The In’s and Out’s of Personal Injury Claims in Indiana

Posted on August 13, 2024 by admin

Every year, numerous Indiana residents face the daunting process of filing personal injury claims. Whether it’s a car accident, medical malpractice, trucking accident or a slip and fall, these incidents can lead to significant physical, emotional, and financial strain. Understanding how to pursue compensation effectively is crucial. In this comprehensive guide, we’ll explore the ins and outs of personal injury claims within Indiana, offering insights, practical advice, and examples that resonate with victims seeking justice.

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Understanding Personal Injury Claims

Personal injury claims can feel overwhelming, especially when you’re already dealing with the aftermath of an accident. In basic terms, a personal injury claim is a legal issue that occurs when an individual is injured because of someone else’s negligence. The injured party, or plaintiff, seeks compensation from the at-fault party, almost always through their insurance company.

In Indiana, as in many states, the goal of a personal injury claim is to make the injured party “whole” again by compensating for medical expenses, lost wages, and other damages as well as full and fair compensation for emotional damages and pain and suffering. This process can be complex, requiring a thorough understanding of both legal principles and insurance practices. Knowing what to expect can help set the stage for a successful outcome.

Many personal injury claims are eventually resolved through settlements, where both parties agree on compensation without going to court. However, each case is unique, and having a grasp of the basics is essential for navigating this challenging territory.

Indiana’s Legal Framework for Personal Injury Claims

Indiana has specific laws governing personal injury claims, which directly impact how these cases unfold. Two critical elements to understand are the statute of limitations and comparative fault laws. The statute of limitations sets a time limit on how long you have to file a claim. In Indiana, this period is generally two years from the date of the incident, excluding claims against governmental entities. Failing to file within this window can result in losing your right to seek compensation.

Comparative fault laws in Indiana also play a significant role in personal injury cases. Indiana follows a modified comparative fault system, meaning that if you’re partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you’re found to be more than 50% at fault, you may be barred from receiving any compensation.

Understanding these legal nuances is crucial for anyone pursuing a personal injury claim in Indiana. Consulting with a knowledgeable personal injury lawyer can help clarify how these laws apply to your case.

Steps to Take Immediately After an Accident

Taking the right steps immediately following an accident is vital to documenting a strong personal injury claim. First and foremost, ensure your safety and the safety of others. If medical attention is needed, seek it immediately. Not only is this crucial for your health, but medical records also serve as critical evidence in your case.

Gathering evidence is another essential step. Capture photos or videos of the accident scene, injuries, and any property damage. Collect contact information from witnesses, as their statements can support your version of events. If the police are involved, request a copy of the accident report for your records. You attorney will help with evidence gathering.

Finally, hire an attorney as soon as possible. Evidence can disappear and it is vital to obtain it. In addition, the defendant’s insurance company have attorneys on staff to represent their rights and you should have your own attorney representing your rights as well.

The Role of Insurance Companies

Insurance companies play a pivotal role in personal injury claims. It is the defendant’s insurance company and not the defendant themselves who decides if the case settles or not. Their primary goal is to minimize payouts to maximize their profits, so understanding how they operate is key to securing full and fair compensation. When you file a claim, the insurance adjuster will investigate the incident, assess damages, and determine liability from the defendant’s perspective.

It’s important to approach interactions with a defendant’s insurance company or even your own insurance company cautiously. Providing too much information or making statements that could be misconstrued may jeopardize your claim. Hire your attorney first and consult with a personal injury lawyer before communicating with any insurance company.

Remember, the initial settlement offer from the insurance company is often lower than what you deserve. Negotiating with the help of an experienced attorney will significantly improve your chances of receiving a fair settlement.

Common Types of Personal Injury Cases in Indiana

Personal injury cases in Indiana vary widely, but some types are more common than others. Car accidents are a leading cause of personal injury claims, often resulting from distracted driving, speeding, or impaired driving. Slip and fall accidents also frequently occur, particularly in premises where property owners fail to maintain safe conditions.

Medical malpractice is another prevalent type of personal injury case, involving negligence by healthcare providers that leads to patient harm. Additionally, workplace accidents often result in personal injury claims, particularly in industries with higher risks, such as construction or manufacturing.

Understanding the specific nature of your personal injury case can help tailor your approach and maximize your chances of success. Each type of case has unique considerations and legal precedents that may influence the outcome.

Choosing the Right Attorney for Your Case

Selecting the right personal injury lawyer is a crucial step in pursuing your claim. A qualified attorney can provide invaluable guidance, helping you understand the intricacies of Indiana law and advocating for your best interests. When choosing an attorney, look for someone with experience handling cases similar to yours and a track record of successful settlements or verdicts.

It’s also essential to find a lawyer who communicates effectively and makes you feel comfortable throughout the process. Personal injury cases can sometimes be lengthy and complex, so having a trusted ally by your side can make a significant difference.

Don’t hesitate to ask potential attorneys about their experience, approach, and fees during your initial consultation. This conversation can help you make an informed decision and ensure you have the right representation for your case.

Timeline and Potential Outcomes of a Claim in Indiana

The timeline for resolving a personal injury claim in Indiana can vary significantly based on the complexity of the case, the willingness of parties to settle, and court availability. Typically, a straightforward claim may settle within a few months, while more complicated cases could take a year or longer to resolve. It is important to remember that no settlement should occur until you have fully recovered from your injuries or until a doctor has advised you that no further treatments will help you in recovering to 100% back to where you were before your injury. If you are permanently injured due to the negligence of another, you are entitled under the law to recover for that.

There are several potential outcomes for a personal injury claim, including settlement, trial, or dismissal. Most cases end in settlement, where both parties agree on compensation without the need for a court trial. Trials are less common, as they involve more time, expense, and unpredictability for both sides. However, if a full and fair settlement cannot be reached, going to trial may be necessary to secure rightful compensation.

Understanding the potential timeline and outcomes can help set expectations and guide your decision-making throughout the personal injury claims process.

Conclusion

Navigating personal injury claims in Indiana requires a solid understanding of legal principles, strategic planning, and expert guidance. By familiarizing yourself with the process and working closely with a knowledgeable personal injury lawyer, you can substantially increase your chances of securing the compensation you deserve.

Remember, taking immediate action after an accident and understanding the intricacies of Indiana law are crucial steps in documenting a successful case. If you’ve been injured, do not hesitate to seek legal advice and explore your options for pursuing a personal injury claim. Doing so can help alleviate the burdens you’re facing and provide the support needed to move forward.

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.

When are Punitive Damages Awarded in Personal Injury Lawsuits?

Posted on January 9, 2024 by admin

In the realm of personal injury cases, one term you may come across is “punitive damages.” This type of compensation is not just about reimbursing a victim for losses incurred due to an accident or injury. Rather, punitive damages serve a dual role – to punish the wrongdoer for their reckless or negligent behavior and to deter such conduct in the future.

Personal injuries can have a profound impact, causing serious and sometimes permanent damage or even wrongful deaths, affecting not just the victims but their loved ones as well. In this blog post, we discuss when punitive damages are awarded in personal injury lawsuits, giving you a better understanding of this area of law.

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Personal Injury Cases

Personal injury cases are legal disputes that arise when one person suffers harm or injury from an accident or incident caused by another person’s negligence, recklessness, or intentional actions or in-actions. Such injuries may occur in various scenarios, such as car accidents, slip-and-falls, medical malpractice, defective products, wrongful deaths, and more. In these cases, the victim may seek compensation for their losses, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. In the case of a wrongful death, the immediate family can seek a civil cause of action against the negligent party.

It is important to remember that each state has its own specific laws and regulations concerning these types of cases. In Indiana, the state requires that any negligence or carelessness leading to a personal injury be proven for a successful claim to be prosecuted and damages awarded. Additionally, there is a two-year statute of limitations applicable in all personal injury cases relating to negligence in Indiana, excluding governmental entities which require a tort claims notice to be filed in as little as 6 months. This means that all claims must be filed within two years, and sometimes 6 months, from the date of the incident in order to be considered by the court. There are also other rules which apply to filing deadlines so it is best to consult with an attorney right away.

Understanding Punitive Damages

Punitive damages are additional monetary compensation awarded by a court or jury to a victim of a personal injury that arose out of gross negligence. Unlike compensatory damages that aim to make the victim whole again after an accident or injury, punitive damages have a different purpose. Their primary goal is to punish the defendant for their actions and to serve as a warning or deterrent against similar behavior in the future to others.

Punitive damages are not awarded in every personal injury case. Rather, they are only available when the defendant’s actions were particularly egregious, malicious, fraudulent, or willful. In such cases, the court may deem that compensatory damages are not enough to adequately punish and deter the defendant’s conduct. In some cases, punitive damages can also lead to criminal penalties.

Examples of Punitive Damages

To better understand when punitive damages may be awarded in personal injury lawsuits, let’s look at a few examples:

A drunk driver causes an accident resulting in severe injuries to the victim. The court may award punitive damages to deter the defendant from drinking and driving in the future and to deter others as well.

A company knowingly sells a defective product, causing harm to the consumer. In this scenario, punitive damages may be awarded to punish the company for its reckless behavior and prevent it from putting other consumers at risk.

A doctor commits medical malpractice by intentionally performing unnecessary procedures on patients for financial gain. In such cases, the court may award punitive damages to punish the doctor and deter them from repeating their actions.

In cases of employment discrimination, punitive damages may be awarded if an employer is found guilty of discriminatory practices such as harassment, retaliation, or wrongful termination. These damages are meant to punish the employer and deter them from engaging in similar behavior in the future. They may also serve as compensation for any emotional distress or financial losses caused by the discrimination.

Conclusion

Punitive damages serve an essential role in the realm of personal injury law. They aim to hold wrongdoers accountable for their actions and prevent them from causing harm in the future, as well as to deter others. If you or a loved one has suffered a personal injury due to another person’s negligence or recklessness, it is essential to consult with an experienced personal injury lawyer to understand your rights and ensure you receive the compensation you deserve. So, when seeking legal action for a personal injury case, keep in mind the possibility of punitive damages being awarded and their purpose in deterring harmful behavior.

Are you looking for a compassionate civil litigator who will fight for your rights to financial justice after a serious accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation, today. We represent injured victims all across the state, including Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

How to Navigate the Aftermath of a Personal Injury in Indiana

Posted on November 27, 2023 by admin

Personal injury incidents, whether they occur in a car accident, at work, due to the negligence of a physician or due to a faulty product, can leave you grappling with physical pain, emotional distress, and financial strain. Maneuvering through the legal process in such a situation can be a daunting task, especially when you are trying to recover.

This blog post aims to guide you on how to navigate the aftermath of a personal injury in Indiana. We will discuss the role of a personal injury attorney, provide insight into the personal injury settlement process, and analyze how to best assess your damages and losses. We hope this guide can serve as a roadmap to help you find your way through this challenging time.

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The Role of a Personal Injury Attorney

Navigating the legal system can be complicated, and this is especially true in personal injury cases. A personal injury attorney can be your biggest ally during this time. They are trained professionals who specialize in handling legal matters related to personal injuries and have extensive knowledge of the laws and regulations in Indiana. Hiring a personal injury lawyer can help you understand your legal rights, negotiate with insurance companies on your behalf, and ensure that you get the compensation you deserve. Furthermore, they can handle all the complicated paperwork and represent you in court if necessary, allowing you to focus on your recovery.

The Personal Injury Settlement Process

The personal injury settlement process is when parties involved in such an incident agree to resolve the case without going to trial. It involves negotiating a settlement amount that covers your damages and losses, including medical bills, lost wages, and pain and suffering. This process can be complex and requires careful consideration of various factors such as the severity of injuries, long-term impact on your life, and potential future expenses. Having an accident attorney by your side is essential to facilitate this process as they have experience in negotiating settlements and fighting for their clients’ best interests.

Assessing Damages and Losses

One of the most crucial aspects of navigating the aftermath of a serious injury is accurately assessing your damages and losses. These can include economic damages, such as medical bills and lost wages, as well as non-economic damages like pain and suffering and emotional distress. It’s essential to document all your expenses and keep track of any physical or emotional changes you experience as a result of the injury. Your accident lawyer can assist in this process by gathering evidence, consulting with medical professionals, and calculating the full extent of your damages to ensure that you receive fair compensation.

Mistakes to Avoid During Your Personal Injury Case

When you are a personal injury claimant, there is a lot at stake when it comes to your personal injury case. One of the most important things to keep in mind is to avoid making any mistakes that could negatively impact your case. This includes avoiding making statements or posting photos on social media that could be misinterpreted and used against you in court. Additionally, it’s important to keep all documentation related to your accident claim in a safe place and to avoid discussing your case with anyone other than your lawyer. Remember, one mistake can significantly affect the outcome of your case, so it’s important to be vigilant and cautious throughout the entire process.

Conclusion

Suffering from a personal injury can be overwhelming, but having the right information and support can make a significant difference. Remember to seek medical attention, gather evidence, and consult with an injury attorney as soon as possible after an incident occurs. They can guide you through the legal process, negotiate on your behalf, and help you get the compensation you deserve. By following these tips, you can navigate the aftermath of a serious accident in Indiana with confidence and focus on your recovery.

If you or a loved one have experienced a personal injury, don’t hesitate to seek the necessary help and support. Contact 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 provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

10 Reasons Why You Need a Car Accident Injury Lawyer

Posted on September 29, 2023 by admin

Accidents are an unfortunate, yet common occurrence on our roadways today. When the dust settles, car accident victims are often left grappling with injuries, damage, and a barrage of questions. One such question is, “Do I need a car accident injury lawyer?” While it might seem tempting to settle the matter yourself, dealing with insurance companies and legal procedures can be a daunting task and you can lose your claim simply by not knowing the rules and laws or by not knowing what information and evidence is necessary to be obtained and preserved.

In this blog post, we will navigate through ten solid reasons why hiring a car accident attorney to handle your personal injury claim can be a game-changer in your path to recovery and obtaining a fair auto accident settlement. As we delve into these reasons, remember that legal expertise can be a powerful tool for ensuring your rights are protected.

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Top 10 Reasons Why Hiring a Car Accident Lawyer is the Best Decision

Knowledge of Complex Auto Accident Laws

Motor vehicle accident laws are complex, and constantly evolving with the state of technology. When an accident happens, you will want someone who is up to speed on these laws and can help ensure that you receive a fair settlement. A seasoned car accident attorney in your state has the knowledge necessary to navigate through these laws and document a strong case for your claim.

Negotiating a Fair Settlement

Insurance companies have various ways of minimizing their potential losses, which often include offering low-ball settlements. A motor vehicle accident lawyer can help you negotiate a fair settlement that covers the costs associated with your treatments, lost wages and pain and suffering and emotional damages.

Represent You in Court

If your case goes to trial, you will need a legal representative to argue your case. An auto accident attorney can represent you in court and formulate an effective strategy to help prove your claims.

Identifying the Liable Party

An important part of your injury claim is identifying the party responsible for the accident and their insurance carrier. A car accident lawyer is trained in uncovering evidence that can help establish fault and identify the liable party.

Assessing Your Damages

It is often difficult to determine the full extent of your damages, especially when dealing with hidden costs such as pain and suffering or lost wages due to time away from work. A car accident attorney can assess your damages and negotiate a full and fair settlement that covers all necessary expenses and damages associated with your claim.

Preparing Legal Documents

Filing all the necessary paperwork can be a headache and getting it wrong can lead to delays or even loss of your case. An experienced Indianapolis car accident lawyer is skilled in preparing legal documents that will ensure your claim is handled quickly and efficiently.

Avoiding Common Pitfalls

It is easy to make mistakes when dealing with legal procedures, and mistakes can lead to your case being dismissed. An auto accident injury lawyer will help you avoid common pitfalls and maximize the chances of success in your claim.

Maximizing Your Claim

Car accident lawyers are experts in helping victims obtain maximum compensation for their injury claims. Obtaining a fair settlement is an important step towards financial stability during recovery, especially when you have been out of work due to your injury.

Experience with Insurance Companies

Insurance companies use a range of techniques to minimize their payouts on claims, including trying to prove that the victim is partially or wholly at fault. They will even call you, yes you, a liar and claim you are exaggerating your complaints. Think about it. Do you think the defendant’s insurance carrier, who is responsible for paying your damages, is going to say that they agree that their insured caused all your damages and that you should get quite a bit of money for full and fair compensation? An auto accident attorney has experience dealing with insurance companies and can protect your rights while negotiating with them to get the best possible outcome.

No Upfront Charges

Most car accident lawyers work on a contingency fee basis, which means you do not have to pay anything upfront for their services. This allows you to focus on your recovery and get the help you need without worrying about legal fees.

In Summary

Hiring a qualified car accident attorney is a critical step towards obtaining a full and fair auto accident settlement. By having an expert on your side, you can rest assured that your legal rights are being protected while you can focus on healing and recovering. An auto accident lawyer will help ensure that the process of settling your injury claim is smooth and less stressful, giving you the best chance of success in getting fair compensation for your damages.

If you’re in need of a seasoned personal injury auto accident attorney, contact Craven, Hoover, and Blazek P.C. at 317-881-2700 today! Our Indianapolis car accident lawyers provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

The Benefits of Hiring an Experienced Personal Injury Lawyer

Posted on May 23, 2023 by admin

Have you been injured in an accident? If so, you may be entitled to compensation for the damages that you have incurred as a result. But without the help of a knowledgeable and experienced personal injury lawyer, it can be difficult to navigate the legal process and secure maximum compensation for your claim.

Continue below to learn exactly why hiring a personal injury attorney to represent you is the most effective strategy for obtaining the best possible outcome in your accident case, plus tips on how to get started with a free consultation and protect your rights during the legal process.

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Why Hire a Personal Injury Lawyer?

Working with a qualified personal injury attorney can provide many benefits, including access to resources not available to most individuals who attempt to file claims on their own. An experienced accident lawyer will understand how insurance companies work and what strategies are needed to successfully pursue a claim. They also know how much compensation is full and fair for each type of case, as well as what evidence needs to be presented in order for victims to get justice.

But that’s just the start. They also understand all applicable laws related to personal injury cases, which can make or break your case depending on whether they’re applied correctly or not. With such extensive knowledge and experience at hand, hiring an experienced personal injury lawyer could mean the difference between winning or losing your case – as well as receiving full financial restitution or nothing at all!

How to Get a Free Consultation to Learn Your Rights

One great way to get started on your claim is by taking advantage of a free consultation with a personal injury law office. Many civil litigators who practice tort law offer free case evaluations to help accident victims and clients understand their legal options and determine if they indeed have a case.

During the consultation, the attorney will review the details of your accident and injury, provide an honest assessment of your case, and offer advice on how to proceed. This is a great opportunity to get informed and empowered about your legal rights and options. You should always speak to a personal injury lawyer as soon as possible after your injury so don’t hesitate to schedule a free case evaluation today!

Statute of Limitations for Personal Injury Cases

It is vital that you act fast after suffering injuries and damages as a result of another’s negligence or fault. Most states, including Indiana, put a time limit on how long you can make a claim. This limit is known as the Statute of Limitations. The time frame varies from case to case, but typically ranges from one to six years. It’s important to be aware of the Statute of Limitations for personal injury cases because if you wait too long, you may lose your right to seek compensation. In Indiana, claims against certain governmental entities have an even shorter claims period.

For example, if you were injured in a car accident and didn’t file a claim within the permitted time frame (2 years for Indiana in most cases), you most likely will not be able to recover damages for your medical bills, lost wages, or pain and suffering. Therefore, it’s crucial to act promptly and seek legal advice from a trusted attorney if you’ve been injured in an accident.

Social Media Mistakes to Avoid as a Personal Injury Client

Personal injury clients should take caution when using social media. Posting information, even seemingly mundane or innocent posts, can lead to convoluted court proceedings and costly legal battles down the line. It therefore pays to be very careful about what information you put into the public space while your injury case is still in process – regardless of how insignificant it might seem at first. Pictures, comments, likes, ratings, and more can all end up being examined as part of reaching a trial decision on negligence or malicious intent or damages. By avoiding social media altogether during personal injury cases, you can reduce any chance of unintentionally tipping the scales against you and receiving a lower value settlement. In the end, some defense attorneys are very good at arguing a post or photo means something it does not so it is best to just avoid posting anything.

For example, say a person posts a photo of them at a theme park with their grandchild and they are smiling in the photo. A defense attorney will say “see, they look fine”. Then the plaintiff/grandparent would have to explain to the jury that nobody took a photo of them 3 hours later after trying to keep up with the grandchild, which would have not have shown them smiling because walking around the theme park was causing their back pain from an auto collision to act up and that walking around a theme park for 3 hours never caused them back pain before. In addition, they would not have to explain that most people smile for photos, even if they are hurting at the time.

Are you ready to work with a seasoned litigator and win the settlement you deserve as an accident victim? 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 and Indiana residents injured in other states. No need to travel for meetings – we can hold consultations over the phone, at your home, online, or at the hospital if needed.

What You Need to Know About Personal Injury Attorney Fees

Posted on May 5, 2023 by admin

Personal injury attorneys provide essential legal services to those who have been injured due to the negligence of another party. They help victims seek full and fair compensation for their losses and suffering, often in the form of a settlement or jury verdict. But with any legal service comes fees, and personal injury lawyers are no different. In this blog post, we will discuss what you need to know about personal injury attorney fees so that you can make an informed decision when hiring representation for your civil claim. We will cover topics such as contingency fees, how much a lawyer might charge for an initial consultation, and more.

So, if you’re considering filing a personal injury claim but don’t know where to start when it comes to finding an attorney and understanding their fee structure, then keep reading!

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Types of Fees You Might Owe to Your Personal Injury Attorney

Contingency Fees

One of the most common payment structures used by personal injury law firms is a contingency fee arrangement. This means that the firm will only collect payment if they successfully win your case and obtain monetary compensation for you. Depending on the firm, this percentage could range anywhere from 33.33 to 40 percent of the total money recovered in your claim. It’s important to remember that not all accident law firms work on a contingency fee basis, so it’s always best to check with them beforehand or during your consultation. For example, our law firm charges 33.33% for attorney fees if the case is settled and 40% if the case goes to trial. The increase in fees is due to the increase in work in actually trying the case. Some attorneys charge 40% for settlement and 50% for trial but we do not.

Case Evaluations

Another factor that can affect personal injury law firm fees is how much they charge for an initial consultation. Many accident attorneys provide first-time consultations for free, while others may charge a flat fee or hourly rate. Regardless of what you decide to do, make sure you have a thorough understanding of the attorney’s fee structure before committing to anything binding. Our law firm offers a free initial consultation.

Fees Associated with Filing a Lawsuit

Finally, personal injury lawyers might also bill you for certain expenses related to your case. These expenses could include filing fees, deposition fees, charges for expert witnesses or investigatory teams, copies of records or reports, legal research fees, basic office expenses, and other costs. If there are additional costs throughout the legal process, it is important to make sure that you understand how and why your personal injury attorney has been authorized to cover them. Knowing upfront what outlying costs might be associated with your case is key to getting started on the right path toward financial justice. Our law firm normally pays for these expenses up front so our client does not have to come up with the money initially and then we reimburse ourselves out of the settlement or verdict amount. If we do not obtain a recovery we do not recover for the expenses.

There is No Need to Worry About Fees When You Hire the Right Injury Lawyers

Overall, understanding personal injury lawyer fees is an essential part of making an informed decision when hiring legal representation for a tort claim or lawsuit. With so many accident law firms out there competing for business, it is important to choose the right litigators. Doing your research and knowing what fees you should expect can help you make the best decision for your case.

Get Started on Your Case Without Any Upfront Fees!

Here at the Law Office of Craven, Hoover, and Blazek P.C., we understand that finances can often present a stressful obstacle when it comes to pursuing a legal claim, especially when someone may be off work due to their injuries and having little income coming in. That’s why we operate on a contingency fee basis; that means you’ll never owe us anything unless we achieve a settlement for you. Moreover, if you’d like to discuss the circumstances of your case with seasoned personal injury attorneys, but without any financial responsibility, then worry not – our consultations are offered completely free of charge. We can assist in evaluating the validity of your claim and guide you through the legal process, providing support from beginning to end.

So, if you’re in need of legal representation and would like to discuss what way forward is best for you, get in touch today and let us know how we can help. Contact us to speak with a qualified Indianapolis personal injury attorney about your case. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana.

Understanding Legal Causation in Personal Injury Cases

Posted on May 2, 2023 by admin

When someone is injured due to the negligence of another, they may be eligible for compensation through a personal injury claim. However, to receive such compensation, the plaintiff must prove that their injuries were caused by the defendant’s actions. This concept is known as legal causation, and it can be difficult to understand. In this blog post, we will explain what legal causation is and how it applies to personal injury cases.

We will start by looking at “cause-in-fact” — also known as “but-for” causation — which establishes that without the defendant’s action or inaction, the harm would not have occurred. We will then move on to proximate cause, which looks at whether a reasonable person should have foreseen that an act could lead to harm even if it was not directly responsible for causing the specific harm suffered by the plaintiff. Finally, we will discuss how courts determine legal causation in personal injury cases based on these two concepts and other relevant factors. Continue below to get started.

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Establishing Legal Causation

When people think of cause and effect, they may think of cause-in-fact. In a personal injury case, this means that the defendant’s act or omission must have been the “but-for” cause of the plaintiff’s harm — without it, the harm would not have occurred. This is an essential requirement for establishing causation in most jurisdictions. For example, if someone was injured due to being hit by a car that had no brakes, then the driver who failed to maintain their brakes can be held liable because their failure was necessary for the accident to occur as it did.

Proximate Cause

However, sometimes there are multiple causes for an injury, complicating matters and making cause-in-fact difficult to prove. That’s where the concept of proximate cause comes in. This is an examination of whether a reasonable person should have foreseen that an act could lead to harm, even if it was not directly responsible for causing the specific harm suffered by the plaintiff. Courts tend to look at a variety of factors when making this determination, such as how foreseeable the harm was and whether there were any intervening events or forces that contributed to the injury. In Indiana, so long as the plaintiff was not more than 50% at fault, the plaintiff can recover for damages. For example, if a jury finds the defendant 60% at fault and the plaintiff 40% at fault, the plaintiff will recover 60% of the total damages awarded.

When it comes to legal causation in personal injury cases, courts and juries must weigh all relevant evidence and ultimately decide whether the defendant’s actions more likely than not resulted in the harm suffered by the plaintiff. A strong understanding of both cause-in-fact and proximate cause, plus their application to personal injury cases, is essential for claimants who need to prove legal causation. If the injured victim can establish the necessary elements of legal causation, then they may be entitled to compensation for their injuries.

Conclusion

Understanding legal causation can be a complex process, but it’s an essential part of personal injury law. By looking at all relevant evidence and applying the concepts of cause in fact and proximate cause, courts can determine whether a defendant’s actions or inactions more likely than not caused the plaintiff’s harm. This knowledge can go a long way towards helping someone successfully pursue a personal injury claim.

How to Move Forward if You Think You Have a Personal Injury Case

If you believe that you have experienced an injury due to someone else’s negligence or reckless or intentional behavior, it’s important to address it as soon as possible. First, seek medical attention to ensure that your health is taken care of. Then, gather and keep any documentation related to the incident, including incident reports, photographs, videos, witness statements, and medical records. Next, consult with an Indianapolis personal injury lawyer to evaluate the strength of your case and determine what legal actions may be necessary. It is best to hire an attorney right away so important information can be obtained and stored. Don’t be afraid to ask questions and advocate for yourself throughout the process. Remember, you have the right to pursue compensation for any damages or losses you have suffered as a result of your injury.

Are you ready to learn your eligibility for pursuing legal action against a negligent party and indirectly their insurance carrier that caused you or a loved one serious injuries? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned personal injury attorney in Indianapolis. We represent victims all throughout the state of Indiana, including Indiana residents injured in other states.

How Can an Attorney Help with My Car Accident Injury Claim?

Posted on March 30, 2023 by admin

When you are involved in a car accident, it can be a traumatic experience that leaves you feeling overwhelmed and uncertain of what to do next. Even if the other driver is clearly at fault, navigating the legal system to get fair compensation for your injuries and property damage can seem like an impossible task. That’s why having a qualified car accident lawyer on your side is so important.

An experienced attorney can guide you through the process, helping ensure that all paperwork is filed properly and that all deadlines are met. With their help, you have a much better chance of receiving full and fair compensation for any damages or losses resulting from the accident. In this blog post, we will discuss how an attorney can help with your car accident injury claim and provide tips on finding the right lawyer for your needs.

Call 317-881-2700 to Speak With a Car Accident Attorney in Indianapolis.

Why Hire a Car Accident Lawyer to Represent You?

After the accident, your car accident attorney can help by assisting in the gathering of evidence and preserving important documents. The law requires that all drivers involved in an accident exchange contact and insurance information, as well as report the incident to their respective insurance companies. Your lawyer can provide assistance with making sure that these steps are taken properly and on time. Additionally, they will review any legal documents relating to the accident, such as police reports or witness statements. All of this is necessary for filing a successful claim against other parties involved in the crash.

Your car accident lawyer will also assess the extent of your injuries and medical bills resulting from the incident. They will work closely with you to determine if you have a valid claim for damages based upon the other driver’s negligence. The amount of compensation you will receive depends on a variety of factors, such as the severity of your injuries, lost wages due to time spent away from work, any property damage incurred, and much more. An experienced car accident attorney can help ensure that you get the full amount of money you are entitled to.

Finally, your auto accident attorney can represent you during negotiations with insurance companies or in court should your case go to trial. They will fight for your rights and make sure that all legal proceedings are handled properly and efficiently so that you receive fair and full compensation for the losses suffered because of the car accident.

Choose an Experienced Car Accident Attorney

If you have been injured in a car accident, it is important to find a qualified civil lawyer who has experience in handling auto accident claims in your state. A seasoned auto accident lawyer can help you navigate the legal system and ensure that you receive full compensation for all your damages and losses resulting from the accident.

Contact Craven, Hoover & Blazek, P.C.

Need assistance with a car accident injury claim? Contact our Indianapolis personal injury law firm to speak with a qualified auto accident attorney about your case. Our team of experienced lawyers is dedicated to providing clients with personalized legal services and achieving positive outcomes on their behalf. We will work diligently to ensure that all relevant documents are filed properly, deadlines are met, and that you receive fair compensation for any damages or losses incurred due to the car accident. Call us at 317-881-2700 or fill out an online form to schedule a free consultation!

The Most FAQS For Personal Injury Lawyers

Posted on January 6, 2023 by admin

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.

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.

Should I Accept a Structured Settlement?

Posted on December 19, 2022 by admin

When you are injured, the last thing you want to worry about is money. You need to focus on healing and getting back to your life. That is why some people choose to accept a structured settlement following an injury. A structured settlement is a series of payments that are made over time, usually as a result of a lawsuit. They can be an advantageous way to receive compensation, but there are also some disadvantages to consider before accepting one.

Continue reading to review some of the most referenced pros and cons of structured settlements in personal injury cases.

Call 317-881-2700 For Structured Settlement Legal Advice in Indianapolis IN.

The Facts Surrounding Structured Settlements

Structured settlements are an option for people who have won lawsuits or received large sums of settlement money as a result of personal injury claims. A structured settlement is a financial arrangement in which the recipient receives payments over time, rather than in one lump sum. There are advantages to this type of arrangement, including the ability to receive larger total payments and the elimination of the need to invest or manage a large sum of money all at once. However, there are also some potential disadvantages to consider before agreeing to a structured settlement.

Personal Injury Structured Settlements: Advantages vs. Disadvantages

One of the biggest advantages of a structured settlement is that it can potentially provide greater financial security than a lump sum payment. This is because the payments are spread out over time, which can make it easier to budget and manage your finances. Additionally, the payments are often tax-free, which can further increase your overall financial security. However, one of the potential disadvantages of a structured settlement is that you may not have access to all of the money immediately. This can be particularly problematic if you have large medical bills or other expenses that need to be paid right away.

Another potential disadvantage of a structured settlement is that the terms of the agreement may be inflexible. For example, you may be required to receive payments over a certain period of time, and you may not be able to modify the agreement if your financial circumstances change. Additionally, if you pass away before the end of the structured settlement agreement, your beneficiaries may not receive the full amount of the money agreed to with the structured settlement.

Overall, structured settlements can be an option for many people, but it is important to weigh the pros and cons carefully before making a decision. If you have any questions about whether a structured settlement is right for you, be sure to speak with an experienced personal injury attorney at Craven, Hoover, and Blazek P.C. as soon as possible.

Where to Get Trusted Advice Regarding Structured Settlements in Indiana

Structured settlements can provide advantages and benefits to those who are injured or disabled due to an accident or medical malpractice. However, a structured settlement is not suitable for every situation, so it is important to seek the advice of an experienced Indianapolis personal injury attorney when considering such an agreement. The Law Office of Craven, Hoover, and Blazek P.C. is experienced in structured settlements and can provide you with the legal advice to determine if this option is right for you.

Are you ready to learn more about your rights to collect compensation for your recent accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. today at 317-881-2700 and schedule a free case evaluation with an accident lawyer in Indianapolis. Our extremely knowledgeable team is standing by to help you with your legal needs. We understand that making the decision to hire an attorney can be difficult and we are here to assist you in any way possible. From the far corners of Indiana to beyond, we tirelessly advocate for injured Hoosiers – no matter where they may be.