What are the Essential Steps to Take After a Motorcycle Accident?

No one ever expects to be in a motorcycle accident, but unfortunately, it happens. If you’ve been involved in an accident while riding your motorcycle, there are some essential steps that you should take afterward to protect yourself and ensure the best outcome possible. From contacting a motorcycle accident lawyer to getting medical attention and exchanging insurance information with other drivers involved and calling the police, here is what you need to do after being injured in a motorcycle accident.

Call 317-881-2700 to Speak With a Motorcycle Accident Lawyer in Indianapolis
Call 317-881-2700 to Speak With a Motorcycle Accident Lawyer in Indianapolis

How to Protect Yourself After Being Injured in a Motorcycle Accident

1. Get Medical Attention – The most important thing to do after a motorcycle accident is to get medical attention. Even if you don’t think you are seriously injured, it’s always better to have a doctor examine you and rule out any potential complications. This is especially true if you hit your head in the accident or if you’ve been knocked unconscious.  You can have what is called “delayed onset”, which is what medical providers call it when symptoms arise days, weeks or even months following a traumatic event.  It is always best to seek medical attention as soon as you feel any symptoms, even if you believe they are minor and think that they will just heal on their own without medical attention. 

2. Call the Police and Exchange Insurance Information – You should always call the police no matter how bad you think the accident was or was not.  The police will obtain most of the relevant information from the parties and will document what each person said in regard to how the incident happened.  Some people do not tell the police the truth about what happened but some do so it is better to get what happened in writing from a police officer at the time the incident occurred so there is less of a chance that someone changes their story. If you did not call the police, it’s important to at a minimum exchange insurance information with the other driver. Make sure you get their full name and contact information, as well as the make and model of their vehicle and their license plate number. This will help the insurance company to process your claim more efficiently. 

3. Contact a Motorcycle Accident Lawyer – It’s important to contact a motorcycle accident lawyer as soon as possible after the accident, as they can help you navigate the legal complexities of filing a claim and ensure that you receive fair compensation for any injuries or damages. They can also help you fight for the maximum amount of compensation available. 

4. Document Everything – Take as many photos as possible at the accident scene, the parties involved and keep a record of any medical treatments that you receive. This documentation will be helpful when filing and attempting to settle an insurance claim or going to court in the event of a trial.   

5. Contact Your Insurance Company – Once you’ve received medical attention, it’s important to contact your own insurance company as soon as possible but you should always try to obtain an experienced attorney first.

Talk to a Motorcycle Accident Attorney ASAP

By following these essential steps after a motorcycle accident, you can help ensure that you receive the compensation you deserve and protect yourself legally. If you’ve been injured in an accident, contact a motorcycle accident lawyer in Indianapolis as soon as possible to learn more about your rights and get the best outcome for your case.

Common Damages Awarded to Motorcycle Accident Victims

In motorcycle accidents, the most common damages awarded to injured victims are for medical expenses, lost wages, pain and suffering and permanent injuries. Medical expenses can include both the cost of current treatment and the projected cost of future treatment. Lost wages are calculated based on the victim’s earnings before the accident and how much work they were unable to do because of their injuries. Pain and suffering compensation is based on the victim’s pain and suffering both during recovery and into the future.  Permanent injuries are based upon how the injuries negatively affect your quality of life in the future.

Have you been wrongfully injured in a motorcycle accident in Indiana? Take advantage of our free case evaluation to determine your eligibility for compensation and get started on the path toward justice. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a motorcycle injury lawyer in Indianapolis, Indiana. We also represent injured Hoosiers all across the state, and can meet via phone, video conference, or in-office.

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3 Common Myths About Making a Personal Injury Claim

Being injured in an accident is a traumatic experience, and the thought of making a personal injury claim can add to that stress. Unfortunately, there are many myths about personal injury claims that make it even harder for those who have been hurt to get the compensation they deserve.

To help you understand your rights after an accident, here are 3 common myths about making personal injury claims debunked by experienced personal injury lawyers. From understanding how long you have to file a claim to knowing when hiring a lawyer is advisable, this post will answer all of your questions and give you the information needed to make informed decisions throughout the process.

Call 317-881-2700 to Speak With an Indianapolis Personal Injury Claim Lawyer.
Call 317-881-2700 to Speak With an Indianapolis Personal Injury Claim Lawyer.

Top 3 Misconceptions About Personal Injury Claims

Myth 1: You Have Forever to File a Personal Injury Claim

False. The statute of limitations for personal injury claims varies from state-to-state, but typically it’s between one and six years. In Indiana it is normally 2 years, but in some cases certain prerequisites must be met in as little as 6 months in order to be able to pursue a claim at all so it is extremely advisable to immediately at least talk to an attorney. Therefore, it is important to contact an experienced personal injury lawyer as soon as possible after an accident to ensure that your rights are being protected and your case is filed in a timely manner.

Myth 2: All Personal Injury Lawyers are Created Equal

False. Hiring the wrong attorney can cost you time, money and possibly even your personal injury case. When looking for the right personal injury attorney, it is important to find someone with experience in accident cases and a proven track record of getting clients maximum compensation.  Our attorneys at Craven, Hoover, and Blazek P.C. each have over 25 years of experience in handling any and all types of personal injury and wrongful death cases.

Myth 3: You Don’t Need an Accident Attorney

False. Even if you believe you understand the laws and regulations surrounding personal injury claims, hiring a lawyer can be beneficial. An experienced Indiana accident attorney not only knows the law inside and out but also will have years of experience handling similar cases. Having access to their expertise can help protect your rights and ensure that you get the highest amount of compensation possible from your case. Because both case law and statutory law change and evolve every year, it is best to hire an experienced injury lawyer who keeps abreast of those changes and can provide accurate counsel.

Understand Your Rights as an Accident Victim

These are just three of the most common myths about making a personal injury claim. Knowing the truth behind these misconceptions can help you make the right decisions when it comes to filing a claim and getting the compensation you deserve. If you have any additional questions, contact an experienced personal injury civil litigator who can provide more advice specific to your situation.

Are you looking for skilled personal injury law firm to represent you in your auto accident case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.

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Helpful Links For Personal Injury Victims in Indiana

Personal injury accidents can be devastating, leaving victims unable to work and struggling with costly medical bills. If you’ve been the victim of a personal injury due to someone else’s negligence, it is important to understand your rights and options. Indiana personal injury lawyers are available to help you and your loved ones navigate this difficult process and get the compensation that you deserve.

To make sure that your case gets started on the right course, continue below to review a long list of helpful links for personal injury victims in Indiana.

Call 317-881-2700 to Get in Touch With an Experienced Indiana Personal Injury Law Firm.
Call 317-881-2700 to Get in Touch With an Experienced Indiana Personal Injury Law Firm.

Personal Injury Online Resources for Hoosiers

Are you struggling to recover from an injury? Don’t worry – we’ve got your back! Here are some helpful links that will provide much-needed guidance and support during this difficult time.

State Government:

Children and Family Links:

Indiana Law Enforcement Links:

Business Links:

Work and Labor Links:

Industry Links:

Indiana Departments:

Get Help With Your Personal Injury Claim Today

In Indiana, personal injury claims are serious legal matters that require extensive knowledge and experience of personal injury law. If you have suffered physical or emotional harm due to the negligent, reckless, or deliberate actions of another, it is important to contact a personal injury lawyer in Indianapolis. They can advise you on your options and the chance of success when it comes to pursuing a personal injury lawsuit. An Indiana accident attorney can provide vital advice tailored to the specifics of your case, such as what evidence will be required in court and how long you can expect the process to take.  They will also advise you on how much compensation you could potentially be awarded. Finding an experienced Indianapolis personal injury attorney is key to making sure your accident claim receives the attention it deserves.

Reach Out to Craven, Hoover, and Blazek P.C.

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. Our injury attorneys offer extensive experience, expertise, determination, and resources to ensure you receive the full compensation that is deserved. We represent clients all throughout the state, as well as Hoosiers injured in other states.

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The Most FAQS For Personal Injury Lawyers

Personal injury attorneys are experts in helping people who have been injured due to someone else’s negligence. Tort law is a complex and ever-changing field, so it is important for potential clients to understand the process and what their rights are when filing an accident claim.

To help with this, here are some of the most frequently asked questions about personal injury claims that you should know before meeting with an Indianapolis personal injury lawyer.

Call 317-881-2700 to Speak With a Civil Lawyer in Indianapolis Indiana.
Call 317-881-2700 to Speak With a Civil Lawyer in Indianapolis Indiana.

Frequently Asked Questions About Personal Injury Claims

What is a personal injury claim?

A personal injury case is whenever a person has wrongfully suffered an injury due to someone else’s negligence or unlawful intentions. Victims of personal injury can seek financial compensation by filing a personal injury claim or lawsuit. There are many different types of injury claims, ranging from premise liability claims to product liability claims, auto or trucking collisions, wrongful death cases and medical or legal malpractice cases. In these accident cases, the victim or plaintiff must be able to prove the defendant was at fault for their personal injury claim to be successful.

In all accident cases, like car accidents or worker’s compensation cases, legal assistance is necessary to present a strong argument in court. It is important for injured victims and/or personal injury clients to seek out the best possible legal representation for their individual case in order to get the best possible outcome for their unique situation.

How do I know if I have a personal injury case?

If you have been the victim of personal injury, you might be wondering if you have a legitimate personal injury case. To determine this, your best bet is to consult an experienced personal injury attorney. They can assess the strength of your claim and advise you on the best way to move forward. Some things an accident attorney will consider include the level of negligence involved in causing the personal injury, how extensive the damages or losses are, the related medical bills or losses incurred as a result of the personal injury, how long the person was injured, whether the injuries are permanent or not and if the applicable defendant or defendants had insurance company. Answering these questions with detail and accuracy can help your personal injury case become a winning one.

What are the time frames for filing a personal injury claim in civil court in the United States?

When filing a personal injury claim in civil court, there are often strict time frames associated with the process. Before initiating any legal proceedings, it is critical to be aware of the state’s and court’s timelines and seek clarification on all relevant requirements. Generally, personal injury claims need to be initiated within 2 years of the date of the incident; however, this can vary significantly depending on which state or territory you are residing in. In Indiana, the general statute of limitations is 2 years for most personal injury claims, excluding claims against governmental entities.  Some injury claims have a 6 month deadline to be filed so it is recommended that you seek advice from a professional personal injury attorney in Indianapolis immediately after the incident that caused the injury to better understand your legal rights and obligations.

How does the process of filing a personal injury lawsuit work and what can I expect throughout the process?

When filing a personal injury lawsuit, it is important to understand the process and what you can expect as your case progresses. This can be a difficult and stressful experience, so it is important to work with experienced Indianapolis accident attorneys throughout the process. Generally speaking, the first step in filing a personal injury lawsuit for serious injuries is to consult with an attorney about liability and statute of limitations issues. Attorneys will advise their clients on how to proceed and will file the necessary documents.

During the personal injury lawsuit process, both parties will exchange evidence related to the case through their attorneys, such as documentation of damages, photos, police reports and medical bills. Additionally, all parties involved, including witnesses and expert testimonies, may be asked to testify or provide sworn affidavits depending on the circumstances. Throughout this process an injury attorney can help ensure that your rights are respected and that you receive the full compensation for your damages and losses.

What happens if my personal injury lawsuit goes to trial?

Most personal injury cases are settled and do not go all the way to a trial.  If a trial occurs though, a trial marks the end of a personal injury lawsuit, unless the plaintiff or defendant file an appeal to a higher court following trial, which does not happen very often. During the trial, each side has an opportunity to explain their case and make their arguments in front of a judge or jury. A trial involves witnesses, testimony, exhibits and expert opinions. Ultimately, it is up to the judge or jury to decide if the plaintiff should be awarded damages against a defendant.  It is almost always the defendant’s insurance carrier that actually pays the verdict against the defendant.

How much money can I expect to receive if my personal injury case is successful?

When weighing the settlement options of a successful personal injury case, it is important to remember that any settlement or compensation you receive will depend on the specific details of your case. This amount can range from a few thousand dollars for minor injuries to hundreds of thousands, even millions for more severe cases. All settlement amounts are determined by analyzing both economic and non-economic damages such as past and future medical expenses, lost wages, pain and suffering, among others. It’s important to be well-versed in these various components to have an accurate assessment of what type of settlement you may receive at the end of your personal injury case.

What are some things to keep in mind when considering whether to file a personal injury lawsuit after an accident?

When considering whether to file a personal injury lawsuit in Indiana after an accident, it is important to keep in mind the various factors involved. Firstly, it is important to determine if your injuries are serious enough that you should move forward with legal action. Secondly, you should seek advice from a qualified accident lawyer in Indianapolis who can assess the specifics of your individual situation and guide you through the legal process. Ultimately, filing a personal injury lawsuit should be an informed decision made carefully and thoughtfully; consulting experienced legal professionals can provide insight into the process and help make sure each step is handled properly.

Are you interested in discovering if you have the right to take legal action against a wrongdoer who caused your family or yourself harm? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced personal injury lawyer in Indianapolis, Indiana. We represent all Indiana residents injured in or out of state, including children and teenagers. We also represent persons from other states who are injured in Indiana.

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Reasons to Hire a Personal Injury Attorney After an Accident

If you’ve been injured in an accident, the last thing you want to do is try to handle everything on your own. You need someone who can help you navigate through the legal process and get the compensation you deserve. Continue below to learn some of the top reasons why you should hire an Indiana personal injury lawyer after being negligently injured in an accident, plus how to get started on your case as soon as today.

Indianapolis Accident Attorneys
Indianapolis Accident Attorneys 317-881-2700

Why Hire an Accident Lawyer in Indiana?

Some people choose to try to represent themselves in legal cases, whether it is because they cannot afford an attorney or because they believe they can handle the case on their own. However, this is not only a risky proposition due to errors that can be made due to lack of knowledge of the rules, it is a decision no person should really make.  Even attorneys who are injured as a result of the negligence of any person or entity should obtain an attorney who specializes in the type and area of law involving their claim.  

Without the training and experience of a qualified and experienced accident lawyer who knows all the ins and outs of the law of a particular type of case, you cannot possibly know how to best present your case. In our experience, a non-specializing attorney or non-attorney altogether obtain less favorable outcomes than if you had hired an experienced attorney who specializes in the correct subset of the law.

If you’ve been injured in an accident in Indiana, you may be wondering whether or not you should hire a personal injury attorney. Here are five good reasons to consider hiring one:

You may be entitled to more compensation than you realize.

Accident attorneys are experienced in fighting for the maximum amount of compensation their clients are entitled to under the law. This could include not only medical bills and lost wages, but also pain and suffering, property damage, and other types of damages. Such damages can include physical, emotional, and financial losses. If you’ve been injured in an accident, you may be entitled to compensation for these damages.

You will need help dealing with insurance companies.

After an accident, you will likely deal with your own insurance company as well as the at-fault party’s insurer. Insurance companies are in the business of making money, and they attempt to minimize the amount they have to pay out on claims. An experienced civil litigator can help you navigate the insurance claims process and fight for the compensation you deserve.

Your case may require litigation.

If the at-fault party’s insurance company is unwilling to offer a full and fair settlement, you may need to file a personal injury lawsuit. Only an attorney who has experience litigating such cases will be able to handle this process effectively.

You have a limited time to file a claim.

Most personal injury claims are subject to a statute of limitations, which is a law that sets a deadline for filing a claim. If you miss the deadline, you could be barred from recovering any compensation. An attorney can make sure your claim is filed on time.  Moreover, a tort claims notice is required to made within a very short time period following an incident against a city, county or state defendant or you are barred from later making a claim.  These time limitations are as low as 6 months.

You should not have to worry about the cost of legal representation or whether or not your own interests are being looked after.

Accident lawyers in Indianapolis typically work on a contingency fee basis, which means they only get paid if you recover compensation in your case. This allows anyone who has been injured in an accident to seek the legal help they need without worrying about the cost.  In addition, you can have peace of mind that you have an experienced and knowledgeable representative on your side and your side only.

Personal injury law is a complex area of the legal system that can be difficult to navigate. If you have been injured due to someone else’s negligence or the negligence of employees of a corporation, it is important to know your rights and how to protect them. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced accident lawyer in Indianapolis, Indiana. We also represent injured victims all across the state, Indiana citizens injured in other states and citizens of other states injured in Indiana.

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Where Do I Make a Personal Injury Complaint in Indiana?

When you know you are not at-fault for a recent accident that caused you injuries and damages, you might be eager to obtain justice through an Indiana personal injury claim. Continue below to learn which court system you might file your personal injury lawsuit, plus where you can get trusted legal advice regarding your recent accident and injuries.

Indianapolis Personal Injury Claim Office 317-881-2700
Indianapolis Personal Injury Claim Office 317-881-2700

Common Factors That Influence Where You File an Injury Lawsuit

There are many factors that will ultimately determine which court system is the right fit for your personal injury complaint. Whether you file in small claims court or state civil court will be dependent on the location or jurisdiction of the accident site, scope of injury, extent of damages, and more.

Small Claims Court

Small claims court deals with just that: smaller level claims. They adjudicate cases that involve a lower level of damages and losses, or more plainly, the amount of compensation you are seeking for such damages and losses.  Although the set limit for small claims can differ among states, they typically range between $3,000 and $15,000.

There are some benefits to pursing a personal injury lawsuit through small claims court. The legal process is generally quicker, easier, and cheaper. However, small claims court is less formal and because damages in small claims court are capped, it is not the choice for serious cases, like wrongful deaths and similar catastrophic accidents or any case that is valued over the small claims limits.

Civil Court

Civil litigation allows civilians like yourself to seek financial justice after being wrongly victimized by another person or entity. In comparison to small claims court, civil court deals with personal injury cases that involve a higher level of damages and losses, and therefore, higher settlement demands and verdicts. Personal injury complaints that are requesting more than $15K in damages should be filed and adjudicated in the proper branch of the state’s civil court system.

Common cases include serious motor vehicle accidents, medical malpractice, serious slip and fall cases, brain injuries, wrongful deaths, and catastrophic accidents like falling from heights, chemical explosions, house fires, and plane crashes.

How to Get Started With Your Personal Injury Complaint

It is critical to the outcome of your case, namely the amount of compensation you are awarded, to hire a skilled and experienced Indiana personal injury law firm to manage your case. Your accident lawyer will navigate every step of your case from start to finish with the objective to obtain the maximum settlement or verdict for your claim. Trust your personal injury attorney to handle the unique needs of your case, including filing your complaint with the right court system and obtaining the evidence necessary for you to win your case.

Are you ready to schedule a free case evaluation with a seasoned personal injury lawyer who can help you understand the next best step in the legal process? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get started, today. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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Do I Need to File a Lawsuit After Being Hurt in an Accident?

After being injured in an accident by the carelessness of another, many victims are legally entitled to some degree of reimbursement or compensation for their losses. These losses include damages like lost wages, medical expenses, hospital bills, prolonged rehabilitation, mental trauma, pain, suffering, property damages, and more. In extreme cases where the wrong doer demonstrated egregious misconduct or caused such trauma that compensation is not a sufficient means of amends, punitive damages may also be awarded by a court or jury.

Although a victim of a negligent act or accident is truly a victim and should be compensated for their damages, pursuing a lawsuit for such restitution may not always be in the victim’s best interest. Most often, a personal injury lawsuit is the path wrongly injured victims should take, but in some instances, it may not be the best option for a number of reasons. For this reason, it is wise to consider whether a lawsuit is a worthwhile endeavor.

Continue reading to learn a few considerations that can help a personal injury victim decide if a lawsuit is the productive course of action to take after being hurt in an accident.

File Accident Lawsuit Indianapolis Indiana 317-881-2700
Accident Lawsuit Lawyers Indianapolis Indiana 317-881-2700

Examining the Details of the Accident

After being injured in an accident at the expense of another person or entity, it is important to indicate three aspects of the incident. First, it is critical to consider the actual level of fault of the opposing party.

What was their role in the incident?

Did they have a legal duty of care to prevent such accidents from happening to the same class of people as the victim?

Would a reasonable person have foreseen the possibility of the accident happening?

Did they take reasonable action to prevent such accidents?

There is much more involved in determining fault in a personal injury case, but these are a few inquiries that come into play when assessing liability. Sometimes, it can seem like an accident was the other person or company’s fault, when in fact, they are cleared of such liability for several other reasons. If a person does not have a strong enough claim against an opposing party, or if the opposing party is not the majority at-fault, there may be no point to a personal injury lawsuit.

Comparative Fault Analysis

It is also important to consider the victim’s own liability in the accident. This is referred to as comparative fault analysis. 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.” So, one must ask themselves what was their level of fault might be? Could they have prevented their injuries? Should they have reasonably foreseen that such an accident could happen?  Was what they were doing at the time of the incident reasonable?

For example, consider a winter blizzard. On a snowy and icy day, a young man visits a grocery store wearing roller skates. Although there are wet floor signs posted everywhere and the store attempted reasonable clean up, he ignores them and continues to skate his way through the store, eventually wiping out and injuring himself badly. Since a reasonable person would not wear roller skates to a grocery store in those conditions because they know that floors will be wet and slippery, and since the grocery store took reasonable action to try to clean and to post “wet floor” signs as a warning to customers, the level of fault might fall onto the man. In this case, the store would not be held liable or fully liable for his injuries.  A personal injury lawsuit might be futile in this example.

Extent of Damages

And the third aspect to consider is the severity of the victim’s injury and the extent of damages incurred because of the accident. If the injury is not so serious that it caused the victim to suffer calculable financial losses like medical bills, lost wages, and loss of ability to work.

For instance, let’s say a person is wrongly rear-ended by another driver and the collision causes the airbag to deploy. As a result, the person who was rear-ended incurred minor airbag burns on their forearm but no other injuries. Because these burns are minor, they only required one doctor’s visit in which the physician orders the patient to use OTC topical ointment to soothe the burns as they heal. Because the accident did not cause them to suffer serious damages and losses, a personal injury lawsuit would be useless, although if a settlement were not reached with the at-fault party’s insurance carrier, a lawsuit in small claims court might be sufficient but again, the pros and cons of your time and effort in obtaining a small claims judgement would need to be weighed.

Had the car accident resulted in a head injury, orthopedic injury, or similar serious injuries that require extensive medical treatment and ongoing rehabilitation, the circumstance would change, and a personal injury claim and possible lawsuit would be worthwhile filing.

Prospect of Compensation

Aside from the three aspects of the accident, it is important to think about the possibility of compensation. Although a court can rule that a victim is owed compensation, the court is not the one to pay it, and neither is the government unless the claim was brought against the government. All compensation that is court- ordered to the victim or their families has to come from, in almost all cases, the defendant’s insurance company. If a defendant has no insurance, and has very little assets, income, or savings, there is little chance to get the compensation. They usually cannot pay a judgment if they could not afford to carry liability insurance. For this reason, pursuing a lawsuit is most often not worthwhile, but every case needs to be looked at individually.

Would you like to learn more about your opportunity to obtain compensation through an Indiana personal injury claim or lawsuit? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana and Indiana residents injured in other states.

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To Sue or Not to Sue for a Personal Injury?

To sue or not to sue? Well, that is certainly an important question after sustaining serious injuries in an accident that was someone else’s fault. When wrongly injured by another party, it is natural to assume you will be fairly compensated for your injuries and subsequent damages. And although most personal injury lawsuits settle before ever reaching trial, this is not always the case. Sometimes, it takes a lawsuit to get the financial justice you deserve. But do you know if you need to sue?

Continue reading to learn how to determine if your personal injury accident is grounds for a lawsuit or if your case is a good candidate for settling out of court.

Accident Lawyer Indianapolis Indiana 317-881-2700
Accident Lawyer Indianapolis Indiana 317-881-2700

Considerations For Personal Injury Lawsuits

Whether a person, business, manufacturer, insurance company, or even a branch of government, an at-fault party should be held liable for your resulting personal injury damages and losses, including but not limited to lost wages, medical expenses, hospital bills, prolonged rehabilitation, pain, suffering, and more. But before your jump straight into a personal injury lawsuit, there are several considerations that need your attention first. You see, there may be no question that a person who’s been wrongly and negligently injured is a victim but being a victim doesn’t always mean there are valid grounds for a lawsuit, or that a lawsuit would be the best route to take.

Certain dynamics of a case largely determine whether a person can or should sue another for their injuries. For example, the seriousness of an injury must be examined and assessed, the opposing party’s actual level of fault or negligence, and the limits of the at-fault person’s insurance. All these factors and more are considerations that will reveal whether a lawsuit is an advisable action or not.

Can the At-Fault Party Pay?

Aside from all of the relevant factors to consider, one of the most important and deal-breaking is whether or not an at-fault party is capable of providing remuneration. Sometimes, an at-fault party does not have the means to pay for another’s damages because they are not insured; so even if they are sued and lose, a victim might not be able to be awarded any funds if there are none to give in the first place. This is especially true if the at-fault party doesn’t have liability insurance either.  This is why every person should purchase uninsured and underinsured insurance coverage to protect themselves and other persons in their vehicle.

In this case, a victim will only waste their own time and money pursuing a lawsuit that can’t render recompense. The same goes for anyone intentionally or maliciously injured. A liability insurance policy will not cover intentional tort or wrongdoings, so if someone wants to recover compensation for an intentional injury, they must pursue it in court; but if the individual does not have the means to even pay for a victim’s damages, a lawsuit will also be unsuccessful in some situations in providing actual recompense.

If you are struggling with the decision to move forward with filing an injury claim for compensation, your best option is to consult with a seasoned personal injury lawyer in Indianapolis for personalized advice regarding your case. They will know if your case is valid, and whether you should pursue legal action against the at-fault party and they can look to determine any and all potential applicable insurance policies.

Are you asking yourself, “Where can I find the best accident lawyers near me?” Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We do not get paid until we obtain a settlement or verdict for you, which means we strive to recover a settlement or verdict as quickly as possible for our clients, but always with the understanding that the settlement must be the full-and-fair based on all the evidence for the case. We represent injured persons throughout the state of Indiana.

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What You Can Expect From the Personal Injury Lawsuit Process

No personal injury case is alike. They each have their own unique set of circumstances. However, most personal injury lawsuits will involve a similar legal progression, from the initial step of filing a lawsuit to the final phase of receiving a verdict or settlement. Continue reading to learn which steps will likely fill in the blanks between the start and finish of a personal injury case, plus where to obtain skilled accident representation for your claim in Indiana.

Personal Injury Law Firm Indianapolis Indiana 317-881-2700
Personal Injury Law Firm Indianapolis Indiana 317-881-2700

Litigation Milestones in a Personal Injury Lawsuit

Although your personal injury case will not look like the next person’s, you can count on a few standard litigation milestones after deciding to move forward with a lawsuit, such as hiring an Indianapolis accident attorney and filing a complaint, as well as exploratory investigations, pretrial and discovery, depositions, and more.

Obtaining Legal Representation

The first step after making the decision to sue is to hire a personal injury law firm to represent you. An accident attorney has the proper knowledge, experience, and resources to build a strong and impactful case on your behalf to obtain the maximum settlement possible for your lawsuit.

It is not recommended to represent yourself in a personal injury lawsuit. Not only is the law complex, but the filing and deadline requirements are stringent. Furthermore, representing yourself places you at a much higher risk of losing money. You would be required to pay for all upfront costs and legal expenses, and in the end, likely receive a much lower settlement than you would without legal representation. 

The personal injury lawyer might choose to initiate an exploratory investigation before taking you on as a client. An exploratory investigation primarily involves researching and confirming the defendant’s insurance coverage and your own underinsured coverage. If the lawyer decides you have a viable case, they will commence all the necessary paperwork, making the client-attorney relationship official. Next comes attempting to resolve your case with the defendant’s insurance carrier after you have finished your medical care and if the insurance company does not wish to resolve your case for a full and fair settlement,  next comes filing the lawsuit.

Filing a Complaint With the Court

After establishing the client-attorney relationship, your accident lawyer will take the necessary steps to file a personal injury complaint, which will be physically served on the defendant. From there, the defendant is given time to hire their own legal team and prepare for the first court appearance. The personal injury complaint is the first official legal document in the lawsuit process. It contains the circumstances of the accident, including how the defendant was negligent and the damages you’ve suffered as a result.

Pretrial and Trial

The next major stage in the personal injury lawsuit process is pretrial, which is followed by mediation or a trial. During the pretrial process, the “discovery” phase takes place, which involves both sides exchanging evidence and information, including depositions from both parties, witness statements, expert witness testimonies, and more.

Also, during the pretrial process both sides will appear in front of a judge to agree to or reject mediation. The pretrial phase can take several months due to the intermittent court hearings and scope of evidence collection. Most personal injury cases settle out of court, but some do go to trial.

If your case goes to trial, lawyers will begin to select a jury, set mandatory settlement conferences, debate which pieces of evidence will be allowed at trial, and so forth. Once the trial begins, the process only takes a matter of days. Within a weeks’ time, give or take a few days, the court and jury will decide if and how much the defendant should pay the plaintiff for damages. If the defendant is found liable and ordered to pay, they can choose to appeal, which continues the process for several more months.  The defendant’s insurance company will pay any verdict entered against the defendant, up to the insurance policy limits.

Receiving a Settlement

Both parties can agree to a settlement and close the case at any point in the process, even before a complaint is ever filed. There are many factors used to calculate a personal injury settlement.

The attorneys are responsible for preparing and agreeing upon the release document, which sets forth all the terms of the settlement.

Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.

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Top 4 Questions to Ask a Personal Injury Attorney After a Serious Accident

Following a serious and wrongful accident, walking into a first consultation with a personal injury lawyer can feel overwhelming. To help ease any concerns or anxiety you might have about meeting with an attorney to discuss all your legal options for recompense, it is helpful to have some critical questions prepared ahead of time.

Continue below to review the top 4 questions to ask a Indiana personal injury lawyer at your initial case evaluation. These questions will help streamline your consultation, placing you on the right track toward success.

Personal Injury Lawyers Near Me Indiana 317-881-2700
Personal Injury Lawyers Near Me Indiana 317-881-2700

What to Ask a Personal Injury Lawyer at Your Case Evaluation

Do I Have a Personal Injury Case?

Asking a lawyer about the validity or strength of your case is one of the basic and most essential inquiries to ask at a personal injury case evaluation. No one wants to waste anytime beating around the bush. Ask your injury attorney if the incident was most likely caused by another’s negligence, if you or your family are entitled to compensation for your damages, and how to file a claim. Which leads us to the next important question.

If a personal injury claim is valid, you should be entitled to remuneration for your economic damages, including lost wages, medical expenses, hospital bills, at-home nursing, long-term hospitalization, pain and suffering and much more. More specifically, you should be asking your lawyer how much compensation you are entitled to, and perhaps even what similar cases have paid out in the past.  Obviously, the value of a case will largely be dependent upon the strength of the evidence and how long a person does or does not need on-going medical treatment and how long the injuries last.

How Much is My Case Worth?

The settlement you may collect largely depends on your total compensatory damages and losses, including lost wages, lost wages, hospital bills, medical expenses, mileage to and from doctors’ appointments, partial or permanent disability, and more. Settlements may also include non-economic or punitive damages as well, like pain and suffering, mental anguish, partial or permanent disability, permanent disfiguration, prolonged rehabilitation, loss of companionship, diminished quality of life, pain medication dependencies, reduced quality of life, and more. In order to truly know how much your case is worth, you must consult with a licensed Indianapolis IN personal injury attorney.

Will My Case Go to Trial?

There are various factors that influence the outcome of a settlement. Whether a claim gets settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer in Indianapolis assists with this part of the process. They are prepared to go to court for their clients but do everything in their power to avoid it and settle out of court instead. In most cases, personal injury claims are settled out of court.

How Much Will Lawyer and Legal Fees Cost Me?

Although not all, most personal injury law firms get paid on contingency. This means that clients do not have to pay the law firm for their services if the lawyers are unsuccessful at recovering a settlement or verdict for them. When clients do receive a settlement, lawyers will be paid a percentage of that settlement as defined in the lawyer-client agreement. This can range anywhere from 33 and 1/3% to 40%, depending on various factors.

In addition to paying the lawyers, personal injury clients will owe additional expenses and court costs. For these expenses, the attorney will front them and will just reimburse themselves out of any settlement or verdict if the case is won.  Expenses would include things like copies, postage, filing fees, costs to obtain copies of medical records, and doctor reports and depositions if necessary.  

Are you looking for a motivated Indiana personal injury law firm to represent you or a loved one? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. We represent clients throughout the state of Indiana.

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