5 Simple Steps to Claiming Compensation For a Personal Injury Accident

Posted on February 3, 2023 by admin

If you have been wrongfully injured in an accident, it is important to hire an attorney and have them file an accident claim. Such a claim can help you to recover losses such as medical costs, lost wages, and even pain and suffering. It is within your rights to seek compensation for any damage inflicted due to someone else’s negligence and omitting such a course of action would only disadvantage you further. A personal injury claim will provide a legal platform through which repercussions can be sought, while ensuring justice is served. However, the personal injury legal process can be very confusing for injured victims and families.

To ensure a successful accident claim, it is crucial to familiarize yourself with the necessary steps. Continue below to learn the easiest way to file a claim for compensation after a personal injury accident in Indiana.

Call 317-881-2700 When You Need a Personal Injury Law Firm in Indiana.

How to File a Personal Injury Claim in Just 5 Steps:

If you’ve been injured in an accident that wasn’t your fault, you may be wondering how to go about claiming compensation. Accident claims can be complex, so it’s important to know what to do if you want to make a claim. Here are five simple steps to help make the process as easy as possible:

1. Gather Evidence: After an accident, whether an auto collision or a slip and fall for example, it is important to document everything. Take photos of the scene, vehicles, what caused you to fall and any injuries you have sustained; collect names and addresses from any witnesses or employees of the business that were involved; and write down all pertinent details about the incident. This evidence can be used in your accident claim to prove that the other party was at fault.

2. Seek Medical Attention: A serious accident can have long-term effects on your health and well-being. Make sure you seek proper medical treatment as soon as possible after the accident, even if it is just for a checkup. This will ensure that any injuries are properly documented and treated.

3. Contact a Personal Injury Attorney: Personal injury law can be complicated, so it is important to contact an Indiana personal injury lawyer as soon as possible. An experienced accident claim attorney can ensure that you are properly compensated for your injuries, as well as provide advice and support throughout the process. Insurance companies for defendants have attorneys on staff and they and the insurance adjusters are working for their side from day one. It is vitally important for you to hire an attorney right away so your rights are also protected and so your attorney can immediately seek to obtain all relevant information before it disappears.

4. File an Insurance Claim: Your attorney will be able to file an insurance claim with the other party’s insurer for you.

5. Have Your Attorney and You Follow Through on Your Claim: Once you have contacted a personal injury law firm in Indianapolis and your attorney has filed the claim, you should keep track of all developments in the case. Be sure to stay organized, as documents and evidence related to your accident can easily be lost or forgotten over time so please provide anything you have in your possession to your attorney. Make sure you communicate with your attorney regarding where you are obtaining medical care and how your injuries are progressing. Your attorney will obtain certified medical records and medical bills to provide to the defendant’s insurance carrier.

By taking these five steps, you can ensure that you are properly compensated for any personal injuries resulting from an accident. With the right legal support and documentation, you can maximize the amount of compensation you receive and ensure that your rights are protected.

Are you searching for a reliable Indiana personal injury attorney who will successfully fight for your rights in any accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Our seasoned civil attorneys can meet with you over the phone or computer, or in-person at our Indianapolis personal injury law office. We represent injured persons throughout the state of Indiana and Indiana residents injured in other states, as well as residents of other states who get injured in Indiana.

Can I Receive Personal Injury Compensation Without Filing a Lawsuit?

Posted on November 19, 2021 by admin

In many personal injury cases, surviving victims will file a lawsuit to obtain compensation for their resulting damages. There are many reasons for filing a lawsuit soon after a person is injured as a result of negligent conduct of another. There are time limits set to make your injury claim or you lose your right to. Filing a lawsuit also allows the attorney for the injured party to obtain evidence that they would not be able to obtain without filing a lawsuit.

However, suing is not the only legal recourse for recovering a personal injury settlement after a wrongful accident. Continue reading to learn three alternatives to suing for compensation after being injured in an accident that was not your fault.

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Personal Injury Lawsuits

There are many reasons why a personal injury victim or survivor might wish to avoid a lawsuit. Perhaps they want to evade additional fees and expenses incurred in the legal process; or maybe they just don’t want to experience any level of legal contention or confrontation.

Regardless of why you are interested in the possible alternatives to suing for compensation after a wrongful accident, the most important focus should be choosing the approach that has the best chance of success for your specific case. In order to do this, you must consult with a seasoned Indiana personal injury lawyer.

Alternatives to Suing for Personal Injury Compensation

► Filing a Claim

In cases of accidents with injuries, you may have the option to file a formal claim within the company or store responsible for your damages. They may have a claim-and-compensation procedure that is standard within their business model. You would simply fill out a form filing the claim and requesting compensation. You should not do this without consulting an attorney and it is best to have the attorney do this on your behalf in any event.

For wrongful accidents that happen within government buildings, it is standard to file a government tort claim within the applicable agency. If the government agency denies your claim for compensation, you could then pursue legal action by filing a lawsuit. To pursue a claim against a governmental agency, you must first file a tort claims notice in Indiana and there are very strict guidelines for what the tort claims notice must say and when it must be filed by so you should hire an attorney to do this.

Injuries that happen at work or on the clock while performing work-related duties are filed under a workers’ compensation claim. If the workers’ compensation claim is denied or inadequate, injured workers could take legal action by filing an Application for Adjustment of Claim with the Indiana Worker’s Compensation Board. Again, you should obtain an attorney as soon as possible after the injury occurs.

► Request Compensation Through Your Own Insurance Carrier

You may have the option to contact your own insurance carrier and request compensation for things like medical expenses, hospital bills, and subsequent expenses that you are paying for out-of-pocket because of your accident if you had what is called medical payments coverage. Since the legal process of filing a lawsuit and receiving a settlement can take months or even years, it is quicker to get your medical bills paid by filing a claim with your own insurance company. This will also keep your own medical providers from seeking payment for your medical services from you.

Your insurance company may provide you with compensation and then when you obtain a settlement with the at-fault party’s insurance company, you would reimburse your own company. You should always hire an Indiana personal injury attorney to ensure that you are fully compensated for your damages and losses following a wrongful accident.

► Your Attorney Can Send A Demand Letter

Another alternative to filing a lawsuit is to simply advise the defendant’s insurance company that you will be filing a lawsuit if a fair settlement cannot be reached. It is best to hire a personal injury lawyer to write your demand letter and represent you even if you are not filing a lawsuit. Negotiations and compensation mediation can be complex even without a judge and jury, so it is imperative to have adept legal representation to ensure you receive the full and fair settlement you deserve for your damages and losses.

Are you looking for personal injury lawyer to represent you in a current accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, India n a. We represent injured persons and the loved ones following the wrongful death of a relative throughout the State of Indiana.

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Does Personal Injury Compensation Cover Mental Health Treatment?

Posted on October 22, 2021 by admin

It is very common to suffer mental anguish and emotional health complications after being wrongly injured in an accident. This is especially true for those who have lost a loved one to a wrongful death incident, or for those who have to experience prolonged rehabilitation and therapy for their injuries or permanent injuries.

For this reason, many wrongfully injured victims wonder if they can obtain personal injury compensation to cover the cost of mental health treatment following an accident. The answer this question is not clear-cut, so continue reading to learn the facts you need to know.

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Claiming Mental Health Therapy as Part of Your Personal Injury Damages

As a wrongfully injured victim in a personal injury case, if you believe that your accident is directly related to your need for mental health therapy, you are entitled to claim these costs as damages. However, juries have the discretion of accepting that claim, as they would with any other medical claim. Insurance adjusters and legal representatives for insurance companies can be quite stubborn when it comes to accepting injured victims claims, even if supporting medical documentation is submitted. They will do everything they can in their power to reduce the value of the person’s claim as this is what they are trained to do and, in the end, if the insurance company pays less the insurance company makes more money.

For these reasons, it is critical to retain an experienced and skilled Indianapolis Indiana attorney who is well-versed and experienced in your type of personal injury accident. For instance, if you are injured in a car accident, be sure to hire a seasoned personal injury car accident lawyer. If you are injured in a slip and fall accident, search for lawyers who specialize in premises liability cases. Accordingly, if you are injured at work, hire a workplace injury lawyer who knows OSHA regulations and all surrounding Worker’s Compensation laws.

Does Your Mental Health Treatment Relate to Your Accident?

When determining your eligibility for being awarded compensation for mental health treatment, whether through a therapist or psychologist, it is important to ask yourself: “Does my need for mental health therapy relate to my accident?” and “Am I receiving mental health treatment from a qualified mental health professional?”

If the answer to these questions are: “yes”, then you can claim the cost of your therapy as damages in your personal injury case and the jury can put a dollar figure award for your psychological injuries as well. From there, your injury attorney will document a strong and impactful case to prove your damages and obtain the maximum settlement or verdict you deserve.

One way your personal injury lawyer will prove that your mental health therapies are related to your accident is to obtain a written opinion from a licensed medical practitioner stating that your mental, psychological, or emotional condition and the resulting necessary medical care, is causally related to the at-fault party’s negligent actions or inactions.

Mental Health Professionals Include:

☑ Therapists
☑ Counselors
☑ Licensed Social Workers
☑ Psychiatrists
☑ Psychologists

Because personal injury cases consider medical expenses as damages, seasoned Indiana personal injury lawyers can prove that your mental health therapy expenses, including both counseling sessions and prescription medications, are valid medical expenses causally linked to your accident, and therefore legitimate damages that you should be compensated for.

Are you looking for skilled personal injury attorney to represent you in your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act now, before time runs out on your claim or significant evidence supporting your claim is lost. We represent surviving loved ones and persons injured as a result of the negligence of another throughout the state of Indiana.

What are Economic Damages in a Personal Injury Case?

Posted on August 24, 2021 by admin

The primary purpose of filing a personal injury claim is to pursue and recover financial compensation from an at-fault party for a victim’s damages. When a settlement or verdict is obtained, the at-fault party’s insurance company pays the verdict or settlement. This is intended to put the victim back into the position they were in before the accident, or to make them whole once again, including a monetary amount for the pain and suffering the injured person endured.

But we all know this isn’t always possible. For injured persons, damages are more than just financial, and a victim can never be the same after a serious accident. Therefore, several types of damages exist in accident law and are awarded in successful personal injury cases. But many people are confused about what the term damages represents in personal injury tort law.

Continue reading to learn what damages are in relation to accident lawsuits, and the difference between economic and non-economic damages.

Personal Injury Damages and Losses

Damages that result from a personal injury caused by a negligent party are generally losses. These losses can be financial, emotional, physical, and mental. Depending on the types of losses experienced following a personal injury, damages can be economic, non-economic, punitive, or a combination of all three. There are also damages known as nominal damages, which are small sums of compensation that are awarded to acknowledge that a victim, although not seriously injured or subject to substantial financial losses, was still violated in terms of their rights.

Facts About Economic Damages

Economic damages, also known as compensatory damages or general damages, are the calculable financial losses that can be defined by an actual dollar amount and redeemed through financial compensation. Economic damages include hospital bills (i.e., hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e., physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses’ death (i.e., insurance, veteran benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

Facts About Non-Economic Damages

Non-economic damages are more difficult to assign a dollar amount to because they are not direct and tangible monetary losses, like medical bills and lost wages. Instead, they are damages awarded for emotional or mental losses and tribulations. Examples of non-economic losses include pain and suffering damages, mental anguish or illness (i.e., depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

Understanding Punitive Damages

For very malicious or egregious acts, a judge or jury might also award punitive damages depending on the circumstances of a case. These are different from economic and non-economic damages because they are not intended to put a victim back into the same position they were in before an injury or accident, at least as much as possible. Although punitive damages are still paid in part to the plaintiff, they are meant to be more of a punishment for the at-fault party. They are intended to set a public example and double as a deterrent for the type of gross negligence involved in the case.

Are you ready to speak with a licensed injury attorney about obtaining compensation following your wrongful accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. Act now before evidence is lost and time runs out on your claim. We represent clients all throughout the state.

You Might Also Read:

Common Damages Awarded for Traumatic Brain Injury Accidents
The Most Common Types of Damages Awarded in Personal Injury Lawsuits
What are Future Damages in a Wrongful Death Case?

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What are Common Damages in a Personal Injury Claim?

Posted on November 3, 2020 by admin

Accidents can happen at any time, and on a wide scope of severity. At times, accidents happen because of a person’s negligence, which can lead to a personal injury claim. Common examples of personal injury cases include motor vehicle collisions, slip and falls, workplace injuries, dog bites, medical malpractice, product defects, and assault.

When someone is seriously injured in an accident due to another’s negligence, they may be entitled to certain compensation for their damages and losses incurred as a result of the accident and subsequent injuries. Damages and losses differ from case to case depending on several factors, such as the extent of injuries, the extent of negligence, and the unique circumstances of the accident.

Continue reading to learn more about common personal injury damages, and how to get started on your accident claim today.

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Common Types of Losses

Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages.” These include economic losses, future economic losses, and non-economic losses. Types of economic losses may include medical expenses, hospital bills, over-the-counter medication costs, prescription costs, lost wages, time off work, childcare expenses, home adaption expenses, fuel costs (to and from doctors’ visits), and similar expenditures.

Types of future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more. Types of non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Medical Expenses

After being seriously injured in an accident, a person will require medical attention; and unfortunately, medical care is not free. Medical bill coverage is a big part of the financial recovery in a personal injury case. Services like ambulance rides, surgeries, doctor’s appointments, physical therapy, medical treatments, medicine, MRI’s, x-rays, CT scans, follow up care, and more, all cost a lot of money, even with health coverage. The total cost of a victim’s medical expenses varies from case to case, and depend largely on the extent and needs of their injuries. For more serious injuries, medical expenses can be ongoing for the remainder of a victim’s life, so future medical costs must be considered in a personal injury claim as well.

Lost Income and Additional Losses

When a person is seriously injured in an accident, they are unable to work, which means they lose out on the wages that generally pay for their cost of living. Rent, mortgages, car payments, electric bills, groceries, and more, are all common bills that must be paid to maintain the quality of life a victim had before the accident. If they are unable to work, they are losing money that usually pays these expenses and more. These types of losses may be recoverable in a personal injury case.

Additional monetary losses that may result from a serious injury include vehicle damages, funeral costs, pain and suffering, loss of companionship, loss of work abilities, long-term emotional trauma, PTSD, and more.

Where to Get Trusted Legal Advice Regarding Your Indianapolis Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are ready to pursue your case and obtain a full and fair settlement for your losses. We offer free initial consultations and represent injured persons throughout the State of Indiana.

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

Posted on August 27, 2019 by admin

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

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

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Damages and Losses After a Personal Injury

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

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

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

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

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

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

Paying for a Lawyer

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

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

How to Get Started on Your Claim Today

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

What Will Personal Injury Compensation Cover?

Posted on July 6, 2016 by admin

Accidents happen. But sometimes they happen because of human error or negligence. Common examples of personal injury cases include slip and falls, workplace accidents, car accidents, dog bites, medical malpractice, product defects, and assault. When a person is seriously injured in an accident because another person or entity was careless in some way, they can seek out monetary compensation for their damages and losses. Damages and losses differ from case to case, depending on the circumstances of the case, the extent of injuries, the extent of negligence, and more. Personal injury claims generally recognize and consider three types of “losses, called compensatory damages.

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Types of Losses

1. Economic Losses
2. Future Economic Losses
3. Non-Economic Losses (Pain & Suffering)

Compensatory damages are meant to cover a wide variety of expenses and associated costs. Although most of these costs and expenses are pretty obvious, there are many others that victims often unaware of. This is why it is important to hire an experienced personal injury lawyer if you or someone you love was recently injured as a result of another’s negligence. They have the knowledge and resources to navigate every aspect of your case, and recover the fair compensation you deserve.

Types of Economic Losses:

• Medical Expenses
• Hospital Bills
• OTC Medication Costs
• Prescription Costs
• Lost Wages
• Time Off Work
• Child Care Expenses
• Home Maintenance Expenses
• Fuel Costs (to and from doctors’ visits)

Types of Future Economic Losses:

• Prolonged Medical Treatment
• Physical Therapy
• Long-Term Care
• Future Medical Expenses
• Future Prescription Costs
• Future Hospital Costs

Types of Non-Economic Losses:

• Pain and Suffering
• Permanent Disability
• Permanent Disfigurement
• Mental Anguish
• PSTD
• Loss of Social Life
• Loss of Work Abilities
• Loss of Companionship
• Loss of Education Experience

Contributory and Comparative Negligence

Depending on where and how your injuries occurred, some states use contributory negligence laws in personal injury cases. These laws prohibit personal injury victims from recovering compensation (or full compensation) for their losses if the accident was in any way their fault. Other states have laws that will grant victims partial compensation if the accident was only partially their fault.

However in Indiana, we are a comparative fault state. This means that if a victim is 50% or less “at-fault” compared to the other party (or parties), they collect compensation. But if a victim is more than fifty percent at-fault, they cannot collect compensation. It is strongly suggested to discuss your recent injury claim with an Indianapolis accident attorney that can determine the best strategy for your case.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were recently injured in an accident in Indianapolis, Indiana and its surrounding counties. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to discuss your case and determine what kinds of compensation are due to you. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a friendly office attendant to schedule an appointment, today.

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