Tag Archives: personal injury

The 3 Elements of Proving a Defamation Lawsuits

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Whether you are a victim of libel or slander, there are three particular truths that must exist in order to be successful with a defamation lawsuit. Continue reading to learn what your legal team must be able to prove for you to win your case.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Defamation and Freedom of Speech

Defamation laws are in place to protect our reputations from false and injurious statements made by other people or entities. So, if a person or entity (such as business) is guilty of any type of defamation, whether slander, libel, or a combination of both, they can face serious legal consequences in civil court. Although one might argue our 1st Amendment rights, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,”  if there is clear and concise evidence that a statement damaged a another’s reputation, and therefore, caused them to suffer damages and losses, a court will likely side with the victim.

Difference Between Libelous and Slanderous Statements

According to the American Restatement of Torts, a statement can be considered defamatory if, “it tends so to harm the reputation of another as to lower them in the estimation of the community or to deter third persons from associating with him.” Slander is the spoken form of defamation, while libel is the written and published form of defamation.

For instance, defaming a person or business on a radio broadcast would be considered slander, while publishing a blog online with defamatory statements about a person or business would be considered libel. Read our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to learn more information about the differences between these two types of defamation.

Elements to Win a Defamation Case

As a victim of defamation, your hired legal team would hold the burden of proving that the defendant was guilty of libel or slander. In order to do so, your personal injury lawyers would need to demonstrate that 3 specific elements exist:

⚖ The defendant made an untrue and defamatory remark regarding the plaintiff.

⚖ The defendant made the remark to a 3rd party, knowing (or should have known) that the remark was false.

⚖ The publisher demonstrated negligence by publishing the defamatory remarks.

Keep in mind that in some cases, the plaintiff legal team must also prove certain special damages in addition to the elements listed above. It is important to retain experienced personal injury representation if you or your business have been significantly affected by defamatory statements made by another.

Speak to a Trusted Defamation Attorney in Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana personal injury lawyer about your recent defamation experience. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in insurance compensation law, and offer free initial consultations to discuss your case and determine the best strategies for your claim. We never collect lawyer fees unless we obtain a settlement or judgment for you. Get started today by calling 317-881-2700 and scheduling your free consultation.

Indianapolis Personal Injury Lawyers 317-881-2700
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Do I Have to Pay Taxes on My Personal Injury Settlement?

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Are you wondering whether or not your personal injury settlement is taxable? This is an important question to ask since sometimes the answer is yes. However, it is more common for recipients of personal injury settlements to not have to pay state or federal taxes on the amount they are awarded following the conclusion of a case. Continue reading to learn more, particularly as it relates to Indiana law.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

General Rule of Personal Injury Payouts

Personal injury settlements are awarded to compensate victims for their damages and losses. Because of this, the general rule of thumb applied to personal injury payouts and income tax is that recipients do not have to pay taxes on the compensation they recover in a case. Yet, as with all things in life, there are always exceptions to the rule. Sometimes, personal injury compensation is taxable.

Taxable Settlements

Regardless of whether compensation is recovered in or out of court, so long as the recipient’s settlement is awarded to compensate for physical illnesses and injuries, their gross income is excluded from being taxed under the federal income tax code. As for state tax codes, they simply follow suit with federal tax codes, which means a personal injury settlement is exempt from being taxed by the state as well. You can get detailed information about this at IRS.gov.

Non-Injurious Compensation

For those who are awarded personal injury compensation for punitive damages, recipients are not typically exempt from paying state or federal tax. Punitive damages, also known as exemplary damages, are not intended to compensate a victim for the loss of their quality of life. Instead, they are meant to punish the at-fault party, as well as, set a public example and deter the particular type of gross negligence involved in the accident. See our blog, “What are Punitive Damages in a Personal Injury Lawsuit?” to learn more about the types of damages awarded in a personal injury case.

Although recipients of compensation for punitive damages must pay taxes on their settlement, they are allowed to deduct attorney fees from this amount. For instance, if a personal injury victim is awarded $100,000 and their lawyer uses the 1/3 contingency fee payment arrangement, they could deduct  $33,333.33 from their settlement amount, leaving only $66,666.67 to be taxed.

✏ Compensation for Physical Injuries and Illness – NOT TAXABLE
✏ Compensation for Non-Physical Injuries –TAXABLE

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

Indianapolis Personal Injury Lawyers 317-881-2700
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Basics of Indiana Personal Injury Laws

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

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

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

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

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

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

Personal Injury, Defined

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

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

Statute of Limitations

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

Additional Time Limits

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

Comparative Fault Rule

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

Car Accident Claims

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

How to Get Started on a Personal Injury Claim

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

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Examples of Nonfeasance in Terms of Tort Law

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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.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

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

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.

Types of Legal Guardianship

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

In the case that an adult cannot make decisions for themselves, whether mentally or medically incapacitated, the state provides laws that allows an appointed individual to make decisions for them. These individuals are referred as guardians or conservators, and the people they are making important decisions for are referred to as wards. A person can be determined “incapacitated” when they lack the capacity to make responsible decisions regarding their life.

There are actually seven basic forms of legal guardianship, all of which we will define and discuss in this blog. Continue reading to learn more about the seven types of legal guardianship, and who to talk to for more information pertaining this topic and more.

Guardians and Conservators

In many states, these two terms are used interchangeably; however, in other states, the terms are used to describe a separate set of agendas. For example, a guardian has the power to make decisions for the ward, while a conservator is in charge of a ward’s property, assets, and finances. These roles are also referred to as “guardian of estate” or “guardian of person.”

Some wards require complete guardianship over all aspects of their lives, while others need less. Some wards are capable of managing themselves, but need help managing finances and property. Other wards require several types of guardianship, and retain it through a set of individuals, each responsible for a certain aspect of the ward’s life. Here are the seven most common types of conservatorship:

Limited Guardianship

In the case that a ward can make some, but not all, decisions for his or her life, they will be appointed a conservator with limited guardianship. This guardian has restricted control of a ward’s life.

Plenary Guardianship

Quite the opposite of limited guardianship, plenary conservatorship gives a person complete control of a ward’s life, property, and finances.

Short-Term Guardianship

If a legal guardian needs a person to stand-in for a short amount of time, they can appoint a “short-term” guardian without legal consent from court or judge. For example, if a guardian has to serve jury duty or be hospitalized, they can appoint a replacement guardian for a temporary amount of time.

Temporary Guardianship

In contrast to short-term conservators, temporary guardianship is used for cases of extreme and immediate emergencies. A person appointed as temporary guardian usually only retains the role for no more than 8 weeks; however this varies from state to state.

Testamentary Guardianship

A legal guardian can name another person in his or her will that will be their successor as legal guardian to a particular ward. This does require court approval.

Successor Guardianship

In the case that a legal conservator resigns, dies, or becomes incapable of fulfilling their role as guardian, a successor guardian is appointed. This person is either named in the original guardian’s will, or is appointed afterwards.

Standby Guardianship

When a new guardian has to be appointed, a standby guardian steps in for immediate backup. Until the legal documents and court approvals are complete, the standby guardian fills-in so there is no gap between conservators.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Keith Blazek, and Ralph Hoover retain extensive trial and litigation experience in accident law. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to learn more about filing a personal injury claim in Indianapolis, IN today.

When to Sue for a Personal Injury

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Personal Injury Lawyers Indiana 317-881-2700

Personal Injury Lawyers Indiana 317-881-2700

If a person is injured negligently, and suffers serious injuries, they should only expect to be compensated fairly. This is what a personal injury lawsuit can achieve for accident victims and their families. Although a person has every right to pursue a personal injury claim against a negligent party, there are some circumstances that would render an accident lawsuit fruitless.

One of the main reasons why many injury lawsuits are unsuccessful has to do with the victim’s liability in the accident. This is one of the first things to consider; whether or not you had any part in causing the accident.

Continue reading to learn how to decide if you should pursue a personal injury claim, or not.

To Sue, or Not Sue?

There are several aspects of an accident to consider before deciding to file a personal injury claim against another person or entity. This is because there are many stipulations that govern whether or not a person has a legitimate case, as well as, if they are truly victims of negligence, and more. For example, if a person is injured in a motor vehicle accident, and the negligent driver does not have insurance nor the financial means to pay recompense, there might not be a good chance of recovering compensation for their damages. If the driver did have insurance, and the accident was not caused intentionally, then the victim has a good chance at recovering compensation for their injuries.

Insurance companies do not cover intentional torts. This means if a person intentionally hurts or harms another, the injured victim cannot obtain remuneration from the opposing party’s insurance company. Instead, they would have to rely on the negligent party to pay out-of-pocket for their damages. If the person is gainfully employed and has the financial means to pay restitution, then the accident victim can recover compensation this way. If the person who committed an intentional tort does NOT retain the financial capability to pay for remuneration, then the injured victim is out of luck.

These considerations and more are all important to pay attention to in the case that you or a loved one is seriously injured. DO not waste your valuable time and energy pursuing a fruitless lawsuit. This is why it is vital to consult a skilled and licensed Indianapolis Personal Injury Attorney following an accident. They retain the knowledge and resources to accurately assess your case and determine your chances at obtaining compensation.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information about personal injury lawsuits in Indianapolis, Indiana. Attorney, Daniel Craven, and his personal injury colleagues, are highly skilled and accomplished accident lawyers. We offer free initial consultations, and never collect attorney fees unless we prevail for you! Call 317-881-2700 and speak with a friendly and experienced Indianapolis accident attorney about your recent personal injury in Indiana, today.