Tag Archives: personal injury attorney

Top 3 Mistakes to Avoid When Filing a Personal Injury Claim

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

If you have been involved in an accident in which you sustained injury, it is vital that all proper and necessary steps are taken to file a personal injury claim against the guilty party. Unfortunately, doing this on your own can leave room for mistakes. If a mistake is made during the filing process, you can potentially be denies compensation for your injuries. Continue reading to learn how to avoid the top 3 mistakes made in a personal injury claim.

❶ Failure to Document the Accident Scene

It is understandable that many victims of personal injury fail to document the scene of the accident. A combination of shock, emotional trauma, and pain can interfere with a person’s intent to document the accident sight. Unless a victim is unconscious, it is highly recommended to take photos and video to record the happenings, locations, and other various circumstances surrounding the accident. In the case that a person is injured to the point of unconsciousness, a legal representative can help track down ambulance and police records following an accident. Having these records and documentations is a great advantage for someone pursuing legal compensation for their injuries, medical bills, and time off work. It is a full-proof method of verifying the occurrences and events of the accident, and stands solid in a court of law.

❷ Failure to Seek Medical Attention

Another common mistake people make following a personal injury is failing to seek medical attention altogether. By not seeking medical help, it ascertains that a person is not as seriously injured as they claim. This shows the court that the injuries sustained are not severe enough to receive compensation for the accident.

❸ Giving Statements Without Legal Representation

If a person is involved in an accident that caused them to sustain personal injuries, it is important for them to never give any official statements concerning the accident unless they have a lawyer present. Legal representation during a personal injury law suit is vital when it comes to apply for compensation. It is easy for a person to say something that can contradict or annul a personal injury claim in court. Speaking to a personal injury attorney before making official statements about the accident is the most important step to pursuing compensation for damages and injuries following an accident.

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 to file a personal injury claim in Indianapolis, Indiana. Attorney, Daniel Craven, has several years of trial and litigation experience and will work hard to recover the full and fair amount of compensation you deserve after sustaining a wrongful injury. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to schedule your initial consultation with a trusted personal injury attorney in Indianapolis, IN.

Can I Settle My Own Personal Injury Claim?

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Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

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

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

Personal Injury Settlements

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

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

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

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

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

Is Market Share Liability Still Used in Product Liability Cases?

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Market share liability is a legal set of rules that plaintiffs and courts can use against a group of product manufacturers in a product liability case if the origin of the harmful product in question cannot be proven. In such a case, since there is no way of determining which manufacturer provided the fungible product that harmed a person or group of people, the law decrees that all manufacturers in the market must pay a percentage of recompense for damages. Continue reading for an example of a market share liability case, and more about how it applies to product liability cases.

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

Market Share Liability

Market share liability is rarely used in the court system today. In order for it to apply, four distinct factors must be true about the case: it must be impossible to determine which manufacturer provided the actual product that harmed the actual victim, all manufacturers were active suppliers of the product when the damages occurred, the product must be fungible (the same no matter who made it), and a majority share of the manufacturers of the product must be present as defendants in the lawsuit.

If all four of these factors are true in a product liability case, market share liability could be applied. This of course all depends on individual circumstances, evidences, and varies case to case. It is important to discuss your legal questions regarding personal injury or product liability with a licensed attorney that focuses on your accident case.

Case Example

The market share doctrine originated in California after a DES case was revealed. Mothers were prescribed a medication called DES that prevented miscarriages. Later, the adult-children of these mothers began to develop reproductive tract cancers, like vaginal tumors, masses, and more. Since it was impossible to determine which drug company provided the DES that was prescribed to their mothers, the courts decided to apportion the liability among all (or most) of the drug companies that manufactured the DES medication at the time the mothers were prescribed to it.

The apportioned share in a market share liability case is not always equal among manufacturers. It is divvied according the percentage of the product they produced and distributed at the time a victim was injured by it. If you or a loved one was injured by a defective product, contact a licensed personal injury lawyer to learn your rights before the statute of limitations runs out. You could be entitled to compensation for your damages and losses.

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 to learn about product liability or to file a defective product injury claim in Indianapolis, IN. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can offer you accurate and information answers to your legal questions. We offer free initial consultations so there is no financial obligation to discuss your case! We also never collect attorney fees unless we win your case. Call 317-881-2700 to speak with a product liability lawyer in Indianapolis, today.

Pedestrian Accidents and Laws in Indiana

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Pedestrian Injury Claims 317-881-2700

Pedestrian Injury Claims 317-881-2700

Sadly, all over the United States, thousands of men, women, and children are seriously injured or killed in pedestrian accidents each year. Motor vehicle and traffic accidents are the number one causes behind pedestrian injuries and deaths. There are various laws and rules regarding pedestrian protection in our state, but unfortunately, they are commonly forgotten or overlooked after traffic school. Continue reading for a brief overview of standard pedestrian laws and regulations in Indiana.

Pedestrians

Just like all other driver’s on the road, pedestrians have rules and guidelines to follow too. In Indiana, pedestrians must obey all traffic and pedestrian control signals at all times. This means anyone traveling by foot is required to comply with “Walk” and “Don’t Walk” traffic signals; as well as, any other traffic control devices or signs. They are also expected to always use crosswalks and pathways designated for pedestrian use. This means no J-walking! These rules are just in that they protect everyone by establishing a safe, consistent, and effective plan that we can all easily understand and obey.

An At-Fault Driver

A driver cannot overtake or pass another vehicle that is stopped in front of them at a crosswalk for pedestrians or cyclists. This at-fault driving scenario puts any pedestrian crossing the path at that time, in danger of being hit by the driver. This is why it is illegal. All drivers must obey all traffic control signals, and yield to pedestrians that have the right away at crosswalks and other pathways. They must also yield to blind pedestrians; discernible by a white cane or seeing-eye dog.

An At-Fault Pedestrian

Pedestrian Injury Claims 317-881-2700

Pedestrian Accident Claims 317-881-2700

Pedestrians, just like drivers, can be at fault in a motorist-pedestrian accident. If a pedestrian darts out into a busy road from a safe place or sidewalk, they could be at fault if they are hit by an oncoming car. The law explains that in this situation, drivers that are acting in accordance with with their traffic rules do not have enough response time to stop for a wandering pedestrian. Also, any person on foot is expected to use a sidewalk, rather than the edge of the road, for safety. If there is no sidewalk, they are allowed to walk on the direct edge or shoulder of a highway or street. If a pedestrian is crossing a road that is not marked with traffic control signals or a crosswalk, they are expected to yield the right away to all traffic.

There are several more pedestrian safety laws and guidelines that begin to get very specific, such as pedestrian law IC 9-21-17-11; that states all pedestrians should move along the right half of all crosswalks. Not such a serious violation. The important Indiana pedestrian laws are general, but important. Vehicles are prohibited to overtake a vehicle stopped at a crosswalk; pedestrians have to obey all traffics control devices unless otherwise specified by a police officer, pedestrians must yield to oncoming traffic if there is no marked crosswalk or path, they cannot walk along the shoulder or edge of a road with a functioning sidewalk, and motorists are responsible to yield to blind pedestrians at all times. Keep these rules in mind and protect yourself and others on the road.

Pedestrian Accident Attorneys

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you are a victim of a pedestrian accident in Indiana. Indianapolis pedestrian accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned injury lawyers that are eager to recover he rightful compensation you deserve after being wrongly injured in a pedestrian accident. Our law firm offers free initial consultations and will not collect attorney fees unless we prevail for you. Call 317-881-2700 for pedestrian accident and injury representation and legal counsel in Indianapolis, IN.

Negotiating a Final Settlement in a Personal Injury Case

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Personal Injury Lawyers Indiana 317-881-2700

Personal Injury Lawyers Indiana 317-881-2700

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

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

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

Settlement Negotiations Between Both Parties

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

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

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

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

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

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

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

What is MedPay?

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Every driver needs to have car insurance. But car insurance only covers damages to vehicles, not people. Fortunately, there is an additional type of coverage you can purchase to protect yourself and your passengers. It is called medical payments coverage, or MedPay insurance for short. It is a form of insurance coverage for “Medical Payments to Others”, rather than vehicles. In the case of an auto-related or motor vehicle accident, whether your fault or not, med pay insurance will cover the medical expenses of yourself and your passengers if injured as a result of the accident. Continue reading to learn more about MedPay, how it works, and where to obtain such insurance coverage.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Medical Payments Insurance

Any medical costs that results from an auto-related or motor vehicle accident will be paid for by a medical payments insurance policy. It pays for and protects your passengers and yourself, but it does not cover medical expenses for the people in any other vehicles involved. That would require third-party insurance coverage. Medical payments coverage is usually set at a maximum limit of $25,000. All medical costs that exceed a MedPay policy’s limit has to be paid out of pocket, by health insurance, or third-party insurance.

There is a lot of confusion when it comes to understanding MedPay coverage. Many assume it is a type of health insurance, but it is only meant to cover injuries caused by auto-related accidents, and again, only has a $25,000 payout limit. Also, health insurance will only cover your injuries, not the injuries of your passengers. Instead, med pay is more like PIP, or Personal Injury Protection. Although both types of insurance are similar, MedPay differs from PIP because it only covers medical expenses, not lost wages or other damages, like PIP coverage does. We will further discuss PIP coverage in next week’s blog, so stayed tuned!

It is strongly encouraged to purchase MedPay insurance for anyone who regularly carpools as well as, for adolescent drivers. It is a lucrative expense that is well-worth it in the end. Also, medical payments insurance has to be purchased for every single vehicle owned, including motorcycles. So if you only have MedPay insurance for your Jeep, but an accident occurs while driving your Honda, you will not be covered by your MedPay policy. You need to insure all vehicles to be fully-covered. Start by calling your own car insurance provider to inquire about MedPay, but be sure to also shop around for the bet rates. For an affordable cost, you and your passenger’s medical expenses can be covered if ever seriously injured in a motor vehicle accident in your vehicle.

If you or a loved one has been seriously injured in a car accident, contact a licensed personal injury lawyer right away to learn your rights and recover the full and fair compensation you are owed.

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 information about personal injury car accident claims in Indianapolis, Indiana. Attorneys Keith Blazek, Ralph Hoover, and Daniel Craven have extensive trial and litigation experience in Indiana, and will work hard to recover the compensation you deserve after being seriously injured in a motor vehicle accident. We offer free initial consultations and never collect lawyer fees unless we get you money! Call 317-881-2700 to find a reputable and experienced car accident attorney in Indianapolis, IN and its surrounding counties.

A Store’s Obligation to Maintain Safe Premises

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Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

All commercial stores are obligated under law to maintain safe and hazard-free premises for customers, guests, clients, and employees alike. This protects people from being seriously injured. One of the most common commercial store injuries are slip, trip, and fall accidents. Failure to maintain a safe environment for the public can result in such accidents, and unfortunately, they are very common.

Whether this type of accident occurs at a department store, retail store, small shop, restaurant, gym, cinema, or any other commercial property open to the public, it is either the business or victim’s fault. In a slip and fall case, the most complex part is proving that a store is liable for a person’s injuries. A personal injury attorney must present to the court proof that the store did not take proper precaution to prevent an accident from happening.

The opposing party, often times the store’s insurance adjuster, will undertake the burden of proving that it was the injured victim’s negligence that caused the accident to occur, and that the store took all necessary precautions. If it can be proven that the store was kept in an unsafe condition, causing the accident to take place, then the plaintiff may receive remuneration for their damages.

Reasons for Slip and Fall Accidents

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

The most common reason why slip and fall accidents happen has to do with precipitation. Rain, snow, and ice are the number one cause of slip, trip, and fall accidents. These are cases in which the store is generally not liable because of the obvious weather conditions. In these cases, the customer should have acted carefully knowing that surfaces are slipperier than usual due to the weather. Other reasons for slip and fall accidents include poor lighting, unleveled surfaces, changes in elevation, spills, leaks, constricted staircases, obstructions, and more. When any of these circumstances occur, it is the law that asks whether or not the store should have noticed the hazard in a reasonable amount of time and if they took prompt action to clean it up or remove it before anyone is hurt. The store’s accountability for a slip, trip, or fall accident with largely depend on these variables and more.

Store’s Liability in Regards to Personal Injuries

A commercial store may or may not be responsible for a person’s slip and fall. Depending on the situation, different scenarios will eventually determine who is liable for such an accident. For example, if a store applies a floor wax improperly or uses a product that is much too slippery, this could be considered negligence on their part. On the other hand, a person could have been intoxicated while walking around a grocery store and trip over an isle display. This, of course, would be the fault of the victim. These are basic examples, but in real-life, the scenarios are not so cut and dry. There are generally many complicated and complex details that make it difficult to decide who the negligent party actually is and why. This is the reason why slip and fall victims require professional legal counsel from a licensed personal injury attorney. They retain the resources, experience, and knowledge to facilitate a successful slip and fall claim.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about filing a slip and fall claim in Indianapolis, Indiana. Seasoned personal injury attorney, Daniel Craven, has extensive litigation and trial experience. Our law firm offers free initial consultation and never collects lawyer fees unless we prevail for you. Call 317-881-2700 and speak with a slip and fall lawyer in Indianapolis, IN today.

Personal Injury Guide and References

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Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

A personal injury can happen to anyone, children and adults alike. When someone is injured in an accident that was caused by another entity’s negligence (a person, company, organization, product, etc.), they are considered victims of tort. Tort is a civil wrong that can serve as grounds for a lawsuit in order to recover compensation for related damages. There are three different kinds of tort; intentional torts, negligent torts, and strict liability.

Examples of intentional torts can include cases of assault, harassment, trespassing, or emotional distress. Negligent torts can include cases like fraternity hazing gone bad, wrongful death, and motor vehicle accidents. Cases of strict liability can include slip and fall accidents, defective products, and more. There are several other areas of tort as well, not included in the above categories; such as defamation, harassment, nuisance tort, and more.

An example of a common tort would be if a drunk driver hits you and causes you serious injury. In this case, they have committed a negligent tort, and you have grounds to pursue lawsuit to obtain recompense for vehicular damages, personal injuries, trauma, lost wages, and much more. Assault is another example of tort that can lead to a personal injury lawsuit. Some forms of tort, mostly intentional ones, are not only grounds for a personal injury lawsuit, they are also punishable by imprisonment. Other forms of personal injury include wrongful death. Property damage, however, does not fall under personal injury law.

Personal Injury Terms

We have covered what tort is, and what a personal injury is, but there are other related terms that might be helpful to know before pursuing your own personal injury lawsuit. There are nine principle participants in a general personal injury claim. The first is the victim, or person filing for the victim. This is called the claimant. The rest are listed and defined below. Continue reading for more helpful legal terms related to personal injury lawsuits.

Claimant – This is the person that files the claim with an insurance company, or the person that actually suffered the personal injury. In the case of a wrongful death, the claimant would usually be a relative or spouse.

Party – A participant in a lawsuit.

Plaintiff – Also called the “claimant”, or the person that files the lawsuit.

Defendant – This is the opposing party (either a company or individual), or the party being sued.

Lawyer – This is the licensed legal party (usually one person, or sometimes a small team) that represents the claimant in a personal injury lawsuit.

Adjuster – This is the individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

First Party Insurance – This is the insurance company of the victim, or person filing the claim.

Third Party Insurance – This is the opposing party’s insurance, or the party being sued.

You can speak with a licensed Indianapolis accident attorney about your personal injury questions and concerns by simply scheduling a free initial consultation. They can listen to your story and assess whether or not you were an actual victim of tort. If they find that you or your loved one was wrongfully injured or killed as a result of another entity’s negligence, they will represent your claim. Many law firms do not collect upfront lawyer fees, and only do so if they recover full and fair compensation for their clients.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indianapolis personal injury attorney regarding a recent tort or accident. Seasoned lawyer, Daniel Craven, and the panel of personal injury attorneys alongside him, are eager and waiting to recover the full and fair compensation you rightfully deserve after being negligently injured in an accident. We offer free initial consultations and never collect lawyer fees unless we settle your claim. Call 317-881-2700 for more information about filing a personal injury lawsuit in Indianapolis, Indiana, today.

What Does Statute of Limitations Mean in an Injury Lawsuit?

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When a person is injured in a negligent accident, they or their families may wish to pursue compensation through a personal injury lawsuit. In this case, they have a limited amount of time in which they can legally file a claim or lawsuit against an opposing party. This is called the statute of limitations. Continue reading to learn more about how statute of limitations works in an accident lawsuit, and who to call for information about Indianapolis personal injury claims.

Statute of Limitations

Each state has a different time period for their own statute of limitations. These time agendas are set by state government and differ depending on the type of accident, charge, or crime. In the case of a personal injury claim, the lawsuit would fall under “civil law” and have a set time frame in which a defendant can be sued for a victim’s damages. Some states may allow 3 years to file a lawsuit after an injury or accident; while another state may only allow 2 years. These laws are set in place to protect the defendant. It prevents potential defendants or opposing parties from living in a state of perpetuity, where they can be sued or prosecuted at any time during which. They are intended to bring legal claims to court in a timely manner.

The statute of limitations “time clock” always begins at the scene of the accident, or on the date of the loss. The actual day a person becomes a victim of a personal injury is the same day this metaphorical time clock starts. Once this time limit runs out, a lawsuit can no longer be filed.

In Indiana, the statute of limitations for civil lawsuits, particularly pertaining to personal injury, is two years. For other types of civil crimes, time can extend to six years or more. So if you or a loved one has been negligently and seriously hurt in an accident within the last two years, you may still be eligible for remuneration for your damages and losses. Contact an Indianapolis personal injury lawyer for information right away, before your time runs out!

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, Indiana today. Attorney, Daniel Craven, is eager to help you recover the compensation you deserve after being injured in an accident. We offer free initial consultations to assess your case and determine if you have a valid claim. Also, we never collect lawyer fees unless we recover compensation for you! Call 317-881-2700 and speak with a friendly and knowledgeable legal representative about your recent personal injury in Indianapolis, IN today.

On What Grounds Can a Personal Injury Victim Recover Compensation?

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When a person is injured in an accident, and suffers serious injury or mental trauma, it is important to decide who is at fault for the incident. This is called comparative fault analysis and is widely used as a guide in personal injury cases. It is the report given by the jury, to the judge at the closing of a personal injury trial. Basically, if a victim or plaintiff is 49% (or less) at-fault, then they are most likely entitled to basic remuneration. If they plaintiff is 50% at-fault, or greater, then there is no chance for recovery.

An accident that causes a person serious injury or harm must be caused from another’s negligence or carelessness. This could be a person, company, or manufacturer. The most common negligent personal injury cases include drunk driving accidents, slip and falls, dog bites, assault, medical malpractice, product liability, motor vehicle accidents, workplace accidents, and sexual harassment. Continue reading to learn more about comparative fault analysis and additional stipulations that can make or break a victim’s personal injury lawsuit.

Personal Injury Lawsuits and Settlements

Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a personal injury accident. There are details that go into making these distinctions. For example, if a person was injured as a result of their own negligence, they will not be awarded compensation for their damages. This can happen if a person slips and falls in a grocery store, on a rainy day, even when there are “wet floor” signs placed throughout the premises. This person would not be considered a victim of a negligent accident. On the other hand, if it were a sunny day and no “Caution: Wet Floor” signs are posted even though there is a puddle or spill, the grocery store is accountable for that person’s damages if they are injured as a result of the wet spot.

Another example involves motor vehicle accidents. If a pedestrian, passenger, or driver is injured as a result of a drunk driver, they are considered victims using the comparative fault analysis formula; however, if a person was not obeying traffic signals or street signs, and is hit by another driver, they will most likely be held responsible for their own damages because they were the negligent party in the accident. All of these perspectives must be considered in order to properly determine which person is at-fault in a personal injury lawsuit. The same idea is applied for workplace accidents. If an employee is injured at work or while performing work-related duties, they are entitled to compensation for their damages; however, on the other hand if that employee was injured as a result of their own negligence (i.e. improper use of company equipment, not wearing proper safety gear, etc.), they are accountable for the incident.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a knowledgeable and licensed personal injury attorney in Indianapolis, Indiana today. Attorneys Daniel Craven, Ralph Hoover, Keith Blazek, and their legal teams are highly accomplished accident lawyers with decades of personal injury litigation and trial experience. We offer free initial consultations to assess your case and determine if you are a victim of a negligent accident. Also, we never collect attorney fees unless we win your settlement and recover full and fair compensation for your damages. Call 317-881-2700 to learn more about personal
injury lawsuits in Indianapolis, IN.