How to File a Personal Injury Claim for an Injured Minor in Indiana

Posted on March 12, 2025 by admin

When a child is injured due to someone else’s negligence, it can be one of the most challenging experiences for a parent or guardian to endure. Beyond the emotional toll, there are medical expenses, rehabilitation costs, and concerns about the long-term impact on your child’s well-being. Understanding how to file a personal injury claim for a minor in Indiana can help ensure that your child receives the compensation they deserve to cover these challenges.

This guide will walk you through Indiana’s laws on juvenile injury claims, step-by-step instructions on filing a claim, and potential challenges you may face. Armed with this knowledge, you’ll be better equipped to protect your child’s future.

Call 317-881-2700 to Learn More About Child Injury Claims in Indianapolis Indiana

Understanding Indiana’s Laws on Minor Injury Claims

When a child under 18 is injured in Indiana, special legal rules apply to ensure their rights are protected. Minors cannot legally file a personal injury claim on their own because they lack legal standing. Instead, a parent or legal guardian must file on their behalf.

Here are some of the key legal concepts you need to know when pursuing a child injury claim in Indiana:

Attractive Nuisance Laws

Indiana follows the “attractive nuisance doctrine,” which holds property owners accountable if their property has hazards (like an unfenced pool or abandoned machinery) that may attract children who cannot understand the risk. Proving negligence under this law could significantly impact your child injury claim.

Negligent Supervision

If your child’s injury resulted from someone else’s lack of supervision (e.g., a caretaker failing to protect your child from harm), you may be able to pursue legal action for negligent supervision.

Personal Injury Damages for Minors

When filing an injury claim for a minor, you can seek compensation for:

Medical Expenses: Current and future medical bills.
Pain and Suffering: Compensation for your child’s physical and emotional distress.
Loss of Future Income: If the injury impacts your child’s future earning ability.
Permanent Disability or Scarring: Damages for long-term physical impairment or scars.

Step-by-Step Guide to Filing a Claim

Navigating the process of filing a juvenile injury claim can be overwhelming but breaking it down into steps makes it more manageable. Here’s a quick guide to show you how it might look:

1. Seek Medical Attention First – The first priority after an injury is ensuring that your child receives immediate medical treatment. A detailed medical record will serve as evidence of the injury’s severity and link it to the accident.

2. Document the Incident – Thorough documentation is critical. Take photos and video of the scene where the injury occurred, the hazard responsible, and your child’s injuries. Collect names and contact information of any witnesses.

3. Establish Negligence – To succeed in a personal injury claim, your attorney must demonstrate that the responsible party was negligent. This typically involves proving:

A duty of care was owed to your child.
The party breached that duty of care.
The breach caused the injury.
The injury resulted in damages (e.g., medical expenses, pain, and suffering).

4. Calculate Personal Injury Damages – Work with a legal expert to assess the full scope of losses—monetary and non-monetary—caused by the injury.

5. File the Claim Through the Court – File the juvenile injury claim on behalf of your minor. Be sure to include all necessary documentation, including medical records, photographic evidence, and proof of negligence.

6. Settle or Go to Trial – Insurance companies may offer a settlement but it will be a lowball offer. If no fair agreement is reached, you may need to take the case to court with the help of an attorney.

Statute of Limitations and Time Restrictions

Indiana law imposes strict deadlines for filing a personal injury claim for a minor, which is known as the statute of limitations. Typically, you have two years from the date of the injury to file a claim.

However, there’s an exception for minors. The clock may “toll” (pause) until the child reaches the age of 18, giving them (or their guardians) more time to file. That said, certain circumstances—such as claims against government entities—may come with even shorter deadlines. Consulting a legal expert is crucial to avoid missing these time-sensitive windows.

Potential Challenges and How to Overcome Them

Filing a child injury claim can come with its fair share of hurdles. Being aware of these challenges can help you prepare:

Proving Liability

The other party (or their insurance company) may argue that they were not responsible for the injury. Strong evidence, witness statements, and legal support are vital in building a compelling case.

Valuing Non-Economic Damages

Calculating intangible damages like pain and suffering for a child is complex. Collaborate with experts who understand how to place appropriate monetary value on these intangible yet significant losses.

Insurance Company Pushback

Insurance companies will try to minimize the payout, claiming the injury is less severe than documented. A skilled personal injury attorney can negotiate with insurers on your behalf and ensure that your claim is not undervalued.

The Role of a Personal Injury Attorney

Navigating the complexities of Indiana personal injury law can be intimidating, especially when your child’s well-being is at stake. This is where a personal injury attorney comes in.

A qualified legal expert can:

Evaluate the merits of your case and advise if you have a strong claim.
Handle negotiations with insurance companies to secure a fair settlement.
Collect evidence, work with expert witnesses, and establish negligence.
Represent your child’s best interests in court, if needed.

Additionally, hiring an attorney allows you to focus on caring for your child while your attorney handles the legal burdens.

In Summary

No parent wants to think about their child being hurt, but when injuries do happen, taking the right steps is essential to securing their future. Filing a personal injury claim not only ensures compensation for current expenses but also provides for your child’s long-term care and recovery.

Navigating the complexities of juvenile injury claims should not be something you manage alone. Consulting with a knowledgeable attorney who specializes in personal injury law will make all the difference. If your child has been injured and you want to learn more about your options, don’t hesitate—reach out for a free consultation today.

You deserve financial justice for your injured child, and with our help, you can get it. Contact the law office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case assessment with an esteemed child injury lawyer in Indianapolis, Indiana. Our team has collected millions of dollars in settlements and jury verdicts for our clients over the last 30 years, so we know how to obtain the maximum award for your claim. We represent victims all throughout the state and Indiana residents injured in other states.

Obtaining Full and Fair Justice for Your Injured Child in Indiana

Posted on October 22, 2024 by admin

When our children get hurt, it’s more than just a physical injury—it’s an emotional upheaval for the entire family. The pain, confusion, and worry parents feel is significant, especially when your child’s injury is due to someone else’s negligence. For parents in Indiana, seeking justice for an injured child can be daunting. This blog post will guide you through understanding the legal process, steps to take after an injury, and how to seek a settlement that supports your child’s future.

Call 317-881-2700 to Speak With an Experienced Child Injury Attorney in Indianapolis Indiana

The Legal Landscape for Parents of Injured Children in Indiana

The legal landscape surrounding personal injury claims can be complex, especially when it involves minors. In Indiana, personal injury law is designed to offer relief to victims who have suffered harm due to another’s negligence. This holds true for children as well. When a child is injured, the statute of limitations— or time frame within which you can file a claim—becomes critical. Typically, personal injury claims should be filed within two years of the injury date. However, for minors, the clock may not start ticking until the child turns 18, offering some leeway for parents in seeking justice. It is always best however to file within two years of the date of injury.

Understanding these nuances ensures that the rights of your child are protected. Being informed about the specifics of Indiana law helps parents know when and how to act, ensuring that their claims are not dismissed by missing deadlines. The legal system recognizes the unique vulnerabilities of children, and the laws are structured to provide them with an opportunity for redress, even if it takes years to initiate legal action.

Steps to Take After Your Child is Injured

The immediate aftermath of your child’s injury is critical, both for their health and for the potential legal proceedings. First and foremost, seek appropriate medical care to ensure your child’s injuries are properly documented and treated. This step not only safeguards your child’s health but also establishes a vital medical record that can substantiate your child’s claim.

In addition to medical care, gathering evidence is paramount. Document the accident scene, collect witness statements, and preserve any physical evidence that could support your claim. Photos, videos, and written accounts of the incident can serve as vital pieces of evidence later on. Additionally, note any changes in your child’s behavior or lifestyle post-injury as these can highlight the injury’s impact on their life.

These actions create a solid foundation for any future legal proceedings. The more comprehensive your documentation, the stronger the case will be. It’s essential to act swiftly and methodically, as capturing details soon after the incident can significantly bolster the claim. In essence, you want to obtain and keep all evidence that you would want to look at and review if you were on the jury, if possible.

The Role of an Indianapolis Personal Injury Attorney

Navigating the legal complexities of a child injury case in Indiana necessitates expert guidance. An Indianapolis personal injury attorney plays a pivotal role in advocating for your child’s rights and ensuring you receive the settlement your child deserves. Their expertise in legal procedures, negotiation tactics, and case law is invaluable.

Choosing the right child injury attorney means finding someone with a proven track record in handling child injury settlements. Look for attorneys who not only understand personal injury law but also have specific experience with cases involving minors. They should be able to demonstrate past successes, such as favorable settlements or verdicts, in similar cases.

A skilled child injury lawyer will guide you through each step, from filing claims to negotiating settlements. They will help you understand the intricacies of the legal process and work tirelessly to protect your child’s interests. With the right legal representation, you can focus on your child’s recovery while your attorney handles the legal battle.

Documenting Your Child’s Case

Documenting a strong case is crucial in securing a favorable settlement for your child. Several factors contribute to the strength of your claim, including the clarity of evidence, the credibility of witnesses, and the extent of your child’s injuries. Your personal injury attorney will help you gather and organize this information to present a compelling case.

Negotiating a settlement requires a strategic approach. It involves presenting the evidence and demonstrating the impact of the injury on your child’s life. During negotiations, insurance companies or opposing legal teams may try to downplay the severity of the injury or the liability of their client. Having a robust case helps counter these tactics.

Your lawyer will strive to ensure that any settlement considers future implications, if any, such as ongoing medical treatments, therapy, and potential loss of income. A well-prepared case not only emphasizes the immediate effects of the injury but also anticipates future needs, thereby ensuring full and comprehensive compensation.

The Personal Injury Settlement Process

Understanding the settlement process is key to managing expectations and achieving a satisfactory outcome. A settlement encompasses several components, including medical expenses, pain and suffering, and any future care your child might require. The process typically begins with a demand letter, which outlines the details of the claim and the compensation sought.

Negotiations can be lengthy and may involve a few rounds of offers and counteroffers. It’s important to remain patient and trust in your attorney’s expertise. Remember, settling a child injury claim involves more than just receiving compensation; it’s about securing your child’s future and addressing the full spectrum of their needs.

Once a settlement is reached, it must be approved by the court in most circumstances, ensuring that it serves the best interests of the child. The settlement process, though complex, aims to provide your child with relief and support during challenging times.

Conclusion

Pursuing a settlement for your wrongly injured child is not just about financial compensation; it’s about justice, accountability, and ensuring your child’s well-being. By understanding the legal processes, taking prompt action after an injury, and working with an experienced Indiana personal injury lawyer, you can protect your child’s future.

If your child has been injured and you’re considering legal action, seek professional advice. A qualified attorney can provide the guidance and support you need to make informed decisions. Don’t hesitate to contact a personal injury attorney for a free consultation and take the first step toward securing the justice your child deserves.

Are you interested in learning more about the strength of your child’s injury case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced child injury attorney in Indianapolis who can give you competent advice for your legal matters. We represent parents and legal guardians all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

Filing a Personal Injury Claim for Your Child: A Guide for Indiana Parents and Guardians

Posted on July 9, 2024 by admin

When a child suffers an injury, it can be a heart-wrenching experience for any parent or guardian. Besides the immediate concern for your child’s well-being, there are often significant medical expenses and long-term implications to consider. This is where filing a personal injury claim becomes crucial.

Understanding how to file a claim can help ensure that your child receives the necessary care and compensation for their injuries. In this guide, we’ll walk you through the entire process, from identifying common injuries to consulting with a personal injury attorney.

Call 317-881-2700 to Get in Touch With Our Skilled Child Injury Lawyers Near Indianapolis

Types of Personal Injuries Common in Children

Children are naturally curious and energetic, which sometimes leads to accidents and injuries if there is not proper supervision. Knowing the types of personal injuries that are common among children can better prepare you for potential situations.

Playground Injuries

Playgrounds are a common spot for children to get injured. Falls from playground equipment can result in broken bones or concussions. It’s essential to keep an eye on the child and ensure they are playing in a safe environment.

Car Accidents

Children are often passengers in vehicles, making them vulnerable in car accidents. Injuries can range from minor cuts and bruises to severe spinal injuries. Always make sure your child is securely fastened in a car seat or seatbelt appropriate for their age and size.

Sports-Related Injuries

Participating in sports is great for a child’s development but can also lead to injuries like sprains, fractures, and concussions. Proper training, equipment, and supervision can help minimize these risks.

Pedestrian Accidents

Children are more likely to be involved in pedestrian accidents, whether due to their small size, lack of proper driving by the at-fault party, etc… Whether on bike or foot, these high-impact accidents can result in severe injuries such as broken bones, head trauma, or even death.

Defective Products

Children’s toys, equipment, and other products may sometimes have defects that can cause injuries. It’s crucial to carefully inspect these items and follow age recommendations before letting any child use them.

Steps to Take After Your Child’s Injury

If your child has suffered an injury due to someone else’s negligence, here are the steps you should take:

Seek Medical Attention: The first step after any injury is to seek medical attention immediately. Even if the injury seems minor, it’s essential to get a professional assessment to ensure there are no underlying issues.
Document Everything: Keep a record of all medical bills, doctor’s notes, and any other relevant documents related to your child’s injury. This information will be crucial when filing a personal injury claim.
Consult with an Attorney: It’s always best to consult with a child injury attorney before proceeding with a claim. They can guide you through the process and ensure that your child receives fair compensation for his or her injuries.
File a Claim: With the help of your attorney, file a claim against the responsible party or their insurance company. This will involve providing evidence and negotiating for a settlement.
Consider Settlement Offers Carefully: If the responsible party or their insurance company offers a settlement, make sure to carefully consider it with your child injury lawyer. It’s important to ensure that the settlement covers all current and future medical expenses related to your child’s injuries.

Child Injury Claim Filing Process

Filing a personal injury claim for a child involves several legal steps. Understanding this process can make it less daunting.

Gathering Evidence and Documentation

The first step in filing a claim is gathering all necessary evidence and documentation. This can include medical records, witness statements, contact data for involved parties and photographs of the injury and accident scene. Proper documentation strengthens your case and increases the chances of a favorable outcome.

Statute of Limitations for Child Injury Claims in Indiana

In Indiana, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, for injuries involving minors, the statute can potentially extend until the child turns 20. Knowing this timeline is crucial for ensuring that your claim is filed on time.

The Role of the Parent or Legal Guardian

As a parent or legal guardian, you play a pivotal role in the process. You’ll need to act on behalf of your child, gather evidence, and consult with legal professionals to ensure your child’s rights are protected.

Determining Liability in a Child’s Injury Case

Determining who is at fault is a key aspect of any personal injury claim. Understanding liability can help you document a stronger case.

Comparative Negligence in Child Cases

Indiana follows a comparative negligence system, meaning that fault can be shared among multiple parties. If your child is found to be partially at fault, it could reduce the compensation you receive. However, due to their age, children are often seen as less responsible for their actions so whether or not they can be partially at fault depends on the age of the child.

Potential Defendants in Child Injury Claims

Potential defendants in a child injury claim can vary. They might include negligent drivers, property owners, daycare operators or even manufacturers of faulty products. Identifying the right defendant is crucial for a successful claim.

Compensation in Child Injury Cases

Understanding the types of compensation available can help you seek the full amount your child deserves.

Medical Expenses and Future Care

Medical expenses form a portion of compensation in personal injury claims. This includes immediate treatment costs and future care needs, especially if the injury has long-term implications.

Pain and Suffering

Compensation for pain and suffering is intended to cover the emotional and physical distress caused by the injury. This is often a significant part of the claim, as it accounts for the impact on your child’s quality of life, both past and future.

Special Considerations for Minors

When dealing with minors, courts often take special considerations into account. This includes opening an estate to hold the compensation until the child reaches adulthood, ensuring the money is used for their benefit.

The Importance of Consulting with a Personal Injury Attorney

Navigating the complexities of a personal injury claim can be overwhelming. Consulting with a personal injury attorney can provide valuable guidance.

Finding the Right Lawyer for Your Child’s Case

Choosing the right lawyer is crucial. Look for someone with experience in handling child injury cases and a proven track record. A good attorney will guide you through each step, ensuring you understand the legalities involved.

Common Mistakes to Avoid in Child Injury Claims

Avoiding common mistakes can increase the chances of a successful claim. These include failing to gather sufficient evidence, missing the statute of limitations, and not consulting with a legal professional. Being aware of these pitfalls can help you navigate the process more effectively.

KEY TAKEAWAYS

Understanding how to file a personal injury claim for your child empowers you to protect their rights and ensure they receive the compensation they deserve. By knowing the types of common injuries, understanding the legal process, and consulting with a personal injury attorney, you can make informed decisions to support your child’s recovery and future well-being.

Consulting with a personal injury attorney who concentrates on child injury cases is paramount. Their expertise can provide the support you need to successfully navigate this challenging process.

Was your child seriously injured in an accident that was at the fault of another person or place? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-fee consultation with a seasoned child injury 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.

Christmas Toy Safety Alert: Expert Tips to Prevent Child Injuries

Posted on December 26, 2023 by admin

As the festive cheer of Christmas continues to fill the air, and excitement over the gifting of new toys bubbles among children, it’s crucial to remember the importance of toy safety. Allowing the right toys is not just about what’s trending or popular; it’s about ensuring our children’s safety while they indulge in their playful fantasies. Every year, numerous child injuries are reported due to hazardous toys, turning a season of joy into a time of worry for many parents.

This blog post will help shed light on Christmas toy safety, providing expert tips to avoid child injuries and ensure your little ones enjoy their new playthings without any unwanted incidents. Let’s make this festive season not just joyous, but safe as well.

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The Risk of Child Injuries and Hazardous Toys

According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 209,500 toy-related injuries were reported in emergency departments across the country in 2022 alone. This alarming number highlights the risk that children face when playing with toys, especially during the holiday season when they are exposed to a higher volume of new toys. The CPSC also reported that more than 76% of these injuries were sustained by children under the age of 14, 69% were sustained by children under the age of 12 years, and 38% were sustained by children under 4 years old. These statistics show how crucial it is to take extra precautions and ensure Christmas toy safety for our little ones.

Tips to Ensure Christmas Toy Safety

Always check for age-appropriate toys. The recommended age range is not just a suggestion, but it’s crucial to consider when purchasing toys. Toys designed for older children may have small parts that can be a choking hazard for younger ones.

Take note of warning labels. All toys should come with clear and visible warning labels about potential hazards or age restrictions. Make sure to read these warnings and follow them accordingly.

Avoid toys with sharp edges or points. These can cause cuts and puncture wounds, especially for younger children who may not have the motor skills to handle them safely.

Inspect toys for small parts. Small parts, such as button batteries or magnets, can be extremely dangerous if swallowed by a child. Make sure to check for any loose or easily detachable parts on toys and remove them if necessary.

Choose well-made, sturdy toys. Poorly made toys with loose or weak parts can break easily and pose a risk of injury to children. Opt for well-made, durable toys that can withstand rough play.

Stay away from toxic materials. Make sure to check the materials used in making the toy and avoid any that contain toxic substances such as lead or phthalates, which can be harmful if ingested.

Supervise playtime for younger kids. While we may not always be able to keep an eye on our children every minute, it’s essential to supervise their playtime and make sure they are using their toys safely. This also includes ensuring younger siblings do not have access to smaller toys that can be choking hazards.

Stay up-to-date on toy recalls. Keep track of any toy recalls, and make sure to remove the recalled toys from your home immediately. You can sign up for email alerts from the CPSC to stay informed about any potential hazards.

Spread the Word about Christmas Toy Safety

Ensuring Christmas toy safety is not just a responsibility for parents but for the community as a whole and most definitely the toy manufacturers and distributors. We can all play a part in spreading awareness and promoting safe play during the holiday season. Share these tips with your friends and family, and make sure to check in with them about their toy choices for their children. Together, we can make this Christmas not just merry but also less dangerous for our little ones.

What to Do if a Defective Toy Injured Your Child

In the unfortunate event that a defective toy has caused an injury to your child, it’s crucial to seek help from a child injury lawyer. These attorneys have experience handling cases related to hazardous toys and can guide you through the legal process of seeking compensation for any damages or injuries sustained. They can also hold manufacturers, distributors and/or retailers accountable for producing unsafe toys and prevent similar incidents from happening in the future.

Bottom Line

As we conclude celebrating the season of giving and joy, let’s not forget about Christmas and Hanukkah toy safety. By following these tips and staying informed about potential hazards, we can ensure our children have a happy and safe holiday season. Spread the word and make this a community effort to protect our little ones from unnecessary injuries. After all, there is nothing more precious than their well-being.

Has a defective product or children’s toy caused your child serious injuries and losses? You need an aggressive civil litigation team that fights for kids’ rights. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert legal representation for child injury and defective product claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation. We represent injured victims throughout Indiana, including Indiana residents injured in other states.

How to Prove Negligence in a Child Injury Case

Posted on April 11, 2023 by admin

No parent wants to think that their child has been injured due to someone else’s negligence. Unfortunately, it happens all too often, and when it does, parents may be able to seek justice by filing a lawsuit against the responsible parties and collecting the judgment from the defendant’s insurance company. But before any legal action can take place, it must first be determined whether or not negligence is present in your case.

In this blog post, we will discuss how you can prove negligence in a child injury case so you can get the compensation your child deserves.

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3 Important Elements of Proving Negligence in a Child Injury Lawsuit

>Duty of Care

When it comes to child injury lawsuits, the most common form of negligence is a failure to exercise reasonable care. This means that the defendant had an obligation to provide a safe environment for children and failed to do so. To prove negligence in this kind of case, you will need to show that the defendant had a duty of care and breached that duty by either not providing adequate safety measures or by acting in some way that caused your child’s injury.

>Damages

In addition, you must also be able to demonstrate the extent of your child’s injuries as well as any damages incurred due to those injuries. You should have medical records detailing your child’s diagnosis and treatment plan, as well as any medical bills related to their medical expenses. You will also need to provide evidence of any lost wages or other financial losses that resulted from the injury.

>Causation

Finally, you must be able to show that the negligence of the defendant was a responsible cause of your child’s harm. This can be done by showing a “causal link” between the breach in duty and your child’s injuries, which is often supported by expert testimony from doctors and other professionals familiar with your case.

Defining Negligent Supervision

Was your child injured because someone else was not providing proper supervision over them? Negligent Supervision torts involve lawsuits that occur when a child is injured due to someone else’s negligent behavior. This type of tort lawsuit states that the person accused of negligence is responsible for not properly supervising or controlling whatever situation caused the injury to the child. This could be a friend’s parent, babysitter, daycare employee, school staff member, and even a family member.

If a court finds the accused party negligent in providing supervision, then they are legally required to pay damages for any pain, suffering or medical expenses incurred from the child’s injury. These kinds of actions have become more widely accepted as society evolves. The understanding around the responsibility for providing necessary safety nets for children grows even wider with each child injury case.

Common Damages Awarded in Child Injury Cases

Child injury cases are often complex, but they almost always involve the award of some form of compensation in a successful settlement. While the type and extent of damages vary widely from case to case, there are some common types of awards seen in such scenarios. These typically include both economic compensation for hospital bills, medical expenses, and other financial losses related to the child’s injuries, as well as non-economic damages for pain, suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, disability, and more. In addition to such compensatory damages, parents might also seek out punitive damages, which are intended to punish those responsible for their child’s accident and deter similar future behavior.

Hire a Child Injury Attorney to Protect Your Rights

When filing a child injury lawsuit, it is essential to have an experienced personal injury lawyer on your side who understands how to prove negligence in a child injury case. With the help of an experienced child injury attorney working on your side, you have a better chance at making sure those responsible are held accountable and that your child receives proper compensation for your child’s injuries and losses.

Are you the parent or guardian of a child who has been seriously injured because of another’s negligence? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned child injury lawyer in Indianapolis, Indiana. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana. Request to have your meeting over the phone, via online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

Are We Entitled to a Settlement if Our Child Was Wrongfully Injured?

Posted on November 16, 2021 by admin

What could be more valuable and important than our kids? For parents like you, they are the absolute most important aspect of your lives. So, when your child is injured due to another’s negligence, it is no surprise that you struggle with emotional anguish and stress from knowing your little one is suffering. As parents, we all want to trust that the people they leave in charge of their children are taking good care of them, and the products or toys their children use will not cause them harm; but sometimes accidents happen, and unfortunately, some of those accidents are caused by an adult’s negligence.

So, how are children and adolescents protected by law against those who may cause them serious harm and subsequent damages? Furthermore, are you entitled to a personal injury settlement for your family’s economic and non-economic losses following your child’s wrongful accident?

Continue reading to learn more about child injury claims and settlements, including who to trust for seasoned personal injury advice and representation in Indianapolis.

Child Injury Claim Lawyer Indiana 317-881-2700

Most Common Types of Serious Injuries to Kids and Teens

Kids are hurt every single day; it is a part of growing up and learning; learning to not touch a hot iron because it will burn or learning to wear their knee pads when rollerblading to avoid skinned or scabbed knees. However, when kids are injured because of another person or entity’s carelessness, it is an entirely different scenario.

Dog bites, car accidents, pedestrian accidents, prescription drug errors, medical misdiagnoses, swimming pool accidents, defective toys or products, and negligent supervision are some of the more common types of wrongful accidents in which children are negligently hurt or worse, killed. When an accident occurs due to negligence causes harm or death to a child, parents need to know their legal options and rights.

How to Pursue Legal Action on Behalf of Your Child’s Accident and Injuries

In every situation that a child is injured negligently, there must be proof that someone or something failed to act like a careful person would have, causing the accident and subsequent injury. If a legal representative, or personal injury lawyer, can establish this evidence or proof, the family of the minor is legally entitled to compensation for their child’s injuries and damages.

Compensation is meant to cover past, present, and future medical expenses, hospital bills, prolonged rehabilitation, wrongful death, pain, suffering, mental anguish, trauma, and much more. If the minor was old enough to be employed, they are entitled to compensation to cover lost wages from work as well.

If the child is too young to be employed, the parents or guardians are entitled to reimbursement for lost wages after missing time at work, as well as fuel from traveling to and from doctors’ appointments. If the at-fault party acted extraordinarily reckless or with intent, the court or jury may also award punitive da m ages.

Child Wrongful Death Cases

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating lawsuits, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and so much more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Are you ready to get started on your financial recovery after your child’s accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis child injury lawyer. We represent clients throughout the State of Indiana.

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Frequently Asked Questions About Summer Camp Accidents and Liability

Posted on June 24, 2021 by admin

When your child is seriously injured at a summer camp, as the parents, you are left with loads of questions, concerns, and significant medical bills. For this reason, it is natural for you to question which party should be held responsible for your family’s damages and losses incurred as a result of your child’s injuries. By better understanding the laws and regulations surrounding summer campground liability, you can place yourself at an advantage when preparing to meet with a personal injury lawyer to discuss the claim.

In fact, continue reading to review frequently asked questions about summer camp accidents and liability, and learn how to get started with a free case evaluation as soon as tomorrow.

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Summer Camp Accident FAQS

What Happens if My Child is Injured While Overnight Camping or Hiking?

When going on an overnight camping excursion or even a simple hike, you know there are certain risks and liabilities involved in trekking through the wilderness. You generally only anticipate the foreseeable risks, like bug bites, sunburns, dehydration, and poison oak. But there are many other accidents that can happen that you should be aware of. If your child was injured on a similar camp outing, you should speak with an Indiana personal injury lawyer who can identify whether or not the camp had a duty of care, if they breached that duty of care, and if that breach was a responsible cause of your child’s injuries. If you can prove these things, then you can win your case against a negligent summer camp.

Can I Sue a Summer Camp if My Child is Seriously Injured After Slipping and Falling at the Pool?

The same scenario applies to a summer camp slip and fall, poolside injury. In order to win your claim, you would have to prove to the courts that the summer camp/pool had a duty of care, breached that duty, that breach caused your child serious harm, and your family suffered losses as a result of your child’s injuries. This is why you need an experienced Indiana accident attorney to help navigate and win your case.

Can Summer Camp Waivers Be Legally Enforced?

When you enroll your kids into a summer camp, one of the first documents they will have you sign is a waiver. This waiver is an attempt to alleviate as much liability and responsibility for injuries and accidents to children. Sometimes, these waivers are legally enforceable, but they also have their limits depending on the circumstances of your case.

Who is Liable for Children’s Injuries at Summer Camp?

Parents simply want to know who is responsible for their child’s injuries at summer camp. The answer sometimes is not clear and varies from case to case depending on the individual circumstances. However, most often it is the summer camp that ultimately has a duty of care to supervise minors while under their care. This responsibility falls under Premise Liability Law. The law can get complicated and you need a personal injury attorney to assist you in your case.

Is a Summer Camp Required to Disclose Staffs’ Criminal Backgrounds?

Summer camps have a duty to perform background checks on their employees, as well as a duty to disclose any reports or allegations of suspected child misconduct or abuse to parents. This is why extensive research of summer camps is so strongly recommended.

Are you ready to learn about your eligibility for pursing legal action against a negligent Indiana summer camp or counselor? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before the statutes of limitations runs out on your claim or evidence supporting your claim is lost.

You Might Also Read:

How to Make a Personal Injury Claim for Your Child
What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana
Was Your Child Seriously Injured On a Trampoline?

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

Important Info About Daycare Child Injury Lawsuits in Indiana

Posted on November 20, 2020 by admin

In plain language, it is the responsibility of the day care provider to protect children from harm and injury. If a daycare neglects to uphold this duty of care, they can be held liable under law for any resulting damages suffered by a child and their guardians. You want to believe that your child is in good hands when you drop them off at your sitter or daycare of choice. But the unfortunate reality is that daycare accidents are far too frequent here in Indiana, and some even result in lasting injuries, or worse, death.

There is good news, though. Personal injury law firms operate on the sole basis to protect and obtain compensation for victims of such negligence, which means there is legal help out there for families who wish to pursue a daycare accident lawsuit. But before getting started, it is important to understand the facts surrounding childcare injury claims.

Continue reading to learn about how a personal injury attorney can help families whose children have been victims of day care injuries and accidents.

Indiana Child Injury Attorneys 317-881-2700

The Basis of Child Care Injury Lawsuits in Indiana

Sadly, there are several cases of childcare deaths, disabilities, illnesses, and serious injuries due to daycare and babysitter negligence. In many of these cases, it is the fault of the childcare provider, as they have the duty to care for and supervise your child. Negligent supervision, aggression, mental trauma or inappropriateness, and much more are common causes of child injuries at such businesses.

When a child is seriously injured, or even contracts a debilitating illness, at an Indiana day care center, someone should be held accountable. A parent can bring a claim for their child’s damages, including pain, suffering, permanent scarring or disfigurement, prolonged physical therapy, etc… A parent can also bring a claim for hospital bills, medical expenses, and even lost wages from missing work to care for their injured child. If this is your situation, it is time to consult a licensed Indiana child injury lawyer to learn your rights.

Take these steps if your child was involved in an accident at your day care center:

► Seek medical treatment and follow all doctors’ orders.
► Collect all documents and receipts linked to the accident.
► Ask the daycare center to keep all evidence, including video evidence.
► Call a local and trusted personal injury firm.
► Set an appointment with a lawyer.
► Determine if you have a case.
► Ask your lawyer if you need to make a police report.

How to Learn More About Your Daycare Child Injury Case in Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to take the first step toward pursuing legal action against a negligent daycare center in Indianapolis, Indiana. We can get started on your Indiana personal injury claim right away. Highly experienced personal injury attorneys, Daniel Craven, Ralph Hoover and Keith Blazek are ready to recover the full and fair settlement for you and your child’s losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. We represent injured children, adults, and seniors all throughout the State of Indiana. Contact us today to schedule your free case evaluation, today.

Protecting Your Child From Playground Concussions

Posted on August 30, 2016 by admin

Child Injury Attorneys 317-881-2700

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

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

Playground Concussion Accidents

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

Child Injury Attorneys 317-881-2700

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

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

Indianapolis Child Injury Attorneys

Personal Injury Attorneys 317-881-2700

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