Legal Guidance for Indiana Auto Accident Victims: Claiming Compensation and More

Posted on March 15, 2024 by admin

Indiana’s thoroughfares and highways see thousands of auto accidents every year, leaving victims grappling with physical, emotional, and financial distress. Understanding the legal landscape and knowing your rights is crucial in seeking appropriate compensation for the aftermath of a motor vehicle collision.

In this comprehensive guide, we’ll walk through the critical legal steps Indiana residents should take in the event of a car or truck accident, demystify the personal injury claim process for compensation, and shed light on the vital role of legal representation to ensure you receive the justice you deserve.

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Brief Overview of Indiana Auto Accident Laws

Before the frantic moments of motor vehicle accident, most drivers have little time to consider Indiana’s laws regarding auto accidents. Familiarizing yourself with these laws after the fact is essential as they often dictate the compensation and liability claims process. Indiana follows a ‘fault’ system for car wrecks, meaning the person to blame (or at fault) for the accident is the one responsible for resulting damages. The at-fault person’s insurance carrier is the entity that pays for damages caused by their at-fault insured.

Comparative Fault Law

Indiana employs a modified comparative fault law, which can affect your claim if you were also partially at fault for the incident. According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.”

Under this law, your recovery may be reduced by a percentage equivalent to your degree of fault. However, if you are found to be more than 50% at fault, you may not be entitled to any compensation.

Claim Filing Deadlines

In Indiana, the statute of limitations for filing a personal injury lawsuit is generally two years, starting from the date of the accident. This deadline is critical to claim compensation through the legal system, so acting swiftly is paramount. If the at-fault party is a governmental employee you have as little as 6 months to file a tort claim notice or you cannot pursue your case.

Steps to Take After a Car Accident

The moments and days following a car accident can be chaotic, but understanding the proper course of action can significantly impact the trajectory of your compensation claim.

Immediate Actions – Immediately after a motor vehicle collision, prioritize safety by moving to a safe location and seeking medical help if needed. Then, call the police to the accident scene, which is required by law if there are any injuries or considerable property damage.

Documenting the Scene – Collect as much information as possible, including the other driver’s contact and insurance details, eyewitness accounts and their contact data, and photographs or video of the accident scene. This documentation will serve as crucial evidence when filing for compensation.

Legal Process for Claiming Compensation

Navigating the legal intricacies of filing a compensation claim can be overwhelming for an accident victim. Understanding the process and having the right legal team by your side is instrumental.

Filing an Accident Claim with Insurance Companies

While Indiana motorists are required to carry insurance, dealing with insurance companies can be challenging. You’ll need to file a claim with the at-fault party’s insurance, or your own if the other driver is uninsured or underinsured.

Seeking Legal Representation for Personal Injury Claims

For all claims it is advisable to seek legal representation. A skilled car accident attorney can guide you through the legal process, negotiate with insurers, and advocate for the maximum compensation you deserve.

Understanding the Statute of Limitations in Indiana

Indiana’s statute of limitations for filing a personal injury claim is two years, so it’s important to initiate the legal process within this time frame to preserve your right to compensation. As stated above, if the at-fault party is a governmental employee you have as little as 6 months to file a tort claim notice or you cannot pursue your case. It is best to hire an attorney as soon as possible after an automobile collision so vital evidence can be obtained and kept before it disappears.

Factors Affecting Auto Accident Compensation

The compensation you can potentially receive after an auto accident is influenced by various factors, ranging from the severity of injuries to the clarity and strength of the evidence presented.

Types of Damages Available

In Indiana, victims of auto accidents can typically claim three types of damages:

Economic Damages: These include present and future medical bills, property damage, and lost wages due to injury.

Non-Economic Damages: These are more subjective and cover pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages: These are granted in cases of egregious misconduct and are aimed at punishing the at-fault party and as a deterrent to others who might engage in the same egregious conduct.

Assessment of Damages

To seek compensation, an assessment of your damages, particularly medical expenses, is necessary. A qualified attorney can help assemble evidence to support your claim, including medical records and expert testimony if required.

Seeking Legal Assistance for Your Injury Claim

Given the complexities of the legal system and insurance claims, consulting with a reputable personal injury attorney is a prudent step for any automotive accident victim. Your auto accident attorney’s role is multi-faceted — from ensuring you meet filing deadlines to advocating for your rights in court. An experienced car accident lawyer can provide invaluable insights into your case, evaluate your claim’s strength, and outline the potential compensation. They can also handle the legal legwork, including evidence gathering, negotiation and litigation, on your behalf. Their representation can significantly enhance your chances of receiving fair and just compensation for your injuries and losses.

CONCLUSION

For Indiana car accident victims, claiming compensation involves navigating a complex web of legal and insurance-related challenges. By understanding the state’s auto accident laws, taking the right actions after the incident, and enlisting the support of a knowledgeable personal injury attorney, you can protect your rights and pursue the compensation you deserve.

Don’t shoulder the burden alone; seek the guidance of experienced civil litigators who specialize in auto accident injury claims and put their expertise to work in your favor. Whether you’re dealing with minor fender-benders or catastrophic collisions, the road to recovery starts with informed and strategic legal action.

Are you an Indiana resident who is a recent victim of a wrongful car or truck accident? Was your loved one killed by a negligent driver? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee initial consultation with an experienced auto accident injury lawyer in Indianapolis, Indiana. If you are unable to travel, we can hold meetings over the phone or via video conference. We can also make trips to your place of in-patient medical care or your home if needed.

Ten Essential Questions to Ask Your Lawyer After a Car Accident

Posted on January 26, 2024 by admin

Navigating through the aftermath of a motor vehicle accident can be a challenging ordeal, fraught with uncertainty and stress. Key to your recovery, and possibly the most crucial step, is engaging a proficient auto accident attorney to guide you through the intricacies of personal injury claims. But how can you ensure that you are fully informed and able to make the right decisions? A good starting point is asking the right questions.

In this blog post, we will explore the ten essential questions you should ask your lawyer after a car accident to ensure you understand your rights, potential personal injury damages, and the path toward a successful personal injury claim.

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Ask Your Car Accident Lawyer These 10 Questions

1. How Much Experience Do You Have With Motor Vehicle Accident Cases?

Experience is paramount when it comes to legal representation, especially in a niche area such as car accidents. It’s essential to know how long your attorney has been handling similar cases and their track record of success. This information will give you an idea of their expertise and ability to handle your case effectively.

2. What Is Your Specific Experience in Personal Injury Law?

While experience is vital, it’s equally crucial to know your lawyer’s specific area of expertise within personal injury law. This specific experience could make a significant difference in the outcome of your case, as different types of accidents and injuries may require different legal strategies. Ensure that your chosen litigator has experience handling motor vehicle accident, wrongful death, medical malpractice, product liability, slip and fall, trucking dog bite and other types of injury cases specifically. The attorneys at Craven, Hoover & Blazek, P.C. have nearly 100 years of combined experience.

3. Will You Be Handling My Case Personally, or Will It Be Handed Off to Other Attorneys?

Some law firms have a team approach where different attorneys may handle various aspects of your case. While this is not necessarily a bad thing, it’s important to know who will be responsible for making key decisions at each stage of the process and ensure that you have a good rapport with your assigned lawyer.

4. What Is Your Fee Structure?

Most personal injury law firms work on a contingency fee basis, meaning they only get paid if you win your case. However, it’s still crucial to understand their fee structure and the percentage they will take from any settlement or award you receive. This information will help you plan your finances better and avoid any surprises later on.

5. What Is the Statute of Limitations for Filing a Personal Injury Claim in My State?

Each state has its own deadline, known as the statute of limitations, for filing personal injury claims. It’s essential to know when this deadline is in your state so that you can take timely legal action and avoid losing out on any potential personal injury damages.

6. What Type of Compensation Can I Expect for my Personal Injury Claim?

Your lawyer should be able to provide you with a rough estimate of the types and amount of compensation you may receive for your personal injury claim. This information will help you set realistic expectations and understand what expenses may be covered, such as medical bills, lost wages, and pain and suffering.

7. How Long Will It Take to Resolve My Personal Injury Claim?

The length of time it takes to settle a personal injury claim can vary depending on various factors, such as the complexity of your case and the willingness of both yourself and of the other party’s insurance carrier to negotiate. It’s essential to have a rough timeline in mind so that you can plan accordingly and avoid any unnecessary delays.

8. What Is Your Approach to Negotiating Settlements?

While most personal injury claims are settled out of court, it’s still important to know your attorney’s approach to negotiating settlements. Understanding their negotiation style can help you decide if they are the right fit for your case. Ask your attorney about their style and approach towards negotiations so you know what to expect.

9. How Will You Communicate With Me Throughout the Legal Process?

Clear and regular communication is vital when working with a lawyer. Ask about their preferred method of communication, how often you can expect updates on your case, and who will be your point of contact. This information will help ensure that you stay informed and have a good working relationship with your lawyer.

10. What Can I Do to Help Strengthen My Personal Injury Claim?

Your lawyer is there to guide you and handle the legal aspects of your case, but there are also things you can do to help strengthen your claim. Ask your lawyer for any specific steps you should take, such as keeping your medical treatment appointments in a timely fashion and being clear with the doctors about what your specific complaints are, to ensure the best possible outcome for your personal injury claim.

Final Thoughts

Asking these ten essential questions will not only help you choose the right auto accident lawyer for your case but also give you a better understanding of the legal process and what to expect. Remember, it’s crucial to have an experienced and knowledgeable attorney by your side when dealing with a personal injury claim to ensure that you receive the full and fair compensation you deserve for your damages. Don’t hesitate to ask any additional questions or seek clarification throughout the process – it’s your right as a client to be informed and have peace of mind during this challenging time.

Don’t shy away from asking tough questions and advocating for yourself with the help of a skilled civil litigator. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case consultation with an experienced car accident lawyer in Indianapolis. If you are unable to travel, we can hold meetings over the phone or via video conference. We can also make trips to your place of in-patient medical care.

5 Reasons You Need a Car Accident Lawyer After a Collision

Posted on December 5, 2023 by admin

Accidents happen, and when they do, they can turn your world upside down. The aftermath of a car collision can be a whirlwind of stress, confusion, pain and uncertainty, particularly if you’ve sustained injuries. Many people make the mistake of trying to navigate these troubled waters alone, underestimating the complications that can arise from injury claims, insurance companies and legal processes.

If you’ve found yourself in this predicament, it’s vital to know that you’re not alone, and help is closer than you think. Here are the top five reasons why securing a car accident lawyer to guide you through this tumultuous time can be the best decision you make.

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5 Advantages of Hiring a Car Accident Lawyer After Being Hurt in a Wreck

1. Protecting Your Rights

After an accident, it’s crucial to understand your legal rights and the options available to you. A car accident lawyer specializes in personal injury law and has a thorough understanding of your rights as an accident victim. They can help you navigate through the complexities of the legal system, ensuring that you receive fair compensation for your injuries and losses. An automotive injury lawyer can also represent you in court if necessary, protecting your rights and interests every step of the way.

2. Knowledge and Experience

Navigating the legal system on your own can be a daunting task, especially when you’re dealing with injuries and medical bills. Hiring a car accident lawyer means having someone by your side who has the knowledge and experience to handle your case effectively. They understand the intricacies of tort law and can help you document a strong case to support your claim. Moreover, they have experience dealing with insurance companies and will know how to negotiate for a fair settlement on your behalf.

3. Gathering Evidence

In any legal case, evidence is crucial, and motor vehicle accident cases are no exception. A lawyer can help you gather and preserve evidence that will strengthen your case, such as medical records, police reports, witness statements, and any other documentation relevant to your accident. They also have access to expert witnesses who can provide valuable insights into your case, further strengthening your claim.

4. Dealing with Insurance Companies

Insurance companies are notorious for trying to minimize payouts and protect their bottom line. They make multi-millions and billions every year and they don’t make those kinds of profits paying out full and fair settlements. Dealing with them on your own can be overwhelming, and they may try to take advantage of you in your vulnerable state. Having an auto accident lawyer on your side means having someone who knows how to handle insurance companies and will fight for your rights to fair compensation.

5. Peace of Mind

The aftermath of a car accident is stressful enough without having to worry about legal proceedings and insurance claims. Hiring a motor vehicle accident lawyer can provide you with the peace of mind that comes with knowing your case is in capable hands. You can focus on recovering from your injuries while your personal injury lawyer handles the legal details, ensuring that you receive fair compensation for your losses.

In Summary

After a collision, it’s vital to have an experienced car accident lawyer by your side as soon as possible to protect your rights and guide you through the legal process. Their knowledge, experience, and ability to handle insurance companies will give you the best chance of receiving fair compensation for your injuries and losses. Don’t try to navigate this challenging time alone; hire a car accident lawyer and let them handle the complexities while you focus on recovering from your injuries. Remember, help is closer than you think. Stay safe on the roads. Drive with caution and always keep your eyes of for other drivers not using reasonable care.

Get started on your auto accident injury claim with the right team of professionals on your side. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned car accident lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

Understanding the Legal Consequences for Distracted Drivers

Posted on March 13, 2023 by admin

Distracted driving is a major cause of car accidents, and it’s becoming an increasingly serious problem. Every year, thousands of people are injured or killed due to drivers who weren’t paying attention to the road. In response, many states have enacted distracted driving laws that make it illegal for motorists to use their cell phones while behind the wheel. But do you know what your legal rights and responsibilities are when it comes to texting and driving? Are there any specific consequences if you get caught? And if someone else causes an accident because they were distracted, what should you do as a car accident lawyer?

In this blog post, we’ll explore these questions in more detail so that you can better understand the legal consequences of operating a vehicle while distracted or preoccupied. We’ll also look at how car accident lawyers can help protect your rights after an accident caused by someone else’s negligence.

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Examples of Distracted Driving

Distracted driving has become a serious hazard on the roads because it distracts drivers from paying attention to the task at hand – driving safely. Examples of inattentive driving may include conducting personal grooming, attending to children and animals in the car, using mobile devices for texting or talking, applying makeup, looking down while reaching for anything and rummaging through your purse or briefcase. Additionally, eating while driving and changing your music can also be considered distracted driving. Drivers should remember that distracted driving endangers not only their life, but the lives of other passengers and drivers on the road. In many cases, operating a motor vehicle while fatigued or upset can also be considered inattentive driving.

What You Need to Know About Driving While Preoccupied

First and foremost, it’s important to understand that distracted driving is illegal in many states. Most laws prohibit the use of cell phones while operating a motor vehicle, including talking on the phone, texting, or using social media apps. Violating these laws can result in hefty fines and even jail time if you’re convicted. In some cases, drivers may also lose their licenses for a period of time after being caught engaging in distracted driving.

Distracted Driving Car Accidents

But what happens if someone else causes an accident due to distracted driving? In this case, auto accident lawyers can help investigate the facts of the crash and determine who was at fault for causing the collision. If it turns out that another driver was distracted when they caused your accident, car accident lawyers can pursue compensation on your behalf. In some cases, car accident attorneys may be able to negotiate a settlement with the other driver’s insurance company or file a lawsuit if necessary.

Distracted Driving is a Serious Risk

At the end of the day, it’s important to remember that distracted driving is illegal and can have serious consequences for both drivers involved in an accident. If you’re ever injured by another driver who was distracted, contact car accident lawyers immediately so they can protect your rights and seek the compensation you deserve. Understanding the legal consequences of distracted driving will help ensure that you stay safe on the road and avoid any costly mistakes related to this dangerous behavior.

Conclusion

Distracted driving poses significant risks to motorists and must be avoided at all costs. If you’re injured in an accident caused by someone else’s negligence, car accident lawyers can help protect your rights and pursue compensation on your behalf. Make sure to always stay informed of the distracted driving laws in your state and understand the legal consequences that could come with breaking them. Doing so will allow you to remain safe while on the road and maintain your legal rights if something goes wrong.

Were you injured in a car accident or as a pedestrian due to another person driving while distracted? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury consultation. We can meet with you over the phone, via computer, or in-person at our Indianapolis personal injury law office. Our car accident injury attorneys represent clients throughout the state, as well as Indiana residents injured in other states and even residents of other states who are injured in Indiana.

Understanding Onset of Injuries After a Car Accident

Posted on June 6, 2022 by admin

Even as low as 5 or 10 miles per hour, vehicles are essentially multi-ton missiles on the road. So, when drivers are involved in a collision, the event is usually traumatic. The force produced by a car wreck can cause a wide range of injuries to both passengers and drivers, especially soft tissue injuries, back injuries, neck injuries, and concussions; injuries that are not always present right away. It does not take a big collision for a person to be injured in even a “minor” automobile collision because the force of the collision between the two vehicles involved in the collision flows through your flesh and body.

A common phenomenon surrounding car accidents is known as an onset of injury, which describes a car accident victim who does not show signs of injury until hours, days, or even weeks following the collision. Such car accident victims often feel concerned that they are no longer eligible to claim payments through an accident claim or lawsuit because their injuries were not apparent at the scene of the accident. But those who are wrongly injured in a car wreck deserve justice no matter how many days later their injuries appear, and the law tends to agree. Moreover, medical doctors agree that a delayed onset of injuries for a person involved in an automobile collision is very common.

Continue reading to learn more about experiencing an onset of injury after a car accident, including what you should do if you were hurt in an auto collision that was not your fault.

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Do Not Mistake a Minor Accident for Minor Injuries

Even a seemingly minor car accident can cause bodily injury that does not appear at or directly after the scene of the collision. And if a minor car accident can pose the risk of late-appearing bodily harm, you can safely presume that a more serious auto accident can lead to an onset of injuries as well. An auto accident victim might feel fine, even unharmed, after the event, especially with their adrenaline pumping, but then days, weeks or even months later, begin experiencing signs and symptoms of serious injury. The most common types of late-appearing car accident injuries include neck injuries, back injuries, soft tissue injuries, whiplash, and concussions.

Because onset of injury is a real possibility among car accident victims, it is crucial to monitor your daily health following the wreck and to seek medical attention at the first sign of any evolving injuries. Such records will protect your rights to claiming payments through an accident claim or lawsuit, down the line, especially when the defendant’s insurance adjuster starts arguing you were not injured.

What To Do After a Car Accident

After being involved in a car accident that was not your fault, it is important to protect yourself by filing a police report at the scene and receiving medical attention from responding EMT’s. Also at the scene, gather as much video and photo evidence of the surroundings, including car damages, street signs, traffic signs, skid marks, intersections, any visible injuries on you, and more. You should also try to gather contact information from any witnesses. All of this evidence can help support your rights to being compensated.

After you leave the scene of the accident, it is critical to see a doctor right away. If you do not want to go to the emergency room, make a doctor’s appointment for the next day or as soon as possible. It is important to see a doctor after a car accident whether you feel injured or not. Not only will a doctor be able to check you out and give you instructions on how to self-monitor for later-appearing car accident injuries, and these medical records will help support your case as well.

During this process, it is vital that you do not speak with any insurance adjusters or representatives. Instead, work fast to hire a personal injury law firm in Indiana that specializes in car accident injury claims. They have the knowledge and resources to represent your case and obtain the maximum settlement or verdict you deserve. Just be sure to choose the best car accident attorneys in Indianapolis!

Insurance companies for defendants have attorneys and insurance adjusters working on the case for the defendant from the moment the at-fault driver informs them of the automobile collision. You should have immediate attorney representation as well to make sure you get treated fairly and so the other side does not entice you to doing things that will only help their side.

Are you looking for a qualified and experienced civil litigation law firm that can meet these expectations and more? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned car accident lawyer in Indianapolis. We represent clients throughout the state of Indiana and Indiana residents injured in other states.

Filing an Auto Accident Injury Lawsuit

Posted on June 4, 2014 by admin

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Car accidents are serious. Vehicles weight more than four times the weight of the average person. The size and weight of a vehicle, combined with high speeds, can be a recipe for serious injury. Car collisions can result in a wide spectrum of injury; from minor orthopedic injuries, to head trauma, and even death. Fortunately, if a person is seriously injured in a motor vehicle accident, they have the legal right to pursue remuneration from the negligent party that caused the accident or injury.

Pursuing compensation for damages incurred following a serious injury can help a person or family pay for medical bills, hospital expenses, lost wages, time off work, prolonged rehabilitation, and much more. In order to be successful at obtaining full and fair compensation for your injuries, it is critical to follow a series of steps that give you the resources you need to file a lawsuit. Continue reading to learn the proper instructions for filing an auto accident lawsuit in Indiana.

Motor Vehicle Accident Injury Claims

As the injured victim, or family of the victim, you have legal obligations to fulfill in order to win compensation for pain, suffering, and exemplary damages following a serious car accident or wrongful death. One of the first and most important obligation is to stop and remain at the scene of the accident, even if the accident was not your fault. This is important even if you believe you are not injured. Motor vehicle accidents can sometimes result in injuries that are not noticed or evident right away.

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Once an accident occurs, if you are able to move attempt to leave the vehicle and find safe ground away from moving traffic. If you are unable to move or get out of your vehicle, wait for emergency services to arrive and assist you. If you are in a populated area, you will most likely not have to call for medical and law enforcement services. In most cases, the surrounding community will witness the accident and call ahead of you to report it. So if you cannot move or reach your phone to call for help, you can most likely rest assure that medical teams are on their way. Otherwise, if you are stuck in your vehicle after an accident, make the call yourself and request medical assistance. This leads into the next two obligations you have as a motor vehicle accident victim wishing to pursue a lawsuit.

As you remain at the scene of the crime, it is crucial to allow emergency services to give assistance and clear you for good health. If you are experiencing pain or injury, immediately notify the emergency medical team so they can assist you and put it in their report. On the topic of reports, it is equally important to file a police report at the scene of the crime as well. Law enforcement will write an official report detailing the terms of the accident and the damages sustained. The medical report, medical services, and police report are all critical evidence to use in court or negotiations to win your auto accident compensation claim.

The last obligation is not “legally mandatory” but can significantly help win your case. This obligation is to never admit any bit of fault at the scene of the accident. Never even say words like “might have” or “maybe” because they can quickly be used against you in trial. Also, be sure to hire a reputable personal injury attorney to properly and effectively represent you in your lawsuit. Without the services of a licensed accident lawyer, there is very little chance of winning your claim. Accident attorneys are highly trained and well-versed in negotiations and injury cases. They are capable of organizing an effective and solid case against the negligent party in an auto accident lawsuit.

Auto Accident Injury Attorneys in Indianapolis

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for details about filing an auto accident injury lawsuit in Indianapolis, Indiana. Attorney Daniel Craven, Keith Blazek, and Ralph Hoover are highly proficient in accident law and can obtain the full and fair compensation you rightfully deserve following a motor vehicle accident injury. We offer free initial consultations to assess you case and we never collect attorney fees unless we prevail for you! Call us today at 317-881-2700 and schedule your free initial consultation to discuss your motor vehicle accident
lawsuit with a licensed Indianapolis
accident attorney.