Unraveling the Calculation: What’s Your Indiana Personal Injury Claim Worth?

Posted on April 12, 2024 by admin

Navigating the complex web of personal injury law can be an intricate and emotional undertaking. For residents of Indiana who find themselves in the unfortunate position of being injured due to another person or entity’s negligence, understanding the nuances that affect their personal injury settlement value is paramount.

The road to financial justice is paved with various factors that converge to determine what compensation you may be entitled to. This blog post will serve as a guide to help you understand the key elements that contribute to your Indiana personal injury settlement value. Let’s get started!

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The True Value of Your Personal Injury Claim

Securing a fair personal injury settlement is an intricate equation. While some aspects are straightforward, others dwell in the subjective realm, often leading to questions about the ‘true’ value of a claim. In Indiana, certain fixed elements, such as medical bills and lost wages, are objective and quantifiable. However, the state’s legal framework introduces other variables, including the concept of comparative fault and the statute of limitations. It is the interplay of these factors that ultimately crafts the final settlement or verdict number.

Types of Personal Injury Damages That Impact Settlement Values

Medical Expenses

The most visible pillar of a personal injury settlement is the reimbursement for medical treatment. Indiana law tries to ensure that injured parties are fully compensated for all reasonable and necessary medical costs related to the accident. This includes emergency services, surgeries, rehabilitation, and ongoing therapies. The measurable nature of these expenses makes them one of the cornerstones in determining settlement values.

Lost Earnings

If your injury has resulted in missed work, diminished capacity to earn, or an inability to perform your job, Indiana law allows for compensation on these grounds. Lost wages are more than just the income missed during recovery; they also factor in future losses related to the injury. Financial stability is a crucial component of personal well-being, and lost earnings are a clear depiction of the impact of the injury on a person’s life.

Permanent Disabilities

In cases where an injury leads to a permanent disability, the settlement value must reflect the life-altering repercussions. The loss of future earning capacity, reduction in quality of life, and necessary changes to daily living represent costs that extend far beyond a one-time ordeal. Indiana law is structured in an attempt to provide full and fair compensation for these profound, irreversible changes in a victim’s life.

Pain and Suffering

Quantifying the psychological and emotional injury, often described as pain and suffering, is one of the more abstract components of a personal injury settlement but it is a vital element of damages under the law. The State of Indiana recognizes that an accident victim’s suffering is not solely physical and includes provisions for emotional distress, post-traumatic stress, and loss of enjoyment of life. Although challenging to articulate in monetary terms, this category forms an integral and maybe the most important part of the final valuation.

Indiana Tort Law in the Balance

The state’s legal statutes cast a shadow that defines the potential scope of a personal injury settlement. Understanding these laws is essential to comprehend the leeway and limits that judges, juries and insurance companies have in assessing a claim’s worth.

Comparative Fault Rule

Indiana abides by the modified comparative fault rule. This stipulates that an injured person can collect damages from any other at-fault party [and thus their insurance carrier], except when they are found to be 51% or more responsible for the accident. The percentage of blame attributed can significantly impact the settlement amount. It’s not uncommon for insurers to argue for a shared fault scenario to reduce their payouts, making it crucial for claimants to defend their rights with evidence and expertise.

Statute of Limitations

Indiana’s statute of limitations for most personal injury claims is two years from the date of the injury. Failure to file a claim within this window can result in the forfeiture of your right to seek compensation. Time is of the essence in bringing a claim, and procrastination can be a costly mistake. The legal deadline sharpens the urgency to act fast and accurately in pursuit of a settlement. Some claims in Indiana cannot be pursued unless a tort claims notice is provided within 6 months so hiring an attorney promptly is essential.

Maximizing Your Claim Value

Armed with the knowledge of the factors at play and the legal framework, personal injury victims can take practical steps to fortify their position and potentially enhance their settlement value.

Documentation is Vital: Comprehensive and timely documentation of the accident and its aftermath is crucial. Gathering police reports, medical records, photographs, videos and witness statements is vital for your claim.
Immediate Medical Attention: Seeking medical treatment immediately after an accident not only safeguards your health but also creates a medical record and documentation of your injuries. A prompt assessment by a healthcare professional contributes to the veracity of your claim.
The Silence of Social Media: Insurance companies often scour social media for any sign of weakness or vulnerability in a claim. Refraining from posting about your accident or injuries, or life in general, prevents potential arguments against your claim.
Legal Counsel: Immediately consulting with a seasoned personal injury attorney is perhaps the most important step in the claim process. An experienced lawyer comprehends the legal nuances, navigates the claim complexities, and advocates for your best interests.
Insurance Companies: It is important to speak with your own legal counsel before talking with a defendant’s insurance carrier. The insurance company’s job is to make money. It is a multi-million-dollar business. They are not in existence to help you or to be fair. Hire an attorney before you speak with them.

FINAL THOUGHTS

For Indiana’s personal injury victims, the determination of your settlement value is an intricate combination between the objective and the subjective. It is rooted in the tangible trail of expenses and loss yet extends to the intangibles of personal pain and suffering. The state’s legal backdrop paints a structured but dynamic canvas on which this value is plotted. Your active engagement in the claim process, bolstered by awareness and strategy, can lead to a more robust , full and fair final settlement.

If you or a loved one is an Indiana resident who has been injured here or in another state or are a resident of another state injured here in Indiana, do not leave your personal injury settlement value to chance. The law is complex, and insurers are formidable opponents. Seek out legal counsel that specializes in Indiana personal injury law. Your future deserves the best chance at justice and fair compensation.

Take the first step towards understanding and securing your settlement value, today. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, one-on-one consultation with an experienced personal injury litigator in Indianapolis, Indiana. Call now before time runs out on your claim.

A Guide to Personal Injury Settlement Values: What’s Your Claim Worth?

Posted on February 19, 2024 by admin

Sustaining a personal injury can disrupt your life in ways that are not just physical but also financial and emotional. One of the most important aspects of recovering from an accident is securing a fair and just settlement for the damages you have incurred. Although the notion of what’s ‘fair’ can be subjective, the legal system provides structured guidelines for valuing personal injury claims, which can help in understanding what injured individuals can reasonably expect as compensation.

Navigating the labyrinth of personal injury claims and the multitude of factors affecting settlement values can seem daunting. This guide breaks down the intricate process of calculating personal injury settlements, aimed at empowering victims to understand their rights and work towards the compensation they deserve.

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Why Understanding Personal Injury Settlement Values Matters

Before diving into the specifics of calculation, it’s essential to grasp the significance of settlement values. Many personal injury victims accept the first or second settlement offer presented to them by insurance companies without realizing the true worth of their claim.

Understanding the calculation breakdown helps in:

1) Ensuring fair compensation for all tangible and intangible losses
2) Empowering victims and their attorneys to negotiate from an informed position
3) Gaining the financial means to cope with present/future challenges resulting from the injury

By gauging settlement values accurately, claimants can transition from being mere accident statistics to individuals advocating for their own justice.

Factors Affecting Personal Injury Compensation

Personal injury settlement values are not essentially arbitrary; they’re grounded in measurable and subjective factors. The primary elements influencing these values include:

Severity of Injuries – The extent of physical harm directly correlates with the settlement value. More severe injuries that require extensive medical treatment and have a lasting impact on an individual’s life warrant higher compensation.

Medical Expenses – Calculating medical costs incurred due to the injury is relatively straightforward. It includes past, current, and estimated future medical bills related to injuries sustained in the accident.

Lost Wages – Monetary losses from missed work also play a vital role in settlement calculations. This includes lost wages from time off work for recovery and any decrease in future earning capacity due to the injury.

Pain and Suffering – This is a factor that varies greatly from case to case, as it encompasses the physical discomfort and pain, emotional trauma, and mental distress caused by the injury and its aftermath.

Future Medical Needs – Some injuries require ongoing care or may necessitate adjustments in lifestyle, leading to substantial future medical costs, which should be accounted for in a settlement.

Comparative Negligence – If the injured party is found partially at fault for the accident, their settlement may be reduced proportionally. Understanding contributory negligence and comparative fault laws is crucial in assessing potential impact on the settlement value.

Economic Damages

Economic damages refer to the measurable financial losses incurred as a direct result of the injury and cover areas like:

Medical Expenses – The cost of treatment can be determined by adding up all related medical bills including hospital stays, surgeries, prescription medications, and necessary medical equipment.

Lost Wages – Documenting the wages lost due to the inability to work provides a clear number to calculate this portion of economic damages.

Property Damage – In cases involving vehicle accidents or property-related injuries, the cost to repair or replace damaged property is an additional economic damage that contributes to the overall settlement value.

Through meticulous assessment and documentation of these economic damages, a more comprehensive understanding of the financial burden endured by the victim is revealed.

Non-Economic Damages

Unlike economic damages, non-economic damages are more subjective and can be challenging to quantify. This category includes pain-and-suffering, such as emotional distress and loss of enjoyment of life.

Pain and Suffering – Although intangible, pain and suffering are an important component in valuing personal injury claims. Multiplying the tangible costs by a “pain multiplier” is a commonly used method though not the only one.

Emotional Distress – This covers side effects such as anxiety, depression, sleep disturbances, and post-traumatic stress disorder (PTSD). These effects may often require testimony from mental health professionals to be taken into account.

Loss of Enjoyment of Life – Injuries can rob individuals of the ability to partake in activities they once enjoyed. Factoring this into the calculation acknowledges the intangible losses suffered.

Accounting for these non-economic damages is often more nuanced and requires a balanced approach that accounts for the victim’s unique circumstances.

Additional Considerations

Beyond the direct calculation of damages, several other considerations can significantly impact the ultimate settlement value, such as statute of limitations, insurance coverage caps, and even negotiation tactics.

Statute of Limitations – Each state has its own statute of limitations— the time within which a lawsuit must be filed. Missing this deadline can bar a claimant from any recovery, no matter how severe the injury.

Insurance Coverage Limits – Understanding the insurance policies involved and their coverage limits is vital as it can cap the maximum settlement, even if the calculated value is higher.

Negotiation Strategies – A nuanced approach to negotiation, involving the help of a skilled personal injury attorney, can often lead to higher settlements by leveraging strong arguments and evidence.

A broad understanding of these considerations ensures that personal injury victims approach the settlement process with a strategic mindset, enhancing their outcomes.

Seeking Legal Advice

Navigating the complex world of personal injury settlements can be challenging, especially for those unaccustomed to the legal intricacies involved. Seeking the counsel of an experienced personal injury lawyer is the best course of action. These professionals specialize in valuing claims and negotiating with insurance companies to obtain the best possible outcome for their clients. By equipping themselves with knowledge and legal representation, claimants can confidently pursue the compensation they deserve. This aids in their path to recovery and offers some sense of closure after experiencing the trauma of an injury.

Conclusion

The road to a personal injury settlement is rarely straightforward. From determining the severity of injuries to understanding the complexities of non-economic damages, the process is rife with nuances that can dramatically impact the final compensation amount. By delving into this guide, victims can better equip themselves with the understanding necessary to advocate their case effectively and ensure that the settlement they receive does justice to the physical, emotional, and financial hardships they’ve endured. Remember, the more informed you are, the stronger position you will hold in the quest for fair recompense for your injury.

Are you ready to pursue the personal injury settlement you and your loved ones deserve? Contact the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 today. Our Indianapolis civil litigators provide free initial consultations and never collect lawyer fees unless we recover a settlement or verdict for you. We represent victims all throughout the state, plus Indiana residents injured in other states.

Know Your Rights: Strategies to Secure Full and Fair Personal Injury Compensation

Posted on January 23, 2024 by admin

In the aftermath of an accident, understanding your rights and the compensation you are entitled to is essential. This blog post will help guide you through the often complex landscape of personal injury settlements, illuminating the types of damages awarded and how compensation is calculated. When suffering from personal injuries, you may be entitled to general damages, punitive damages, and compensation for various losses you’ve endured.

It’s important to remember that securing full and fair compensation is often a rigorous process, requiring the expertise of an accident lawyer. Continue reading to navigate the world of personal injury compensation confidently, ensuring you don’t settle for less than you deserve.

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Types of Damages Awarded to Personal Injury Victims

When discussing personal injury settlements, it’s crucial to understand the types of damages you may be entitled to receive. Personal injury cases can result in various types of damages awarded to the victim. These damages can cover a wide range of losses, including medical expenses, lost wages, pain and suffering, and property damages.

General damages are awarded to compensate the victim for tangible monetary losses, such as medical expenses, hospital bills, and lost wages. Non-economic damages, like pain-and-suffering and loss of enjoyment of life, can also be awarded depending on the nature of the case. These damages are more subjective and thus, more challenging to quantify, but they may include damages for psychological injuries as well.

Punitive damages can be awarded in situations in which the defendant’s actions are seen as intentionally harmful or reckless, aimed to punish the offender and set an example for others. The total amount of damages awarded often depends on the severity of the injury, the long-term effects on the victim’s life, and other mitigating factors.

Overall, it’s essential for plaintiffs to work with an experienced personal injury lawyer to ensure that they receive financial compensation for all of the damages they have suffered.

Calculating Personal Injury Compensation

When determining the amount of payment that you are entitled to, several factors come into play. These may include medical expenses, lost wages due to missed work, property damage, and overall pain and suffering caused by the accident. To determine the value of your case accurately, it’s vital to keep and accumulate records of all the expenses and losses you’ve incurred as a result of the accident.

The process of calculating personal injury compensation can be complex, and it’s crucial to seek the assistance of an experienced Indiana injury attorney. They have the expertise to evaluate your case thoroughly and negotiate with insurance companies or represent you in court. Hiring a personal injury lawyer will provide you with the best chance that you receive full and fair compensation for your losses and helps alleviate the stress of navigating the legal process on your own.

More on the Importance of Hiring an Accident Lawyer

Pursuing a personal injury claim for compensation can be overwhelming, especially when you’re dealing with physical and emotional injuries. In addition to guiding you through the process, an accident lawyer will have your best interests in mind and strive to secure a full and fair settlement. They have extensive knowledge of Indiana personal injury law and can navigate the complexities of negotiations or legal proceedings. Moreover, insurance companies may try to take advantage of your lack of legal knowledge and offer a lower settlement amount than you deserve. An accident attorney will fight for your rights and ensure that you receive proper compensation for all damages and losses incurred.

Conclusion

In conclusion, understanding your rights as a personal injury victim and the types of damages awarded is crucial in securing full and fair compensation. It’s essential to keep records of all expenses and losses incurred and to obtain the medical care necessary to get you back to where you were before the injury, and hiring an accident lawyer can greatly benefit the outcome of your case. Remember, you deserve to be fully compensated for any injuries or damages caused by another party’s negligence. Don’t settle for less than what you are entitled to and seek the help of an experienced accident lawyer to ensure your rights are protected. So, if you or a loved one has been injured in an accident, don’t hesitate to seek legal advice and fight for the compensation you deserve.

Remember, knowing your rights is the first step towards securing full and fair personal injury compensation. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. We can hold meetings in our office, or, if you cannot travel, we can speak over the phone or at your place of medical in-patient care. Call now before time runs out on your claim!

Maximizing Your Settlement: Key Strategies in Personal Injury Claims

Posted on August 25, 2023 by admin

If you’ve been injured due to someone else’s negligence, figuring out how to maximize your personal injury settlement can be a daunting task. This blog will serve as your guide, highlighting key strategies to ensure you receive the compensation you deserve. We’ll discuss the importance of hiring a knowledgeable personal injury lawyer, understanding the process of filing a personal injury claim, and leveraging effective negotiation tactics.

The goal is to arm you with the necessary knowledge to navigate your claim confidently and successfully. Let’s dive into the world of personal injury settlements and explore these strategies in detail.

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Work with an Experienced Personal Injury Lawyer

Working with an experienced personal injury lawyer is the single best way to maximize your settlement. Not only do they have the knowledge, resources, and expertise necessary to navigate through the legal system and document a strong case on your behalf, but they can also ensure that you receive the full and fair compensation you deserve. A good lawyer will be able to identify the key facts, provide advice on your settlement options, help determine how much money you should expect to receive from your claim, and negotiate with the other party’s insurance company for a higher offer.

It’s important to note that not all civil litigation attorneys are created equal. When searching for a personal injury lawyer, make sure to do your due diligence. It’s also helpful to meet with your accident attorney before making your final decision in order to get an accurate assessment of their experience and ability to handle your case.

Understand the Legal Process for Filing a Personal Injury Claim

Once you have established a winning team, it’s important to understand the legal process of filing a personal injury claim. This process can vary depending on the jurisdiction and type of case, but typically includes:

Gathering information and evidence related to your injury…

Notifying the other party and their insurer that you intend to pursue legal action…

Drafting a demand letter that outlines your claim and expected compensation…

Negotiating with the other party’s insurer to reach an acceptable settlement amount…

If necessary, initiating a lawsuit in court…

During this process, your accident lawyer will be able to provide you with advice on how best to maximize your settlement. It’s important that you follow their guidance closely as it will ultimately benefit your case in the long run.

Leveraging Negotiation Tactics: Getting the Best Possible Settlement

Once your lawyer has outlined an acceptable settlement offer, it’s time to move on to the negotiation phase. This is where a well-prepared and experienced personal injury attorney can really make the difference. A knowledgeable personal injury attorney will be able to leverage their negotiation skills and tactics to help you get the best possible settlement.

Some key strategies that your lawyer may use include…

…presenting a compelling case with persuasive evidence.

…calculating a fair amount of compensation based on the facts of your injury and associated damages.

…asking for a higher amount of settlement, knowing that the other party is likely to counter with a lower offer.

…making sure you are adequately compensated for any pain and suffering you experienced due to your injury.

…rejecting any offers that are not in your best interest or do not match the estimated compensation amount .

By understanding these strategies and following your lawyer’s guidance, you can maximize your settlement and ensure that you receive the compensation you deserve.

In Summary

Getting a full and fair personal injury settlement is possible—but only if you have the right team and knowledge to back it up. Collaborating with a skilled personal injury attorney is crucial in order to optimize your settlement and guarantee the proper handling of your case. Moreover, comprehending the legal procedures involved in filing a personal injury claim and utilizing effective negotiation strategies can empower you to confidently navigate the settlement process and secure the rightful compensation you deserve. With this knowledge in hand, you’re now prepared to take on your personal injury claim with confidence and achieve the best possible outcome.

Would you like to learn how much your Indiana personal injury case is likely worth? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney in Indianapolis, Indiana. We can hold meetings over the phone or via online video conference if you are unable to travel. We can also visit your place of in-patient medical treatment. Act now while you still have time to file a claim!

How Financial Compensation Works in Personal Injury Claims

Posted on August 11, 2023 by admin

When an individual suffers an injury as a result of someone else’s negligence, it’s common to hear the term ‘financial compensation’ in relation to a personal injury claim. But what does this truly entail? Financial compensation in a personal injury claim is a legal avenue to ensure that the victim is not left in financial distress because of an incident they had no control over and to compensate for how the injury negatively affected the person’s life. This blog post will delve into the intricacies of how financial compensation works in personal injury claims and settlements, and shed light on the key factors that influence these payouts.

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Filing a Personal Injury Claim

Personal injury claims are initiated when the victim of an injury, whether physical, emotional or psychological, seeks to obtain compensation from the party responsible for causing them harm. Generally speaking, these settlements are meant to cover medical expenses related to the incident as well as potential lost income due to any time taken off work. In addition, compensation is required for pain and suffering, mental anguish, scarring and other damages. In some case, damages can also include punitive damages, which are awarded to further penalize the guilty party and to deter others from similar egregious conduct.

Determining the Value of a Personal Injury Case

When calculating the amount of financial compensation that can be awarded, a few factors must be taken into consideration. These include: the severity and scope of the injury; any medical treatments required as a result; how much time was spent away from work due to recovery; how the injured person’s life was negatively affected by pain and suffering and if there is any permanent disability or disfigurement.

Personal Injury Cases are Civil Claims

It is important to note that most personal injury claims involve civil cases, rather than criminal proceedings. This means that the compensation awarded is monetary in nature and the guilty party does not serve a jail sentence for their actions. Moreover, in the vast, vast majority of cases, the at-fault party or at-fault business have liability coverage available which means the injured party gets paid a settlement from the at-fault party’s insurance company and not the at-fault party themself. As such, it is important to have a good understanding of the law when filing a claim, as this will determine the amount of compensation that can be sought. A skilled and experienced personal injury lawyer can help you with this and much more throughout the case.

Personal Injury Settlements

When settling a personal injury claim, there are typically two main avenues that parties can take: negotiated settlement or litigation. In most cases, it is in both parties’ best interest to negotiate a settlement outside of court as this will save time, money and will get the injured party guaranteed money quicker. This approach often involves reaching an agreement on the amount of financial compensation that should be paid to the victim, as well as any other terms of the settlement.

On the other hand, if negotiations fail, litigation may be necessary in order to have a jury or judge decide on a suitable outcome. During this process, both parties will present their cases and provide evidence about the facts surrounding the incident. The judge or jury presiding over the case will then determine an award for the injured party.

In Summary

Overall, claiming compensation for a personal injury accident can be a complex process. However, properly represented victims can ensure that they receive the proper amount of payment for their injuries and any other damages incurred as a result. While the process can be daunting, having a well-informed understanding of your legal rights can make seeking financial justice much easier and indeed, not having an experienced attorney can and has been the downfall or significantly reduced results for numerous injured plaintiffs.

It is always best to hire a personal injury attorney because the at-fault party’s insurance companies have experienced claims representatives and attorneys on staff, working to obtain them the best results possible for their employer and you should have an attorney working on obtaining the best results for you. It is also important to note that you may have other legal rights in addition to pursuing a claim for personal injury compensation. Consulting with an experienced Indiana accident attorney who specializes in personal injury law can help make sure all your rights are protected and that you get the best outcome possible when seeking justice.

It is important to understand what to expect when pursuing financial compensation for a personal injury accident claim. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

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.

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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?

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

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.