FAQS Regarding Nursing Home Abuse and Neglect

Posted on March 9, 2016 by admin

Nursing Home Neglect Indianapolis Indiana

Nursing Home Neglect Lawyers 317-881-2700

Nursing homes are private institutions that provide shelter, food, and care for the sick and elderly. Since nursing homes do not actually provide complex medical treatment, they are not considered hospitals. However, many institutions could be considered as a medical care facility for certain purposes, depending on the statutes that govern their operation.

There are four different types of nursing home facilities that offer separate “levels” of care for residents. From the lowest level of nursing care to the highest, these include adult boarding homes, residential care facilities, intermediate care facilities, and skilled nursing care facilities. Depending on how a nursing home is classified, different standards will apply. For example, state and federal governments regulate skilled and intermediate nursing care facilities since they are generally participants in Medicaid and Medicare programs. All nursing care facilities are mandated to build and implement programs, written policies, and procedures forbidding maltreatment and abuse to its residents.

Overcome the Fear of Placing a Loved One in Nursing Care

If you are currently considering a nursing care facility for your sick or aged loved one, you may be afraid to commit out of fear that they may be mistreated, exploited, or ignored. For this reason, it is important to educate yourself in order to feel safer about placing your loved one in a nursing home. Also, be sure to research several facilities for a better chance at finding the institution that can properly meet and exceed their medical care or nursing needs.

You are also likely to have many questions regarding your concerns and more, and you are not alone. Below you will find a few of the most frequently asked questions regarding nursing home abuse and neglect. Use this information to protect your loved one against mistreatment and more, and ensure a loving and enriched retirement for those you love so much.

What Behaviors are Considered Neglect in a Nursing Home?

When a nursing care facility fails to provide sufficient services that are essential to the health and safety of their residents, whether intentional or not, they are guilty of neglect. These services include food, shelter, safety, supervision, clothing, medical care, and more.

If a Resident Complains or Accuses a Nursing Home of Mistreatment or Neglect, What Will Happen Next?

Every state has a system in place for reporting allegations of nursing care abuse, exploitation, or neglect. This system involves an investigation that consists of interviews with the alleged victim, their family, and the staff. If maltreatment is suspected, Adult Protective Services will enter the scene and provide their assistance. It is important for the victim and family to retain the services of a licensed personal injury attorney before the investigation begins. This will ensure just compensation for any losses and damages caused by the mistreatment or neglect.

What are the Rights of Nursing Home Residents?

The law, both federal and state depending, provides nursing home residents several rights. These rights include, but are not limited to, being free of verbal, mental, emotional, physical, and sexual abuse. They also have the right to not be subjected to purposes. Although a resident can be retrained by doctor’s orders if they pose a threat to themselves and others, unnecessary physical or chemical restraint intended for disciplinary purposes is illegal. Nursing home residents also have a right to a safe and comfortable environment at all times, proper medical care, and sufficient food, clothing, hygienic cleaning, and more. Talk to a nursing home neglect lawyer for details about resident rights’.

Can a Resident Still Sue a Nursing Home for Maltreatment if They Have No Contract With Them?

If a nursing home resident does not have an official contract with the facility, and they are subjected to maltreatment or neglect, they still have the legal right to pursue a lawsuit and injury claim against the facility. There are numerous legal theories that allow nursing home neglect victims, or survivors of victims, to sue the home even without a contract.

Nursing Home Neglect Lawyers

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about nursing home neglect and abuse in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have decades of trial and litigation experience representing victims of nursing home abuse. They offer free initial consultations to hear your story and determine your eligibility for filing a claim, and never collect attorney fees unless they win your settlement. Call us at 317-881-2700 to schedule an appointment with a seasoned nursing home abuse lawyer in Indianapolis, IN today.

How to Avoid Bicycle Accidents While Riding Roadside

Posted on March 1, 2016 by admin

Bicycle Accident Lawyer 317-881-2700

Cyclists and bikers are involved in thousands of motor vehicle accidents each year. Although bike-riding is a fun and healthy activity for the whole family, it can make a person much more vulnerable if riding on the side of the road. This is especially true for those who frequently ride alongside busy streets and roadways. No matter how much experience and awareness a person may have as a cyclist, no one can never predict or trust the actions of others on the road. For this reason, protection and safety are vital.

Continue reading to learn how to be safer while enjoying the pleasures and perks of roadside cycling.

Bike Safety

By applying safe bicycling habits and practices, a person can avoid accidents and injuries from taking place. In order to avoid one of the most life-threatening injuries from occurring is wearing a helmet. Head and neck injuries are very serious and can even cause death in severe cases. By wearing a helmet, a rider can protect their cranium in the case of a sudden impact or fall. Helmets are basically bike safety rule number one.

For those who enjoy night riding, it is strongly suggested to wear proper reflective gear, as well as, reflective lighting on spokes and handlebars. By illuminating a cyclist, car and other traffic can spot the rider and avoid hitting them or causing them harm. Anyone can purchase reflective biking gear at any local sporting goods store or superstore. They are relatively inexpensive and come in a wide array of colors, sizes, and products.

Following all cycling rules, as well as all rules of the road, are important parts of safe biking. Bicyclists are not only responsible for following the cycling rules while riding, the must also obey all traffic signal and laws as well. This is especially important for those who commute to work or school on bike. Designated bike lanes should always be used on public roadways for protection against fast-moving traffic. Bikes will simply never be able to compete with a car, so if they come into contact with one another, the car will not suffer nearly as much damage as a bike and cyclist. By staying in the bike lanes, a person can avoid coming into the contact with traffic, or backing up traffic.

Bicycle Accidents in Indianapolis

If you or a loved one was recently injured negligently in a bicycle accident, contact a licensed and experienced personal injury law firm right away. Don’t let the statute of limitations run out before you have a chance to collect compensation for your damages. If you were truly injured as a result of another driver’s negligence, or the negligence of the city, you may be entitled to remuneration for your losses. You can recover for lost wages, time off work, medical expenses, hospital bills, pain and suffering, and much more.

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

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for details about bicycle accident injury claims in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to answer your questions and concerns about a recent bicycle accident. We offer free initial consultations to assess your case and determine your eligibility for compensation. And we never collect lawyer fees unless we win your settlement! Call 317-881-2700 and speak with an Indianapolis personal injury lawyer today.

Basic Glossary Terms for Personal Injury Lawsuits

Posted on February 22, 2016 by admin

Personal Injury Lawyers 317-881-2700

When a person is seriously injured by a person, place, or thing as a result of negligence, they are victims of a personal injury. Victims of personal injuries are entitled to compensation for their damages and losses; such as medical expenses, hospital bills, prolonged rehabilitation, lost wages, mental anguish, pain, suffering, and more. In order to pursue compensation following an accident, it is strongly advised to hire a licensed and experienced lawyer that is well-versed in tort law.

It can be very complicated dealing with insurance companies and opposing parties when it comes to recovering compensation; but a seasoned personal injury attorney has the resources and knowledge to fight for the recompense their clients are rightfully owed. Because the process of filing a claim against a company or person is complex, it is imperative to have professional legal counsel in order to present an effective case. Below are several glossary terms that are related to tort law and lawsuits. Continue reading to learn common legal jargon used in a personal injury claim or case.

Important Legal Terms for Tort Law

Personal Injury – Injury to the body, mind, or emotional health.

Accident – An unexpected and often sudden event that causes harm to another person, reputation, or property, unintentionally.

Tort – A wrongful action that results in the injury or trauma of another person, their reputation, or their property.

Negligence – Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.

Pain and Suffering – Mental and/or physical distress experienced by a victim of a personal injury.

Recover – To receive compensation equivalent to the losses and damages incurred from a negligent accident that caused a personal injury.

Party – A participant in a lawsuit.

Plaintiff – The party of people bringing forth a lawsuit. Also referred to as a claimant.

Defendant – The person or entity that is being presented with a lawsuit from the plaintiff. The party supposedly liable for the plaintiffs’ injuries and damages.

Lawyer – The licensed legal party that represents a claimant or a defendant. Sometimes one person, and other times, a small team of people.

Judge – A pubic officer that is appointed to hear and decide legal cases in a court of law.

Jury – A small group of randomly selected individuals that assist a judge in identifying the guilty party in more complex lawsuits.

Adjuster –An individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

First Party Insurance – The claimant’s insurance company.

Third Party Insurance – The defendant’s insurance company.

Answer – The note filed by the defendant or opposing party in response to the claimant’s allegations and requests, revealing their position in the case.

Complaint – A formal expression of grievance filed in the appropriate court by the plaintiff.

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

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

How to Find a Reputable Personal Injury Lawyer in Indiana

Posted on February 16, 2016 by admin

Personal Injury Lawyers 317-881-2700

After being injured in an accident caused by another person’s negligence, victims are sure to have questions and concerns. This is why a personal injury lawyer is a significant asset to anyone that’s suffered a recent serious injury or been involved in a serious accident. They are there to represent a victim’s best interest, as well as, the best interests of their family and future.

A professional personal injury attorney can bring your claim to trial, or settle out of court with opposing parties and insurance companies, to recover the full and fair compensation an injured victim deserves. When searching for a reputable accident attorney or law firm, it is important to hire someone with a certain level of credentials, including ample experience. Continue reading for tips on how to find a personal injury attorney you can trust is a reputable choice.

Accident Lawyers and Firm Credentials

Misconduct, negligence, malicious intent, and carelessness are all factors that play a huge role in causing a personal injury to occur. These factors and more are used as a basis to begin understanding and investigating an accident case. Once these grounds are determined, lawyers can assess whether or not a person is entitled to compensation for their damages. Of course, the process of assessing an injury case is not so cut and dry; there are several more variables, factors, research, interviewing, investigating, and more that a legal team must cover in order to put together a strong claim for their client’s.

So how do you know your attorney can provide comprehensive legal representation and recover the recompense you deserve? Here are some credentials, attributes, and more to look for when choosing a personal injury lawyer:

➀ Proper State Licensing

Every attorney should be legally licensed to practice their particular area of law in the state they work and live. Be sure they are true, licensed, practicing lawyers before paying a retainer or hiring them on the spot.

➁ Trial and Litigation Experience (at least 10 years)

Choose a lawyer that has several years of experience practicing law, litigating, and going to trial. Experience means more knowledge, better resources, and more power. An experienced lawyer is a confident and assertive lawyer that knows how to recover for clients.

➂ Client Amenities

Law firms should set themselves apart from the others by offering client conveniences and amenities. This lets the client know they are not out to just get paid, but they really care about the comfort and well-being of their clientele. Look for offerings like free initial consultations and no upfront lawyer fees. These client conveniences are a good sign.

➃ Lawyer Availability

An injury attorney should be easily available for their clients at most times. What’s the point of having an attorney if you cannot consult them or bring to them your questions and concerns when you need to? Although it is not possible to always meet or speak in person, but a lawyer should provide full-on open communication with clients through email and phone.

➄ Track Records

Look into an attorney’s track records for success. Find out how many cases were settled, won, lost, and so forth. A good success record means a lawyer knows what works and knows how to bring a claim against an opposing party, like insurance companies. Do not be afraid to ask a lawyer, straight up, about their track record and trial history.

Indianapolis Personal Injury Lawyers

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been injured in an accident that was not your fault in Indianapolis, Indiana. Seasoned Indianapolis personal injury attorneys, Dan Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless they settle or win your claim. Call 317-881-2700 to learn how to file a personal injury claim in Indianapolis, IN today.

When is a Personal Injury Claim Rejected?

Posted on February 8, 2016 by admin

Indianapolis Accident Lawyers 317-881-2700

When a person or family experiences a tragic accident or serious injury at the hands of another company, entity, individual, or group of individuals, they often times seek legal counsel in order to pursue a personal injury claim. Many law firms that focus on personal injury claims will represent a case for free, initially, and only collect attorney fees if they win the settlement or recover compensation for their clients’ damages. In order for a personal injury lawyer to take on a person’s case, they must have a valid claim
that legally entitles them to remuneration.

If a victim of a personal injury has a claim that is not strong enough to win a settlement, a law firm may pass on representing them; however, if the client insists on pursuing their claim, a lawyer may do so for upfront, non-refundable fees. So what makes a case weak? And why do lawyers pass on certain cases and personal injury claims? There are several reasons why a personal injury law firm will deny a case and refuse to represent someone that has been seriously injured. Continue reading to find out why.

The 101 on Personal Injury Claims

In order for a victim of a personal injury to successfully win a settlement for their damages, they must prove that they were injured as a result of another person’s negligence or carelessness; and at no fault of their own. There are several laws and stipulations that regulate these boundaries of negligence and fault, and lawyers are extensively well-versed in each of them. If they review a case that seems to have flaws or holes within it, they may not see value in representing the client because the case is weak.

Pedestrian Accident Lawyers 317-881-2700

For example, if a person is injured in a motor vehicle accident because the opposing driver failed to stop at a red light, they may have a valid case. A lawyer will assess whether or not the injured driver obeyed all traffic signals and laws; and if they did, they were injured as a result of direct negligence and is entitled to compensation for their damages. In this situation, a personal injury attorney would most likely accept this case and represent this client on a contingency fee basis, only collecting lawyer fees if they win a settlement.

In an opposing example, if a person was involved in a motor vehicle accident and suffered injuries, and there were clues that the injuries were the result of their own negligence, then a lawyer will deny representing their claim. If a driver rear-ended a person, and that person hit their head on the dashboard, suffering head injuries, then the accident and injuries were caused by the opposing driver; but, if the victim was not wearing a seat belt at the time of the accident, then the accident was still the opposing driver’s fault, but the victim’s injuries were a result of neglecting to wear a safety belt. Although this person may still be entitled to recompense for their damages, it is a weak case that may not pull through in a court of law.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations for injured victims, and never collect lawyer fees unless they win your settlement and recover compensation for your damages. Call 317-881-2700 and speak with a knowledgeable and friendly legal representative today about your recent personal injury in Indianapolis, IN and its surrounding counties.

Frequent Mistakes Victims Make in Personal Injury Claims

Posted on February 1, 2016 by admin

Indianapolis Personal Injury Lawyers 317-881-2700

Have you or a loved one recently suffered a personal injury from a serious accident? In so many cases there are accidents that cannot be avoided or are simply unforeseen. We can’t escape every accident or injury that happens in life, which is why there are personal injury law firms. Personal injury attorneys protect individuals that were injured in accident that resulted from another person or entity negligence and carelessness.

When this happens it’s important for that injured individual to file a personal injury claim against the opposing or negligent party. In order to do this, one must outsource a professional personal injury lawyer to help them through the entire legal process. This process can be extremely complicated, complex, and tedious; another reason why personal injury attorneys are so important to wrongly injured victims.

Filing a Personal Injury Claim

When filing a personal injury claim, it is important to avoid certain mistakes. There are so many mistakes that people make when it comes to filing personal injury claims. Learning a few of these common mistakes can help you avoid making the same mistakes as those injured before you. Here’s a list of the most common mistakes to avoid in a personal injury claim:

• Neglecting to Document the Accident Scene
• Giving Too Much or Implicating Information to Police or Emergency Personnel
• Failure to Obtain Professional Medical Services or Attention
• Making Statements to Opposing Insurance Companies Without Legal Council or Guidance
• Rejecting Hospital or Physician Instructions and Orders
• Applying for Damages that were Never Documented at the Scene of the Accident or in Professional Medical

Facilities or Hospitals:

• Admitting or Accepting Any Degree of Fault for the Accident
• Speaking with Opposing Councils or Insurance Companies
• Waiting Too Long to File an Injury Claim
• Exaggerating or Being Untruthful about Sustained Injuries
• Hiring Inexperienced or Unprofessional Accident Attorneys

There are many other mistakes that a person can make when it comes to filing a personal injury claim as well; however, if they have professional legal counsel on their side, they can be sure they are heading in the right direction to pursue an effective and proper personal-injury lawsuit.

There are several reasons to file a personal injury claim. When you or someone you love has been wrongly injured in an accident, it can be a very emotional and traumatic time. Injured victims face lost wages, medical costs, hospital bills, mental anguish, emotional trauma, lost the ability to work, and much more. In accident attorney is there for families in times like these. They can be trusted to implement all the appropriate legal requirements in your personal injury case, as well as, prepare and facilitate all communication and litigation opposing counsel and parties.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. You can speak with a live legal representative to schedule your free initial consultation with an experienced personal injury lawyer you can trust. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to answer your questions about injury claims and lawsuits in Indiana. For more information about how to file a personal injury claim in Indianapolis, call 317-881-2700 right away.

Your Rights as a Victim of Food Poisoning

Posted on January 25, 2016 by admin

Indianapolis Accident Lawyers 317-881-2700

Food poisoning is an aggressive illness that occurs when a person ingests tainted or contaminated food. Tainted food is any food or beverage that contains bacteria, virus, parasites, or toxins. Ingestion of these contaminants results in extreme gastrointestinal illness involving high fever, nausea, vomiting, diarrhea, dehydration, chills, and weight loss. These symptoms are your body’s natural response to eliminating the toxins as quickly as possible. The extent of these symptoms depend on the severity of the condition.

There are minor food poisoning cases that last for a few short hours, or perhaps overnight, but there are often serious cases that can last for days and even lead to hospitalization. Whether you have been a recent victim of food poisoning or not, you should know your legal rights in the case that it does happen to you. Continue reading to learn what you can do if you ever become a
victim of serious food poisoning.

Food Borne Illness

There are several reasons why food can become contaminated. Everything from improper handling to cross contamination can lead to food or water being tainted. The common types of food poisoning include salmonella, E. coli, Listeria, Botulism, Campylobacter, Hepatitis A, and Norovirus. Minor cases will result in one day’s worth of nausea, stomach cramping, and perhaps limited vomiting and diarrhea. But more severe cases will results in high fever, extreme stomach cramps, dehydration, and on-going vomiting and diarrhea. Major cases generally last for more than one day, as well.

Advice for Victims

If you ever think you might be feeling the symptoms of food poisoning, it is important to think about your health first. Seek medical attention as soon as possible. While getting medical care, have your doctor confirm the illness by taking a stool sample. This, as well as your medical record, can be used as evidence of the contamination and negligence that caused your suffering. If you do not have the illness confirmed by medical testing, you can lose your legal rights to compensation for your losses.

It is also important to keep track of all your symptoms and the times and dates you experienced them so you have a record. It is also wise to keep a sample of the contaminated food for further confirmation and evidence. Once you have received medical care for your illness, it is time to hire a personal injury attorney who can protect your rights as a food poisoning victim.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and will work around the clock to recover the full and fair amount of compensation you deserve after suffering an injury that was no fault of your own. We provide free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to get started, today!

Craven, Hoover, and Blazek P.C. Writes Their 100th Blog Entry!

Posted on January 21, 2016 by admin

Now Users Can Access an Abundant Inventory of Helpful Topics and Frequently Asked Questions About Personal Injury Law and More! Get Useful Tips, Advice, Facts, and Answers Regarding Serious Accidents, Injuries, and Compensation!

Indianapolis Accident Lawyers 317-881-2700

Here at the Law Office of Craven, Hoover, and Blazek P.C., we are proud to announce that today marks our 100th blog entry on our website! For nearly two years, we have committed to adding new and interesting topics to our blog site with the intention of providing helpful information for anyone in need.

Now, end-users can access several topics and categories of personal injury law for answers and guidance after being seriously injured. Peruse blogs regarding workplace safety or workers’ compensation, as well as, personal injury facts, tips for safer driving, insurance injury claims, who’s at fault for an accident, and much more!

We strive to be an effective and efficient source of information for anyone looking for answers to general personal injury questions, or topics about general personal injury law. And as for our clients, we work even harder to make sure they are fully-informed during their claim process by avoiding confusing legal jargon and only using a legal language that everyone can clearly understand.

Give Us a Call Today!

Personal Injury Law Firm 317-881-2700

Call our office today at 317-881-2700 if you have been injured in an accident recently, and have questions about filing a claim, insurance settlements, or receiving compensation. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to discuss your legal options after being hurt in an accident. We offer free initial consultations to hear your case and determine if you have a valid legal claim at no obligation to you.

And if we believe you are entitled to compensation for your damages and losses, we will represent you without collection any upfront fees. You only pay us if we prevail for you! Visit our blog page for additional information about personal injury claims and more. Or call 317-881-2700 and speak with a friendly and knowledgeable legal attendant about scheduling an appointment with an Indianapolis personal injury attorney that truly cares.

Black Ice Traffic Collision: Who’s At Fault?

Posted on January 12, 2016 by admin

Car Accident Lawyers 317-881-2700

It seems like Mother Nature held off for as long as she could, but the snow and ice are finally here in Indiana. This means it is time to be on high-alert when driving in winter weather. Ice and snow are hazardous conditions to drive in, and require focus and patience for safe navigation. But sometimes, no matter how safe you are, accidents can’t be avoided. There is only so much a driver can do to protect themselves from causing or being involved in a collision, but in several cases, it’s out of their hands.

Black ice, blizzards, and heavy snow are frequently to blame for motor vehicle accidents. But in the case that an accident was caused by invisible ice or hazardous weather conditions, is the driver still liable for damages sustained to another driver? Continue reading to learn who is at fault in personal injury motor vehicle accident cases caused by winter weather.

You Can’t Blame the Weather

In the eyes of the law, drivers must uphold the responsibility to drive safely under any circumstances. This includes retaining the knowledge that ice and snow puts drivers at higher risk for causing or being involved in a traffic collision. For this reason, if someone causes a motor vehicle accident as a result of black ice, the law still holds them liable for subsequent damages and injuries.

It comes as a surprise to thousands of drivers each year that they are responsible for any traffic accidents in snow and winter weather. A person cannot evade liability for a car accident if it was hazardous conditions that caused them to wreck in the first place. The law expects drivers to know that snow and ice are more dangerous and should choose to not drive or drive more carefully in such conditions.

Car Accident Injury Claims

If you were recently a victim of injury as a result of a negligent car accident, you may be entitled to certain rights and compensation for your damages and losses. It is important to talk to a car accident lawyer right away, before the state’s Statute of Limitations runs out, losing your opportunity to collect remuneration forever.

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

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you recently sustained injuries in a motor vehicle accident in Indiana. Seasoned personal injury lawyers, Dan Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in car accident injury cases and will work around the clock to recover for you. We offer free initial consultations to discuss your case at no obligation. Call 317-881-2700 to schedule today.

The Importance of Foreseeability Tests in Personal Injury Cases

Posted on January 6, 2016 by admin

Personal Injury Lawyers 317-881-2700

The burning question everyone wants to know after being involved in a serious accident or traumatic event is, “Whose fault was it?” This is where an experienced injury lawyer can help. They look at all the facts surrounding the accident and everyone involved, and study the evidence to proficiently determine the negligent party. From there, they work hard to secure the rights of their clients and recover ample compensation for their pain, suffering, and tangible losses.

One of the most important tools used in personal injury cases to determine who was negligent, and to what extent, is a foreseeability test. Continue reading to learn about foreseeability tests and how they are used to determine proximate cause in a personal injury case.

Negligence

Everyone has a legal “duty of care” to uphold, meaning they are responsible for not causing harm or injury to another person. This is the law in the United States. Negligence is the act of breaching that duty, and proving it is the first factor in personal injury cases. In order for a person to be guilty of negligence in a personal injury case, the act that caused the harm or injury must be foreseeable. This also relates to proximate cause, since the concept of foreseeability is used to determine the legal cause of injury.

Foreseeability

Personal Injury Lawyers 317-881-2700

The law uses foreseeability tests to determine legal causation, or proximate cause, in personal injury cases. They are basically questions that are used as a formula for determining whether or not a person should have “reasonably foreseen” the harmful consequences of their actions. The law does, however, make certain distinctions based on the foreseeability of the type of harm and the manner of which the harm occurred; but not the extent of harm. Terms for these concepts include: unforeseeable type of
harm and unforeseeable manner of harm.

Unforeseeable Type of Harm

A person is not liable for injuries and accidents to others that occur under unlikely circumstances, or events that are generally unforeseeable. For example, if a person dropped a bag of marbles on the ground and failed to clean them up, causing another person to slip and injure themselves, they can be legally liable since slipping on marbles is a foreseeable consequence. But if the marbles reflect in the sun in a way that causes a spark and subsequent fire, they would not be liable for injuries caused by the fire since a fire is not a foreseeable consequence of marbles left on the ground. Of course there are several exceptions to these concepts depending on the various unique circumstances of a person’s case. This is why it is imperative to hire a personal injury lawyer to manage your case and proceedings and recover full and fair compensation for your damages and losses.

Unforeseeable Manner of Harm

In the event that a person acts negligently in a way that does NOT harm another person, but then a superseding event makes the initial negligence harmful to others, the person may not be held liable for the superseding event and subsequent damages. For example, if a person leaves a candle burning while they are at school, and an earthquake occurs causing the candle to fall over and catch everything on fire, the person may not be held liable for the damages caused by the fire since a second event caused the candle to fall over and catch fire; even though it can be argued by opposing parties that the initial act of leaving a candle burning is negligent.

Again, it is important to have an experienced personal injury lawyer on your team to protect you against low insurance settlements and tricky lawsuit proceedings. They have the knowledge, experience, and resources needed to recover a fair settlement for your losses.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to find experienced personal injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience, and will fight to recover the full and fair amount of compensation you and your family deserves after being injured in an accident. We offer free initial consultations and work on a contingency-fee basis, meaning if we don’t recover for you, you owe us nothing. Call 317-881-2700 to schedule a consultation with a licensed personal injury
attorney in Indianapolis, IN today.