Learn About Gross Negligence in Civil Injury Cases

Posted on July 1, 2015 by admin

Indianapolis Accident Attorneys 317-881-2700

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.

Personal Injury Settlement Checks

Posted on May 12, 2015 by admin

When a person is injured in an accident and sues for compensation, upon winning their case they should receive a financial settlement in the form of a check. This can take up to two years depending on the number of appeals, which is a common occurrence for personal injury lawsuits. Continue reading to learn about the process behind receiving a financial settlement after winning a personal injury lawsuit and more.

Personal Injury Lawyers 317-881-2700

Order of Settlement

After a case is settled or a trial is won, a personal injury lawyer has the responsibility of relaying this information to the court. When the court is informed that a case has been settled, they issue an “order of settlement”, which obligates both parties to completing a series of settlement paperwork. Depending on the state or the court, this paperwork must be completed and returned to the court within 30 to 60 days. One of the most vital components to the settlement paperwork is the release.

Release Documents

The defense attorney is responsible for preparing the release document. It is a document that underlies and sets forth all the terms of the settlement. Although this document can be narrowed down to a few short pages, it is common for defense attorneys to take their time on a release document, filling it with thick legalese reaching up to 20 pages long or more. Upon completing this release document, the defense lawyer will send it to the plaintiff’s lawyer for approval.

A release can be completely honest and direct, or it can be quite objectionable. This is why the accident attorney needs to approve it before it is finalized. This segment of a personal injury settlement can take some time because both attorneys have to come to an agreement. It can take days or even weeks to come to a reasonable consensus, delaying the entire settlement process. But in the case that the two attorneys cannot agree on the release, they will ask a judge to make the decision for them.

Now, when the release is agreed upon by both lawyers, the personal injury lawyer will send the release document to their client to review it and sign it. It is common for clients to do this in the presence of a licensed notary, perhaps in triplicate, for this part of the process. It is important for injured clients to carefully read through the release and asking their lawyer any pertinent questions about the document before adding their signature in front of a public notary. This is because there is no opportunity to alter this document once it has been signed and sent back to the defense attorney.

The Settlement Check

A settlement check is sent directly to the client’s lawyer, not the client or their insurance company. Again, this can take a couple of years to actually receive in the mail, depending on the amount of appeals and the productivity of the appellate court. This check generally will have the names of both the client and the attorney. This means it will need to be endorsed by the client before it can be deposited into their lawyer’s client-trust account. Once in this account, the lawyer will deduct their share of the settlement, which should have been negotiated at the time of hire. Another check will be issued by the law firm to the client of the remaining settlement amount.

Clients should ask their attorneys for a copy of the settlement check, or all checks totaling the settlement amount, sent by the insurance company, as well as, a financial breakdown sheet of the settlement, BEFORE the check is deposited into an attorney client trust account. This is the lawful right of every personal injury client.

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 and speak with a personal injury lawyer in Indianapolis about filing an accident claim, today. Lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished, seasoned accident attorneys with extensive trial and litigation experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your case. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Medical Malpractice and Surgical Error Lawsuits

Posted on March 17, 2015 by admin

Medical Malpractice Lawyers 317-881-2700

Surgery is meant to improve or enhance a patient’s quality of health, life, and well-being. But what happens when a surgery isn’t necessary, and worse, causes injury or suffering to a person? This could possibly be an example of a medical malpractice case depending on the circumstances. It is rare and difficult to prove a medical malpractice case because not all surgeries are guaranteed, protecting doctors and hospitals from becoming targets of malpractice lawsuits.

On the other end of the spectrum, medical malpractice is a real thing and can happen to anyone. A common question about malpractice claims regards the extent of which a surgery was actually needed or necessary. Many patients of “unnecessary surgeries” are wondering if they have a valid claim against their doctors, surgeons, and medical organizations; especially if their surgery caused them extensive pain, suffering, and other damages, or went wrong in some way or another. Continue reading to learn a few brief facts about medical malpractice law and more.

Medical Malpractice Surgery

More than 40 million surgeries are performed each year. With numbers like these, there has to be a fraction of surgeries that have caused patients’ injuries or death. And although millions of operations are undergone year after year, not all of them are actually necessary. In fact, nearly half of all surgeries are not “necessary.” Many are cosmetic, voluntary, requested, and more. And many others are fully disclosed as tentative or trial operations to see if they can improve or enhance a person’s life and health. This is especially true for people with cancer, chronic health conditions, and orthopedic restrictions and complications.

Indianapolis Accident Lawyers 317-881-2700

Since surgery comes with certain risks, patients take on a certain degree of personal responsibility in opting or agreeing to it. This protects doctors and hospitals from medical malpractice lawsuits so long as they did their part one hundred percent accurate and correct. If a surgery causes complications like blood clotting, damage to organs, hemorrhaging, or other exemplary risks, a lawsuit will not hold up in court. This is because the surgery causes these damages, not the negligence of the doctor, surgeon, or hospital. On the other hand, if a doctor or surgeon uses the wrong instrument, or makes a surgical error, (like removing the right kidney instead of the left), then a patient will most likely have a valid and strong medical malpractice claim.

Malpractice law is very tedious and complicated, which is why it is strongly encouraged to seek professional legal counsel from a licensed and experienced personal injury lawyer. They retain the knowledge and facts to answer all your questions and make you feel comfortable moving forward with a claim. Trust an accident attorney for all aspects of your medical malpractice case.

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 medical malpractice in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek can answer all your questions about malpractice lawsuits, surgical errors, personal injury claims, and more. We offer free initial consultations never charge attorney fees unless we prevail for you. Call 317-881-2700 and speak with an Indianapolis personal injury lawyer, today.

Bicyclists and Drivers: Who’s At Fault in the Case of an Accident?

Posted on March 2, 2015 by admin

Bicycle Accident Claims 317-881-2700

Many bike lanes have been added to several busy streets and roadways throughout the state. While many drivers are not happy about it, avid cyclists are very pleased. It’s been a common debate/initiative between riders and the city to improve bike routes on major roads to support safer commutes. But did giving cyclists their bike lanes improve their security while riding on the road? Or did it just cause drivers more anxiety trying to safely navigate around them, especially during rush-hour times?

Regardless of the answers to these questions, there is a bigger question on our minds. That question asks about liability in the case that a driver hits a cyclist who is in a designated bike lane, and why. Continue reading to explore this topic, and learn what circumstances might hold both parties accountable for these kinds of accidents and injuries.

Bike Lane Accidents and Injuries

It is important to point out bikers’ rights on the road to get a foundation of understanding when comprehending liability in the case of an accident involving motor vehicles. First, all cyclists have legal rights on the road, so long as they are obeying all traffic signals and road rules. If there are designated bike lanes in which a biker is using responsibly, and a negligent driver hits them, the biker would have legal rights to pursue a lawsuit against the driver for their damages.

Bicycle Accident Claims 317-881-2700

In other cases, if a biker was the one who acted negligently by making themselves vulnerable to danger, or failing to obey traffic laws, they could be at-fault for any injuries sustained in a biker/car accident. For example, if a person on a bicycle is under the influence of drugs or alcohol, and they swerve into the traffic lane outside of the bike lane, causing them to get hit, it would not be the driver’s fault because the driver was obeying the rules of the road and respected the boundaries of the bike lane. Because the biker was intoxicated, it would be found that they were negligent.

On the other hand, if a driver was behaving negligently behind the wheel, whether speeding, texting, eating, or under the influence, and a biker was responsibly navigating their own bike lane, the driver would be held accountable for any injuries sustained to the biker in the case of an accident.

There are several stipulations and exceptions to the rules of a personal injury claim. This is why it important to hire professional legal counsel for accurate information and assessments. They retain the proper resources and experience to litigate your case and recover full and fair compensation for your damages, whether in a settlement or
court case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a bicycle accident lawyer in Indianapolis about filing a personal injury claim against a negligent driver. Attorney Daniel Craven, has decades of litigation and trial experience, and will work fervently to recover the compensation you rightfully deserve. We offer free initial consultations to discuss your case, and we never charge lawyer fees unless we recover for you in a settlement. Call 317-881-2700 for information about bicycle accident lawsuits in Indianapolis, IN today.

Choose Craven, Hoover, and Blazek P.C. for Indianapolis Personal Injury Representation You Can Trust!

Posted on February 27, 2015 by admin

Personal Injury Law Firm 317-881-2700

Craven, Hoover, and Blazek P.C. is a highly respected and seasoned personal injury law firm located in downtown Indianapolis, Indiana. We retain a team of skilled accident attorneys with extensive litigation and trial experience. When it comes to recovering full and fair compensation for damages following a serious injury, we are the law firm to choose. We offer free initial consultations so that clients are not subjected to out-of-pocket expenses on our first visit to assess our claim.

And Craven, Hoover, and Blazek P.C. never collects any upfront lawyer fees, and only collects fees if we win your settlement. Call us at 317-881-2700 and speak with a friendly and knowledgeable company representative to learn more about our Indianapolis personal injury law firm, today.

We are the Personal Injury Lawyers that Will Recover the Full and Fair Compensation You Deserve Following a Serious Accident in Indianapolis, Indiana!

Personal Injury Lawyers 317-881-2700

When you call Craven, Hoover, and Blazek P.C., you can expect a prompt and friendly greeting from a knowledgeable and caring company representative or administrator. You will then have an opportunity to ask any questions you like, set up a free initial consultation, or request to speak with a licensed accident attorney. Compassion is apparent when you come to Craven, Hoover, and Blazek P.C. with your legal afflictions. We care about our clients and our clients’ families. Call us directly at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, IN today.

How Much Does a Personal Injury Lawyer Cost?

Posted on February 2, 2015 by admin

Indianapolis Accident Lawyers 317-881-2700

Depending on the type of legal services and representation needed, legal fees and lawyer costs will vary. These kinds of costs also vary from law firm to law firm, and often times, depend on the complexity of a client’s case. Knowing the types of fees and prices for lawyers is an important part of choosing a legal team that fits your needs. It is encouraged to ask lawyers questions about their fee arrangements and billing practices ahead of time so that you are better-prepared when the final bill comes and you can fully-comprehend its charges. A lawyer should be open and more-than-willing to disclose payment and billing details to potential clients.

Keep in mind that cheaper is not better when it comes to your legal protection. Be prepared to spend a good hunk of money on effective and reputable legal services. A reputable law firm’s attorney prices should be high but reasonable. Continue reading to learn about common billing practices and rates used by attorneys and law firms in general, and then more specifically, personal injury lawyers.

Lawyer Rates

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. The most common are hourly rates, flat rate fees, retainers, and contingent fees. Here is a basic description of each:

Retainers

A legal retainer is an upfront payment, given in advance, to a lawyer for their services. Retainers are usually accompanied with hourly billing. Paid retainers are generally placed in a special trust account, and then debited as legal fees accrue. It is important to monitor legal retainers and billing statements as representation continues to ensure proper invoicing. Keep in mind that retainers are not refundable, with very few exceptions.

Hourly Fees

Charging by the hour is the most common billing practice used by attorneys and law firms. A lawyer can choose to charge clients by the hour, based on all the hours they put into a client’s case. The hourly-rate is either pre-set or agreed upon between clients and lawyers. Hourly rates will depend on a lawyer’s experience, location, overheads, and more. It is important to retain the legal services of an experienced attorney.

Contingent Fees

Contingent fees are the most common form of billing practice used by personal injury law firms and attorneys. This payment arrangement works by not charging clients any retainers or upfront fees, but collecting up a percentage of whatever monetary settlement they recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 today and speak with licensed personal injury attorney, Daniel Craven, about filing an accident claim in Indianapolis, Indiana. We offer free initial consultations and never collect attorney fees unless we prevail for you! Call 317-881-2700 for questions about personal injury lawsuits or to schedule a consultation with a seasoned Indianapolis personal injury lawyer you can trust.

Safety Tips Following Airbag Deployment in a Motor Vehicle Accident

Posted on January 12, 2015 by admin

Car Accident Lawyers 317-881-2700

Modern vehicles have an airbag system meant to protect drivers and passengers from sudden impact or ejection. In older model cars and trucks, there is typically only one airbag, and it’s located in the steering wheel or driver’s side dash. Newer model vehicles are more likely to come equipped with driver-side and passenger-side airbags; and others even come with side-cabin airbags, headrest airbags, rear-seat airbags, and more.

There are several crash sensors located all throughout a vehicle that relay instantaneous messages to the airbag control unit when they sense the car’s physical well-being has been damaged. The airbag control unit then responds by initiating airbag deployment. From the moment a vehicle’s crash sensors detect a collision, to the moment the airbags deploy, only a fraction of a second passes by. This entire process from start to finish happens faster than a person can blink an eye.

Airbags are enormously advantageous and revolutionary assets to our society. This is because they provide a soft cushion in the case of a sudden impact or collision, preventing serious head and chest injuries, brain injuries, orthopedic injuries, ejection from vehicles, and more. Although airbags are meant to, and do, save lives, they can also cause minor to moderate injuries; especially if seat belts are not worn.

Airbags are designed to work in conjunction with a vehicle’s safety restraints. Failure to properly restrain oneself in a vehicle can result in more severe airbag injuries or more serious injuries. After being involved in a motor vehicle accident that causes your airbags to deploy, it is best to know what to do next for the safety of yourself and your passengers. Continue reading to learn the proper steps to take after an airbag system deploys in a vehicle.

Airbag Injuries

It is very common for a person to experience an airbag deployment at least once in their lives. For this reason, it is helpful to know how to handle this type of situation in order to reduce anxiety, stress, and shock if it does ever happen. Keep in mind that airbags don’t just deploy in serious car accidents, they can also deploy from minor ones as well. For example, in some vehicles, if the crash sensors detect abrupt and forceful braking, the airbags might deploy. In any case that airbags deploys, here are the steps to take to ensure your safety and security:

Assess Your Health

Car Accident Injury Claims 317-881-2700

Immediately after the airbags deploy and your vehicle has come to a complete stop, the first thing to do is assess your health and the health of any passengers that might be with you. Are you and your passengers conscious? Take a look at all extremities and skin, checking for burns, abrasions, or possible broken bones. Consider the head, neck, back, and spine; how do they feel and do you believe they’re injured? Can you walk? Can you talk? Can you see? Do you feel nauseous?

These are all important considerations for drivers and passengers after an airbag deploys. If you conclude that you are in good health, begin to offer help to other passengers, as well as, any other individuals that were involved in the accident.

Seek Immediate Medical Attention

Even if you and your passengers feel as though everything is fine, sometimes adrenaline or shock can null pain and injury. Also, concussions and head traumas can lie dormant for days before becoming evident. This is why seeking immediate medical care is vital. In almost all cases, an emergency vehicle or EMT crew will arrive minutes after a car accident to do just this. They can offer medical care at the scene, or provide transportation to the hospital for more serious injuries.

For accidents that do not involve injury

Once the airbag deploys, and you are sure you are not injured, the first thing to do is turn the vehicle’s engine off and get out of the vehicle. Most of the time this happens automatically when airbags are deployed; but if for some reason the vehicle does not turn off, be sure to do it yourself. This prevents explosions or fires in the case of fuel leaks. So as soon as you are stable, turn the ignition off and give yourself some distance from the vehicle.

If you were recently involved in a motor vehicle accident in which you believe the airbag malfunctioned, or you were injured as a result of another driver’s negligence, contact a personal injury law firm right away. They have the proper knowledge and resources to recover compensation for victims of negligent car accidents and injuries.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with licensed accident lawyer, Daniel Craven, about motor vehicle accident claims in Indianapolis, Indiana. Our personal injury law firm offers free initial consultations and never collects legal fees unless we earn your settlement. Call 317-881-2700 and schedule an appointment with a seasoned car accident attorney in Indianapolis, IN to learn your rights, today.

Types of Additional Insurance Coverage Recommended for All Drivers

Posted on September 29, 2014 by admin

Car Accident Attorneys 317-881-2700

No matter how old you are, and how long you have been driving, there is always something new you can learn to better protect yourself and others on the road. In today’s case, it’s insurance coverage for motor vehicle accidents and injuries. Yes, you probably already have car insurance, as you must, but there are additional coverage plans that can drastically influence an outcome of a motor vehicle accident; especially if that accident results in injury or death. These kinds of accidents can happen to anyone, at any time, so it is best to be prepared to the fullest. This is especially beneficial for adolescents and new drivers.

Limited Liability Insurance Coverages

The reason it is so highly recommended to consider additional insurance coverage is due to liability limits. When a person purchases a new policy, a liability limit is established. The liability limit is the amount of compensation that would available to a person or family in the event that you negligently cause a motor vehicle accident in which someone were injured or killed. This kind of insurance is highly beneficial because it protects your assets from being liquidated in order to compensate a victim or their loved ones after your insurance liability limit is reached. The more personal assets you own and need to protect, the higher your liability limit should be.

Although all drivers and car owners are obligated by Indiana law to have a minimum amount of liability insurance, it is not enough in the event that a person is seriously injured or killed. This mandatory liability coverage is meant to ensure that a valid policy is in place to cover bodily injury and vehicular damages. In Indiana, the mandatory liability coverage is 25/50/10; which means $25,000 per person, $50,000 per accident, and $10,000 for property damages (in the case that your car accident caused property damages). The 25 is for yourself, to cover medical expenses, hospital bills, and vehicle damages, if you were the only one in the vehicle. If multiple people were injured, the 50 is divvied among each injured person in the victim’s vehicle. Now here is where the trouble can start if you don’t have ample liability coverage.

If your insurance limit only covers $50,000 for each injured victim, but their accumulated damages cost more than 50 grand, who is responsible for the remaining difference? This is where it can get complicated. Contact an Indianapolis Personal Injury Law Firm and speak to a licensed attorney about your case in order to learn your specific options. Take a look at the types of additional insurance coverage that can prevent these predicaments and compensation problems following a motor vehicle accident.

Insurance Plans that Provide Peace of Mind:

✤ Medical Payment Coverage

This coverage, also referred to as “medpay”, is an optional policy you can add onto your existing auto insurance plan. This coverage is meant to cover medical expenses following a car accident, regardless of who is at-fault. This is beneficial coverage because it pays for a person’s medical expenses while their treatment is ongoing. This is great for people who do not have private health insurance coverage, and can’t pay out-of-pocket for treatment while waiting for reimbursement checks from the auto insurance company.

✤ Un-Insured and Under-Insured Coverages

UM insurance is very important to have and should be strongly considered by all drivers who do not already carry this type of insurance. In the case that a you are involved in a car accident, and the negligent driver does not have enough insurance, or personal coverage, to compensation you for your bodily injury and vehicle damages, your UM coverage will come in handy. If the at-fault driver does not have insurance at all, then this is another instance where UM insurance coverage helps. You won’t be stuck paying for your own vehicle damages and medical expenses and more if the negligent driver has no insurance, or not enough.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and schedule a free initial consultation with one of our licensed personal injury lawyers in Indianapolis, Indiana. Seasoned attorney, Daniel Craven, and his fellow colleagues, are eager to help you recover the full and fair compensation you deserve after being injured in a motor vehicle accident. We provide comprehensive legal services for car accident victims and their families, and we never collect lawyer fees unless we obtain compensation for you! Call 317-881-2700 to learn more about your rights following a personal injury in
Indianapolis, IN or its surrounding counties.

Is an Unfortunate Medical Outcome Necessarily Medical Malpractice?

Posted on September 15, 2014 by admin

Medical Malpractice Lawyers 317-881-2700

Medicine and medical care is, without a doubt, one of the most delicate and complicated industries. No matter how proficient or well-versed a physician or surgeon may be, it is inevitable that at some point in their career, they will experience at least once unsuccessful treatment or medical case. All doctors and superintendents in the medical field are well-aware that not all cases can be successful or treated; and the law comprehends this notion as well.

This protects hospitals and physicians from medical malpractice lawsuits in the case of a tragic and unfortunate medical outcome. If a patient perishes or becomes more ill from a particular treatment or illness, it is not always immediately connected to medical malpractice.

Medical Malpractice Lawsuits

When it comes to a medical malpractice lawsuit, courts and lawyers work diligently, using a methodical approach, to investigate the circumstances of a patient’s treatment, illness, or death. It is their jobs to distinguish the difference between an unexpected or inevitable misfortune, and actual medical malpractice. There are standards of care in the wider medical community, and these standards are how the law identifies medicine malpractice cases. So if doctors or personnel fail to meet these standards and a tragedy occurs, then malpractice may be at play. In this case, families may be entitled to compensation for wrongful death and medical malpractice, and encouraged to pursue a lawsuit.

When it comes to medical mistakes or surgical errors, these cases are rarely cut and dry. In order to accurately assess and investigate the underlying circumstances and causes of such errors, families need a skilled and seasoned Indianapolis medical malpractice attorney to evaluate their case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to schedule a free initial consultation with a licensed and highly accomplished medical malpractice lawyer in Indianapolis, Indiana. Attorney Daniel Craven, and his fellow colleagues, are extensively well-versed in medicine malpractice law and will work fervently to recover the compensation your family deserves after suffering a loss or wrongful death. We provide all-inclusive customer support and never collect lawyer fees unless we obtain compensation for you. Call 317-881-2700 for more information about filing a medical malpractice lawsuit in
Indianapolis, IN today.

On What Grounds Can a Personal Injury Victim Recover Compensation?

Posted on August 18, 2014 by admin

Personal Injury Lawyers 317-881-2700

When a person is injured in an accident, and suffers serious injury or mental trauma, it is important to decide who is at fault for the incident. This is called comparative fault analysis and is widely used as a guide in personal injury cases. It is the report given by the jury, to the judge at the closing of a personal injury trial. Basically, if a victim or plaintiff is 49% (or less) at-fault, then they are most likely entitled to basic remuneration. If they plaintiff is 50% at-fault, or greater, then there is no chance for recovery.

An accident that causes a person serious injury or harm must be caused from another’s negligence or carelessness. This could be a person, company, or manufacturer. The most common negligent personal injury cases include drunk driving accidents, slip and falls, dog bites, assault, medical malpractice, product liability, motor vehicle accidents, workplace accidents, and sexual harassment. Continue reading to learn more about comparative fault analysis and additional stipulations that can make or break a victim’s personal injury lawsuit.

Personal Injury Lawsuits and Settlements

Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a personal injury accident. There are details that go into making these distinctions. For example, if a person was injured as a result of their own negligence, they will not be awarded compensation for their damages. This can happen if a person slips and falls in a grocery store, on a rainy day, even when there are “wet floor” signs placed throughout the premises. This person would not be considered a victim of a negligent accident. On the other hand, if it were a sunny day and no “Caution: Wet Floor” signs are posted even though there is a puddle or spill, the grocery store is accountable for that person’s damages if they are injured as a result of the wet spot.

Another example involves motor vehicle accidents. If a pedestrian, passenger, or driver is injured as a result of a drunk driver, they are considered victims using the comparative fault analysis formula; however, if a person was not obeying traffic signals or street signs, and is hit by another driver, they will most likely be held responsible for their own damages because they were the negligent party in the accident. All of these perspectives must be considered in order to properly determine which person is at-fault in a personal injury lawsuit. The same idea is applied for workplace accidents. If an employee is injured at work or while performing work-related duties, they are entitled to compensation for their damages; however, on the other hand if that employee was injured as a result of their own negligence (i.e. improper use of company equipment, not wearing proper safety gear, etc.), they are accountable for the incident.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a knowledgeable and licensed personal injury attorney in Indianapolis, Indiana today. Attorneys Daniel Craven, Ralph Hoover, Keith Blazek, and their legal teams are highly accomplished accident lawyers with decades of personal injury litigation and trial experience. We offer free initial consultations to assess your case and determine if you are a victim of a negligent accident. Also, we never collect attorney fees unless we win your settlement and recover full and fair compensation for your damages. Call 317-881-2700 to learn more about personal
injury lawsuits in Indianapolis, IN.