Where Do I File a Personal Injury Complaint?

Posted on July 30, 2021 by admin

After being injured in an accident that was caused by another person’s recklessness or negligence, it is likely that you are thinking about pursing a lawsuit. But where you ultimately file your personal injury complaint will depend on certain factors, including the extent of your injuries and the scope of your losses, as well as the person or party you are suing and where your accident took place.

Continue reading to learn the difference between filing an accident lawsuit in Small Claims Court and State Court, and who to trust for reputable Indiana personal injury representation.

Indianapolis Civil Injury Lawyers 317-881-2700

Personal Injury Filings in Small Claims Court

Following an accident that left you with injuries, you would normally bring your personal injury claim against the at-fault party in Small Claims Court if the total amount of money you are asking as compensation for your damages and losses are on the lower side of the spectrum, or below the state’s s Small Claims Court maximum threshold. Small Claims Court limits are generally set by the state and differ among jurisdictions, but most states establish theirs between $3,000 and $15,000.

Here in Indiana, the limit for Small Claims Court lawsuits is generally $8,000. Starting on July 31, 2021, the limit will be raised to $10,000. If your personal injury damages are less than the state’s damage cap for Small Claims Court, you could file your personal injury complaint there, but with the help of your Indianapolis accident lawyer. You can expect Small Claims Court proceedings to turnover much faster, oftentimes being resolved after just one court hearing.

Filing a Personal Injury Complaint in State Court

Personal injury victim would file their complaint in a regular State Court if the amount of compensation they are asking for is above the state’s threshold for Small Claims Court; and you would do so in the designated branch of the state’s civil court system. In either case in filing a personal injury complaint, your first step is to contact a skilled and experienced Indiana personal injury lawyer who can navigate your accident claim every step of the way. With an injury attorney on your case, you don’t have to think about where or how to file a personal injury complaint in the first place.

Are you looking for a seasoned personal injury representation after being hurt in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a friendly and experienced Indianapolis accident la w yer. We serve clients throughout the state of Indiana.

You Should Also Read:

Is it Better to Settle an Accident Claim Out of Court in Indiana?
Is There Still Time to File My Indiana Personal Injury Claim?
Am I at Risk of Any Consequences if I File a Personal Injury Claim?

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

How Long Does a Personal Injury Lawsuit Take?

Posted on October 5, 2018 by admin

Many questions arise after being negligently injured in an accident. One of the more common inquiries involves time; that is, many accident victims want to know how long a personal injury lawsuit can take. If you are a recent accident victim, you may be wondering the same thing.

Continue reading to learn more about personal injury lawsuits, including the possible standard events of the average legal process.

Personal Injury Law Firm
317-881-2700

Immediately After the Accident

As soon as you are involved in an accident, you must get medical treatment immediately. Even if you look and feel fine because of adrenaline, there could be underlying bodily injury such as whiplash, back injuries, spine injuries, orthopedic fractures, burns and more. Always get checked out by a medical professional right after an accident. Once you have received your medical treatment, continue with any physician’s orders and show up for all scheduled doctors’ appointments.

Contact a Personal Injury Lawyer

After you get home from the hospital, it is wise to start looking for a lawyer to represent your personal injury claim. Choose a seasoned Indianapolis accident lawyer who has experience in your type of accident and provides free initial consultations to discuss your case. It is also helpful to choose a law firm that works on a contingency fee basis, meaning they do not collect lawyer fees unless the recover a settlement for you.

Case Investigation and Development

Upon hiring a lawyer, the next step of the process mainly rests in their hands. From here, your lawyer will document your case through an investigation, while also utilizing all types of sources and evidence, such as witness statements, 911 tapes, photographs, videos, professional testimonies, medical records and more. They will also negotiate with the opposing insurance company to obtain the full and fair compensation you deserve for your damages and losses as an accident victim.

Negotiations

The negotiating part of the process can take anywhere from a few weeks to several months, or even years, depending on many factors, including how cooperative the opposing insurance company is and how long it takes for you to recover. Sometimes, lawyers will not make a demand until a victim has reached maximum medical improvement (MMI), and they have mostly recovered from their injuries. No accident victim should want to even make a settlement demand until a doctor tells them there is no further treatments which can improve their situation.

Filing a Lawsuit

Not all personal injury claims go to trial and in fact the majority of cases do not, but if they do, the process starts as soon as the lawsuit is filed. From there, it can take up to 1 to 2 years for the case to make it to court, however, every state has different pretrial procedures, so it is hard to really predict how long it will take.

Discovery Process

Once the lawsuit is filed, both sides begin the discovery process to investigate and research the legal claims and defenses, which involves interrogatories, document requests, and more. The discovery process generally takes anywhere from 6 to 12 months, but this can vary depending on various factors such as case complexity and court deadlines.

Mediations

Once the discovery process closes, both sides enter into the mediation and negotiation phase of the process. Basically, they begin to discuss the possible settlement. If the lawyers representing each side cannot agree on a settlement among themselves, obviously with the consent of their clients, they will go to mediation. If mediation does not work, the case will go to trial. However, most personal injury lawsuits settle out of court using mediation.

Trial

If a personal injury lawsuit goes to trial, it is very difficult to predict how long it will take. There are several factors that influence the legal timeline of such cases. Hearings can also be pushed back and rescheduled. This means a trial can take anywhere from one day to several months, or longer, depending on the case.

Where to Get the Best Legal Advice Regarding Your Claim

Personal Injury Law Firm
317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis accident lawyers are ready and able to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!

FAQS About Losing a Personal Injury Lawsuit

Posted on June 26, 2017 by admin

There are many ways a plaintiff can lose their personal injury lawsuit. A directed verdict, summary judgement, or jury verdict for the defense are all possibilities. When this happens, the victim is usually asking themselves what they are supposed to do next. After all, they still have all of their losses and damages to cover, including hospital bills, medical expenses, lost wages, and more. If you are wondering the same thing, continue reading to review some frequently asked questions about losing accident cases.

Indianapolis Personal Injury Lawyers 317-881-2700

Can I Get a New Trial?

Although there is a procedure in place where lawyers can ask the presiding trial judge if they can have a new trial before an appeal is filed. Unfortunately, this motion is rarely granted. This is because there has to be a blatant and copious amount of procedural or evidentiary errors to be granted a new trial. You can’t get a new trial simply because you do not like the jury’s verdict. Also, most judges believe their rulings are correct, and any errors your lawyer points out will be likely justified.

Can I Appeal?

Just like requesting a new trial, you cannot appeal simply because you disagree with the jury’s verdict. To appeal, there must be specific grounds in order; and the possibility of specifics are nearly infinite. One way to be granted an appeal is if the court makes a mistake known as, “reversible error.” This is when the court makes an error that is so influential, it affects the outcome of the case. This includes not allowing key witness testimony and misleading jury with inaccurate instructions not according to the law.

Do I Owe Money if I Lose?

You will owe money, either out-of-pocket or through your insurance, or both. However, it is likely that you will not owe your lawyer anything since most accident firms work on contingency. This means they do not get paid unless they recover a settlement for you. You will have to pay for any court fees, filing fees, notaries, and more. It is also possible that you will have to pay the defendant’s taxable costs. This doesn’t include everything they paid to go to court, but is does include large parts of it, such as expert witness testimonies. Depending on how long your case was at trial, these costs can add up to the thousands.

If I Lose My Lawsuit, Does it Mean I Chose an Inadequate Attorney?

Absolutely not. Losing a lawsuit does not mean that your lawyer dropped the ball. You can never predict how a jury is going to feel, or which parts of the case they will grip onto the most. You should not accuse your attorney of malpractice. You should remember that they too lost time and money fighting on your behalf.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with an Indianapolis personal injury lawyer about your accident claim, today.

How to Find a Reputable Personal Injury Lawyer in Indiana

Posted on February 16, 2016 by admin

Personal Injury Lawyers 317-881-2700

After being injured in an accident caused by another person’s negligence, victims are sure to have questions and concerns. This is why a personal injury lawyer is a significant asset to anyone that’s suffered a recent serious injury or been involved in a serious accident. They are there to represent a victim’s best interest, as well as, the best interests of their family and future.

A professional personal injury attorney can bring your claim to trial, or settle out of court with opposing parties and insurance companies, to recover the full and fair compensation an injured victim deserves. When searching for a reputable accident attorney or law firm, it is important to hire someone with a certain level of credentials, including ample experience. Continue reading for tips on how to find a personal injury attorney you can trust is a reputable choice.

Accident Lawyers and Firm Credentials

Misconduct, negligence, malicious intent, and carelessness are all factors that play a huge role in causing a personal injury to occur. These factors and more are used as a basis to begin understanding and investigating an accident case. Once these grounds are determined, lawyers can assess whether or not a person is entitled to compensation for their damages. Of course, the process of assessing an injury case is not so cut and dry; there are several more variables, factors, research, interviewing, investigating, and more that a legal team must cover in order to put together a strong claim for their client’s.

So how do you know your attorney can provide comprehensive legal representation and recover the recompense you deserve? Here are some credentials, attributes, and more to look for when choosing a personal injury lawyer:

➀ Proper State Licensing

Every attorney should be legally licensed to practice their particular area of law in the state they work and live. Be sure they are true, licensed, practicing lawyers before paying a retainer or hiring them on the spot.

➁ Trial and Litigation Experience (at least 10 years)

Choose a lawyer that has several years of experience practicing law, litigating, and going to trial. Experience means more knowledge, better resources, and more power. An experienced lawyer is a confident and assertive lawyer that knows how to recover for clients.

➂ Client Amenities

Law firms should set themselves apart from the others by offering client conveniences and amenities. This lets the client know they are not out to just get paid, but they really care about the comfort and well-being of their clientele. Look for offerings like free initial consultations and no upfront lawyer fees. These client conveniences are a good sign.

➃ Lawyer Availability

An injury attorney should be easily available for their clients at most times. What’s the point of having an attorney if you cannot consult them or bring to them your questions and concerns when you need to? Although it is not possible to always meet or speak in person, but a lawyer should provide full-on open communication with clients through email and phone.

➄ Track Records

Look into an attorney’s track records for success. Find out how many cases were settled, won, lost, and so forth. A good success record means a lawyer knows what works and knows how to bring a claim against an opposing party, like insurance companies. Do not be afraid to ask a lawyer, straight up, about their track record and trial history.

Indianapolis Personal Injury Lawyers

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have been injured in an accident that was not your fault in Indianapolis, Indiana. Seasoned Indianapolis personal injury attorneys, Dan Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless they settle or win your claim. Call 317-881-2700 to learn how to file a personal injury claim in Indianapolis, IN today.

Property Code Violations Can Cause Slip and Fall Accidents

Posted on December 8, 2015 by admin

Premise Liability Claims 317-881-2700

Slip, trip, and fall accidents are complicated. There are so many variables that can lead to such accidents and injuries. One of the most common causes of slip and fall accidents involve property code violations. When a commercial or rental property is not up to code, there are not only potential legal consequences, but safety concerns as well. It is up to the municipalities (state and federal governments) to rule on and enforce proper building codes and standards to maintain safety.

Commercial properties like grocery stores, offices, and movie theaters, are legally obligated to maintain a safe and hazard-free environment at all times. This ordinance falls under premise liability law. For rental properties like townhomes, apartments, and condos, there is also a responsibility to maintain a premise that is both “up to code” and hazard-free; but who that responsibility falls on can sometimes be unclear.

For rental properties, most often the lease will define every detail of tenant and landlord responsibilities in terms of safety and maintenance. It is common for the tenant to be responsible for maintenance like snow and ice removal on personal sidewalks and driveways, but it is also common for condominium and apartment property management companies to provide professional landscaping and snow service for a monthly HOA (Home Owners’ Association) fee.

It is important to always discuss premise liability with your landlord or review the terms laid out in your lease. As for business owners, review some common building code violations that can not only cause slip, trip, and fall accidents, but hold you liable for a victim’s injuries and damages.

Building Code Violations and Hazards

Premise Liability Claims 317-881-2700

Most slip and fall accidents can be prevented, but if certain precautions are not taken, a property can quickly become a hazardous environment. If you are aware of which code violations and dangers to look for, you can better protect yourself from a potential slip and fall accident. But if you are a property owner, it is more important to make sure your premises is properly maintained and safe at all times.

Common Building Code Violations:

• Un-Shoveled Snow and Ice on Sidewalks
• Snow and Ice Left on Floors w/o Visible Warning
• Uneven Curbs or Sidewalks
• Warped Stairs or Steps
• Crumbling Steps
• Broken Stairwells
• Missing or Broken Stair Rails or Handles
• Poorly-Lit Sidewalks or Stairwells
• Improper Placement of Downspouts Causing Water and Ice Accumulation
• Lack of Slip-Resistant Mats for Slippery Floors
• Unmarked Construction Zones
• And More

If you were recently injured as a result of a slip and fall accident on someone else’s property, you may not be responsible for your own damages and losses. Talk to a licensed personal injury attorney about your slip and fall accident as soon as possible. You may be entitled to legal compensation for pain, suffering, medical bills, time off work, and much more.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys Indianapolis 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned slip and fall lawyer in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have many years of experience representing victims of slip, trip, and fall accidents. We work around the clock to make sure we recover the full and fair compensation you deserve after sustaining serious slip and fall injuries. Call 317-881-2700 today for information about filing a personal injury claim in Indianapolis, IN.

A Brief Review of Indiana’s Personal Injury Laws

Posted on October 1, 2015 by admin

Indianapolis Accident Lawyers 317-881-2700

In terms of personal injury, Indiana has its own set of ordinances that surround the civil legal process and more. This includes time limits for filing lawsuits, government claims, compensation caps, liability, and more. Most of these basic personal injury laws will become relevant at some point, either during court trials or negotiations with insurance companies.

If recently injured and considering a claim against a negligent party, it is wise to familiarize yourself with these personal injury law basics so that you are better prepared to discuss your case with a trusted accident lawyer. Continue reading to review some basic principles surrounding personal injury law, as well as, some fundamental laws and ordinances specific to Indiana jurisdiction.

Statute of Limitations

When a person is wrongfully injured and wishes to pursue a claim against the at-fault party, they cannot wait too long. All states have a set time limit to file a civil lawsuit, all of which vary depending on the type of case. As for Indiana personal injury lawsuits, a person has two years from the date of the accident to legally file a suit. Once two years has come and gone, a personal injury victim loses all opportunity to pursue compensation for their damages. This time limit decreases for other types of claims. For claims against a city or county, a personal injury victim only has 180 days to file a lawsuit. And for claims against an Indiana state government agency, victims have 270 days from the time of the accident.

Liability

Indiana uses “comparative fault” for some personal injury claims. This means a victim can be found partially at-fault for their accident and subsequent damages, thus reducing the opposing party’s liability. It also reduces the total amount of compensation awarded. For example, if a person is hit by a car while crossing the street, but they were not using a designated crosswalk, a court might find them 20% at-fault and the driver 80% at-fault. And the math for compensation would continue from there.

Car Accident Claims

In Indiana, a car accident victim has several options in terms of collecting compensation for their damages. They can choose to file with their own car insurance carrier, the other driver’s car insurance carrier (third party claim), or take the case to court to prove fault and collect compensation for damages.

Dog Bite Claims

Many states follow a “one bite rule” regarding dog bites and injuries. This means a dog owner, to some degree, is protected from liability the first time their dog injuries another person, if their history does not show aggression or past attacks. But Indiana does not use this rule; instead, they use “strict liability” meaning a dog owner is strictly liable no matter what their dog’s behavioral history looks like.

Compensation Caps

In Indiana, there are certain limits to how much compensation can be collected on specific types of cases. For example, medical malpractice lawsuits had a cap of $500,000 for non-economic damages, while government payouts capped out at five million. These compensation caps have been updated since 2012, and may currently abolished. Talk to your personal injury lawyer for current state cap limitations.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of trial experience. Our personal injury law firm fights hard for our client’s right to full and fair compensation. We are not afraid to go the extra mile for our client’s well-being and future! Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, and never pay attorney fees unless we win your case.

Can I Settle My Own Personal Injury Claim?

Posted on September 16, 2015 by admin

Indianapolis Accident Lawyers 317-881-2700

Truthfully, more than 90% of personal injury claims never become a lawsuit because they are settled out of court. Negotiating a settlement out of court makes the legal process simpler and more efficient, and it costs much less than having a trial. For less complicated cases, it is the least-risky alternative for all parties involved. In order to make the process even less risky, it is strongly advised to seek out professional legal counsel. Personal injury lawyers retain the proper knowledge, resources, and experience to accurately manage an accident claim and negotiate a full and fair settlement.

Although it is strongly encouraged to hire an attorney, an injured victim could choose to represent themselves and attempt to settle their claim all on their own, but this is not recommended. Continue reading to learn why settling a personal injury claim without a licensed attorney can be detrimental to a victim’s case.

Personal Injury Settlements

If you are thinking about settling your personal injury claim yourself, there are a few things you should know. First, consider settling out of court for the aforementioned reasons. It will cost you much less if you can avoid a trial. You will then need to calculate all your damages, including economic losses, special damages, general damages, and past and future losses. And be sure to have proof of these numbers. Then you will need to adjust this value by mitigating certain damages and adding in certain factors of your case, including liability, the number of defendants, your age, your occupation, your medical history, and more. Then you can make your claim by writing a settlement demand letter to the insurance company (yours or theirs).

Keep in mind that you are not likely to have as good an outcome, in terms of recompense, without the professional assistance of a licensed attorney. A lawyer has the negotiating skills and experience to render a fuller and fairer settlement. There are several tricks and traps insurance companies will use against claimants in order to absorb the least amount of liability and pay out the least amount of compensation possible. Attorneys that practice injury law are familiar with these methods and know how to navigate through them so their client’s get what they fully deserve.

Without professional legal counsel, you are an easy target. The law is confusing and there are several aspects to a personal injury claim process. Aside from all the filing and paperwork, you would have the burden of proving the other party’s liability. This requires a comprehensive understanding of accident law, injury law, and more. It would be near impossible to adequately prepare yourself for what you need to know to easily and effectively settle your own claim.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to learn about filing a personal injury claim in Indianapolis, IN today.

Examples of Nonfeasance in Terms of Tort Law

Posted on August 18, 2015 by admin

There are so many terms in regards to tort law that it can be confusing understanding what a simple sentence means in a legal or court document. Personal injury lawyers are the solution to comprehending confusing legal jargon and paperwork in the case that you are filing a claim against a negligent party. Some terms, like “negligence” and “liability” can be self-explanatory; but other terms, like “nonfeasance” can be quite the opposite. Continue reading to learn the meaning of the term nonfeasance, and examples of such cases.

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Intentional Failure to Act

Nonfeasance is a legal term used in tort law that describes an inaction, rather than an action. Nonfeasance is the act of intentionally neglecting to carry out a mandatory duty or obligation, and as a result of that neglect, someone is harmed or killed. Someone can be guilty of nonfeasance if and when a duty of care is owed to a person or group of people, a breach of that duty takes place, and that breach resulted in injury to that person or people.

Courts believe that people, even if they are not creating a dangerous situation, must still take proper action to prevent harm or danger to others. In most cases, this liability is for those with preexisting relationships only. For example, if an onlooker observes a stranger drowning, they cannot be held liable for harm or death to the stranger if they have no pre-existing relationship with them. On the other hand, if the onlooker and victim are not strangers to one another, there is a legal duty of care to help. In contrast, if the bystander is someone with a legal duty of care to help or protect, like teachers or lifeguards, then they CAN be held accountable for a victim’s drowning or injury if they neglect to take proper action to prevent harm.

Relationships that obligate a duty to act in terms of nonfeasance include spouses, family members, school and students, babysitter and child, employer and employees, jails and jailers, medical establishments and patients, driver and passenger, parents and children, lifeguards, EMTs, firefighters, law enforcement, and much more. Courts have also found a “duty to act” in cases where a person provides help for someone injured or in danger, but that help leaves the victim in worse condition because their actions were unreasonable, also referred to as misfeasance (performing poorly). For example: a person sees a car accident and stops to help the victim. They pull the unconscious victim from the vehicle and carries them to the side of the road. All of these actions turn out to be more harmful because the victim had serious neck and spinal injuries that called for special maneuvering and transportation by trained EMTs. By moving the victim themselves and hesitating to call 911, they put the victim in further danger. This means they can be held liable for nonfeasance, or failing to take the proper actions to prevent harm to another.

If you believe you or someone you love has been a recent victim of similar negligence, contact a licensed personal injury lawyer to learn your rights.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a licensed personal injury attorney in Indianapolis. Accident attorney, Daniel Craven, is happy to answer your questions about personal injury claims, compensation, and more. We never collect lawyer fees unless we get money for you! Call 317-881-2700 for information about our personal injury practice areas and office locations in Indianapolis, IN today.

Negotiating a Final Settlement in a Personal Injury Case

Posted on July 28, 2015 by admin

Personal Injury Lawyers Indiana 317-881-2700

Negotiating a final settlement in a personal injury case is a common occurrence. It is much like buying a used car from a dealership. The salesman wants to sell the car at the highest price possible, while the customer wants the best price possible. So the negotiations continue until both parties are satisfied. An insurance adjuster and personal injury victim both want to come out on top during the negotiation process.

Although the insurance adjuster knows roughly how much the insurance company will pay out to the injured victim, they will try their hardest to negotiate the smallest payout that the victim is willing to accept. The victim knows what their personal injury damages are worth, so their attorney tries their hardest to get the highest possible payout from the insurance company or opposing party.

There are a few predictable circumstances and steps to the negotiations process that injured victims should familiarize themselves with in order to be better prepared when the time comes to recover the full and fair compensation they deserve after an accident. Continue reading to learn some common approaches to negotiating a personal injury settlement.

Settlement Negotiations Between Both Parties

The victim’s lawyer will ask for the highest amount first in a written demand letter. The insurance adjuster or opposing party will likely contest that amount by refuting the degree of liability or finding something else wrong with the claim. They may state that certain treatments, surgeries, or therapy was not necessary, or use some other type of similar excuse.

Once this happens, the victim’s lawyer will respond by negating their allegations and then asking for a certain amount of compensation for a second time. This is the time that the insurance company will counter with an insulting, low-ball offer to see if they can get lucky in the case that the victim is simply in a hurry to get a settlement check.

This is when the victim’s legal team responds by vaguely acknowledging the insurance adjusters interferences, and lowering the initial compensation request, but only slightly. At this time, an insurance adjuster is more willing to raise their low-ball offer, and most often do.

With a higher offer, the victim and their lawyer have the option to either accept the offer or to counter once again with the same compensation request, or one that is slightly lower once again.

This process continues like this until both parties come to an agreement on full and fair compensation for a victim’s damages. If an agreement cannot be made, then the case will go to court and a judge will decide the appropriate compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience in litigation and personal injury law, and are eager to represent your case. We offer free initial consultations and never collect lawyer fees unless we win your settlement. If you or someone you love has been recently injured as a result of another’s negligence, contact one of our seasoned Indianapolis personal injury lawyers for information regarding your rights following a serious accident.

Errors that May Waive a Counsel’s Right to Argue for Mistrial

Posted on July 14, 2015 by admin

Indianapolis Accident Attorneys 317-881-2700

If counsel fails to ask the trial court to rebuke a juror during trial, has counsel, for purposes of an appeal, waived any claim of error for a mistrial? The Indiana Court of Appeals says, yes. Recently, in Upham v. Morgan County Hosp., 986 N.E.2d 834 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that the attorney’s failure to ask the trial judge for an admonishment of the jury pool waived the counsel’s right to argue for a mistrial later.

In order to be entitled for a mistrial, the defendant must be able to establish that the questionable conduct that occurred was so prejudicial and inflammatory that it placed the defendant in a “position of grave peril”. Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001), citing Gill v. State, 730 N.E.2d 709, 712 (Ind.2000).

For Example…

In Upham, the wife of a deceased patient brought a wrongful death action against a hospital and their physicians, for their failure to diagnosis her husband’s ruptured abdominal aortic aneurism. The medical review board ruled that the evidence supported a conclusion that the hospital met the applicable standard of care and a jury found for the hospital. On appeal the estate argued that the trial court should have ruled a mistrial after a prospective juror, a retired attorney for Eli Lily opined that malpractice suits were “the goose that laid the golden egg for trial attorneys and specifically plaintiff attorneys.” The plaintiff’s attorney further asked the prospective juror if he believed she was “taking this case just because she wanted an attorney’s figure” and didn’t believe in justice. While the prospective juror replied that he recognized counsel would receive one-third of any judgment, counsel did not ask the trial court to admonish the prospective juror regarding such prejudicial statements.

A trial court has discretion to grant or deny a challenge for cause, and such decision is appealable, as long as it is not illogical or arbitrary. Woolston v. State, 453 N.E.2d 965 (Ind.1983). If a juror serves and should have been removed for cause, the complaining party is entitled to a new trial, absent waiver. Haak v. State, 417 N.E.2d 321, 324 (Ind. 1981). Accordingly, on appeal, in order for a challenging party to prove that an erroneous denial of a challenge occurred and is entitled to a new trial without waiver, the party needs to show that they were unable to strike another objectionable juror because the party had exhausted their remaining peremptory strike.

Therefore, in Upham, The Indiana Court of Appeals held that counsel’s failure to ask the trial court to admonish the jury pool waived counsel’s right for a mistrial. Upon denying the counsel’s motion, the Court of Appeals said that Upham’s counsel invited much of the juror’s prejudicial statements.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional legal assistance in filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in accident law. They are happy to answer your questions about compensation, lost wages, medical bills, legal rights, and more, following a recent serious injury. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your consultation with a licensed personal injury lawyer in Indianapolis, today.