drug trafficking.

But since the initial act of acquiring the drugs was illegal, a person cannot collect compensation for a wrongful death or overdose. And in most cases, drug dealers are not arrested for these kinds of charges because they do not have a documented paper trail for their sales, unlike doctors.

Doctors and Pharmacists

In some cases, health care providers and pharmacists may be held accountable for a drug overdose if they were negligent in seeing a pattern of abuse, or continued to prescribe the medicine without proper evaluations and dosage supervision. These parties have a duty of care to recognize past drug use and monitor prescription drug use, as well as, be on the lookout for illicit activity. However, it is rare to be able to sue doctors and pharmacies for a drug overdose since it is highly complex to prove that the victim’s overdose was a direct cause of a healthcare provider’s negligence. There are many questions that can evade liability of a doctor or pharmacist: To what extent was their overdose related to the healthcare provider? And to what extent was the overdose caused by other factors?

It is imperative to consult a personal injury lawyer to discuss your options for compensation after a loved one overdoses on prescription drugs. With so many complex details surrounding such cases, you need an experienced accident attorney to support your efforts and recover the truth.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to recover the full and fair compensation victims deserve after being wrongfully injured. Not only do we offer free initial consultations to discuss your claim, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with an Indianapolis personal injury attorney, today.

3 Lies About Slip and Fall Accident Cases

Posted on September 7, 2016 by admin

Indianapolis Slip and Fall Lawyers 317-881-2700

In the field of personal injury law, slip, trip, and fall cases add up to a significant amount of claims. From wet floors and icy sidewalks, to unleveled concrete and frayed carpeting, slip and fall claims are wide-spread, which means there are several ways a person can sustain serious injuries. As one of the most common personal injury claims, it’s not surprising that there are a few myths surrounding such cases that might confuse the average slip and fall victim.

So to protect yourself and gain clarity, it is wise to learn the truths to these falsehoods. Continue reading to learn the three most common lies about slip, trip, and fall accident claims.

Slip and Fall Myths

❶ You Don’t Have a Case.

Because injury cases can be so complex, many victims are unclear about another’s liability or duty of care. This leads them to believe anyone that tells them they probably don’t have a case. But there are so many minute and complex details that go into the investigatory process of an accident claim, that a person cannot always trust the legitimacy of a slip and fall case at first-glance. This is why you need to consult a personal injury lawyer.

❷ A Warning Sign Was Posted, So You Can’t Sue.

Although a warning sign is standard procedure to alert others of a potential hazard, it does not always exclude a person or entity’s responsibility in a slip and fall claim. There are several other details that go into accidents such as these, and a sign is not enough to entirely eliminate liability.

❸ You Can Only Recover for Economical Losses.

Many slip and fall victims also become victims of this common lie. In personal injury cases, victims can recover compensation for more than just hospital bills, medical expenses, and lost wages. Depending on the severity of the injuries, the extent of negligence, and more, a court can also award compensation for non-economic damages and even punitive damages if the negligence was egregious.

Consult a Personal Injury Lawyer

With so many myths surrounding slip and fall claims, and since they greatly differ individually, it is important to retain the services of an experienced personal injury lawyer that focuses on slip and fall accident cases. They can thoroughly assess your accident and determine whether or not you have a valid claim. If you do, they will represent your case without collecting a single dollar until they prevail for you. This is called a contingency-fee basis, which you can learn more about here.

The Law Office of Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about slip and fall injury claims in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, concentrate on slip and fall accident cases. Our personal injury law firm offers free initial consultations to discuss your accident and assess your eligibility for compensation. And we never collect attorney fees unless we recover for you! Call 317-881-2700 to schedule a consultation with an experienced Indianapolis slip and
fall lawyer, today. We have successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards.

Protecting Your Child From Playground Concussions

Posted on August 30, 2016 by admin

Child Injury Attorneys 317-881-2700

Parents want nothing more than the best for their children, and will go to great lengths to protect them from harm. So when it comes to head injuries, most parents consider the potential risk when signing their kids up for contact sports like football, soccer, and baseball. But many forget that playgrounds are also danger-zone for serious head injuries and concussion accidents. According to a new study conducted by the Centers for Disease Control and Prevention (CDCP), more than 20,000 kids under 14 years old suffer a traumatic head or brain injury on playgrounds, EVERY YEAR. With astonishing numbers like these, it is important to regard playgrounds as areas that require adult supervision.

Proper adult supervision reduces risky or unsafe child behaviors, as well as, improve equipment maintenance, playground surfaces, and their surrounding environments. Keeping an eye on our local playgrounds while attentively supervising children at play will help to reduce the risk of playground accidents and head injuries. Continue reading to learn more about protecting your child from traumatic playground head injuries, and what rights you have to compensation as a parent of an injured child.

Playground Concussion Accidents

There are two pieces of equipment on playgrounds that seem to be commonly associated with head injuries, and those are monkey bars and swing sets. These classic activities are fun when done safely, but many kids like to experiment and test their limits. Adult supervision can control risky child behaviors like these, and help to reduce the chances of a serious injury or accident.

Child Injury Attorneys 317-881-2700

However, in the case that playground equipment is poorly designed or constructed, it is difficult to prevent an accident even with safe behaviors. When this happens, parents want to know if they can sue if their child was injured on a playground. The answer is: “Quite possibly, but it depends.” Manufacturers of playground equipment have a duty of care to ensure their products are safe for play, which is why such companies can be held strictly liable if children are injured as a result of a product defect.

If your child was hurt on a playground as a result of defective equipment, it is strongly encouraged to contact an experienced personal injury lawyer to assess your accident and determine if you are entitled to compensation for your damages and losses. You could recover compensation for your child’s hospital bills, medical expenses, pain, suffering, and more.

Indianapolis Child 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 claim child injury claim in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. They will fight for your child’s rights following a serious head injury or playground accident. They offer free initial consultations to discuss your claim, and never collect lawyer fees unless they win your settlement. Call 317-881-2700 to schedule your consultation with an Indianapolis child injury attorney, today.

What Physical Evidence Should I Keep for a Slip and Fall Claim?

Posted on August 23, 2016 by admin

Indianapolis Slip and Fall Lawyers 317-881-2700

According to the National Floor Safety Institute, over one million slip and fall victims are sent to the ER each year. With numbers like these, it is important to make floor and walking safety a priority. But regardless of how careful you are, there is always a possibility for accidents to happen, especially when another person or entity has been negligent in maintaining a certain duty of care.

In this case, you would need an experienced personal injury lawyer to navigate your case and recover the full and fair compensation you deserve after wrongfully suffering losses and damages as a result of a slip and fall accident. And although your attorney will conduct an in-depth and thorough investigation, it is important to collect certain important pieces of evidence yourself directly after an accident; evidence that your attorney would not have access to days after the incident occurred. These evidences will help prove your case to the courts and the opposing party.

Continue reading to learn what evidence to gather up after being injured in a slip, trip, and fall accident for a stronger chance at winning a fair settlement.

Scene of the Accident Footage

It is understandably difficult to collect footage at the scene of your accident when you are seriously hurt, but it is critical to your case to try. If you are too injured or incapacitated to gather this evidence yourself, you should ask a witness, bystander, friend, relative, or police officer to help you. Take as many pictures and video footage as you can of your injuries and the surroundings.

Include a picture of your entire body, your injuries, the area you slipped, tripped, or fell, as well as, the surface of the floor, nearby signs (or lack of signs), water puddles, snow, liquids, spills, frayed carpeting, unleveled surfaces, poor lighting, dangerous conditions, and more. Collect footage of anything that could have influenced the accident to happen. Video is best, but photos are effective too.

Clothing and Apparel

Another important piece of physical evidence that can help your case is the clothing you were wearing the moment of the accident. This includes your outfit and your shoes, as well as, any outerwear. If you are trying to prove that the floor you injured yourself on was dangerous, you may need to also prove that you were dressed reasonably and that your apparel did not contribute to your accident. Physical photos and clothing can help confirm this. For instance, if a woman was wearing high heeled shoes on a snowy day, this evidence would be used against her in a slip and fall injury case. But if you fell on a dry day wearing sneakers, the evidence helps prove your footwear was not a cause for your fall.

Physical evidence can also include witness statements, video footage, medical records, hospital bills, and more, but it is only a tiny fraction of a victorious slip and fall personal injury case. Fore this reason, it is an important to retain a seasoned accident attorney to recover the full and fair compensation you deserve. They have the knowledge and hands-on experience to obtain the settlement you need to cover all your related losses and damages.

Indianapolis Slip and Fall Attorneys

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss a slip and fall accident in Indianapolis, Indiana. Our seasoned slip and fall accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover what’s rightfully owed to you after suffering injuries from a slip, trip, or fall accident. 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 Indianapolis personal injury lawyer, today.

How Indiana Defines a Wrongful Death

Posted on August 16, 2016 by admin

Wrongful Death Attorneys 317-881-2700

Every state has their own laws that govern wrongful deaths cases and claims. In Indiana, wrongful death is defined as any situation where the death of a person is caused by the wrongful act or omission of another. Loosely described, it is also like a personal injury accident that ends in death. When a person or entity is the cause of another’s death, they can be proven and held legally responsible in a court of law.

If you or anyone you know has been involved in an accident that resulted in the death of another person, you should call a personal injury law firm that you can trust, immediately. Continue reading for more information about wrongful death cases and the laws that surround them.

Wrongful Death Cases

When a person passed away from a wrongful death accident, who steps on to handle their case? The answer is the personal representative of the deceased’s estate. This could be a husband, wife, daughter, mother, son, grandchild, or any other person that is listed as a co-manager, owner, or speaker of the household. Typically, this is whoever retains ownership of the property or is listed in the will. If there is no family or pre-appointed representative for the estate, there may be no one to file suit and handle their wrongful death case.

There is a chance, however, that the state may decide to file a claim instead. For example, if a drunk driver wrecks and kills another drunk driver, the state may decide to file charges for vehicular manslaughter even if the family of the deceased doesn’t want to. If a case involves the death of a young child, it is up to the legal parents, guardian, or caregivers to file a wrongful death claim.

Although the claim for a wrongful death case is filed by an estate representative who also handles the lawsuit, it is the spouse, children, and extended family that receives any awarded financial retribution for their loved one’s death. It is generally up to the courts how the monies will be divvied among the relatives. The following expenses are recoverable if liability is found in a wrongful death case:

• Expenses for Funeral Arrangements
• Expenses for Burial Arrangements
• Hospital and Medical Bills
• Lost Wages and Benefits of the Deceased Had they Lived
• Wages for Lost Time at Work Pursuing the Case
• And More Depending on Individual Circumstances

Wrongful Death Attorneys

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you r family is a victim of a wrongful death in Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer professional litigation services for a wide variety of practice areas, including wrongful death claims. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 to schedule an appointment with a wrongful death attorney in Indianapolis, IN today.

Common Carrier Accidents and Liability

Posted on August 9, 2016 by admin

When we choose to fly or take a Greyhound bus, we place our trust in the pilots, engineers, drivers, and even manufacturers, to get us there safely and in a timely-manner. But sometimes, common carriers experience problems that can lead to serious accidents and injuries. The term “common carrier” refers to any entity that provides transportation services for the public. Examples of common carriers include commercial airlines, public buses, tour buses, cruise ships, and more. In the case of an accident, common carriers are held to a more stringent duty of care in comparison to private carriers. So when common carrier accidents do occur, such cases are taken very seriously and investigated thoroughly.

Continue reading to learn more about common carrier liability, and who to contact for more information regarding the laws surrounding aviation and public transportation accidents.

Public Transportation Accident Lawyers 317-881-2700

Common Carrier Liability

Regulatory bodies that set standards for safety and other types of concerns are the authorities that govern common carriers. For example, the governing regulatory body for commercial airlines is the Federal Aviation Administration (FFA). In terms of safety, these standards obligate common carriers to utilize the highest degree of diligence and care for the sake of their passengers and cargoes. And when common carriers fail to adhere to such regulations, they can be held legally responsible for any damages and losses suffered by those affected by their negligence.

Proving Fault

There is a legal theory called “strict liability” that essentially holds people or entities responsible for injuries and subsequent damages regardless of fault. But when it comes to common carrier lawsuits, strict liability does not apply. When a victim chooses to file a common carrier injury lawsuit, they hold the burden of proving the common carrier’s fault in the accident.

In order to prove fault, victims must be able to prove that the common carrier had a duty of care and breached that duty of care, and that the breach of care directly caused their injuries, which caused other damages and losses. Using evidence to show a common carrier’s breach of duty is the strongest method for winning an injury settlement. Viable evidence can include pictures, videos, witness testimony, inspection records, maintenance logs, and more.

Hire a Lawyer

An experienced personal injury lawyer can help victims of common carrier accidents collect and organize all details and evidences pertaining to their case, and look for certain regulations that the common carrier may have directly neglected, which caused your injuries. This is called “negligence per se” and is a common legal strategy used by accident attorneys to prove injury cases. Be sure to trust only experienced personal injury law firm to recover the full and fair amount of compensation you deserve after being injured in a common carrier accident.

The Law Office of Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your options after a public transportation injury in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with extensive knowledge of personal injury law. They will stop at nothing to ensure your damages and losses are fairly compensated for. Out law firm offers free initial consultations and never collects attorney fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with a licensed Indianapolis accident lawyer, today.

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

The 4 Elements of Negligence in a Personal Injury Case

Posted on August 2, 2016 by admin

Personal Injury Lawyers 317-881-2700

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. To recover compensation, victims must prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Continue reading for a closer look at each element of negligence.

❶ Duty of Care

The first aspect of proving negligence is to establish whether or not the defendant owed the victim a legal duty of care in any way. This could be between employer and employee, child and sitter, doctor and patient, school and student, and much more. For instance, an employer has a legal duty of care to provide employees with a clean and safe work environment, while a doctor has a legal duty of care to provide competent medical care for patients. In other examples, a nursing home has a legal duty of care to look after their residents, while drivers have a legal duty of care to drive safely when behind the wheel of a vehicle.

❷Breach of Duty

Once it is recognized that the defendant owed the plaintiff a duty of care, the plaintiff must prove that the defendant breached that duty. A defendant can breach their duty of care by either action or inaction. If a person does something, or fails to do something, that a reasonable person under the same circumstances would do, and it causes harm to another, they are acting negligently. For example, if a person is late for work and runs a red light to save time, and in running the red light they strike another vehicle and injure the driver, they will be found negligent in a court of law. In an example of inaction, if an employer fails to keep their premises up to code, and as a result their employees suffer from severe respiratory illnesses from mold inhalation, they can be found negligent.

❸Causation

It is not enough for a victim to prove that a defendant breached their duty of care. Plaintiffs in personal injury lawsuits must also prove that the defendant’s action (or inaction) was the direct cause of their injuries. But there is another aspect to causation. Courts will also assess and determine whether or not the defendant could have reasonably foreseen that their actions would or could injure someone. Accidentally causing someone harm through a random, unforeseen act of nature might not be looked at as negligent. However, if it is found that a defendant should have known that their actions or inactions would or could cause injury, then they can be found negligent in a personal injury case.

❹Damages and Losses

After proving all of the above elements of negligence, a victim must then prove their subsequent damages and losses. Word of mouth will not hold up in a court of law, so a victim must have proof and evidence of their damages and losses. Damages and losses can include medical expenses, hospital bills, lost wages, prolonged treatment, pain and suffering, mental anguish, permanent disfigurement or scarring, loss of companionship, loss of job opportunity, and much more. These losses can be proven with medical records, doctors’ statements, receipts, bills, witness testimony, and more.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your personal injury claim in Indianapolis, Indiana. Our Indianapolis personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help victims recover the full and fair compensation they deserve after being hurt in a serious accident. We offer free initial consultations to discuss your claim, and never collect lawyer fees unless we recover for you! Call 317-881-2700 to schedule an appointment, today.