Understanding Indiana Laws: A Store’s Duty to Ensure Customer Safety

Posted on May 16, 2025 by admin

Accidents can happen anywhere, but an unexpected injury while shopping can be especially frustrating. If you’ve slipped on a wet floor, tripped over a loose carpet, or been hit by falling merchandise in a store, you might be dealing with more than just physical pain. You could face costly medical bills, lost wages, and emotional stress. But did you know that stores in Indiana have a legal responsibility to keep their premises safe for customers?

This blog will explore what premises liability means in Indiana, the duties of store owners, common hazards, and what steps to take after a store-related injury. We’ll also explain how Indiana’s premises liability laws can impact your claim and how consulting a store injury lawyer can protect your rights and help you secure fair compensation.

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Understanding Premises Liability in Indiana

Premises liability is a legal principle that holds property owners accountable for maintaining safe conditions on their property. Under Indiana law, businesses that welcome customers onto their premises owe a duty of reasonable care to ensure that the environment is safe. When a store fails to meet this obligation and someone is injured as a result, the store can be held liable for the harm caused.

Indiana follows the modified comparative fault rule under Indiana Code § 34-20-6-1. This means that while you can still recover damages if you’re partially at fault, you cannot recover compensation if your fault exceeds 50%.

Duty of Reasonable Care for Business Invitees

As a customer, you are considered a “business invitee.” This designation requires store owners to take reasonable steps to identify and remedy potential hazards. Examples include:

Regularly inspecting floors, aisles, and other areas for spills or debris.
Clearly marking wet floors or areas under repair.
Properly stacking merchandise to prevent falling items.
Maintaining sidewalks and parking areas, especially during winter months in Indiana when ice and snow accumulate.

When stores neglect these duties, they expose themselves to potential liability for injuries that occur as a result.

Common Hazards in Indiana Stores

Indiana stores, from grocery chains like Kroger to big-box retailers like Walmart, often encounter hazards that endanger customers. Here are some hypothetical scenarios of common risks that may illustrate store negligence:

► Wet Floors – A shopper at a Kroger in Indianapolis slipped on spilled milk in an aisle. No warning signs were present, and staff failed to clean the spill promptly.

► Improperly Stacked Merchandise – A Home Depot customer suffered cuts and a concussion after improperly stacked lumber fell on them.

► Outdoor Hazards – An elderly shopper slipped and fell on an icy entrance way at Walmart after staff failed to de-ice the sidewalk.

► Cluttered Aisles – A patron at Menards tripped over unmarked construction debris left in the aisle.

► Falling Objects – A Lowe’s customer sustained a head injury after being hit by an improperly secured promotional display sign.

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What to Do After an Injury on Store Premises

If you’ve been injured in a slip and fall accident or other store-related incident in Indiana, you have the right to file a premises liability claim. Here are the steps you should follow to protect your legal rights:

1. Seek Immediate Medical Attention

Your health should always be your first priority. Prompt medical care not only ensures your well-being but also establishes a clear record of your injuries, which can be vital for your claim.

2. Report the Incident to Store Management

Notify the store manager or owner immediately and request an official injury report. Make sure to get a copy of the report for your records. Failing to report the injury at the time of the incident could weaken your claim.

3. Document the Scene

Take photos of the hazard that caused your injury, such as a wet floor, debris, or icy pavement. If there are witnesses, ask for their contact information as they may be able to support your case.

4. Preserve Evidence

Avoid signing any documents or making statements to the store’s insurance company without consulting a store injury lawyer. Anything you say can be used against you. Similarly, refrain from posting about the accident on social media.

5. Consult a Premises Liability Lawyer

An experienced Indiana premises liability lawyer can guide you through the complex legal process of filing a premises liability claim. They can gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Compensation for Store Injuries

If your claim is successful, you may be entitled to various types of compensation, including:

Medical Expenses: Past, current, and future medical bills related to the injury.
Lost Wages: Compensation for time missed at work.
Pain and Suffering: Non-economic damages to account for emotional distress, reduced quality of life, and more.
Property Damage: If personal belongings were damaged in the accident, such as a broken phone or glasses.

How an Indiana Premises Liability Attorney Can Help

Navigating a premises liability claim can feel overwhelming, especially when you’re dealing with the aftermath of an injury. A skilled store accident lawyer can help by:

Conducting a thorough investigation to prove the store’s negligence.
Gathering critical evidence, such as maintenance records, surveillance footage, and witness statements.
Advising on Indiana’s comparative fault rule and how it applies to your case.
Handling all legal communications and negotiations with the store’s insurers.
Representing you in court if the claim cannot be resolved through settlement.

Indiana law imposes a statute of limitations for personal injury claims, which means you have two years from the date of the accident to file your lawsuit. Acting promptly is crucial to preserve evidence and strengthen your case.

Know Your Rights and Act Today

Every business, whether it’s a small grocery store, a big-box retailer, or even a local coffee shop, has a legal responsibility to maintain a safe environment for its customers. This means addressing potential hazards, such as wet floors, poorly lit areas, or uneven walkways, to prevent accidents. If you’ve been injured due to a store’s negligence, Indiana premises liability laws are in place to protect your rights and ensure accountability. These laws allow you to seek compensation for injuries caused by unsafe conditions that a business failed to address in a timely manner.

If you have been wrongly injured in or on the premises of an Indiana store, seek legal guidance right away. An experienced store injury lawyer can help you navigate the legal process and fight for the compensation you deserve. Just be sure to act fast while evidence is still fresh and while you still have time to file a claim under Indiana’s statutes of limitations.

To ensure you receive the compensation you deserve, consult Craven, Hoover & Blazek, P.C., today. Initial case evaluations are free of charge and we work on contingency—so we don’t charge you unless we are successful with your case.

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Understanding Your Legal Options After an Orthopedic Injury

Posted on May 9, 2025 by admin

Orthopedic injuries can disrupt your life in an instant. Whether it’s a fractured bone, a dislocated joint, or a spinal injury, the physical and emotional toll of these injuries is immense. Beyond the immediate pain, however, there’s also the burden of navigating the legal and financial challenges that often follow.

Understanding your legal options is crucial to ensuring you receive the care, support, and compensation you need to heal and move forward. This guide will walk you through common orthopedic injuries, their causes, and the legal pathways available to protect your rights and secure your future.

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Common Orthopedic Injuries

Orthopedic injuries refer to any damage or trauma to the musculoskeletal system, which includes bones, joints, ligaments, tendons, and muscles. These injuries can range from mild to severe. Here are some of the most common types:

1. Fractures

Fractures, or broken bones, are among the most frequent orthopedic injuries. They include:

Simple fractures (clean breaks)
Compound fractures (where the bone pierces the skin)
Stress fractures (tiny cracks caused by repetitive force)

2. Sprains and Strains

Sprains involve stretched or torn ligaments, often affecting areas like the wrist or ankle.
Strains involve overstretched or torn muscles or tendons.

3. Joint Dislocations

A dislocation occurs when a joint is forced out of its normal position, commonly in shoulders, elbows, and knees.

4. Spinal Injuries

Trauma to the spine, including a broken neck or back, can lead to devastating consequences, such as limited mobility or paralysis.

5. Knee Injuries

Knee injuries, like a torn ACL or a broken knee cap, are particularly common in workplace accidents and sports.

All these injuries require not only medical attention but, in many cases, legal assistance to ensure proper compensation if another party’s negligence contributed to the injury.

Common Causes of Orthopaedical Injuries

Orthopaedical injuries can occur in a variety of settings. Here are some common causes:

Accidents

Motor vehicle crashes, slips, trips, and falls are leading contributors to orthopedical injuries in Indiana and elsewhere. For instance, a broken back, neck, or knee cap injury can often result from these kinds of high-impact accidents.

Sports Injuries

Physical activities, especially high-impact sports, can lead to fractures, dislocations, and ligament tears. Indiana University Health Orthopedics & Sports Medicine specializes in treating these injuries, reflecting their prevalence across Indiana sports culture.

Workplace Incidents

Jobs with physical labor, such as construction, present high risks of orthopedic injuries. Under the Indiana Workers’ Compensation Act, employees injured on the job are entitled to workers’ compensation benefits, regardless of fault.

Medical Negligence and Defective Products

Orthopedical injuries may also result from medical negligence or defective products, such as malfunctioning orthopedic implants. Indiana’s Medical Malpractice Law and Product Liability Law allow injured parties to seek compensation in such cases.

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Legal Options After Wrongly Suffering an Orthopedic Injury

After sustaining an orthopedic injury as a result of another’s carelessness or negligence, understanding your legal rights within Indiana law is key. Here are the primary legal pathways to consider as a personal injury victim:

Personal Injury Claims

If your injury was caused by another party’s negligence (e.g., a reckless driver or property owner), you may be eligible to file a personal injury claim. Compensation could cover past, present, and future losses such as:

Medical expenses (hospital visits, physical therapy, surgeries)
Lost wages (during recovery)
Pain and suffering

Indiana follows a Comparative Fault Law, meaning your compensation may be adjusted based on the percentage of fault attributed to you.

Workers’ Compensation

For injuries sustained at work, Indiana law ensures most employees are entitled to workers’ compensation benefits, including:

Coverage for medical treatment
Wage replacement during time off work
Permanent disability benefits, if applicable

Disability Benefits

If your orthopedic injury leaves you unable to work long-term, you may qualify for certain disability benefits, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Orthopedic Malpractice Lawsuits

If improper medical care caused or worsened your orthopedic injury, filing a malpractice lawsuit can help recover damages. Indiana’s Medical Malpractice Law governs these claims and sets limits on potential compensation.

Product Liability Claims

If a defective product, such as an orthopedic implant or crutch, caused your injury or worsened your condition, you may have grounds for a product liability claim under Indiana law.

Common Mistakes to Avoid in an Orthopedic Injury Claim

After an orthopedic injury, certain missteps can harm your legal options. Be sure to avoid the following:

Failing to seek medical attention promptly
Not documenting the accident scene or injury
Providing recorded statements to insurance companies before consulting a lawyer
Missing filing deadlines under Indiana’s statute of limitations, which is generally 2 years for personal injury claims
Ignoring doctor’s orders, which can weaken your case

By being proactive and informed right from the start, you can maximize your chances of a successful outcome.

Seeking Legal Help is Critical

Navigating the complexities of Indiana’s personal injury and workers’ compensation laws can be overwhelming, especially when you’re focused on recovering. Consulting an experienced Indiana orthopedic injury lawyer is crucial for ensuring your rights are protected.

An attorney can:

Help prove negligence and secure maximum compensation
Handle communications with insurance companies
Ensure you meet filing deadlines
Advocate for your best interests in court, if needed
Get the best possible outcome to your claim

Local Indiana Resources

Indiana boasts several reputable organizations committed to supporting orthopedic injury victims:

Indiana Orthopedic Center: Comprehensive care for fractures, joint injuries, and more.
Indiana University Health Orthopedics & Sports Medicine: Specialized programs for sports injuries.

TAKE CHARGE OF YOUR RIGHTS AND RECOVERY

An orthopedic injury can feel like an uphill battle, but you don’t have to face it alone. By understanding your legal rights and seeking the right support, you can focus on healing while protecting your financial and emotional well-being.

If you or a loved one has experienced an orthopedic injury, contact our experienced team of personal injury attorneys at Craven, Hoover & Blazek, P.C. for a free consultation. We’ll help you evaluate your case and guide you every step of the way. Get in touch today to secure the compensation and care you deserve.

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Hiring a Child Injury Lawyer in Indiana: What Parents Need to Know

Posted on May 6, 2025 by admin

When your child suffers an injury, it can feel like your whole world is turned upside down. Beyond the immediate concern for their health and recovery, you’re often left grappling with medical bills, emotional stress, and uncertainty about what steps to take next. This is where hiring a qualified child injury lawyer can make all the difference.

This guide will walk you through the key aspects of hiring a child injury lawyer in Indiana, including understanding common causes of injuries, legal rights, compensation, and how to choose the right attorney. With the right legal expertise on your side, you can secure the justice and compensation your family deserves.

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Understanding the Role of a Child Injury Lawyer

A child injury lawyer is a legal professional who specializes in advocating for the rights of injured children. They work to identify the causes of injuries, prove negligence where applicable, and pursue compensation to cover medical expenses, lost income (for parents who need to care for the injured child), ongoing care, and emotional distress.

Navigating Indiana’s personal injury laws can be daunting for parents, especially while caring for an injured child. Having an experienced attorney handle the legal aspects allows you to focus on what truly matters—your child’s recovery.

Common Causes of Child Injuries in Indiana

Understanding how and why injuries happen is a crucial first step. Here are some of the most common causes of child injuries in Indiana and the corresponding legal implications.

1. Playground Accidents

Lack of maintenance, defective equipment, or inadequate supervision can lead to serious playground injuries. Indiana has specific safety standards for playgrounds, and a failure to meet these can constitute negligence.

2. Car Accidents

Motor vehicle accidents are one of the leading causes of child injuries in the United States, including Indiana. This includes accidents caused by reckless drivers, DUI incidents, or generally negligent drivers.

3. Defective Products

Dangerous toys, cribs, or other children’s products can cause injuries. A manufacturer’s failure to ensure safety through rigorous testing and responsible design or inadequate warnings could lead to product liability lawsuits.

4. Childcare Negligence

Childcare providers, such as daycare centers or babysitters, have a legal duty of care to keep children safe while under their supervision. Negligence in supervision or unsafe environments can result in severe injuries.

5. Premises Liability Accidents

Slippery floors, broken stairs, or unsafe environments on someone else’s property can lead to accidents. Property owners can be held accountable for failing to prevent hazards under Indiana’s premises liability laws.

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Legal Rights and Compensation for Injured Children

When a child is injured, Indiana law allows parents or guardians to file a personal injury lawsuit to secure compensation. Here’s what you need to know about your rights and potential outcomes.

Legal Concepts to Understand

Negligence: Establishing negligence means proving the party responsible for your child’s injury failed to act with reasonable care.
Duty of Care: This refers to the legal obligation to ensure the safety of your child in various settings, such as schools, playgrounds, or daycare centers.
Statute of Limitations: Indiana generally provides an extended timeline for filing personal injury claims involving minors. The clock typically starts when the child turns 18, giving families ample time to gather evidence and document their case. However, it is best to file suit much earlier to help ensure evidence preservation.

Types of Compensation

Medical Expenses: Includes current and future medical costs, such as surgeries, therapy, and rehabilitation.
Pain and Suffering: Compensation for the physical and emotional distress your child endures.
Parental Lost Wages: Reimbursement for income lost while providing care and support for the injured child.
Disability and Long-Term Care: Coverage for disabilities or injuries that require lifetime support.

Choosing the Right Child Injury Lawyer in Indiana

Picking the right attorney is a critical decision that can significantly impact the outcome of your case. Here’s what to look for when selecting a child injury lawyer in Indiana:

☑ Experience in Similar Cases
Choose an attorney with specific experience handling child injury lawsuits. They will understand the nuances of Indiana’s personal injury laws and be familiar with cases involving children.

☑ Proven Track Record
Ask about past cases and settlements. A lawyer with demonstrated success in collecting compensation for clients is a strong sign they can handle your case effectively.

☑ Communication and Empathy
A good attorney will be responsive, compassionate, and supportive throughout the process. They should be able to explain legal terms clearly and keep you informed at every stage.

☑ Contingency Fee Basis
Look for attorneys who work on a contingency fee basis, meaning you won’t pay unless they win your case. This can ease financial stress while you seek justice for your child.

Contact the Indianapolis law office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case review with our experienced child injury attorneys. With over 30 years of experience and millions and millions recovered in settlements, you can trust us to fight for your family’s rights.

Key Mistakes to Avoid After a Child Injury

Parents often make critical mistakes that can weaken their case. Avoid these common pitfalls to ensure the best outcome for your child’s injury lawsuit.

Delaying medical treatment
Failing to document the accident scene or preserve evidence
Accepting initial settlement offers from insurance companies without consulting a lawyer
Posting details about the injury on social media

Frequently Asked Questions

What types of compensation can I recover in a child injury case?

You may recover compensation for medical expenses, parental lost wages, pain and suffering, and lifetime care for severe injuries.

How long do I have to file a lawsuit for my child’s injuries in Indiana?

The statute of limitations typically extends until the child turns 18. However, acting sooner is essential to ensure evidence is preserved.

What does “negligence” mean in Indiana personal injury law?

Negligence refers to someone’s failure to exercise reasonable care, resulting in harm to another person, such as a child injured on a poorly maintained playground.

How much does it cost to hire a child injury lawyer in Indiana?

Many attorneys, including Craven, Hoover & Blazek, P.C., operate on a contingency fee basis, meaning you won’t pay unless your case is successful.

How can a child injury lawyer help with my case?

A lawyer will guide you through the legal process, gather evidence, negotiate with insurance companies, and fight for maximum compensation on your behalf.

What happens with the settlement or verdict monies?

Depending on the net amount to the child, a guardian may have to be appointed and court approval obtained before a proposed settlement is valid. One parent is usually appointed as guardian over the proceeds and the court will require the guardian and their attorney to ensure and provide proof to the court that the settlement proceeds are placed into a protected account where the monies cannot be removed without a court order before the child turns 18. Once the child turns 18, the child may petition the court to release their settlement monies to them.

PROTECT YOUR CHILD’S RIGHTS TODAY

When your child has been injured due to someone else’s negligence, the road to recovery can be overwhelming. Seeking legal assistance from an experienced child injury lawyer is crucial to securing fair compensation and holding those responsible accountable.

At Craven, Hoover & Blazek, P.C., we’re here to support you every step of the way. Contact us today at 317-881-2700 to book a free initial consultation with a seasoned child injury lawyer in Indianapolis. Together, we’ll fight for your child’s future.

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Civil vs. Criminal: Indiana Injury Claims

Posted on April 25, 2025 by admin

Indiana residents seeking to understand personal injury claims often find themselves asking an important question: Why is a personal injury claim considered a civil case and not a criminal one? The distinction between civil vs. criminal cases can feel confusing, especially for those unfamiliar with the legal world.

This post breaks down the essential differences between civil and criminal cases, explains why personal injury claims are handled under civil law, and provides valuable insight into Indiana’s legal framework for personal injury cases. By the end, you’ll have clarity on why your Indiana personal injury claim is a civil matter and what to expect during the process.

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What Are Civil and Criminal Cases?

At a high level, there are two primary types of legal cases in the United States: civil and criminal.

▷ Criminal Cases involve actions that are considered offenses against the state or society as a whole, such as battery charges or arson charges. The government prosecutes the accused, and penalties typically include fines, probation, or jail time.

▷ Civil Cases, on the other hand, address disputes between individuals or entities. These cases typically involve compensation or specific remedies rather than punishment. Common civil cases include contract disputes, divorce, and personal injury claims.

For personal injury victims in Indiana, this distinction is key. Your injury claim is not about someone being punished by the state but about seeking compensation for the harm you’ve suffered.

Why Personal Injury Claims Are Civil Cases

Personal injury claims fall under a branch of civil law known as tort law. A tort is a wrongful act or an infringement of someone’s rights that leads to harm or injury.

The purpose of tort law is to provide remedies to individuals who have been wronged, usually by awarding monetary damages. This is why personal injury cases are handled in civil courts rather than criminal courts.

To illustrate, consider this example:

If someone intentionally sets a fire that causes harm, the state may file arson charges against them in a criminal case. These are known as intentional torts.
Separately, the injured party can file a personal injury claim under civil law to recover compensation for medical expenses, lost wages, and other damages.

These two cases may involve the same event but serve entirely different purposes.

Burden of Proof in Civil vs. Criminal Cases

One major distinction between civil and criminal cases is the burden of proof.

▷ Criminal Cases require proof “beyond a reasonable doubt,” meaning the evidence must be so convincing that there is no reasonable way to question the guilt of the accused. This is a high standard because the stakes (e.g., jail time) are high.

▷ Civil Cases, including personal injury claims, require a lower burden of proof. Known as “preponderance of the evidence,” this means the plaintiff must show that it is more likely than not (over 50%) that the defendant’s actions caused the harm.

Under Indiana Rule of Evidence 101, this lower standard ensures that victims can pursue compensation even when the evidence doesn’t meet the stricter requirements of a criminal case.

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Examples of Personal Injury Scenarios

To further clarify why personal injury claims are civil cases, here are a few examples of scenarios that would fall under civil law in Indiana:

Car Accidents: A distracted driver causes a collision, leaving you with medical bills and vehicle damage. You could file a personal injury claim to recover those costs.
Slip and Fall: You slip on a wet floor in a store with no warning sign, resulting in a broken wrist. This could lead to a premises liability claim under personal injury law.
Defective Products: A faulty appliance causes a fire in your home, leading to property damage. You could file a product liability case to recover compensation.

These cases aim to compensate victims for their losses, not to punish the at-fault party with criminal charges.

Compensation in Civil Cases

A key focus of Indiana personal injury claims is securing compensation, also known as damages. There are several types of damages available in civil cases, including the following:

1. Economic Damages

These cover quantifiable financial losses, such as:

Medical bills and rehabilitation costs
Lost wages or future earning capacity
Property damage

2. Non-Economic Damages

These cover less tangible harms, including:

Pain and suffering
Emotional distress
Loss of enjoyment of life

3. Punitive Damages

Though rare in Indiana, punitive damages may be awarded when the defendant’s actions are especially reckless or intentional. However, these are more common in high-profile cases with clear evidence of gross misconduct.

Under Indiana’s Comparative Fault Act (IC 34-23-1-1), the amount of compensation you receive in a personal injury case can also depend on your level of fault in the incident. For example, if you were found 20% at fault for an accident, your damages would be reduced by 20%.

Additionally, Indiana’s statute of limitations for personal injury cases (IC 34-11-2-4) requires that claims be filed within two years of the injury, so it’s essential to act quickly.

Common Misconceptions About Personal Injury Claims

Misunderstandings about civil vs. criminal cases can complicate the process for personal injury victims. Here are some common misconceptions to clear up:

▷ Belief: Criminal charges will automatically be filed if someone is injured.
▷ Reality: Criminal cases depend on law enforcement and prosecution decisions, whereas personal injury claims are initiated by the victim.

▷ Belief: A criminal trial determines the outcome of a personal injury claim.
▷ Reality: These are separate legal processes that do not directly influence one another.

▷ Belief: Jail time is a possible outcome in a personal injury case.
▷ Reality: Civil cases focus on financial compensation, not criminal penalties like imprisonment.

Understanding these differences is crucial for anyone navigating personal injury law in Indiana.

What to Do Next

Now that you understand why personal injury claims are considered civil cases and how they function under Indiana law, the next step is to take action to protect your rights. This involves gathering evidence, understanding the legal process, and consulting with an experienced attorney who can guide you through every step of your claim. Acting promptly is crucial to ensure you meet deadlines and build a strong case for fair compensation.

If you’ve been injured due to someone else’s negligence, contact Craven, Hoover & Blazek, P.C. today for a consultation. Our experienced personal injury attorneys can guide you through the process, ensuring that your claim is filed within the statute of limitations and maxing out the compensation you deserve.

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Seeking Permanent Disability Damages as a Personal Injury Victim in Indiana

Posted on April 15, 2025 by admin

Sustaining a permanent disability as a result of an accident can be life-changing, affecting not only your physical abilities but also your financial and emotional well-being. For personal injury victims in Indiana, understanding how to seek permanent disability damages can mean the difference between financial strain and securing the support you need to rebuild your life.

This post will guide you through the essential aspects of pursuing permanent disability damages in Indiana, from understanding what qualifies as a permanent disability to the types of damages available, how to prove your case, and common mistakes to avoid.

Call 317-881-2700 to Schedule a No-Fee Consultation With a Disability Injury Lawyer in Indianapolis Indiana

What Constitutes Permanent Disability in Personal Injury Cases?

Before filing a claim, it’s important to understand how permanent disability is defined under Indiana law. Permanent disability refers to long-term or lifelong impairments caused by an accident or injury. These impairments can limit your ability to work, care for yourself and your family, and enjoy life as you did before the incident.

Types of Disabilities Explained for Worker Compensation and Personal Injury Cases

Temporary Total Disability (TTD): A short-term condition where you’re unable to work during recovery.
Temporary Partial Disability (TPD): Temporary injuries that partially impact your ability to perform work duties.
Permanent Total Disability (PTD): Long-term disabilities that make returning to any meaningful work unlikely or impossible.

When evaluating eligibility, courts and juries consider factors like the severity of your injury, your medical prognosis, and your ability to work post-recovery.

Types of Permanent Disability Damages You Can Seek

If you qualify for a permanent disability rating, you may be eligible to recover the following types of compensation, collectively referred to as personal injury damages.

1. Medical Expenses

Indiana law allows victims to recover the cost of current and future medical treatments related to their disability. Covered expenses may include hospital stays, surgeries, rehabilitation, physical therapy, and the cost of medical devices like wheelchairs.

2. Lost Wages, Future Lost Wages and Future Earning Potential

Losing the ability to work can be devastating for both you and your family. Courts and juries will calculate compensation for:

Wages lost during recovery.
Diminished earning capacity if you can no longer perform certain work due to your injury.
Future lost wages if you are unable to engage in future employment.

3. Pain and Suffering

Non-economic damages, like your physical pain and emotional suffering, are harder to quantify but equally significant. Indiana courts and juries may consider the extent to which your injury has negatively impacted your quality of life.

4. Other Related Expenses

You can also claim compensation for other costs associated with your disability, such as home modifications or the need for ongoing in-home care.

How to Prove Permanent Disabilities in Indiana

Proving permanent disability is one of the most critical components of your case. Without sufficient evidence, securing compensation can become an uphill battle. Here’s how you can document a strong claim.

Collect Comprehensive Medical Evidence

Obtain detailed documentation of your injury from healthcare providers. Key evidence includes medical records, diagnostic test results, and your treating physician’s testimony supporting the permanence of your disability. Your attorney will obtain this information for you.

Secure a Permanent Disability Rating

In a worker compensation case, Indiana uses disability ratings as a benchmark for determining compensation. A physician may assess your level of impairment and assign a percentage rating based on how the disability affects your overall function. This rating is crucial for calculating damages.

Collaborate with Expert Witnesses

Engaging expert witnesses is necessary for your case, especially when dealing with contested claims. Their specialized knowledge and professional insights can provide clarity, credibility, and persuasive evidence to support your arguments, making them an invaluable asset in legal disputes.

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The Role of Expert Witnesses Such Cases

Expert witnesses can provide valuable insight to support your claim. Here are two types of expert witnesses often used in Indiana personal injury cases:

Medical Experts: These professionals testify to the nature of your injury, its severity, and its long-term implications. Their opinions lend credibility to your claim of permanent disability.
Vocational Experts: Vocational experts analyze how your disability impacts your ability to work. They may testify about the types of jobs you can (or cannot) perform and your reduced earning capacity moving forward.

Understanding Indiana Laws on Permanent Disability Claims

Indiana has specific statutes and precedents governing personal injury and permanent disability claims. Understanding these laws can help ensure your case is built on a solid foundation.

Key Statutes and Precedents

Indiana Code § 34-23-1-1: This statute governs personal injury actions, including claims for damages related to permanent disability.
Indiana Rules of Evidence: These rules determine what evidence is admissible in court, including expert witness testimonies.
Indiana Pattern Jury Instructions: These instructions guide juries in awarding damages, including compensation for permanent disability.

Common Mistakes to Avoid When Seeking Permanent Disability Damages

To give your case the best chance of success, steer clear of these common pitfalls.

► Failing to Seek Immediate Medical Care
Always seek prompt medical attention after an injury and follow your doctor’s instructions.

► Not Documenting Enough Evidence
Thoroughly document all medical treatments, expenses, and other related costs to ensure you can prove the full extent of your losses.

► Neglecting Expert Testimony
Expert witnesses can make or break your case, especially when it comes to proving diminished earning capacity and quality of life impacts.

► Attempting to Handle Your Case Alone
Indiana personal injury law is complex, and having an experienced attorney by your side will significantly improve your chances of securing full and compensation. Failing to follow the law can be fatal to your possible case so it is vital to obtain an attorney.

Seeking Legal Assistance for Your Disability Claim

Navigating the process of filing for permanent disability damages can be overwhelming. An experienced personal injury attorney in Indianapolis can:

✅ Help you gather and organize the necessary evidence.
✅ Identify and engage credible expert witnesses.
✅ Advocate for your rights to ensure you receive full and fair compensation.

If you or a loved one has suffered a permanent disability due to an accident in Indiana, don’t leave your future to chance.

Final Thoughts

When facing the challenges of a permanent disability, securing the compensation you deserve can provide a sense of control and stability. By understanding Indiana’s legal framework, documenting a strong case, and avoiding common mistakes, you can improve your chances of reaching a successful outcome.

If you’re ready to start the process, reach out to our experienced attorneys at Craven, Hoover & Blazek, P.C. at 317-881-2700 for guidance and support at every step of the way. Our team has collected millions of dollars in settlements and jury verdicts for our clients over the last 30 years, so we know how to obtain the maximum award for your claim.

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Deciphering the Complexities of Big Box Store Slip and Fall Claims in Indiana

Posted on April 11, 2025 by admin

Slip and fall accidents in big box stores are more common than many realize. Whether it’s a slick entryway, a hazardous spill, or poorly maintained flooring, such accidents can lead to serious injuries with lasting ramifications. But navigating the legal complexities surrounding slip and fall claims in Indiana can be daunting without the right guidance.

This blog post will unravel the intricacies of big box store slip and fall claims, providing Indiana residents, accident victims, and legal advice seekers with the insights they need to understand their rights, the role of negligence, and the steps they should take to seek compensation.

SAN DIEGO, CA/USA – JANUARY 13, 2018: Costco Wholesale store exterior. Costco Wholesale Corporation is a membership-only store and second largest retailer in the United States.

Big Box Stores and Their Legal Obligations

Big box stores are massive retail outlets that sell a wide range of goods, often at discounted prices. Their size and foot traffic make them common hotbeds for slip and fall accidents. Examples like Walmart, Lowe’s, Menards, Sam’s Club, Home Depot, BJ’s Wholesale, and Costco attract thousands of customers across Indiana daily.

These expansive retailers also carry an equally large responsibility to provide a safe environment for their patrons. This legal obligation falls under premises liability laws, which dictate that store owners and operators must take reasonable steps to ensure their premises do not pose unnecessary risks to customers.

If a store fails to find and address potential hazards promptly or neglects to maintain the premises safely, they can be held liable for any injuries that occur as a result.

Common Causes of Slip, Trip and Fall Accidents

Understanding what leads to slip, trip, and fall accidents is crucial for proving liability in your claim. Among the most common causes in big box stores are:

Wet Floors: Spills that have not been addresses or recently mopped areas with no warning signs.
Cluttered Aisles: Items left in walkways, creating tripping hazards.
Uneven Surfaces: Torn carpets, broken tiles, or cracks in the floor.
Poor Lighting: Dimly lit areas that obscure hazards.
Weather Hazards: Accumulated rain or ice near store entrances or in parking lots.

Each of these issues can be tied to store owner responsibility, a critical component of any slip and fall claim.

Steps to Take Immediately After a Slip and Fall Accident

If you’re involved in a slip and fall accident in a big box store, acting swiftly and strategically can significantly improve the outcome of your claim. Here’s what you should do:

Seek Medical Attention: Your health is the top priority. Even if your injuries feel minor at the time, getting evaluated by a healthcare professional is crucial for both recovery and documentation.
Report the Accident: Notify the store manager immediately and ensure an accident report is filed and request that they retain all surveillance video of the area where you fell for the entire day. Request a copy of the report for your records.
Document the Scene: Take photos or videos of the hazard, your injuries, and the surrounding area. Note key details like the time and location of the incident.
Collect Witness Information: If others saw the accident, ask for their contact information. Witness testimony can bolster your claim.
Avoid Speaking with Insurance Adjusters Alone: Anything you say could be used to minimize your compensation. Consult with a premises liability lawyer before engaging with the store’s insurance company.

Gathering Evidence to Prove Your Claim

Proving a slip and fall claim hinges on evidence. The more comprehensive your documentation, the stronger your case. Key pieces of evidence include:

Photos/Videos: Capturing the hazard that caused your accident—as well as the layout of the store—is critical. Your attorney will seek to obtain any surveillance video.
Medical Records: These help establish the connection between the accident and your injuries.
Accident Reports: Filed with the store, these reports serve as a record of the incident.
Witness Statements: Independent witnesses lend credibility to your account.
Surveillance Footage: Many big box stores have cameras, which could provide valuable evidence of the accident.

The Role of Negligence in Premises Liability Cases

For a slip and fall claim to succeed, you must prove negligence. This means showing that the big box store failed to uphold its duty of care by not looking for, finding and addressing and/or warning you about the hazard.

Negligence can involve directly causing unsafe conditions, failing to correct hazards, or not having procedures in place to identify risks proactively.

Learn More About Indiana Slip and Fall Claims

Understanding Indiana’s Comparative Fault Rule

Indiana operates under a comparative fault rule, meaning that the compensation you can recover can be reduced if you are found partially at fault for the accident. For example, if the court or jury determines you were 20% responsible and your total damages are $100,000, you would receive $80,000.

However, if you are deemed more than 50% at fault, you cannot recover any damages. This makes it critical to work with an experienced slip and fall lawyer who can help minimize your alleged share of fault and maximize your compensation.

Damages You Can Recover in a Slip and Fall Claim

Victims of slip and fall accidents in Indiana can seek a variety of damages, including:

Medical Expenses: Both current and future costs related to your injuries.
Lost Wages: Compensation for the income you’ve lost due to your inability to work while recovering or future lost wages.
Pain and Suffering: Non-economic damages for the physical and emotional distress and pain and suffering caused by the accident.
Loss of Quality of Life: Applicable in cases where injuries result in long-term disability or reduced functionality, even if for a set time period until you are healed.

Why You Need an Attorney for Big Box Store Accident Claims

Slip and fall cases against big box stores can be complex. These stores have robust legal teams and insurance adjusters who work to minimize liability and payouts. Aligning with an experienced premises liability lawyer in Indiana ensures your case is handled effectively.

Craven, Hoover & Blazek, P.C. has extensive experience representing Indiana premises liability cases. Over the last 30 years, we’ve secured millions and millions of dollars in settlements and verdicts for our clients for victims of slip and fall accidents in big box stores like Walmart, Lowe’s, Kroger and Menards. We know what it takes to stand up to large corporations and get results.

In Summary

Navigating the legal process after a slip and fall accident at a big box store can feel overwhelming. But you don’t have to face it alone. With the right legal representation, you can protect your rights, seek full and fair compensation, and focus on your recovery.

If you’ve suffered a slip and fall accident in Indiana, don’t wait to get the help you need. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 for a free consultation with a trusted Indianapolis premises liability lawyer. Reach out to us to start your journey toward justice and closure.

Schedule Your No-Fee Consultation Now

Top 7 Big Box Stores in Indianapolis and How to File a Slip and Fall Claim at Each

Posted on March 28, 2025 by admin

Slip-and-fall accidents can happen unexpectedly, especially in big box stores where busy aisles, spilled liquids, or poorly maintained floors may be present. If you or someone you know experiences a slip-and-fall accident in Indianapolis at stores like Walmart, Lowe’s, Meijer, Kroger, Home Depot, Menards, or Costco, knowing what steps to take afterward can make all the difference in securing compensation and addressing your injuries.

This guide outlines the actions you need to take right after an incident and includes detailed store-specific reporting information to help you document your case effectively. You’ll also learn the legal considerations and why consulting a premises liability attorney can be critical to your claim.

Call 317-881-2700 to Speak With an Experienced Slip and Fall Attorney in Indianapolis

General Steps to Take After a Slip and Fall Accident in Indianapolis

If you’ve slipped and fallen in one of these big box stores, here’s what you should do immediately to protect yourself and strengthen your case for reporting the incident.

1. Document the Scene

Take detailed photographs of the scene right after the fall. Capture what caused the accident (e.g., wet floor, loose wires, poor lighting). Note the time, date, and any store conditions.

2. Report the Incident

Find the store manager or supervisor. Reporting the accident immediately ensures there’s an official record. Most stores will require an incident report to be filled out on-site.

3. Seek Medical Attention

Even if your injuries seem minor, seek medical care immediately. Pain or complications may develop later, and medical records are vital evidence for your case.

4. Collect Witness Contact Details

If anyone saw your fall, ask them for their names and contact information. Their testimony could help validate your claim later.

5. File a Slip and Fall Complaint

Make sure you document every detail when filing a report. Keep a copy of what you submit to the store for your personal records.

6. Consult a Slip and Fall Attorney

Indiana law follows the concept of premises liability, meaning businesses must maintain safe environments for patrons. An Indianapolis premises liability lawyer can help you determine how to move forward under these laws.

Now, let’s break down what to do specifically at each of these major stores in Indianapolis.

What to Do at Each Big Box Store in Indianapolis

☑ Walmart

Address: 7325 N Keystone Ave, Indianapolis, IN 46240
Phone: (317) 202-9720

At Walmart, immediately report your slip and fall to the store manager. Ask for a copy of the incident report and details of their claims process. Walmart often routes these complaints to Sedgwick, the company handling liability claims.

Access their main customer service team if needed at 1-800-WALMART for updates on your claim.

☑ Lowe’s

Address: 8801 S Emerson Ave, Indianapolis, IN 46237
Phone: (317) 865-7500

At Lowe’s, speak directly with a manager or assistant manager about the accident. They will guide you through filling out a formal incident report. Additionally, you can contact their Risk Management department for follow-ups at 1-800-445-6937.

Ensure your report includes any contributing environmental factors such as spills or poor aisle maintenance.

☑ Meijer

Address: 56 S Raceway Rd, Indianapolis, IN 46231
Phone: (317) 209-2800

After a slip and fall at Meijer, locate the store director or manager immediately. They typically require an accident report to be completed.

Meijer’s corporate department may handle the claim, so make sure to ask how to stay updated on your complaint’s status.

☑ Kroger

Address: 3361 Kentucky Ave, Indianapolis, IN 46221
Phone: (317) 381-0914

At Kroger, notify the store manager as soon as possible after your fall. Kroger’s company policy requires all incidents to be officially documented. For claims, Kroger sometimes uses Broadspire to handle the reporting process.

Customer Service Number: 1-800-KROGERS

☑ Home Depot

Address: 3902 N High School Rd, Indianapolis, IN 46254
Phone: (317) 293-4256

If your accident occurs at Home Depot, find the manager to file an incident report immediately. They may refer you to their insurance provider for claims. Keep all your documentation in case you need to escalate to their Legal or Risk Management Department.

Contact their customer service team at 1-800-466-3337.

☑ Menards

Address: 7140 S Emerson Ave, Indianapolis, IN 46237
Phone: (317) 859-3700

At Menards, incidents should be reported to the General Manager on duty. They will guide you through submitting a slip and fall complaint. Additionally, ask how you can contact their claims department in case you need further assistance.

☑ Costco

Address: 6110 E 86th St, Indianapolis, IN 46250
Phone: (317) 558-1453

Costco requires that all incidents be reported directly to the store’s manager. Make sure to ask for a copy of the incident report for your records. For assistance with claims, you can contact Costco’s member services at 1-800-774-2678.

Why You Should Consult with a Premises Liability Attorney

Even if everything appears to be handled properly with the store, consulting an experienced slip and fall attorney is crucial to ensure your rights are protected. Here’s why legal support matters in these cases:

Premises Liability Expertise: Indiana’s premises liability laws hold stores accountable for maintaining safe environments. Experienced attorneys can interpret and apply these laws effectively.
Building a Case: Slip and fall cases often require significant evidence, from medical records to witness statements and incident reports. A lawyer helps you gather and organize it all.
Maximizing Compensation: A lawyer ensures you’re compensated not just for your hospital bills and medical costs, but also for lost wages, emotional distress, and inconvenience.

Look for a local Indiana premises liability lawyer with experience in slip and fall case law to discuss your rights and options after an incident.

In Summary

No one plans for a slip and fall, but taking the right steps can make a significant difference in protecting your health, financial security, and legal rights. Whether your accident happened at Walmart, Lowe’s, Kroger, or any other Indianapolis retail location, documenting the incident thoroughly and consulting a lawyer should be high priorities.

If you’re unsure where to start, reach out to an experienced premises liability attorney in Indianapolis. They’ll guide you on Indiana law and help you build a strong case for your slip and fall claim.

Don’t wait until it’s too late to act. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned slip and fall attorney in Indianapolis, Indiana. We have successfully represented premises liability cases for many injured victims, including accidents that have occurred in big box stores like Walmart, Lowes, and Menards. We have collected millions and millions of dollars in settlements and jury verdicts for our clients over the last 30 years. Do not wait – act now while you still have time!

Signs You Need Legal Advice for Your Auto Accident Case

Posted on March 26, 2025 by admin

Navigating the aftermath of an auto accident can be overwhelming. Between unexpected medical bills, disputes about fault, and dealing with insurance companies, it might be difficult to know when you need professional legal guidance. Understanding the signs that point to the need for legal advice can make all the difference in your case, helping you secure the compensation you deserve.

Whether you’ve suffered severe injuries, are facing insurance disputes, or live with long-term consequences, this guide will help you determine when to seek legal counsel for your auto accident case.

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When to Seek Legal Help With an Auto Accident Case in Indiana

Consulting with a professional legal advisor, such as a car accident lawyer, is an important first step toward recovering the rightful justice you deserve as an auto accident victim. Here are the signs that may tell you it’s time to make the call:

Injuries and Medical Bills

If your accident resulted in severe injuries, the road to recovery might come with mounting medical costs including hospital stays, surgeries, or therapies. Indiana law allows accident victims to file compensation claims for injury-related expenses, but the process can be complex when significant sums are at stake. An auto accident lawyer ensures that your injuries and medical expenses are properly documented and accounted for in your case.

Disputes Over Fault

Indiana follows a “comparative fault” rule, meaning your compensation can be reduced if you are found partially responsible for the accident. For example, if you are deemed 20% at fault, your potential settlement would be reduced by 20%. If there’s a dispute about fault, legal expertise can prevent unfair blame being assigned to you and protect your claim.

Insurance Company Disputes

Insurance companies often prioritize profit over policyholders, sometimes minimizing claims or denying them altogether. If you’re receiving settlement offers that seem unfair or are experiencing delays in communication, it’s a clear sign you need professional legal help. Attorneys are skilled negotiators who can take on these companies to ensure that you’re offered a fair settlement. It is best to speak with an auto accident attorney in Indianapolis as soon as possible after your automobile collision.

Long-Term or Permanent Disability

For injuries causing long-term or permanent disability, legal representation is crucial. Such cases often involve complex calculations to account for future medical needs, lost income, and diminished quality of life. An attorney can ensure these factors are properly factored into your car accident claim.

Benefits of Seeking Car Accident Legal Assistance

Understanding Your Rights

Indiana personal injury laws can be hard to interpret, especially when you’re dealing with the stress of an accident. A qualified car accident attorney will help you understand your legal rights and options, ensuring you’re informed every step of the way in your car accident lawsuit.

Negotiating with Insurance Companies

Insurance adjusters are skilled at offering lowball settlements to accident victims. Attorneys leverage their expertise to negotiate on your behalf, ensuring that your compensation reflects the true value of your damages.

Building a Strong Personal Injury Case

From gathering evidence like police reports and medical documents to interviewing witnesses, a lawyer builds a compelling case that strengthens your car accident settlement. Their expertise ensures no critical element of evidence is overlooked.

Peace of Mind

Managing a car accident lawsuit while recovering can be stressful. An attorney lightens that burden, guiding you at every step so you can focus on healing while they handle the legal complexities.

FAQs About Indiana Auto Accident Claims

What should I do immediately after a car accident in Indiana?

After an accident, prioritize safety and health. Call 911, seek medical attention, take photos of the scene, exchange information with other drivers, and report the incident to your insurance.

How is fault determined in an Indiana auto accident case?

Fault is determined through evidence like police reports, witness statements, and accident reconstruction, with Indiana’s comparative fault law affecting compensation.

What is comparative fault analysis, and how does it affect my claim in Indiana?

Under comparative fault, your compensation is reduced by your percentage of responsibility. If you’re over 50% at fault, you cannot recover damages.

What damages can I recover in an Indiana auto accident case?

You may recover compensation for medical bills, lost wages, property damage, pain and suffering, and more, depending on the circumstances.

How long do I have to file a lawsuit in Indiana?

Indiana’s statute of limitations for personal injury is two years from the date of the accident. Filing beyond this deadline could affect your ability to recover damages.

How can an attorney help with my auto accident claim?

An auto accident attorney in Indianapolis provides critical support by gathering evidence, negotiating with insurers, explaining Indiana personal injury laws, and advocating for your best interests.

What if the at-fault driver is uninsured or underinsured in Indiana?

You can file a claim with your own uninsured/underinsured motorist policy if the at-fault driver lacks adequate coverage. Assistance from an auto accident lawyer can simplify the process.

How much does it cost to hire an auto accident lawyer?

Many law firms maintain a contingency payment model, meaning they only collect fees if they are successful with your case. This ensures legal representation is accessible to accident victims.

KEY TAKEAWAYS

Auto accidents can change your life in an instant, bringing challenges you may not be equipped to handle alone. From disputes over fault to navigating insurance companies, these are signs that professional legal help is likely in your best interest.

If you’re navigating the effects of an auto accident in Indiana and need expert guidance for your auto accident claim or car accident lawsuit, don’t wait. Reach out to an experienced attorney today and get the support you deserve.

When the stakes are high and you need a trusted ally, we’re here to help. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned auto accident lawyer in Indianapolis, Indiana. Our seasoned legal team provides free case reviews to accident victims like you, ensuring that your rights are protected and your path forward is clear. Do not wait – act now while you still have time! We have successfully represented many injured victims in automobile collision and semi-collision cases. And because we work on a contingency fee basis, you do not pay any lawyer fees unless we win their case for them.

How to File a Personal Injury Claim for an Injured Minor in Indiana

Posted on March 12, 2025 by admin

When a child is injured due to someone else’s negligence, it can be one of the most challenging experiences for a parent or guardian to endure. Beyond the emotional toll, there are medical expenses, rehabilitation costs, and concerns about the long-term impact on your child’s well-being. Understanding how to file a personal injury claim for a minor in Indiana can help ensure that your child receives the compensation they deserve to cover these challenges.

This guide will walk you through Indiana’s laws on juvenile injury claims, step-by-step instructions on filing a claim, and potential challenges you may face. Armed with this knowledge, you’ll be better equipped to protect your child’s future.

Call 317-881-2700 to Learn More About Child Injury Claims in Indianapolis Indiana

Understanding Indiana’s Laws on Minor Injury Claims

When a child under 18 is injured in Indiana, special legal rules apply to ensure their rights are protected. Minors cannot legally file a personal injury claim on their own because they lack legal standing. Instead, a parent or legal guardian must file on their behalf.

Here are some of the key legal concepts you need to know when pursuing a child injury claim in Indiana:

Attractive Nuisance Laws

Indiana follows the “attractive nuisance doctrine,” which holds property owners accountable if their property has hazards (like an unfenced pool or abandoned machinery) that may attract children who cannot understand the risk. Proving negligence under this law could significantly impact your child injury claim.

Negligent Supervision

If your child’s injury resulted from someone else’s lack of supervision (e.g., a caretaker failing to protect your child from harm), you may be able to pursue legal action for negligent supervision.

Personal Injury Damages for Minors

When filing an injury claim for a minor, you can seek compensation for:

Medical Expenses: Current and future medical bills.
Pain and Suffering: Compensation for your child’s physical and emotional distress.
Loss of Future Income: If the injury impacts your child’s future earning ability.
Permanent Disability or Scarring: Damages for long-term physical impairment or scars.

Step-by-Step Guide to Filing a Claim

Navigating the process of filing a juvenile injury claim can be overwhelming but breaking it down into steps makes it more manageable. Here’s a quick guide to show you how it might look:

1. Seek Medical Attention First – The first priority after an injury is ensuring that your child receives immediate medical treatment. A detailed medical record will serve as evidence of the injury’s severity and link it to the accident.

2. Document the Incident – Thorough documentation is critical. Take photos and video of the scene where the injury occurred, the hazard responsible, and your child’s injuries. Collect names and contact information of any witnesses.

3. Establish Negligence – To succeed in a personal injury claim, your attorney must demonstrate that the responsible party was negligent. This typically involves proving:

A duty of care was owed to your child.
The party breached that duty of care.
The breach caused the injury.
The injury resulted in damages (e.g., medical expenses, pain, and suffering).

4. Calculate Personal Injury Damages – Work with a legal expert to assess the full scope of losses—monetary and non-monetary—caused by the injury.

5. File the Claim Through the Court – File the juvenile injury claim on behalf of your minor. Be sure to include all necessary documentation, including medical records, photographic evidence, and proof of negligence.

6. Settle or Go to Trial – Insurance companies may offer a settlement but it will be a lowball offer. If no fair agreement is reached, you may need to take the case to court with the help of an attorney.

Statute of Limitations and Time Restrictions

Indiana law imposes strict deadlines for filing a personal injury claim for a minor, which is known as the statute of limitations. Typically, you have two years from the date of the injury to file a claim.

However, there’s an exception for minors. The clock may “toll” (pause) until the child reaches the age of 18, giving them (or their guardians) more time to file. That said, certain circumstances—such as claims against government entities—may come with even shorter deadlines. Consulting a legal expert is crucial to avoid missing these time-sensitive windows.

Potential Challenges and How to Overcome Them

Filing a child injury claim can come with its fair share of hurdles. Being aware of these challenges can help you prepare:

Proving Liability

The other party (or their insurance company) may argue that they were not responsible for the injury. Strong evidence, witness statements, and legal support are vital in building a compelling case.

Valuing Non-Economic Damages

Calculating intangible damages like pain and suffering for a child is complex. Collaborate with experts who understand how to place appropriate monetary value on these intangible yet significant losses.

Insurance Company Pushback

Insurance companies will try to minimize the payout, claiming the injury is less severe than documented. A skilled personal injury attorney can negotiate with insurers on your behalf and ensure that your claim is not undervalued.

The Role of a Personal Injury Attorney

Navigating the complexities of Indiana personal injury law can be intimidating, especially when your child’s well-being is at stake. This is where a personal injury attorney comes in.

A qualified legal expert can:

Evaluate the merits of your case and advise if you have a strong claim.
Handle negotiations with insurance companies to secure a fair settlement.
Collect evidence, work with expert witnesses, and establish negligence.
Represent your child’s best interests in court, if needed.

Additionally, hiring an attorney allows you to focus on caring for your child while your attorney handles the legal burdens.

In Summary

No parent wants to think about their child being hurt, but when injuries do happen, taking the right steps is essential to securing their future. Filing a personal injury claim not only ensures compensation for current expenses but also provides for your child’s long-term care and recovery.

Navigating the complexities of juvenile injury claims should not be something you manage alone. Consulting with a knowledgeable attorney who specializes in personal injury law will make all the difference. If your child has been injured and you want to learn more about your options, don’t hesitate—reach out for a free consultation today.

You deserve financial justice for your injured child, and with our help, you can get it. Contact the law office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case assessment with an esteemed child injury lawyer in Indianapolis, Indiana. Our team has collected millions of dollars in settlements and jury verdicts for our clients over the last 30 years, so we know how to obtain the maximum award for your claim. We represent victims all throughout the state and Indiana residents injured in other states.

Empowering Indiana’s Injured: Legal Insights for Personal Injury Cases

Posted on February 18, 2025 by admin

Navigating the aftermath of a personal injury can be overwhelming, especially when dealing with the physical, emotional, and financial repercussions. For Indiana residents, understanding the legal landscape is crucial to securing rightful compensation. This comprehensive guide will walk you through Indiana’s personal injury laws, the steps to take after an injury, and the importance of seeking legal counsel. By the end, you’ll be equipped with the knowledge and resources to confidently pursue your claim.

Call 317-881-2700 to Speak With Our Indiana Injury Lawyers

What You Need to Know About Indiana Personal Injury Laws

Indiana’s personal injury laws provide the framework for how claims are processed and resolved. One critical aspect is the statute of limitations, which sets a two-year deadline from the date of the injury to file a lawsuit. Missing this deadline can result in losing your right to seek compensation, underscoring the urgency of acting promptly.

Another key component is Indiana’s comparative fault system. This regulation dictates that if you are partially at fault for your injury, your compensation will be reduced by your percentage of fault. For instance, if you’re found 20% responsible for a car accident, your settlement will be reduced by 20%.

It’s also important to note Indiana’s stance on no-fault insurance laws. Unlike some states, Indiana isn’t a no-fault state, meaning that the party responsible for the accident is liable for damages. This makes understanding your legal rights and responsibilities essential in building a strong case.

Proving Negligence in a Personal Injury Case

To successfully claim compensation, you must prove that the other party was negligent and therefore responsible for your injury. In Indiana, this involves demonstrating the following elements:

Duty of Care: The defendant had a legal responsibility to ensure your safety.
Breach of Duty: The defendant failed to uphold their duty of care.
Causation: The breach of duty caused your injury.
Damages: You suffered physical, financial, or emotional harm as a result.

Gathering evidence such as medical records, witness statements, and expert testimony can help strengthen your case. It’s important to work with an experienced personal injury attorney who can guide you through this process and build a solid argument on your behalf.

Immediate Steps to Take After a Wrongful Injury

When an injury occurs, the actions you take can significantly impact the outcome of your claim. First and foremost, prioritize your health by seeking immediate medical attention, even if injuries seem minor. This not only ensures your well-being but also creates a medical record that’s invaluable for your case.

Next, gather evidence at the scene if possible. Take photos, collect witness information, and document the events leading up to the incident. This evidence can play a crucial role in establishing liability and strengthening your claim.

It’s equally important to report the incident to the authorities, whether it’s law enforcement for a car accident or a property manager for a slip and fall. An official report provides an unbiased account of the event and can serve as a key piece of evidence in your case.

The Importance of Legal Representation

Hiring a personal injury lawyer can be a game-changer in navigating the complex landscape of personal injury law. Experienced civil litigators have the knowledge and resources to handle the intricacies of your case, ensuring all legal procedures are followed meticulously.

A skilled personal injury lawyer can also maximize your compensation by accurately assessing the full extent of your damages, including medical expenses, lost wages, and emotional distress. They communicate effectively with insurance companies, advocating for your rights and pushing back against lowball settlement offers.

Furthermore, having legal representation provides peace of mind. Knowing that a professional is handling your case allows you to focus on recovery without the added stress of dealing with legal complexities.

Tips for Personal Injury Victims and Claimants

If you’re pursuing a personal injury claim, comprehensive documentation is your best ally. Start by keeping detailed records of all medical visits, including the dates, times, and names of healthcare professionals you interact with. Document treatment plans and any prescriptions or therapies recommended.

Additionally, retain copies of all correspondence and any communication with insurance adjusters or company representatives. This meticulous documentation can substantiate your claims and serve as crucial evidence to support your case during court proceedings or settlement negotiations.

Furthermore, maintaining clear and professional communication with insurance companies is vital. Use concise and factual language and avoid making statements that could be misconstrued or admitting fault, as these may adversely affect your claim. It’s beneficial to keep a log of all interactions, including phone calls and emails, detailing what was discussed and agreed upon.

Finally, exercise caution on social media. Insurance companies may monitor your online presence for any posts, photos, or comments that could undermine your claim. Be wary of sharing information that might be misinterpreted or used against you. Keeping your accounts private and refraining from discussing your case online can help protect your interests. Consider informing close friends and family to avoid posting about your situation as well, ensuring a unified approach in safeguarding your claim.

Common Personal Injury Claim Mistakes to Avoid

When pursuing a personal injury claim, it’s crucial to avoid common mistakes that can potentially harm your case. By being aware of these pitfalls, you can take proactive steps to protect your legal rights and build a strong case for maximum compensation. These include:

Not seeking medical attention immediately after an injury.
Assuming minor injuries don’t warrant legal action.
Providing inaccurate or incomplete information to insurance companies.
Waiting too long to file a claim and missing the statute of limitations deadline.
Posting on social media sites.

Wrapping Up

Pursuing a personal injury claim in Indiana requires an understanding of the state’s laws, timely action, and strategic planning. By taking the appropriate steps after an injury, seeking expert legal guidance, and staying informed, you can increase your chances of securing the compensation you deserve. If you’ve been injured, don’t hesitate to reach out to a personal injury attorney for personalized advice and support tailored to your specific situation.

If you need legal advice due to a wrongful injury, don’t hesitate to contact a qualified lawyer to begin your recovery journey. Reach out to the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to set up a free, no-obligation consultation with an experienced personal injury attorney in Indianapolis, Indiana. Our legal services come at no cost and pose no risk to you, as we work on a contingency-fee basis. This means we only receive payment if we successfully secure a settlement or win an award for you. The at-fault party’s insurance has litigators on their side, and you should too.