Is There Still Time to File My Indiana Personal Injury Claim?

Posted on January 26, 2021 by admin

When a person is injured in an accident, they don’t always know it right away. Evidence of injury can appear weeks and even months after an actual accident took place. Car accidents are a very common example of this onset of injury phenomenon, as victims often feel sore, or begin experiencing certain damages and losses due to their involvement in the accident later, rather than at the moment or right after the event.

If you were in an accident that was not your fault, and you are just now experiencing pain or any other types of damages as a result, it is important to seek treatment as soon as possible. Like many other personal injury victims in the past, you might be wondering whether or not there is still time left to pursue legal action against a wrongful party and recover compensation for your damages.

Continue reading for information about time limitations for personal injury accident claims in Indiana, and how to learn your current legal options at this point following your accident.

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General Time Limitations for Accident Claims

Every state has set time limits for filing tort lawsuits called statutes of limitations. The amount of time you have to legally file a claim against a negligent party depends on the statute of limitations in your state of residence. For instance, here in Indiana, the time limit for personal injury lawsuits is 2 years (Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4) from the original date of the accident. If your accident took place within the last 2 years, you may still be eligible to potentially file a claim to obtain compensation for your damages and losses. You must speak with an Indiana personal injury lawyer to learn your case’s strength and viability to be sure.

Suing a Government Entity is Different

If you intend to sue a government agency, there are a completely separate set of limitations. In most cases, you cannot sue a government agency without first filing an administrative claim with the city in which your injuries occurred, and often times, a person has as little as 90 days to file this claim, and perhaps less depending on the state where the injury occured. It is common for these claims to be denied too, and when you receive your denial letter, it will usually have information in it describing how long you have to file a lawsuit in court. Here in Indiana, claimants have 180 days to file a claim against a city or county, and 270 days to file against a government agency.

Extending the Indiana Personal Injury Statute of Limitations

If your time runs out on your claim in Indiana, you forfeit your right to file a claim for compensation. There are exceptions in which accident victims can request to extend the statute of limitations filing deadline, but it is rare for a judge to permit such extensions unless the victim is a minor or mentally incapacitated, or if the defendant left the state after the accident. If you are hurt in an accident that was not your fault, whether you are aware of your injuries instantly, or long after the event, the best time to begin your personal injury claim is directly after receiving medical treatment. Contact an experienced team of accident attorneys in Indiana to learn your next steps in the personal injury claim process.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case.

To protect your rights, trust our Indianapo l is personal injury law office to navigate your personal injury claim and recover the maximum compensation you deserve. Our seasoned accident lawyers represent all types of personal injury cases in Indiana, from car and truck accidents to workplace accidents, brain injuries, child injuries, orthopedic injuries, and many more. Schedule a free initial case evaluation as soon as possible, before your deadline to file passes by in Indiana and to start obtaining the evidence for your case before it disappears. Best of all, the law office of Craven, Hoover, and Blazek P.C. does not require any upfront lawyer fees, and only bill you if we obtain a settlement or verdict for you.

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

What is the Worth of My Personal Injury Claim?

Posted on January 19, 2021 by admin

If you were hurt in an accident that was someone else’s fault, after seeking immediate medical treatment, the first thing you should do is consult with an attorney so you may become informed as to your rights, including your right to receive full and fair compensation for your injuries and damages.

Continue reading to learn more about confirming the worth of your personal injury claim, including the common damages you might recover, and how to get started with a free consultation with a seasoned Indiana accident lawyer.

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Calculating Personal Injury Claim Values

The value of your personal injury claim is important because in the end, you deserve the be granted full and fair compensation for all of your damages and losses. Whether the value of your claim is relatively small or substantial, it is vital that you seek proper legal consultation and representation from an experienced Indiana personal injury law firm. They can ensure that you receive the maximum settlement or verdict for your claim.

It is impossible to precisely quantify a personal injury claim before extensive investigation and case documentation have been completed and even then although it is difficult , you can get a rough estimate by identifying the common damages in a personal injury claim. There are a few different categories of damages recognized by the law, but the two primary types of personal injury damages are compensatory and punitive damages.

Compensatory Damages

Compensatory damages are also called actual damages, as they are measurable by calculation, and intended to compensate you for your out-of-pocket costs that resulted from your accident and injuries. Actual damages include both economic and future-economic losses, like hospital bills, medical expenses, lost wages from missing time at work, fuel costs driving to and from medical care, and future economic losses, such as permanent disability, disfigurement, loss of consortium (intimacy),loss of work abilities, loss of education experience, and similar reasonably measurable losses. Pain and suffering and mental anguish damages are the most important damages in a personal injury case however.

Punitive Damages

Punitive damages are much different than compensatory damages. Also known as exemplary damages (as in ‘setting an example’), such damages are awarded to accident victims more so for the purpose of punishing the at-fault party, as well as setting a public example to deter the particular type of gross negligence involved in the case. This generally occurs when the at-fault party is found or suspected to have acted deliberately, spitefully, grossly negligent, or with wanton disregard for the rights and welfare of the victim. Nonetheless, it is the victim that is compensated in the end for such egregious negligence.

How to Get Started on Your Personal Injury Claim in Indiana

Start by gathering up all of your quantifiable compensatory damages, such as medical bills, hospital bills, your lost paychecks from missing work, and any other bills that resulted from your accident and injuries. This will give you a very rough estimate of how much your case might be worth. You should hire an attorney right away because they will help you in obtaining the necessary evidence for your case and they will obtain the vast majority of the evidence so you do not have to. Your next step is to contact an Indianapolis personal injury lawyer to learn more about the validity and strength of your claim. Most accident law firms will meet with you for free to hear your case.

Schedule a Free Consultation With Our Indiana Personal Injury Attorneys

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations and never collect lawyer fees unless they win your settlement and recover compensation for your damages. We serve clients in Indianapolis and all throughout Indiana, via phone, online video conference, or in-person at our Indy-based office. Get started today, before the statute of limitations runs out on your claim!

Can I Discuss My Accident Claim With the Other Party’s Insurance Company?

Posted on December 21, 2020 by admin

After being hurt in an accident, you will be confronted with the invitation to speak with the other party’s insurance company. You may even want to talk with a defendant’s insurance adjuster because you would probably be feeling like you are helping. Speaking to an insurance adjuster prior to speaking with an attorney is not wise.

Continue reading to learn why, and what you should do to fully protect your rights to a full and fair settlement.

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Insurance Adjuster Tactics are Not in Your Favor

Insurance companies train their adjusters to use very specific tactics to get information out of claimants that can jeopardize their rights to being compensated. You see, the opposing party’s insurance company has one primary objective, which is to pay out as little as possible, preferably nothing at all, for your accident claim. They will record whatever you say, and then dissect it until they can piece together your words out of context to try to limit your claim. A defendant’s insurance adjuster does not owe any duty to an injured claimant and they are not trying to help you with your claim.

For these reasons and more, personal injury claimants should never, under any circumstances, speak with the other party’s insurance company until they have spoken to their own lawyer. Even then, it is very unlikely that a personal injury lawyer will let their client talk to the other party’s insurance adjuster, or at least alone and without legal advice.

What to Do After an Accident

After an accident, your priority should be to seek medical treatment by a licensed doctor. Be sure to keep any and all documents as evidence of your medical treatment. Follow all doctors’ orders and appear for all follow-up appointments if at all possible.

Once you are stable, or if an immediate family member can help, contact an Indiana personal injury law firm to retain professional representation for your accident claim right away. Reputable firms offer free case evaluations and work on contingency, which means you do not have to pay any lawyer fees upfront.

Not only is it important to follow the advice of your doctors and medical professionals, but it is also vital to take the advice of your personal injury lawyer very seriously. You do not want to make any these common mistakes with your personal injury claim. Moreover, as defendants’ insurance carriers have attorneys on staff, it is important for you to obtain your own attorney who will look out for your interests and only your interests as well.

How to Get on the Right Path Toward a Successful Personal Injury Settlement in Indiana

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indiana. We are seasoned personal injury attorneys who want nothing more than to recover the full and fair compensation for accident victims across Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 and get started as soon as today.

The First Questions You Should Be Asking About Your Personal Injury

Posted on December 15, 2020 by admin

After suffering serious injuries and resulting damages in an accident that was not your fault, it is quite normal to feel an onset of emotions and confusion. You and your family are likely full of questions regarding your recovery, losses, financial impacts, physical impacts, and more. To sort through the overwhelming number of questions and concerns running through your head, begin with the basics. This will put you on the right path toward obtaining fair compensation and easing anxiety.

Continue reading to learn the very first questions you should be asking yourself about your personal injury, including how to get started on your claim.

How Much Time Do I Have to File a Personal Injury Claim?

Each state has a set time limit known as a Statute of Limitations in which accident victims can bring about a personal injury complaint against an at-fault party. Here in Indiana, most personal injury cases have a statute of limitations of 2 years, including cases involving car accidents, premise liability, medical malpractice, libel, defamation, slander, assault, battery, and product liability. Cases regarding governmental and school liability have certain limitations that must be met within as little as s6 months to bring a claim so you should obtain an attorney as soon as possible following any injury, not only because of time limitations but because evidence can quickly be lost forever.

Can the Statute of Limitations for My Personal Injury Case Be Extended?

Many accident claimants ask the questions, “Can a personal injury statute of limitations be extended?” The answer is not likely. The reason for time limitations on civil cases is to avoid losing evidence and preventing fraud. If you were hurt in an accident that was not your fault, it is important to seek medical attention right away, follow all doctors’ orders, and retain professional personal injury legal representation. Do these things as soon as you can, and you will not be in jeopardy of running out of time on your claim.

What Can I Be Compensated For?

There are several types of losses a personal injury victim and their families can suffer. Such losses are referred to as damages. Common damages in a personal injury claim include general damages, special damages, and punitive damages. Victims and families of victims can be awarded compensation for hospital bills, medical expenses, lost wages from time off work, pain and suffering, disability, prolonged physical therapy, permanent scarring or disfigurement, loss of ability to work, loss of companionship, and much more.

Can I Be Liable for My Injuries?

This question is important to ask yourself both before and during a meeting with a personal injury lawyer. If you were at all to blame for your accident and subsequent injuries, it will impact your case. If you are not sure if you were to blame for your accident, talk to a personal injury lawyer to learn more about your eligibility to pursue legal action against another party.

How Do I Get My Personal Injury Claim Started?

Your first step to making a personal injury claim is to have your case evaluated by a skilled and experienced accident attorney. They will determine how strong your case is, and whether or not you could be successful in moving forward with filing a complaint in court or a claim with a defendant’s insurance company. Choose a trusted and proven Indiana personal injury law firm that can obtain the maximum settlement or verdict for your accident claim.

What is a Top Personal Injury Law Firm in Indianapolis, Indiana?

That’s simple; trust the Law Office of Craven, Hoover, and Blazek P.C., just like thousands of Hoosiers before you.

Call the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn how to get started on making a personal injury claim in Indianapolis, Indiana. Our compassionate accident attorneys are well-versed and experienced in several practice areas, from slip, trip, and fall accident claims, to auto accidents, semi collisions, medical malpractice, product liability, workers’ compensation, catastrophic injuries, and much more. When you walk into our office for your free consultation, you will instantly feel confident that you are in good hands. We offer free initial consultations and never collect lawyer fees unless we recover a settlement or verdict for you. Call 317-881-2700 to get started, today.

Is it Better to Settle an Accident Claim Out of Court in Indiana?

Posted on October 2, 2020 by admin

There is a reason why most personal injury lawsuits are settled before ever having to go to trial. In fact, there is more than one reason why. Not only are trials very expensive, they can be extremely stressful and even more unpredictable in terms of liability and damages. Also, trials are not private, and they can sometimes last for years. In most cases, especially for minor accidents and injuries, settling out of court is quicker, cheaper, and less risky.

However, this does not mean that all injury claims are better settled out of court. Sometimes, depending on the circumstances, a trial is the better, or necessary, route to take. It is important to discuss the recommended strategy for your personal injury claim with an experienced accident lawyer who can provide experience based knowledge for what’s best for your case.

Continue reading to learn more about the advantages to settling an accident claim out of court, as well as, how to get started on your personal injury claim.

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Going to Court is Never the Cheaper Course of Action

Trials are expensive. And although your personal injury lawyer probably works on a contingency-fee basis, it is still something that can still hold back your final settlement after you receive your compensation. In most contingency-fee arrangements, the attorney receives 33% of any pre-trial settlement and then 40% of any compensation awarded once the trial begins. The client then receives the remainder after any expenses and subrogation or lien claims are paid. Not all contingency arrangements are done this way although the vast majority are; it differs among law firms. By avoiding court, the plaintiff can avoid paying high expenses in having to pay expert witnesses when going to court.

As for defendants, there is no contingency-fee basis. In almost all cases, the defendant’s insurance company must hire a lawyer who gets paid by the hour or the defendant’s attorney is an employee of the insurance company.

Trials Can Be Stressful and Cumbersome

Not just the trial itself, but the weeks leading up to the trial can also be very stressful for a person and their loved ones. Both the plaintiff and the defendant can be subjected to invasive examinations and cross-examinations, and in a public arena.

Trial Outcomes Cannot Always Be Well Predicted

Although today’s legal system is set up in a way that takes surprises out of the trial process, they can still pose a long list of potential unexpected occurrences that influence the final outcome of a settlement. For instance, key evidence may be excluded from trial by the judge, new testimony can come out on the witness stand, key witnesses may sound unreliable or not show up at trial, and more.

Aside from all these potential unpredictable possibilities, the amount of compensation recovered is up to the jury. This means a plaintiff can be awarded much more or much less than the parties expected. Out of court, the plaintiff party and the defendant party have control over the negotiation of recompense.

What to Do as an Accident Victim in Indiana

If you or someone you loved has been hurt in a serious accident as a result of negligence by a company, person, or entity, you may be entitled to legal compensation. Get started on a path to justice and full and fair compensation, right now. Call an experienced Indianapolis personal injury law firm to speak to a legal representative about your recent injury or accident.

Indianapolis Indiana Personal Injury Attorneys Who Won’t Back Down to the Insurance Companies

Is the Ability to Make an Injury Claim Limited to Spouses Only?

Posted on June 1, 2020 by admin

If your spouse was seriously injured in an accident caused by another’s negligence, you might have questions about collecting compensation for yourself, for the losses you have suffered as a result of their injuries. In your case, you may be able to make a personal injury claim for loss of consortium, services, society and companionship . But because such claims are very delicate and complex, it is vital to retain legal counsel from an experienced personal injury law firm.

Continue reading to learn more about loss of consortium claims, and what you need to know about making a claim for your losses and damages.

Loss of Affection, Assistance, and Companionship

Loss of consortium claims are also known as “loss of affection” and “loss of companionship” claims. The universally-accepted definition of loss of consortium reads, “the legal right of one spouse to the company, affection, and assistance of and to sexual relations with the other.” On the other hand, loss of consortium claims can also be made by parents of seriously injured children, which means that the definition can be altered depending on the type of relationship and loss of company.

If your spouse’s injuries have caused your marriage to suffer, either due to a loss of companionship, partnership, or any other emotional or physical deficit, you may be entitled to make a loss of consortium claim. In another example, if a parent’s child is seriously injured (or killed) in a negligent accident, and as a result, the parent-child relationship is severely impacted from a loss of company, affection, or even assistance, they too may be able to make a claim.

However, the rules surrounding loss of consortium claims vary from state to state. For instance, currently under Indiana law, the only people permitted to make a loss of consortium claim are actual spouses. Furthermore, they must have been legally married at the time of the injured spouse’s accident. Moreover, laws change so it is important so talk with an attorney.

How to Make a Loss of Consortium Claim for Your Spouse’s Injuries

If you wish to learn more about your rights to compensation after losing companionship, affection, and similar emotional and physical needs as a result of your spouse’s or child’s injuries, your first step is to talk to a personal injury lawyer. They have the acumen, resources, and experience to educate you on your situation, and provide professional advice on the best course of action for your claim. Schedule an initial consultation to discuss your case, and learn what your next steps should be.

Get Advice From an Indianapolis Personal Injury Lawyer Today

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. We can help you recover the fair compensation you deserve after you and your spouse have suffered serious injuries as a result of a negligent accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. But please schedule your consultation before time runs out on your claim! We are located in Indianapolis, Indiana and we represent injured persons throughout the State of Indiana.

How to File a Personal Injury Complaint in Indiana

Posted on March 31, 2020 by admin

Were you or your loved one recently injured in a serious accident, and now you wish to take your claim to court for the purpose of recovering full and fair compensation for your damages and losses? If so, you need to know what a personal injury complaint is, and how to properly file one in Indiana.

Continue reading for the facts about the single document that will get your personal injury lawsuit into motion, and on the right track.

Indiana Personal Injury Attorneys 317-881-2700

Personal Injury Complaints

Most personal injury claims are settled out of court with the help of a seasoned accident attorney. However, there are some cases that do go to trial, even when a legal professional is handling the claim. When such claims are taken to court, a personal injury complaint is the document a victim files to get the lawsuit started. Keep in mind, the representing personal injury lawyer is the party who actually manages the filing of this document; so, as a client, you would not be responsible for filing a personal injury complaint.

A standard personal injury complaint document is separated into specific sections that contain the basic information about the claim and the plaintiff, including court information, facts about the accident, the relevant law, and the losses and damages of the plaintiff. Depending on the circumstances of the claim and personal methods of a law firm, complaints may also contain the legal basis for filing the lawsuit, such as an explanation as to why the plaintiff feels entitled to compensation for their damages and losses. See our blog, “An Overview of Indiana Negligence Laws” to better understand your legal right to compensation after being hurt in an accident.

Statutes of Limitations

Here in Indiana, the law gives personal injury claimants 2 years from the date of the incident to make a claim against the at-fault party in most situations. See our blog, “Is it Too Late For Me to Make a Personal Injury Claim?” to learn more about our state’s statute of limitations. Applicable time limits are substantially less, depending upon who the at-fault party is, so it is very important to call an injury attorney as soon as you have been able to obtain your initial treatment for your injuries.

Who to Trust With Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Our esteemed personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek will work hard so you can recover the full and fair compensation you deserve after being injured in a serious accident. Not only do we represent injured people throughout the State of Indiana, we never collect lawyer fees unless we obtain a settlement for you.

Choose the Law Office of Craven, Hoover, and Blazek as Your Indiana Personal Injury Attorneys

Posted on November 8, 2019 by admin

The Law Office of Craven, Hoover, and Blazek P.C. are seasoned accident and injury lawyers who will work hard to assist you with your personal injury case. We can help you learn more about your rights after being negligently injured in a serious accident. From start to finish, our personal injury attorneys are right by your side, representing your best interests, as well as, your rights within personal injury law. We are the experienced and knowledgeable Indianapolis accident attorneys who will recover the full and fair compensation you deserve after being injured in an accident that was not your fault.

Continue reading to learn why we are a leading personal injury law firm in Indiana, and why you should choose us to represent you in your accident claim.

Personal Injury Attorney Law Firm 317-881-2700

Accident Attorneys Who Truly Care About Your Recovery

Our personal injury lawyers understand that serious accidents are troubling in more ways than one. Not only can a serious accident result in extensive financial damages, they can also require extended mental, physical, and emotional rehabilitation. It is imperative to us that our clients recover emotionally and physically so they can take back control of their lives and move forward once and for all. It is their job to heal and get better, while we fight for full and fair recovery for all their losses.

We Concentrate on a Wide Range of Practice Areas, Including:

We Can Obtain Justice for You

We have decades of experience representing personal injury cases in Indianapolis, Indiana. Our skilled and experienced accident attorneys are highly committed to tort law, and work tirelessly to obtain justice for our clients. We are proficient in personal injury litigation, so you can trust us to clearly advise you of all your legal rights and the best course of action for your claim.

But please beware of Indiana’s personal injury statutes of limitations. If you wait too long to make a claim against the negligent party that caused your accident and subsequent injuries, you can lose your opportunity to make a claim forever. By acting fast and calling our Indianapolis Personal Injury Law Firm, you can avoid encountering delays or problems from waiting too long to file suit and problems with evidence disappearing with the passage of time.

Schedule a Free Initial Consultation to Learn More

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We also represent clients all throughout the State of Indiana.

Personal Injury Accidents That May Also Have Criminal Penalties

Posted on July 8, 2019 by admin

Criminal law involves crimes prosecuted by the state or federal government, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty individuals face jail time, probation, governmental fines, and in extreme cases, the capital punishment.

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties and prosecuted by private parties most usually. A common example of such cases involve personal injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the court or jury to decide who is at-fault and if the negligent party should pay remuneration to the injured person.

When it comes to tort law, or personal injury law, some accidents can render both civil and criminal consequences for the at-fault party. Continue reading to learn some examples of when an individual may also face state or federal charges for carelessly causing an accident that results in someone’s injury or harm.

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Civil and Criminal Lawsuits

Although murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, in addition to a civil one. These cases usually go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves. In the case of murder or homicide, the family of the victim may be able to pursue a wrongful death claim in civil court, and collect compensation for their loss, whether a child, spouse, or relative.

Additional Examples:

Car Accidents – If a person is driving recklessly or illegally, such as underage or intoxicated, and they seriously injure or kill another person as a result, the victim or their family can seek compensation for their losses and damages in civil court. Furthermore, the state may choose to press charges against the driver for criminal offenses, including operate a vehicle under the influence and causing bodily injury.

Negligent Supervision – If someone is guilty of negligent supervision, they may face both civil and criminal penalties if their actions are deemed criminal, such as in the case of child abuse, child negligence, manslaughter, nursing home abuse, and more.

Sexual Harassment at Work – If a person is being sexually harassed at work, they may be able to pursue a claim if the situation was ignored or not properly addressed by management. Furthermore, the wrongful party could face criminal penalties if the sexual harassment was criminal in nature, such as rape, sexual misconduct, voyeurism, and more.

Medical Malpractice – If a doctor or clinic negligently causes injury or death to a patient, they could be sued in civil court by the victim or their family, as well as, be charged criminally if their offense was intentional, egregious, or falls under manslaughter.

The circumstances among each case of personal injury victims vary greatly, especially when it comes to penalizing an at-fault party criminally. Always discuss your questions and concerns with a seasoned Indiana personal injury lawyer you can trust. They will be able to provide the best advice on which course of action you and your family should take after suffering the consequences of a serious injury.

Indiana Personal Injury Attorneys

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, and located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Is My Personal Injury Case Criminal or Civil?

Posted on January 7, 2019 by admin

Personal injury cases are highly complex since they involve the law. Such cases are made even more complex when accidents are so severe, they can lead to permanent losses or even wrongful deaths. This leads many to wonder whether or not personal injury cases are criminal matters. Although it would seem reasonable to assume that an accident that leads to another person’s death would result in someone being criminally penalized, it is not always the case. In fact, numerous personal injury lawsuits are civil matters and do not involve crimes being committed.

Continue reading to learn the fundamental differences between criminal and civil law, as well as, how to make a personal injury claim for compensation after being negligently injured in an accident.

Indianapolis Accident Attorneys 317-881-2700 — Indiana Accident Attorneys 317-881-2700

Criminal Legal Matters

Criminal law involves crimes against the state, government, or society in whole. Criminal violations, like felonies and misdemeanors, are subject to state and federal punishment, therefore, guilty person’s face jail time, governmental fines, and more. In criminal law, the burden of proof shifts to a more complex principle. It is always up to the state prosecutors to provide evidence in order to prove that a defendant is guilty.

All people are innocent until proven guilty, so the defendant has no burden of proving their own innocence at all in a criminal case. There are a few exceptions to this rule, in the case of insanity claims and self-defense claims. The state has the responsibility of proving “beyond a reasonable doubt” that a defendant is guilty of the crime in question. Beyond a reasonable doubt that a defendant is guilty for a jury to hand down a guilty verdict is a very high bar for a prosecutor to meet.

Civil Legal Matters

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties, rather than the state, government, or society as a whole. A common example of such cases involve injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the courts to decide who is at-fault and if the negligent party should pay remuneration to the injured person. The same goes for family law and divorce cases, disagreements over property ownership, breach of contracts, wrongful terminations, and more.

Anyone found guilty of a civil matter or infraction will not be subjected to jail time, government fines, or capital punishment. Instead, most civil litigation cases end with a negligent party being order to compensate the injured party for their losses and any additional damages caused by the defendant’s negligence. Recompense is often times paid by the defendant’s insurance provider, but sometimes, they must pay out of pocket if they did not have insurance, for example. If they have no money, assets, or insurance, an injured person may not receive any recompense, even if it is court-ordered, and even if ordered to pay by a court, discharge of the obligation in bankruptcy can still be a high probability.

As for burden of proof, civil cases and criminal cases differ greatly. In civil law, the plaintiff has the burden of proving their damages and the negligent act of the opposing party be a more likely than not standard, which is much lower than the beyond a reasonable doubt standard in a criminal manner. The defendant has the burden of proof regarding and defenses they assert in the civil matter. In a civil case, a plaintiff and a defendant must hire and pay for their own attorney, or choose to defend themselves. Only in criminal cases will the state offer a lawyer for free. However, in a civil matter, because most defendants have insurance, the insurance company will hire and pay the defense attorney fees and expenses.

Get Trusted Advice Today

Personal injury cases are highly complex and require professional legal representation. Talk to your trusted personal injury attorney to learn more about your particular claim, including which course of action best meets your needs for compensation and justice. Start by calling the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our experienced Indiana accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to recover the full and fair compensation you deserve.