Common Slip and Fall Injury Questions

Posted on September 3, 2015 by admin

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When you or a loved one is injured in a slip, trip, or fall accident, it is natural to have questions regarding insurance, legal affairs, and more. When an accident like this happens as a result of another person or entity’s negligence, you may be owed compensation for your damages and losses. Always be sure to first seek immediate medical attention if you injury yourself after slipping and falling. Even if you feel like you are not injured, it is wise to have yourself check out by a medical professional to be sure.

Some injuries are dormant for days or weeks before showing signs, like concussions, neck injuries, fractures, and more. It is common to not feel injured immediately after an accident. Once you receive medical care, you are ready to call a slip and fall lawyer. Continue reading to learn some facts about slip and fall injuries and accidents, as well as, some common questions regarding such cases.

Do I Have a Slip and Fall Case?

To entirely understand your case top to bottom, you will need the professional assistance of a personal injury lawyer. They have the knowledge, experience, and resources to investigate your incident and determine if you have a valid case. Lawyers must consider all the unique and individual details of each client’s case in order to assess whether or not they are entitled to compensation for their losses. Such aspects include: extent of injuries and subsequent damages (losses), the at-fault party(s), the amount of evidence, and more.

What is the Time Limit for Filing a Slip and Fall Claim?

The time limit to file a lawsuit is called the Statute of Limitations. This time limit varies from state to state, and offense to offense. In Indiana, injury lawsuits have a statute of limitations of two years. This means you have two years from the date of your accident to file a claim against a negligent party. If you fail to do so in the allotted time, you lose your chance and can never file again.

How Much Does a Slip and Fall Lawyer Cost?

Reputable and established personal injury law firms generally work on a contingency basis. This means they do not collect any upfront legal fees or costs, and only collect payment if they win their client’s case. With this type of payment model, anyone can afford a slip and fall lawyer no matter what. Other law firms that do not operate this way may offer financing, payment plans, and more. Discuss payment arrangements with your personal injury lawyer before signing any documents.

Should I Pay My Medical Bills Myself?

Depending on the type of insurance policy you have, the insurance policy of the at-fault party, and the state you live in, this can vary. In some cases, victims have to pay their own medical bills and expenses, and then get reimbursed after the settlement. Other times, the opposing party’s insurance company pays these bills. If the claim is not successful, victims might be left to pay for their expenses themselves. It all depends on the circumstances of the case and the insurance companies. This is another reason why you need the services of a licensed accident attorney.

How Long Will It Take to Settle My Slip and Fall Claim?

The time it takes, from the moment you contact a law firm to the moment you cash the recompense check, greatly varies from case to case. Personal injury attorneys work hard to win a client’s case as quickly as possible to get them back to their normal lives. This is their whole purpose: to help victims get the full and fair compensation they deserve so they can concentrate on getting back to normal after a serious injury or accident.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall claim in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in accident law. Our law firm offers free initial consultations and NEVER collects lawyer fees unless we win your case! Call 317-881-2700 to schedule your consultation with one of our passionate slip and fall lawyers in Indianapolis, IN today.

Scene-of-the-Accident Tips for Minor to Moderate Personal Injuries

Posted on August 25, 2015 by admin

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If you or a loved one was recently hurt in a personal injury accident, it is vital to take the right steps directly after the incident to ensure and secure your rights down the line. For very serious accidents and injuries (brain injuries, concussions, spinal cord injuries, etc.), the most important step you can take is to receive immediate medical care. Once you are stable, the process can continue. Continue reading to learn what to do after being involved in a person injury accident, and how to get started recovering your expenses.

What to Do After a Personal Injury Accident

Be sure to always have a camera on you at all times. A disposable camera should always be kept in the glove compartment of your vehicle, and many people these days have cameras on their wireless phones. Capturing the injury on camera right after it occurs is a crucial step toward defending yourself in a personal injury case. Whether it’s a motor vehicle accident or a slip, trip, and fall, take as many pictures as you can of the environment, accident location, the injured area of the body (if applicable), and anything else that may have contributed to the incident. If you are unable to take pictures, ask the person with you to take them, or if alone, a friendly bystander. You will also want to ask about any surveillance cameras and videos so you can request a copy of your incident if it was recorded.

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The next step is to gather as much information from witnesses and persons involved. Get the names, addresses, emails, and phone numbers of all the people that saw the accident occur, and of the people who were involved. This can include a store manager, bystanders, customers, passengers in a car, and any other witnesses. Having proof of your story through the statements of witnesses will strengthen a case. You will need even more information from every person involved in the accident. Be sure to collect standard contact information, as well as drivers’ license numbers and insurance information.

When all pertinent information is collected, it is time to contact the police. Communicate all the necessary information and timeline of the accident. Be sure to tell them of any pain or discomfort you are experiencing. They will assist you with getting medical attention.

The final step to take after being wrongly injured is to contact a licensed accident attorney to file a personal injury claim in your city or county. A personal injury lawyer can recover the full and fair compensation you deserve after experiencing a traumatic injury or accident as a result of another person’s negligence.

File a Personal Injury Claim in Indianapolis

Personal Injury Lawyers 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. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to win your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today.

Examples of Nonfeasance in Terms of Tort Law

Posted on August 18, 2015 by admin

There are so many terms in regards to tort law that it can be confusing understanding what a simple sentence means in a legal or court document. Personal injury lawyers are the solution to comprehending confusing legal jargon and paperwork in the case that you are filing a claim against a negligent party. Some terms, like “negligence” and “liability” can be self-explanatory; but other terms, like “nonfeasance” can be quite the opposite. Continue reading to learn the meaning of the term nonfeasance, and examples of such cases.

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Intentional Failure to Act

Nonfeasance is a legal term used in tort law that describes an inaction, rather than an action. Nonfeasance is the act of intentionally neglecting to carry out a mandatory duty or obligation, and as a result of that neglect, someone is harmed or killed. Someone can be guilty of nonfeasance if and when a duty of care is owed to a person or group of people, a breach of that duty takes place, and that breach resulted in injury to that person or people.

Courts believe that people, even if they are not creating a dangerous situation, must still take proper action to prevent harm or danger to others. In most cases, this liability is for those with preexisting relationships only. For example, if an onlooker observes a stranger drowning, they cannot be held liable for harm or death to the stranger if they have no pre-existing relationship with them. On the other hand, if the onlooker and victim are not strangers to one another, there is a legal duty of care to help. In contrast, if the bystander is someone with a legal duty of care to help or protect, like teachers or lifeguards, then they CAN be held accountable for a victim’s drowning or injury if they neglect to take proper action to prevent harm.

Relationships that obligate a duty to act in terms of nonfeasance include spouses, family members, school and students, babysitter and child, employer and employees, jails and jailers, medical establishments and patients, driver and passenger, parents and children, lifeguards, EMTs, firefighters, law enforcement, and much more. Courts have also found a “duty to act” in cases where a person provides help for someone injured or in danger, but that help leaves the victim in worse condition because their actions were unreasonable, also referred to as misfeasance (performing poorly). For example: a person sees a car accident and stops to help the victim. They pull the unconscious victim from the vehicle and carries them to the side of the road. All of these actions turn out to be more harmful because the victim had serious neck and spinal injuries that called for special maneuvering and transportation by trained EMTs. By moving the victim themselves and hesitating to call 911, they put the victim in further danger. This means they can be held liable for nonfeasance, or failing to take the proper actions to prevent harm to another.

If you believe you or someone you love has been a recent victim of similar negligence, contact a licensed personal injury lawyer to learn your rights.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a licensed personal injury attorney in Indianapolis. Accident attorney, Daniel Craven, is happy to answer your questions about personal injury claims, compensation, and more. We never collect lawyer fees unless we get money for you! Call 317-881-2700 for information about our personal injury practice areas and office locations in Indianapolis, IN today.

What is a Prima Facie Case?

Posted on August 12, 2015 by admin

Prima facie, pronounced “pree-muh fay-shee”, is a common legal term used in criminal and civil law cases. Literally translated, this term means “at first face” or at first sight; the apparent nature of something at the first look. Prima facie can refer to either a case or a piece of evidence, depending on the crime or misconduct. Continue reading to learn what a prima facie case is and examples of such cases.

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An Open and Shut Case

Prima facie is a legal doctrine that signifies a situation in which sufficient evidence is apparent, upon initial observation, to charge or convict a person before any further investigation takes place. In terms of lawsuits, it is colloquially-referred to as an “open and shut” case. Although it is possible for opposing parties to present enough conflicting evidence at trial to refute the prima facie claims against them, most often, a prima facie case is a case where so much obvious evidence exists “at first sight”, Grand Jurys can indict someone for a crime.

In personal injury lawsuits, plaintiffs hold the burden of proof, meaning they must prove their case to get the desired verdict. They have to present a prima facie case to a court, providing evidence to support their claim. If a plaintiff can do this successfully, then the burden of proof shifts to the opposing party. If they cannot, then the case is in jeopardy of being dismissed.

There are several possibilities of prima facie cases. One example of a prima facie case is check fraud. If a person is writing bad checks, or steals another person’s checkbook and writes checks with it, they are blatantly guilty of check fraud. The bad checks are prima facie evidence of their crime, while the paper trail they left behind them supports a prima facie case.

Another example of a prima facie case is drunk driving. If a person is pulled over for reckless driving and then tests over the legal limit for alcohol, their recorded reckless driving and blood alcohol content (BAC) is enough evidence to prove they were illegally operating a vehicle under the influence of alcohol. Even biased pre-employment tests can be a prima facie case, since the actual test is available as evidence that proves the prejudice of its contents.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been seriously injured in an accident that was no fault of your own. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in Indiana. They are the Indianapolis personal injury lawyers that can prevail for you! We offer free initial consultations and never collect attorney fees unless we win your case. Call 317-881-2700 and schedule your complimentary appointment to discuss your recent accident with a knowledgeable personal injury attorney in Indianapolis, IN today.

Pedestrian Accidents and Laws in Indiana

Posted on August 5, 2015 by admin

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Sadly, all over the United States, thousands of men, women, and children are seriously injured or killed in pedestrian accidents each year. Motor vehicle and traffic accidents are the number one causes behind pedestrian injuries and deaths. There are various laws and rules regarding pedestrian protection in our state, but unfortunately, they are commonly forgotten or overlooked after traffic school. Continue reading for a brief overview of standard pedestrian laws and regulations in Indiana.

Pedestrians

Just like all other driver’s on the road, pedestrians have rules and guidelines to follow too. In Indiana, pedestrians must obey all traffic and pedestrian control signals at all times. This means anyone traveling by foot is required to comply with “Walk” and “Don’t Walk” traffic signals; as well as, any other traffic control devices or signs. They are also expected to always use crosswalks and pathways designated for pedestrian use. This means no J-walking! These rules are just in that they protect everyone by establishing a safe, consistent, and effective plan that we can all easily understand and obey.

An At-Fault Driver

A driver cannot overtake or pass another vehicle that is stopped in front of them at a crosswalk for pedestrians or cyclists. This at-fault driving scenario puts any pedestrian crossing the path at that time, in danger of being hit by the driver. This is why it is illegal. All drivers must obey all traffic control signals, and yield to pedestrians that have the right away at crosswalks and other pathways. They must also yield to blind pedestrians; discernible by a white cane or seeing-eye dog.

An At-Fault Pedestrian

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Pedestrians, just like drivers, can be at fault in a motorist-pedestrian accident. If a pedestrian darts out into a busy road from a safe place or sidewalk, they could be at fault if they are hit by an oncoming car. The law explains that in this situation, drivers that are acting in accordance with with their traffic rules do not have enough response time to stop for a wandering pedestrian. Also, any person on foot is expected to use a sidewalk, rather than the edge of the road, for safety. If there is no sidewalk, they are allowed to walk on the direct edge or shoulder of a highway or street. If a pedestrian is crossing a road that is not marked with traffic control signals or a crosswalk, they are expected to yield the right away to all traffic.

There are several more pedestrian safety laws and guidelines that begin to get very specific, such as pedestrian law IC 9-21-17-11; that states all pedestrians should move along the right half of all crosswalks. Not such a serious violation. The important Indiana pedestrian laws are general, but important. Vehicles are prohibited to overtake a vehicle stopped at a crosswalk; pedestrians have to obey all traffics control devices unless otherwise specified by a police officer, pedestrians must yield to oncoming traffic if there is no marked crosswalk or path, they cannot walk along the shoulder or edge of a road with a functioning sidewalk, and motorists are responsible to yield to blind pedestrians at all times. Keep these rules in mind and protect yourself and others on the road.

Pedestrian Accident Attorneys

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you are a victim of a pedestrian accident in Indiana. Indianapolis pedestrian accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned injury lawyers that are eager to recover he rightful compensation you deserve after being wrongly injured in a pedestrian accident. Our law firm offers free initial consultations and will not collect attorney fees unless we prevail for you. Call 317-881-2700 for pedestrian accident and injury representation and legal counsel in Indianapolis, IN.

Negotiating a Final Settlement in a Personal Injury Case

Posted on July 28, 2015 by admin

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Negotiating a final settlement in a personal injury case is a common occurrence. It is much like buying a used car from a dealership. The salesman wants to sell the car at the highest price possible, while the customer wants the best price possible. So the negotiations continue until both parties are satisfied. An insurance adjuster and personal injury victim both want to come out on top during the negotiation process.

Although the insurance adjuster knows roughly how much the insurance company will pay out to the injured victim, they will try their hardest to negotiate the smallest payout that the victim is willing to accept. The victim knows what their personal injury damages are worth, so their attorney tries their hardest to get the highest possible payout from the insurance company or opposing party.

There are a few predictable circumstances and steps to the negotiations process that injured victims should familiarize themselves with in order to be better prepared when the time comes to recover the full and fair compensation they deserve after an accident. Continue reading to learn some common approaches to negotiating a personal injury settlement.

Settlement Negotiations Between Both Parties

The victim’s lawyer will ask for the highest amount first in a written demand letter. The insurance adjuster or opposing party will likely contest that amount by refuting the degree of liability or finding something else wrong with the claim. They may state that certain treatments, surgeries, or therapy was not necessary, or use some other type of similar excuse.

Once this happens, the victim’s lawyer will respond by negating their allegations and then asking for a certain amount of compensation for a second time. This is the time that the insurance company will counter with an insulting, low-ball offer to see if they can get lucky in the case that the victim is simply in a hurry to get a settlement check.

This is when the victim’s legal team responds by vaguely acknowledging the insurance adjusters interferences, and lowering the initial compensation request, but only slightly. At this time, an insurance adjuster is more willing to raise their low-ball offer, and most often do.

With a higher offer, the victim and their lawyer have the option to either accept the offer or to counter once again with the same compensation request, or one that is slightly lower once again.

This process continues like this until both parties come to an agreement on full and fair compensation for a victim’s damages. If an agreement cannot be made, then the case will go to court and a judge will decide the appropriate compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience in litigation and personal injury law, and are eager to represent your case. We offer free initial consultations and never collect lawyer fees unless we win your settlement. If you or someone you love has been recently injured as a result of another’s negligence, contact one of our seasoned Indianapolis personal injury lawyers for information regarding your rights following a serious accident.

Defining Defamation of Character

Posted on July 21, 2015 by admin

The term “Defamation of character” describes a situation in which a false statement or accusation is mentioned or written as fact about a person, and subsequently causes suffering and damage to that persons reputation. Defamation is also referred to as “slander” or “libel”, and is recognized under Tort Law.

General Damages

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When a persons’ name is “defamed” by another person, entity, or organization, there are consequences suffered as a result. This person can be scorned, ridiculed, hated, and shamed within their community because of a false accusation or statement about them. In more serious occurrences, slander situations can be on an even larger scale than just their community, especially if they are famous or well-known in the public eye.

In other cases, slander can cause many losses, such as child custody, employment, friends, and family support. If a person, organization, or other entity commits libel against a falsely accused person, it can result in a lawsuit, and more than likely not end in favor of the slanderer.

Legal Terms Concerning Defamation Law

There is terminology associated with defamation law, slander, and libel. These terms are important to be familiar with if ever involved in a defamation case. Knowing and understanding the facts surrounding a defamation case is crucial, and knowing these terms and phrases can help a person accomplish just that.

Oral Defamatory Statements

This occurs when a person, entity, or organization spreads a false statement or accusation vocally. This is an example of slander. Speaking these false statements and saying them out loud publically can come with consequences because it is categorized under defamation of character. In order to be recognized as actual slander, the person must have proof that it was said as fact, rather than opinion by the accuser. Oral defamatory cases are harder to prove because of these conditions and more. Sometimes slander cases are easier proven when malice is involved by the accusing party.

Malice

Malice can be described as intentional and hostile impulses of “meanness” or a desire to inflict suffering or harm on another person. If an entity, organization, or person commits any type of malice that can be proven, it can be a potential defamation case.

Defamation Per Se

“Defamation per se” are cases where there is so much obvious malice and harm to a reputation, that proof of intent is not required in order to pursue a defamation lawsuit against the accusing party. Accusing someone of having a contagious disease or committing an immoral crime (i.e. sex crimes, animal crimes, child crimes), is grounds for a defamation per se case.

Defamation Per Quod

“Defamation per quod” is the exact opposite of “defamation per se”. This is when malice and intent is not obvious at all, and proof is required to carry out a defamation lawsuit successfully.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for defamation of character claims and lawsuits in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury lawyers with extensive trial and litigation experience. Our law firm provides free initial consultations to discuss your legal claims, and never collects attorney fees unless they recover compensation for you. Call 317-881-2700 and schedule an appointment with a licensed personal injury lawyer in Indianapolis today.

Errors that May Waive a Counsel’s Right to Argue for Mistrial

Posted on July 14, 2015 by admin

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If counsel fails to ask the trial court to rebuke a juror during trial, has counsel, for purposes of an appeal, waived any claim of error for a mistrial? The Indiana Court of Appeals says, yes. Recently, in Upham v. Morgan County Hosp., 986 N.E.2d 834 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that the attorney’s failure to ask the trial judge for an admonishment of the jury pool waived the counsel’s right to argue for a mistrial later.

In order to be entitled for a mistrial, the defendant must be able to establish that the questionable conduct that occurred was so prejudicial and inflammatory that it placed the defendant in a “position of grave peril”. Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001), citing Gill v. State, 730 N.E.2d 709, 712 (Ind.2000).

For Example…

In Upham, the wife of a deceased patient brought a wrongful death action against a hospital and their physicians, for their failure to diagnosis her husband’s ruptured abdominal aortic aneurism. The medical review board ruled that the evidence supported a conclusion that the hospital met the applicable standard of care and a jury found for the hospital. On appeal the estate argued that the trial court should have ruled a mistrial after a prospective juror, a retired attorney for Eli Lily opined that malpractice suits were “the goose that laid the golden egg for trial attorneys and specifically plaintiff attorneys.” The plaintiff’s attorney further asked the prospective juror if he believed she was “taking this case just because she wanted an attorney’s figure” and didn’t believe in justice. While the prospective juror replied that he recognized counsel would receive one-third of any judgment, counsel did not ask the trial court to admonish the prospective juror regarding such prejudicial statements.

A trial court has discretion to grant or deny a challenge for cause, and such decision is appealable, as long as it is not illogical or arbitrary. Woolston v. State, 453 N.E.2d 965 (Ind.1983). If a juror serves and should have been removed for cause, the complaining party is entitled to a new trial, absent waiver. Haak v. State, 417 N.E.2d 321, 324 (Ind. 1981). Accordingly, on appeal, in order for a challenging party to prove that an erroneous denial of a challenge occurred and is entitled to a new trial without waiver, the party needs to show that they were unable to strike another objectionable juror because the party had exhausted their remaining peremptory strike.

Therefore, in Upham, The Indiana Court of Appeals held that counsel’s failure to ask the trial court to admonish the jury pool waived counsel’s right for a mistrial. Upon denying the counsel’s motion, the Court of Appeals said that Upham’s counsel invited much of the juror’s prejudicial statements.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional legal assistance in filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in accident law. They are happy to answer your questions about compensation, lost wages, medical bills, legal rights, and more, following a recent serious injury. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your consultation with a licensed personal injury lawyer in Indianapolis, today.

Can a Property Owner Be Held Liable for Injuries to a Trespassing Child?

Posted on July 7, 2015 by admin

Premise Liability Claims 317-881-2700

Children are filled with curiosity and liveliness, two highly influential factors to their growth and development. But sometimes curiosity and spirit can initiate boldness, which can get children into trouble; trouble, at the most unfortunate times, being injury or harm. If a child were to trespass onto another person’s property and injure themselves, who would be responsible for their injuries and subsequent losses? Are there are certain laws in place to protect them and their families in this type of situation? Continue reading for answers to these child injury premise liability inquires and more.

Common Principles of Premise Liability

Premise liability is the legal principle that holds property owners, occupiers, and even renters accountable for any injuries or harm sustained by another person on their premises. These cases are ruled by the notion of negligence, and whether or not the owner or occupier demonstrated such negligence that caused unintentional harm to another person. A property owner has a certain duty of care to take reasonable action to maintain safe and hazard-free premises. But if a person trespasses onto anothers property and sustains an injury, the property owner is not liable. In the past, even child trespassers injured on private property were owed no duty of care by the premise owners. Modernly, this is not the case anymore.

The Attractive Nuisance Ordinance

If something is so enticing to a child that it motivates them to enter onto another person’s property, it is considered an attractive nuisance. Things like trampolines, swimming pools, tree houses, ponds, creeks, boat docks, construction equipment, heavy machinery, power tools, holes, wells, tunnels, exotic animals, staircases, junk cars, lumber piles, fire pits, sand dunes, low roof tops, and more are examples of attractive nuisances. Under modern law, property owners must retain a duty of care by keeping safe premises in the case of trespassing children. This is called the attractive nuisance ordinance, and is an exception to premise liability law.

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Since modern law no longer expects children to understand what it means to trespass, and not appreciate the dangers it could involve, property owners have a special legal responsibility to make sure their premise is safe for kids that might enter their property unexpectedly. Property owners and occupiers are legally obligated to practice this special responsibility if they believe their premises might attract the interest of children, and is accessible by children.

If property owners, occupiers, or renters fail to meet this duty of care, they can be held liable for any injuries sustained on their property to children. Of course, courts also take into consideration a child’s age and intellectual capacity in order to determine whether or not they could understand the potential risk of injury on a person’s property. For example, if a person is digging an open pit in their backyard for a new swimming pool and hangs a sign that says “DANGER DO NOT ENTER”, they can still be held liable if a young child who cannot read enters their property and falls into the pit. On the other end of the spectrum, if a teenager with no mental handicaps enters the same property and sustains injuries, the owners may not be held liable for their damages.

For more details about attractive nuisances, premise liability, and child injury claims, consult a personal injury lawyer for trusted information and advice.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to set up a free initial consultation with a child injury lawyer in Indianapolis, IN today. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in premise liability and child injury cases. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 today for more information about child injury claims and premise liability in Indiana.

Learn About Gross Negligence in Civil Injury Cases

Posted on July 1, 2015 by admin

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Simply put: gross negligence, in terms of a civil injury case, suggests that an at-fault party was not just negligent and careless, but also, transparently reckless. Negligence is ignoring a certain standard of care or breaching an appointed duty of care, and as a result, an innocent victim is injured or harmed in some way. Take note that negligence doesn’t imply malicious intent or evilness, but rather, careless.

This concept is generally well-recognized and understood by adults. But when a person’s carelessness is exaggerated to the point of recklessness, it is considered a separate type of negligence called gross negligence. Continue reading to learn more about the meaning of gross negligence and how it is applied to personal injury cases and claims.

Gross Negligence Claims

Recklessness can be colloquially-defined as unreasonable and/or deliberate misconduct of a person. It is an act that upsets or alarms our society’s morals. There are significant, but hidden, differences between standard negligence and gross negligence. For example, if a driver is texting and subsequently rear-ends another vehicle at a stop sign, this is considered standard negligence. Whereas, if a person is speeding in an attempt to race other vehicles on the road, subsequently causing an accident that harms another driver and their passengers, this can be considered gross negligence.

Additional Examples of Gross Negligence:

• Hit and Run Cases
• Assault and/or Battery
• Sex Crimes
• Doctor Amputating/Removing Incorrect Limb or Organ
• Surgeon Leaving Foreign Object Inside Patient (i.e. bandages, thread, etc.)
• Permitting an Underage Driver to Operate a Vehicle
• Unsupervised Infants/Toddlers
• Wrongful Death Cases
• And More

Personal injury, as well as, property damage are common consequences of gross negligent behaviors. Since gross negligence is a blatant disregard for the law, or for personal responsibility to practice due care, it is common for punitive damages to be awarded to victims of such negligence, in addition to compensation for their losses and injuries. Contact a personal injury law firm if you or a loved one was recently injured by the negligent behaviors of another person or entity. You may be entitled to compensation for your losses.

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 information about filing a personal injury claim in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned Indianapolis personal injury lawyers with extensive trial and litigation experience. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a free consultation with a licensed personal injury attorney in Indianapolis, IN today.