Frequently Asked Questions About Personal Injury Claims – Part I

Injuries are bound to happen to all of us at some point in our lives; but what happens when your injuries were no fault of your own? What if another person or entity is responsible for the accident that caused you harm? These two inquiries are just the beginning to the frequently asked questions about personal injuries and claims. After being seriously hurt in an accident, people are often confused, stressed, and full of questions. It is important to retain the services of a licensed personal injury lawyer so you have professional guidance and knowledge concerning your rights and your case. Continue reading to review some more FAQs about personal injury accidents and cases.

Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

Do I Have a Valid Personal Injury Case?

Medical expenses, hospital bills, time off work, and general life expenditures tend to add up quickly after a serious injury. At this point, victims are usually very stressed and overwhelmed. They want to know if they should be paying these and if they have a valid claim. The only way you can know if you have a case is to speak with a licensed personal injury lawyer. They can assess your case and determine your eligibility for remuneration. Call 317-881-2700 to schedule a FREE INITIAL CONSULTATION with a licensed personal injury lawyer in Indianapolis, today.

Should I Hire a Personal Injury Lawyer?

Yes. There is no getting around it. A personal injury lawyer is your best chance at recovering the full and fair amount of compensation you deserve after being wrongfully injured. They retain the knowledge, experience, and resources to aggressively negotiate your claim without backing down. They investigate, research, and recover all necessary evidence, eye witnesses, and more to win your claim. Insurance companies are tough, and they will take advantage of a member by urging them to agree to a small payout. But personal injury attorneys know better than this, and they know how to fight insurance adjusters to get what their client’s need and deserve.

How Much Does a Personal Injury Attorney Cost?

Most personal injury law firms provide their services on a contingency-basis. This means there are no upfront costs or lawyer fees, and clients pay nothing if their claim is not settled. If an attorney wins your claim, they generally take a set, pre-negotiated percentage of the total amount collected from the claim. This is can be anywhere from 20% to 40% and more. It varies depending on the law firm and other factors. Choose a law firm that uses the contingency-fee rule, and discuss costs before making any final hiring decisions.

How Long Does it Take to Get My Compensation?

From start to finish, a personal injury case can take anywhere from one year to five years or more, depending on the complexity of the case. You can expect it to take at least one year before a case is settled. And then once a case is settled, you can expect to wait at least 2 to 4 months before actually receiving any money. There are countless variables that affect the time frame of a personal injury claim and receiving awarded compensation. Again, talk to your attorney to get a better idea of how lo9ng your particular case may take.

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 for personal injury lawyers in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. We are confident our law firm can recover the compensation you rightfully deserve after being injured in an accident. We offer free initial consultations and never collect attorney fees unless we win your settlement. Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, IN today.

Examples of Nonfeasance in Terms of Tort Law

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.