How Much Compensation Will I Get in a Personal Injury Lawsuit?

Posted on August 27, 2019 by admin

If you have been seriously hurt in an accident as a result of another’s negligence, you are most likely entitled to compensation for your subsequent damages and losses. You will need to retain the services of a seasoned personal injury law firm that can prove in a court of law that you are owed remuneration for your medical bills, hospital bills, lost wages, pain and suffering, and all other related losses, and ultimately, ensure that you receive a full and fair settlement. But you are probably eager to know how much can you expect to get paid in a personal injury settlement? Well the answer is much more complex, and varies from case to case.

Continue reading to learn which factors and formulas are used by the court and jury to determine what a fair settlement for a personal injury lawsuit would be, as well as, what you can expect to pay your personal injury lawyer once you are awarded compensation.

Personal Injury Attorney Law Firm 317-881-2700

Damages and Losses After a Personal Injury

Under tort law, when a person is a victim of a civil wrong-doing, a court or jury may award damages to compensate them for their injuries and losses. Damages vary, but commonly include lost wages, medical expenses, hospital bills, pain and suffering, mental anguish, prolonged rehabilitation, loss of consortium, and various other economic and non-economic losses.

Economic damages are for tangible financial losses, like bills and lost wages, while non-economic damages might include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

Assessing the amount of damages is often a difficult and complex process since many variables influence the final determination. A court or jury must consider the losses or injuries of a victim’s person, property, and overall quality of life. Personal injury cases generally address three primary issues that ultimately determine what the fair and full payment would be for a victim’s injuries, which are as follows:

❶ LIABILITY – Establishing the degree of negligence of another person or entity;

❷ DAMAGES – The amount of compensation that fairly acknowledges compensates for and covers a person’s injuries;

❸ SOURCE OF COLLECTIONS – Insurance or additional assets to cover the award of damages;

Paying for a Lawyer

If you have asked yourself if you can afford an accident lawyer, the answer is, “yes!” Anyone can afford a personal injury attorney if they have a valid claim and case. They can even have their claim examined by a licensed attorney for free, to determine if they have a valid claim. You see, most personal injury law firms do not collect attorney fees unless they recover a settlement for you. This is why they offer free initial consultations. The consultation gives them an opportunity to discuss a client’s case without obligating them or you to pay anything out of pocket.

Following the consultation, a personal injury lawyer will evaluate the client’s claim to determine if the case is strong enough to pursue. If they believe their client is entitled to compensation, they will take on their case and work toward obtaining a full and fair settlement for their damages. The more a lawyer can recover for you, the more they get paid, which motivates them to work even harder on clients’ cases. A personal injury attorney makes it easy for victims to pursue an accident claim or lawsuit, without risking thousands of dollars of their own money and the chance they may lose their case.

How to Get Started on Your Claim Today

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim anywhere in Indiana. Our firm is located in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement for you. Get started by scheduling your consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700

Who’s Liable for a Drowning Accident in a Private Swimming Pool?

Posted on August 19, 2019 by admin

Having a swimming pool on your property is a terrific luxury, but it also comes with a great deal of responsibility. Aside from regular maintenance and cleaning, pools encompass a wide scope of legal responsibilities as well. Not only is it important to understand your legal liability in owning a private swimming pool, it is also important to do what it takes to protect yourself from such liability.

If you do not take the proper precautions to ensure accidental drowning and other swimming pool-related accidents do not take place on your property, you could be held legally responsible for all subsequent damages and losses suffered by the victim and their family. Continue reading to learn what you need to know about swimming pool safety and liability.

Indianapolis Personal Injury Attorneys 317-881-2700

Swimming Pool Laws

There are laws set forth in every state governing both private and public swimming pools, from simple permit and license regulations, to zoning laws, construction, and more. These laws differ among each state, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, there are several laws regarding swimming pools. For instance, pools must be at least 10 feet away from any other building or house, and must remain in the side or back yard of a private residence.

Swimming Pool Accidents and Liability

Common swimming pool accidents than an owner would be held liable for include drowning, orthopedic injuries, slip and fall accidents, concussions, and even electrocution accidents. Here in Indiana, the owner of a private swimming pool is the party liable for any accidents that happen on their property, whether they are present and supervising the use of the pool at the time of the incident or not. Not only must a swimming pool owner take the proper precautions to ensure accidents do not take place on their property while they are home, they must also protect the possibility of trespassers or those who use their pool without permission.

You see, a pool owner might also be found liable for an accident in their swimming pool if they did not take the proper actions to lock their pool up from the outside public. In the case that a group of kids use a private swimming pool, and someone drowns, the owner could be held liable if the gate was not locked, even though they did not give the kids permission to use their pool. In fact, a similar situation could also fall under attractive nuisance laws, which hold an owner liable in the case that their pool is visible to the public and has features that attract trespassers, such as twisting slides, giant figurines, or cascading waterfalls. This also includes pools with easy-access or within public view.

For these reasons, most states have ordinances that require pool owners to install fencing around their property. Posting a sign is not usually enough to evade liability in a swimming pool accident, so pool owners should take other precautions as well, such as:

☑ Having high fences that lock from within;
☑ Monitoring alcohol consumption among guests;
☑ Supervising kids and minors at all times;
☑ Installing motion sensing lighting outside;
☑ Installing video surveillance;
☑ Adhering to all state and federal laws governing private pools;

How to Make a Swimming Pool Accident Claim

If you are a victim of a swimming pool accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging any upfront fees. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Who Do I Sue For a Defective Product That Injured Me?

Posted on July 5, 2019 by admin

There are several types of product liability lawsuits that arise every day; from children’s toys to exercise equipment, and more. Defective product litigation is an area of the law that involves victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled, or unreasonably dangerous products. For a short answer to the question, manufacturers of these types of hazardous products are generally the ones accountable for a victim’s injuries or wrongful death.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one has been recently injured by a defective product.

Indiana Personal Injury Attorneys 317-881-2700

Defective Product Accidents

Many injuries and accidents happen from damaged or faulty products. Burns, head injuries, orthopedic injuries, disfigurement, blindness, and even death are all common and possible consequences of a dangerous or poorly manufactured item. Any type of product can be defective and cause injury; such as crayons, bicycles, toys, electronics, hair dryers, and even food. In most cases, lawsuits that are filed against manufacturers involve design flaws, improper safety devices, inadequate or failure to warn, manufacturing faults, recalled products, and also marketing flaws.

Marketing flaws, or false advertising, describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards; or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.

Discuss Your Case With a Lawyer ASAP

Personal injury lawyers and legal teams evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer. In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries, although some types of product liability claims involve a negligence standard. If a victim injures themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not necessarily be responsible and the victim can be held accountable for their own damages, however, every case is very fact specific.

This is why personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are potentially eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case. If a personal injury firm identifies a manufacturer as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation.

Indiana Personal Injury Lawyers You Can Trust

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim in Indiana. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.

3 Easy Steps to Find a Reputable Personal Injury Lawyer

Posted on June 7, 2019 by admin

When it comes to suffering a serious injury that you had no fault in, compensation should be at the top of your list of priorities, right beneath medical care. In order to recover full and fair compensation for your personal injury, you have to make a claim. There are thousands of lawyers to choose from in Indianapolis. First, you must start your search within the proper field of law; from there, you must implement the proper strategies to ensure you choose the right law firm to represent you in your case. Fortunately, the hunt for a good personal injury lawyer does not have to be a hassle.

Continue reading to learn how you can find a reputable and proficient personal injury representation in just 3 easy steps.

When searching for an accident lawyer, it is important to know what to look for in a law firm. Here are 3 simple steps to ensuring you hire the right legal team for your personal injury claim:

1. Interview Law Firms

Your first step to choosing a reputable personal injury lawyer to help you with your claim is to interview some potential candidates. See our blog, “Frequently Asked Questions About Hiring an Accident Lawyer” for help with this stage of the process. When looking, keep in mind that a reputable law firm, as well as the injury attorneys that work for the law firm, all retain valid licensing. It is vital that you use an accident attorney that is actually licensed by the state and has passed the state bar exam. Be sure they are well-versed in personal injury cases as well. You do not want to retain a civil lawyer to represent your accident claim who has very little actual injury case experience; instead, you want to hire an accident attorney who concentrates solely on personal injury law.

2. Schedule an Initial Consultation

Once you have chosen a law firm to work with, it is necessary to get your first consultation on the books. During this consult, you will not likely be required to pay a fee; most personal injury lawyers, including Craven, Hoover & Blazek, P.C., offer initial consultations for free in order to discuss your case and determine the best strategies for your claim. See our blog, “What to Bring to a Personal Injury Consultation” to learn how to prepare for this meeting with your accident lawyer.

3. Understand Your Case

After you have chosen a lawyer and had your first consultation, the remainder of the work is up to your lawyer. However, there are still some responsibilities of your own to keep in mind. First, it is wise to learn as much as you can about your case and the laws surrounding the circumstances of the accident. This understanding can help you prepare for the future, as well as, what to expect from your case. Second, you must be sure you are protecting yourself. See our blog, “Frequent Mistakes Victims Make in Personal Injury Claims” to learn what you need to know about avoiding mistakes when in the middle of a personal injury lawsuit.

Where to Find Trusted Legal Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned accident attorneys work hard to ensure our clients’ rights to compensation. We offer free initial consultations to access your case and determine your eligibility for remuneration; and we never collect attorney fees unless we prevail for you!

What are Punitive Damages in a Personal Injury Lawsuit?

Posted on June 3, 2019 by admin

When accidents happen as a result of negligence, the scope of possible injuries are vast. Accordingly, the scope of carelessness on behalf of the at-fault party will also vary greatly. In cases where the tortfeasor demonstrated outrageous or egregious misconduct that directly caused the victim’s injuries, a court or jury may decide to award additional monetary damages to the plaintiff party in a personal injury lawsuit. These are called punitive damages, or exemplary damages, and they are meant to punish and deter negligent parties.

Continue reading to learn more about punitive damages, as well as where to get started on your personal injury claim in Indianapolis.

Indianapolis Personal Injury Attorneys 317-881-2700

Personal injury law generally recognizes and considers three types of losses, referred to as compensatory damages. Depending on the types of losses experienced following a personal injury, one’s damages will be either economic (including future economic losses), non-economic, or both. Types of economic losses may include medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, child care expenses, fuel costs (to and from doctors’ visits), and similar payments.

Future economic losses are included as economic losses, such as prolonged medical treatment, physical therapy, long-term care, future medical expenses, future hospital costs, and more. Types of non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of consortium, loss of work abilities, loss of education experience, and more.

Punitive Damages

Aside from the 3 common types of damages awarded in a personal injury lawsuit, there is another category that can also be awarded in addition to actual damages. These are called punitive damages. Punitive damages, also known as exemplary damages, are different from economic and non-economic damages because they are not intended to compensate a victim for the loss of their quality of life. Instead, they are meant to punish the tortfeasor, as well as, set a public example and double as a deterrent for the particular gross negligence involved in the case.

Punitive damages have even been branded “quasi-criminal” since they sit halfway between the criminal law and civil law. Furthermore, defendants are seen as acting deliberately, spitefully, grossly negligent or with disregard for the rights and welfares of the victim. In fact, the typical terminologies used to describe such conduct and justify the awarded damages in personal injury cases include wanton, fraud, malice, outrageous, violent, bad faith, oppression, reckless, grossly negligent and even wicked.

Where to Get Reliable Legal Advice Regarding Your Recent Accident

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action after being negligently injured in an accident in Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

What is Comparative Fault Analysis in a Personal Injury Case?

Posted on May 31, 2019 by admin

Under tort law, when a person is a victim of a civil wrong-doing, a court or jury may award damages to compensate them for their injuries and losses. Assessing the amount of damages is often a difficult and complex process since so many variables influence the final determination. A court must consider the losses or injuries of a victim’s person, property, and overall quality of life. With all that’s at stake for injured victims and plaintiffs in such cases, courts take this responsibility seriously; after all, the purpose of tort law is to help victims of personal injury get back to the condition and state of life they were in before their accident, if possible, and to fully and fairly compensate them for what they have gone through and will go through.

This legal process requires substantial evidence on behalf of the victim to recover the full and fair amount of compensation for the total amount of damages and losses, such as medical records, police reports, expense records, witness statements, interviews, and much more. But before any compensation can be awarded to a personal injury plaintiff, someone has to be found liable for the accident. To determine fault in a personal injury case, the same amount of consideration is taken, but on a more guided scale known as comparative fault analysis, or comparative negligence.

Continue reading to learn more about comparative fault analysis, including who to talk to about your potential personal injury claim.

Brief Explanation of Comparative Fault Analysis

According to USLEGAL.com, Comparative Fault Analysis is defined as, “…a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury.”

When an individual is seriously hurt in an accident, it is necessary to determine who was at fault for the incident. This process of determination is called comparative fault analysis, and it is widely used as a standard in tort cases. Comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent. Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a serious accident, however, there are numerous details that go into making these distinctions.

Fundamentally, if a victim or plaintiff is 49% (or less) at-fault, then they are most likely entitled to compensation. If the plaintiff is 51% at-fault, or greater, then there is no chance at being awarded compensation. Overall, an accident that causes a person serious injury or harm must be caused by another’s negligence or carelessness. At the closing of a personal injury trial, the jury gives the comparative fault analysis report to the judge.

Here is a Possible Example:

For instance, if a person is walking down a road and ignores pedestrian traffic signals, and as a result is struck by a driver who is intoxicated, both would be at-fault for the accident. In this example, the pedestrian was negligent for not properly obeying traffic signals, while the driver was simultaneously negligent for operating a vehicle while intoxicated, and furthermore, driving recklessly (i.e. speeding, swerving, etc.).

Although the driver had a green light, they are still responsible to use reasonable care and keep their eye out for pedestrians and other drivers. A court or deciding factor uses a specific method to calculate each person’s fault. In this case, a court may rule that the drunk driver is 80 percent responsible and the pedestrian only 20 percent responsible. So if the total damages for each party is 100,000 dollars, the pedestrian would be awarded 80 percent of that total number. But this all varies state to state, and depends on specific and individual circumstance of a case.

What You Need To Do For Your Claim

If you have questions about personal injury compensation, it is vital to discuss your claim with a licensed accident attorney. They can give you personalized recommendations for your case, and document an impactful claim to recover the full and fair compensation you deserve. As soon as you receive medical attention for your injuries, your next step should be to contact a personal injury law firm for help with your accident claim.

Contact Our Personal Injury Law Office Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. We represent clients throughout the State of Indiana. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

Interesting Facts About the History of Tort Law

Posted on May 24, 2019 by admin

Torts are civil wrong-doings, or immoral behaviors and actions against people. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death; consequences that can establish a victim’s right to make a personal injury claim against the at-fault party.

Tort law is one to appreciate since it protects us and our loved ones from wrongful offenses. Take a look below to learn some of the most interesting facts about the history of tort law in our country to gain a deeper appreciation for our national judicial system.

Tort Law

Tort law was established to serve 4 particular objectives: 1) to compensate victims for the injuries they’ve suffered as a result of another’s actions or inactions; 2) to transfer the cost of related damages and losses to the culpable party, such as hospital bills, medical expenses, lost wages, pain and suffering, and more; 3) to set an example and prevent harmful, reckless, and negligent behaviors in the future; and 4) to justify the legal rights and welfares of the victim that were compromised, diminished, or made powerless.

History Facts

The term, “tort” is derived from the Latin word, “torquere”, which translates to “twisted” or “wrong.” Centuries ago, the British legal system did not recognize torts as a means of separate legal action. Instead, English Common Law provided victims of tort with two primary methods of recompense, which were trespass for direct injuries, and actions “on the case” for indirect injuries. In fact, tort law originated with the action of trespass.

Eventually, over the course of several years, the British legal system acquired other types of civil actions, including defamation actions like slander and libel. See our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to understand the difference between these two types of civil actions. By the 18th century, most American colonies began to adopt England’s common law system. And at the start of the 19th century, the first U.S. legal treatises were published. Within these treatises, a portion of the British common law were created under the heading of torts.

Tort Law Today

Tort law has monumentally progressed over the last two centuries, recognizing virtually all civil wrong-doings under law. In today’s judicial system, tort law protects people, businesses, employees, the environment, and much more. Common categories of tort law today include both intentional and non-intentional torts, such as defamation of character, workers’ compensation, wrongful death, premise liability, product defects, medical malpractice, and general personal injuries. If you were recently injured in an accident or suffered harm to your reputation, all at not fault of your own, you may be eligible to collect compensation for your subsequent losses and damages.

Contact a Personal Injury Law Firm Today

If you believe you or your loved one is a victim of a personal injury in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our seasoned Indianapolis personal injury lawyers can help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free meeting, today.

Should a Personal Injury Claimant Ever Accept a Low Settlement?

Posted on April 15, 2019 by admin

Although not common, in a personal injury case, there are times when it might make more sense for a claimant to accept a lower settlement than what they believe they are owed. It is important to hire a seasoned personal injury law firm to represent your accident claim in order to obtain the fullest and fairest amount of compensation for your damages and losses. With a skilled and experienced law firm in your corner, you do not have to be concerned about low settlement offers. However, it may help to learn what circumstances could lead some claimants to agree to lower compensation.

Continue reading to learn these scenarios, and where get professional legal advice regarding your personal injury claim.

Low Settlement Offers

It is never recommended to take a low offer when making a claim against someone who has caused you serious injuries and damages. In every case, you should always negotiate for the best settlement possible, however, there are times when it does occur because it is the more sensible option compared to taking a claim to trial. Here are three common examples of when this might happen:

☛ The claimant’s case is weak or uncertain because they may not have enough evidence to prove all of the elements of their case in court. They would be better offer accepting whatever offer is put on the table before a lawsuit is considered, otherwise, they could walk away with nothing in the end.

☛ The claimant’s injuries and ultimate losses are minor, small, or fairly minimal. For instance, a claim should be intended to recover compensation for losses like medical bills, lost wages, pain, suffering, and similar consequences. If their damages and losses do not mount up to much, and/or their injuries are insignificant, a lower offer is likely the best option.

☛ The claimant’s settlement offer is at the maximum of the policy limits, so no more can be paid out even if the settlement seems too low. For example, if the opposing party’s liability insurance policy is set at a maximum of $25,000, and that is the settlement they offer, a claimant is not likely to get more than that even if they are awarded a larger amount in court. Large corporations are an exception to this since they tend to have more money and assets outside of their insurance policies; but a private party may not have the assets to pay out more, even if ordered to in court. In any event, defendants can also file for bankruptcy which can significantly negatively affect any chance of any recovery above and beyond liability insurance policy limits.

Keep in mind that once a claimant accepts an offer, there is no turning back. This means that in the case that their injuries worsen or their damages add up in cost later on, they cannot make another claim for more compensation. Be sure to have a licensed personal injury lawyer working your claim as soon as possible after the injury or death occurs to ensure your rights to compensation are fully protected and executed.

Where to Get Trusted Legal Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana and anywhere else throughout the State of Indiana. We are well-versed and experienced in several practice areas, from slip and fall accident claims, to car accidents, big truck accidents, workers’ compensation, wrongful death, and much more. When you walk into our office for your free consultation, you will instantly feel confident that you are in good hands. Call 317-881-2700 to get started, today.

Frequently Asked Questions About Wrongful Death Claims

Posted on April 8, 2019 by admin

Each state has a separate set of laws that oversee wrongful deaths cases. Indiana defines wrongful death in IC 34-23-1-1, which states in part, “When the death of one is caused by the wrongful act or omission of another (…).” In plainest terms, it is a personal injury case in which the injured victim dies. In the case that a person or corporation causes an accident that results in another’s death, they can be held legally responsible in a court of law for the subsequent damages and losses suffered by the victim’s relatives.

Understanding wrongful death claims can be tricky since every case differs in great detail. Furthermore, there are various complex laws surrounding such claims, making it even more challenging to comprehend your rights to compensation. If you or anyone you know has been involved in an accident that resulted in the death of another person, it is vital that you consult with an experienced personal injury lawyer who concentrates on wrongful death cases to learn the best strategies for your claim.

For a better understanding of what to expect, continue below to review some of the most frequently asked questions about wrongful death cases in Indiana.

Who Can File a Wrongful Death Claim?

The person who makes the wrongful death claim is usually the victim’s estate representative. If they were married, it would likely be their spouse; if they had no spouse, but children, it could be them. Typically, it is the person who retains ownership of the property or is listed in the will. If there is no family or pre-appointed representative for the estate, there may be no one to file suit and handle their wrongful death case. Although the claim must be brought forward by an estate representative, the awarded damages may be allocated to other members of the family, including dependents.

How Long Do I Have to File a Wrongful Death Claim?

In Indiana, a person usually has 2 years from the date of the accident to make a claim against the wrongdoer, although their can be earlier deadlines for governmental entities. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn about statute of limitations deadlines, extensions, and more. If you believe you have missed your deadline to make a wrongful death claim, contact an Indianapolis personal injury lawyer for details regarding your options.

What Types of Damages are Awarded in Wrongful Death Settlements?

Civil damages are awarded in wrongful death settlements, which serve the sole purpose of compensating surviving relatives and members of the estate for all of the related losses resulted from the death of the victim. Indiana allows spouses and children to recover damages for funeral and burial expenses, medical expenses, hospital bills, lost wages, lost benefits provided by the deceased, counseling costs, legal costs, and more.

Do I Need to Hire a Wrongful Death Lawyer?

Wrongful death claims are incredibly complex, and the laws and procedures surrounding them are as well. In order to recover the full and fair compensation you deserve, you will need an experienced personal injury attorney who is well-versed and experienced in wrongful death cases representing your claim from start to finish. They have the knowledge, skills, and resources to accurately navigate your claim and argue your case if it goes to trial.

How Do I Make a Wrongful Death Claim in Indianapolis?

Contact the Law Firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about your wrongful death claim in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned personal injury lawyers are eager to help all victims of wrongful deaths in the family to recover compensation for their medical expenses, hospital bills, lost wages, and more. We offer free initial consultations and work on a contingency-fee basis, which means you do not pay a dime unless we win a settlement for you. Call today to get started.

Can a Personal Injury Statute of Limitations Be Extended?

Posted on April 5, 2019 by admin

Were you seriously injured in an accident that was not your fault, and now you are afraid you’ve missed your deadline to file a claim for compensation? If so, there is some important information about personal injury statute of limitations you need to know before moving forward.

What are Statute of Limitations?

Statute of limitations are a type of state or federal ordinance or law that sets a time frame in which a person can bring forth legal proceedings in order to enforce their rights, either in criminal or civil court. Personal injury claims are brought forth in civil court. The purpose of such laws is to thwart fraudulent claims brought into action after all evidence is lost or gone. After a long period of time, evidence is lost and witness testimony can be weakened by missing persons or faulty memories.

Although criminal statute of limitations are generally longer, as much as five years or more, most personal injury claims retain an average statute of limitations of 2 years or less, depending on the details of the case. As for Indiana, you can find some specifics regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book. In addition, claims against political subdivisions or the state should be made immediately.

Missed Deadlines

If a person misses the deadline to make a personal injury claim, there are usually no other alternatives and their case will likely be dismissed. However, on rare occasions, the statute of limitations may be extended under special circumstances. Basically, if there are legal grounds for extended or altering the statute of limitations for a civil claim, they may be granted.

These exceptions vary from state to state; each state has their own set of rules and procedures for such extensions. For this reason, if you have questions or concerns about making a personal injury claim on time, it is vital that you consult with a seasoned Indianapolis personal injury lawyer for professional guidance.

Common Exceptions to Limitations Statute

In legal terms, extending a statute of limitations deadline is referred to as “tolling” the running of the statute’s clock. This is more like pausing the clock, rather than extending the deadline. And although the action of tolling the clock is rare, and the laws that governs it varies among states, there are some cases in which it does occur.

Granted extensions to the statute of limitations deadline may be given to personal injury victims who were minors at the time of the accident, or legally incapacitated (or declared legally incompetent). Extensions might also be approved if the at-fault party fled or hid from the state after the accident, or unlawfully attempted to conceal the occurrence of the accident or the role they played in causing injuries to the victim.

Talk to a Personal Injury Attorney Today

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss the best course of action for your Indianapolis personal injury claim. Our seasoned lawyers can recover the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you. Call today to schedule your consultation.