A Discussion of Indiana’s Fault System in Personal Injury Cases

Posted on August 20, 2024 by admin

Accidents can happen when we least expect them, turning an ordinary day on its head. For Indiana residents, understanding personal injury law is crucial, especially when such unfortunate events occur. If you’ve been involved in an accident, knowing how personal injury cases are handled in Indiana could make all the difference in your path to justice and full and fair compensation.

Indiana adheres to specific rules and regulations when it comes to personal injury claims. These laws determine how blame is assigned and how damages are awarded in the event of an accident. For residents, this means navigating a legal landscape that might seem complex at first glance. However, understanding the basics of personal injury law can empower you to take the right steps if you find yourself or a loved one in such a situation.

In this blog, we’ll explore the critical aspects of Indiana’s personal injury law. From comprehending whether Indiana is a fault state or not to understanding comparative fault, we will cover all the essentials. Stay with us as we break down the Indiana personal injury legal system into manageable, digestible pieces.

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Fault States vs. No-Fault States

One of the most critical distinctions in personal injury law is the difference between fault states and no-fault states. Understanding this concept is crucial for anyone dealing with a personal injury claim. But what do these terms truly mean?

In a fault state, like Indiana, the person responsible for causing an accident is liable for the damages. This means that you, as the injured party, must prove the other party’s negligence to claim compensation. On the other hand, no-fault states require each individual’s insurance to cover their losses, regardless of who caused the accident. This system aims to reduce lengthy legal battles over liability, allowing claims to be resolved more swiftly.

The primary advantage of Indiana being a fault state is that it allows victims to claim full compensation from the liable party. However, this system can also become complex, as determining fault isn’t always straightforward. Understanding the implications of being in a fault state is essential for navigating personal injury claims successfully.

How Indiana’s Fault System Operates

In Indiana, the fault system plays a pivotal role in personal injury claims. Recognizing how this system operates will help you better understand your rights and potential outcomes if you’re involved in an accident.

You see, Indiana’s fault system means that the person at fault (to blame) for the accident is responsible for paying for any damages. Whether it’s vehicle repairs, medical bills, pain and suffering or lost wages, the at-fault party’s insurance company typically covers these expenses and damages. For victims, this means that demonstrating the other party’s negligence is a crucial step in securing compensation.

In Indiana the injured party files a claim with the at-fault driver’s insurance company since it is their insurance company that will determine if the case settles or not. The claim requires clear evidence of fault, which can often involve police reports, witness statements, and sometimes expert testimonies. The process can be daunting, but understanding these steps can significantly affect your claim’s success.

But, it’s important to note that Indiana follows a modified comparative fault rule. This means that your compensation will be reduced by your percentage of fault, but more on that in the next section. Understanding Indiana’s fault system is key to navigating personal injury claims effectively.

The Role of Comparative Fault

Comparative fault is a legal principle that plays a significant role in personal injury cases in Indiana. This concept can directly impact the amount of compensation a victim receives, so it’s essential to understand how it works.

Under comparative fault, each party’s responsibility for the accident is assessed. In Indiana, if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. This rule ensures that all parties share the financial burden according to their level of responsibility.

Furthermore, Indiana follows the 51% rule, which states that if you are found to be more than 50% at fault, you do not qualify for damages (compensation). This rule incentivizes safe behavior while ensuring that only those primarily responsible bear the brunt of the financial consequences. Again, it is not the party themselves but is almost always their insurance carrier which pays any verdict or settlement.

Understanding comparative fault is crucial for setting realistic expectations in a personal injury case. It’s essential to gather sufficient evidence to understand your fault percentage, if any, and the defendant’s or defendants’ fault percentage. Working with a knowledgeable attorney can help you understand and potentially challenge the fault assessment by the defendant’s insurance company in your case.

What to Do If You’re in an Accident

Being involved in an accident can be overwhelming, but knowing the steps to take immediately afterward can protect your rights and strengthen your personal injury claim.

Ensure everyone’s safety and call for medical help if needed. Your health should always be your priority. Even if injuries seem minor, seeking medical attention promptly can prevent complications and provide documentation for your claim.
Next, gather as much information as possible. This includes taking photos or videos of the accident scene, collecting contact details of witnesses, and obtaining the other party’s insurance information. Documentation is crucial for supporting your claim and proving fault.
Report the accident to the police and your insurance company. A police report serves as an official account of the incident and can be invaluable in proving fault. Informing your insurer promptly is also essential, even if you’re not at fault, as it ensures you comply with policy requirements.
Call Craven, Hoover & Blazek, P.C. at 317-881-2700 as soon as possible so evidence regarding your case can be accumulated and so you can consult with an attorney on your side.

Choosing the Right Personal Injury Attorney

Selecting the right personal injury attorney is a critical decision that can significantly influence the outcome of your case. Here are some tips to guide you in making this choice:

▶ Look for an attorney with experience in handling personal injury cases specific to Indiana. Local expertise ensures they understand state laws and can leverage this knowledge to strengthen your case.

▶ Consider their track record and reputation. An attorney with a history of successful settlements and satisfied clients is likely to provide effective representation.

▶ Schedule an attorney consultation to assess their communication style and approach. A good attorney will listen to your concerns, explain complex legal concepts in understandable terms, and keep you informed throughout the process. This relationship is key to building trust and confidence in your legal representation.

Bringing It All Together

In conclusion, understanding Indiana’s personal injury law is crucial for residents and victims of accidents. From recognizing the state’s fault-based system to comprehending the impact of comparative fault, these insights are invaluable. Remember, taking the right steps after an accident and choosing the right attorney can significantly influence the outcome of your claim.

For those navigating the aftermath of a personal injury accident, seeking professional legal advice is a wise step. Complexities in the law and insurance processes can be daunting, but with the right guidance, you can secure the compensation you deserve. Don’t hesitate to reach out to a qualified attorney to explore your options and protect your rights.

Are you ready to pursue the personal injury settlement you and your loved ones deserve? Contact the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 today. Our Indianapolis civil litigators provide free initial consultations and never collect lawyer fees unless we recover a settlement or verdict for you. We represent victims all throughout the state, plus Indiana residents injured in other states.

Seeking Justice: Suing for Damages After an Indiana Motor Vehicle Accident

Posted on May 31, 2024 by admin

Auto accidents are an unfortunate reality on roads everywhere, including Indiana. Every year, thousands of Hoosiers find themselves grappling with the aftermath of motor vehicle collisions. Amidst the emotional and physical turmoil, victims must navigate the complex landscape of personal injury claims to seek justice and compensation for their losses. This blog post aims to shed light on the process of suing for damages after a motor vehicle accident in Indiana, offering valuable insights and practical advice for those wrongly injured.

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The Role of Comparative Fault in Indiana Motor Vehicle Accident Claims

Indiana operates under a comparative fault system, interchangeably known as contributory fault, which can significantly impact the outcome of personal injury claims. Under this rule, each party involved in an accident is assigned a percentage of fault, which influences the amount of compensation they can receive.

How It Works:

Shared Responsibility – If multiple parties are responsible for an accident, each party’s level of fault is determined. For example, if you are deemed 20% at fault for an accident, your compensation will be reduced by 20%.

Threshold for Recovery – In Indiana, you can only recover damages if you are less than 51% at fault. If your fault exceeds this threshold, you may be barred from receiving any compensation.

Understanding how comparative fault analysis works is crucial, as it influences both settlement negotiations and courtroom verdicts. Legal representation becomes even more essential to navigate these waters effectively.

Steps to Take After an Auto Accident:

Ensure Safety – Check for injuries and move to a safe location if possible. Call 911 to report the accident and seek medical attention.
Document the Scene – Use your phone to take photos or video of the accident scene, vehicle damages, and any visible injuries. Collect contact information from witnesses.
Exchange Information – Exchange insurance and contact details with the other driver(s) involved.
File a Police Report – A police report serves as an official record of the accident and can be critical evidence in your claim.
Seek Medical Attention – Even if injuries seem minor, get a medical evaluation. Some injuries may not manifest immediately.
Notify Your Insurance Company – Report the accident to your insurer but avoid giving detailed statements until you consult with an attorney.

Taking the right steps immediately following an accident can make a significant difference in the outcome of your personal injury claim. Benefits include helping preserve evidence, establishing a clear record of events, and protecting your rights.

The Importance of Seeking Legal Counsel

Navigating a motor vehicle injury claim without legal guidance can be overwhelming. Consulting with an experienced car accident injury attorney can significantly increase the likelihood of a successful claim. They can provide invaluable assistance in such ways as:

Understanding Legal Rights: An auto accident lawyer will explain your rights and options, ensuring you are fully informed throughout the process.
Gathering Evidence: Legal counsel can help gather and preserve crucial evidence, such as witness statements, medical records, and expert testimony.
Negotiating with Insurers: Car accident lawyers are skilled negotiators who can handle discussions with insurance companies to seek fair settlements.
Representation in Court: If a fair settlement cannot be reached, an attorney will represent you in court to pursue the compensation you deserve.

The Process of Suing for Damages in Indiana

Types of Damages

When it comes to suing for damages after a car accident in Indiana, understanding the legal process is essential. Victims of car accidents can seek various types of damages, including:

Economic Damages: These cover quantifiable financial losses such as medical expenses, lost wages, and property damage.
Non-Economic Damages: These include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

Statute of Limitations

In Indiana, the statute of limitations for filing a personal injury lawsuit after a motor vehicle accident is typically two years from the date of the accident, excluding some governmental defendants which require a tort claims notice to be mailed and can have a time limitation of as little as 6 months. Failing to file within this time frame can result in losing your right to seek compensation.

Lawsuit Filing Process

Consult with an Auto Accident Injury Attorney: Discuss your case with a qualified car accident lawyer to evaluate your claim and determine the best course of action.
Commence an Investigation: Your personal injury lawyer will conduct a thorough investigation, gathering evidence to document a strong case.
Filing the Complaint: Your personal injury lawyer will file a formal complaint with the court, presenting the details of your claim and the damages sought.
Discovery Process: Both parties exchange information and evidence through depositions, interrogatories, and document requests.
Negotiation/Settlement: Most cases are resolved through negotiated settlements before reaching trial.
Trial: If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine the outcome.

Final Thoughts

Motor vehicle accidents can lead to devastating consequences, but understanding your rights and the legal process can empower you to seek justice and compensation. By taking the appropriate steps after an accident, seeking legal counsel, and comprehending the intricacies of suing for damages in Indiana, you can navigate this challenging journey with confidence.

If you or a loved one has been injured in a car accident, don’t hesitate to seek legal advice. Consult with an experienced car accident attorney to explore your options and secure the compensation you deserve. Remember, taking timely action is crucial to protecting your rights and achieving a favorable outcome.

Are you a motor vehicle accident victim or claimant? Take the first step towards justice and recovery, today. Contact The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, no-obligation consultation. During this meeting, our experienced Indianapolis car accident attorneys will discuss the specifics of your auto accident case, answer your questions, and outline the best course of action for your claim.

Navigating the Comparative Fault Rule in Indiana: A Guide for Injured Claimants

Posted on May 21, 2024 by admin

When you’re involved in an accident in Indiana, understanding the nuances of local laws can significantly impact the outcome of your personal injury claim. One legal concept that is particularly crucial for accident victims in Indiana to comprehend is the Comparative Fault Rule. This rule can influence the compensation you may be eligible to receive and shape the approach to your injury case.

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A Brief Overview of Comparative Fault in Indiana

At its core, the Comparative Fault Rule is designed to allocate responsibility among parties involved in an accident. Unlike in some jurisdictions where a single party might bear full liability, Indiana’s approach acknowledges that multiple parties can share fault to varying degrees. This rule doesn’t just apply to two-party incidents; it extends to complex cases involving several entities.

Modified Comparative Fault Principle

Indiana’s legal system operates under the Modified Comparative Fault principle, which is a nuanced take on negligence laws. Under this doctrine, a party can recover damages only if their share of the fault is less than 51%. This means that if you are determined to be 50% or less to blame for the accident, you can still be awarded damages, but your compensation will be reduced by your percentage of fault.

For example, if you were involved in a car accident and suffered damages amounting to $100,000 but were found to be 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000. Real-world applications of this law can be seen in various case outcomes across Indiana, where the determination of fault significantly impacted the compensation awarded to personal injury victims.

Impact on Personal Injury Claims

The Comparative Fault Rule plays a critical role in personal injury claims in Indiana. It highlights the importance of gathering comprehensive evidence to support your claim and accurately represent your level of fault, if any. Evidence can include eyewitness testimonies, surveillance footage, police reports, and expert opinions.

This rule also underscores the value of skilled legal representation. An experienced personal injury attorney can help argue against inflated accusations of fault and work to ensure that the fault is apportioned correctly, thus maximizing your potential compensation.

Key Considerations for Personal Injury Victims

If you’re involved in an accident in Indiana, there are several steps you should take to protect your rights and interests under the Comparative Fault Rule:

Document Everything: Collect as much evidence at the scene as you can and document your injuries and recovery process.
Seek Medical Attention: Prioritize your health and establish a record of your injuries.
Consult with an Attorney: Early legal advice can be pivotal in understanding how the Comparative Fault Rule may affect your case.

Recognizing how fault is determined is also crucial. Indiana courts will consider the actions of all parties involved in the accident and the circumstances leading up to it. The more evidence you can provide to support your version of events, the better positioned you will be in your claim.

Key Takeaways

The Comparative Fault Rule in Indiana adds a layer of complexity to personal injury claims, making it essential for victims to have a clear understanding of how this rule works and its potential impact on their cases. Whether you’re a driver, pedestrian, or property owner, knowing the ins and outs of this rule can help you navigate the aftermath of an accident more effectively.

If you or a loved one has been involved in an accident in Indiana, don’t leave your compensation to chance. Contact our experienced personal injury attorneys today for a free consultation. We’ll review your case, guide you through Indiana’s accident laws, and help you understand your rights and options under the Comparative Fault Rule. Remember, knowledge is power, especially when it comes to protecting your interests in personal injury claims.

If you or someone close to you has been injured in an accident and incurred financial losses as a result, we can assist in your financial recovery. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with our experienced personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state and Indiana residents injured in other states. Meet at our Indy-based firm, or connect with us over the phone, via internet, or at your place of inpatient medical care.

Basics of Indiana Personal Injury Laws

Posted on October 4, 2019 by admin

When someone is injured in an accident through the fault of another person or entity, you would think they would naturally expect to be compensated for their damages and losses that result from the accident. However, many accident victims are hesitant to move forward with a personal injury lawsuit, or even hire an attorney at all.

Many are under the impression that they will heal quickly, while others feel a false sense of confidence that the defendant’s insurance company will treat them fairly. As a result, these kinds of victims fail to make a personal injury claim within their state’s statute of limitations, or at all for that matter, and consequently miss out on their rights to compensation.

This unfortunate situation mostly occurs due to lack of knowledge about the rules, deadlines and trusting a defendant’s insurance company. To be clear, a defendant’s insurance carrier does not owe any duties to a person injured through the conduct of their insured. They are a business, interested in making money like all businesses.

For these reasons, is vital for all personal injury victims to be properly informed of their legal rights to recovering compensation for their damages and losses following a serious injury or accident. The best course of action is to immediately consult with an experienced accident attorney who can give you the information you need regarding your unique case.

In the meantime, review some of the basic terms, statutes, and processes of Indiana personal injury laws for a better understanding of what to expect at your initial consultation with your lawyer.

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Personal Injury, Defined

A personal injury occurs when an innocent victim suffers damages and losses as a result of someone else’s negligence. A person, group, company, or organization can all be at-fault parties in a personal injury case. If found liable, at-fault parties are ordered to pay compensation for the victim’s damages and losses, such as hospital bills, medical expenses, pain and suffering, and more.

The at-fault parties insurance carriers then pay the verdicts against their insureds. Keep in mind that an injury can be physical, mental, or emotional. Common examples of personal injury cases include car accidents, medical malpractice, slip and falls, dog bites, workplace accidents, trucking accidents and wrongful deaths.

Statute of Limitations

Every state has a set time limit in which an injured person can bring about a claim, or file a lawsuit in civil court, against another party. Here in Indiana, the standard stature of limitations for personal injury lawsuits is two years. If a personal injury victim fails to pursue a claim within this time period, they lose their opportunity to do so, forever.

Additional Time Limits

If a personal injury victim is bringing about a claim against a municipal party, such as a city or county, they have only 180 days to file a tort claims notice. A timely “filed” tort claims notice is required before a lawsuit and claim may be filed against a city or county. If an injured victim is pursuing a personal injury claim against a state government agency, the tort claims notice filing period extends to 270 days from the date of the accident. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more. Again, because of the significant time limitations, you should immediately hire an attorney after your injury.

Comparative Fault Rule

Indiana uses the comparative fault rule, which divides the amount of fault among each person involved in an accident. In the situation that an injured victim is partly at-fault for the accident and their subsequent injuries, the law might apply the comparative fault legal principle and assign a percentage of liability to the injured victim. For example, if a pedestrian ignores pedestrian traffic signals, and is then hit by a driver who is intoxicated, both could be found to be at-fault. See our blog, “Who is Liable When a Driver Hits a Pedestrian?” to learn more.

Car Accident Claims

When it comes to car accident claims, Indiana is an “at-fault” state, which means injured car accident victims are allotted certain legal recourse to collect compensation for their damages. They may file a claim with their personal insurance carrier, file a claim with the other driver’s insurance carrier (known as a “third-party claim”), or file a lawsuit to seek damages. See our blog, “Auto Insurance Terms You Need to Know as a Car Accident Victim” to learn more.

How to Get Started on a Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are motivated to help you recover the full and fair compensation you deserve after being injured in a serious accident. We represent injured people throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement for you!

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Can I Sue if I Am Partly to Blame for My Personal Injury?

Posted on February 8, 2017 by admin

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When a person is seriously injured in an accident by another person, they can be entitled to compensation for their losses and damages. But what happens if the personal injury victim is partially at-fault? In Indiana, there is an area of law that covers this topic. It is called comparative and contributory negligence, which we will discuss it further in detail, below. Continue reading to learn more about the Indiana comparative fault rule, and what to do if you are partially at-fault for an accident that caused you serious injury.

Indiana Comparative Fault Rule

IC 34-51-2-6

Indiana Code 34-51-2-6 states that, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.” This means that if a victim is no more than 50% responsible for the accident and subsequent injuries, they can sue their opponent for compensation to cover medical expenses, hospital bills, lost wages, and more. But if they are at least 50% or more at-fault, they cannot collect compensation for damages from other parties. But they may be able to collect from their own insurance company. The Indiana comparative fault rule is intended to reduce the amount of damages in accordance to the amount of fault the victim contributed to an accident.

Common Scenarios

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The most common types of accidents that involve contributory negligence are slip and falls and car accidents. Here is an example of how it could happen: Gerry is a little late to work, so he is driving a few miles over the speed limit. Then, a truck at the adjacent street turns left in front of him, resulting in a collision. Since Gerry was speeding, he is found to be 30% responsible, while the truck driver is found 70% responsible. So if the total amount of damages equals $20,000, Gerry would likely receive 70 percent of that total ($14,000) instead of the full amount.

There are various circumstances that can place blame on a personal injury victim. In the case of slip and fall accidents, property owners can refute their share of blame with these common arguments:

➨ The dangerous condition should have been obvious.
➨ The dangerous condition was blocked off by signage, cones, and tape.
➨ The victim was in an unpermitted area, or area where visitors are not allowed.
➨ The victim was wearing inappropriate footwear (i.e. high heels, defective shoes, etc.)

In the case of motor vehicle and pedestrian accidents, these arguments could be made to place fault on a victim:

➨ The victim was using their cell phone while driving.
➨ The victim was using their cell phone while walking across a street.
➨ The victim was inebriated.
➨ The victim crossed the road illegally.

If It Happens to You

Contact a licensed personal injury lawyer if you were involved in an accident that caused you serious injuries. They have the knowledge, experience, and resources to protect your right to compensation. They will use every strategy possible to reduce your liability in an accident.

Indianapolis Personal 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 personal injury claim in Indiana. We are seasoned Indianapolis personal injury attorneys who want nothing more than to recover the full and fair compensation for accident victims across Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

What Will Personal Injury Compensation Cover?

Posted on July 6, 2016 by admin

Accidents happen. But sometimes they happen because of human error or negligence. Common examples of personal injury cases include slip and falls, workplace accidents, car accidents, dog bites, medical malpractice, product defects, and assault. When a person is seriously injured in an accident because another person or entity was careless in some way, they can seek out monetary compensation for their damages and losses. Damages and losses differ from case to case, depending on the circumstances of the case, the extent of injuries, the extent of negligence, and more. Personal injury claims generally recognize and consider three types of “losses, called compensatory damages.

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Types of Losses

1. Economic Losses
2. Future Economic Losses
3. Non-Economic Losses (Pain & Suffering)

Compensatory damages are meant to cover a wide variety of expenses and associated costs. Although most of these costs and expenses are pretty obvious, there are many others that victims often unaware of. This is why it is important to hire an experienced personal injury lawyer if you or someone you love was recently injured as a result of another’s negligence. They have the knowledge and resources to navigate every aspect of your case, and recover the fair compensation you deserve.

Types of Economic Losses:

• Medical Expenses
• Hospital Bills
• OTC Medication Costs
• Prescription Costs
• Lost Wages
• Time Off Work
• Child Care Expenses
• Home Maintenance Expenses
• Fuel Costs (to and from doctors’ visits)

Types of Future Economic Losses:

• Prolonged Medical Treatment
• Physical Therapy
• Long-Term Care
• Future Medical Expenses
• Future Prescription Costs
• Future Hospital Costs

Types of Non-Economic Losses:

• Pain and Suffering
• Permanent Disability
• Permanent Disfigurement
• Mental Anguish
• PSTD
• Loss of Social Life
• Loss of Work Abilities
• Loss of Companionship
• Loss of Education Experience

Contributory and Comparative Negligence

Depending on where and how your injuries occurred, some states use contributory negligence laws in personal injury cases. These laws prohibit personal injury victims from recovering compensation (or full compensation) for their losses if the accident was in any way their fault. Other states have laws that will grant victims partial compensation if the accident was only partially their fault.

However in Indiana, we are a comparative fault state. This means that if a victim is 50% or less “at-fault” compared to the other party (or parties), they collect compensation. But if a victim is more than fifty percent at-fault, they cannot collect compensation. It is strongly suggested to discuss your recent injury claim with an Indianapolis accident attorney that can determine the best strategy for your case.

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 if you were recently injured in an accident in Indianapolis, Indiana and its surrounding counties. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to discuss your case and determine what kinds of compensation are due to you. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a friendly office attendant to schedule an appointment, today.