When are Punitive Damages Awarded in Personal Injury Lawsuits?

Posted on January 9, 2024 by admin

In the realm of personal injury cases, one term you may come across is “punitive damages.” This type of compensation is not just about reimbursing a victim for losses incurred due to an accident or injury. Rather, punitive damages serve a dual role – to punish the wrongdoer for their reckless or negligent behavior and to deter such conduct in the future.

Personal injuries can have a profound impact, causing serious and sometimes permanent damage or even wrongful deaths, affecting not just the victims but their loved ones as well. In this blog post, we discuss when punitive damages are awarded in personal injury lawsuits, giving you a better understanding of this area of law.

Call 317-881-2700 for Professional Personal Injury Lawsuit Help in Indianapolis Indiana

Personal Injury Cases

Personal injury cases are legal disputes that arise when one person suffers harm or injury from an accident or incident caused by another person’s negligence, recklessness, or intentional actions or in-actions. Such injuries may occur in various scenarios, such as car accidents, slip-and-falls, medical malpractice, defective products, wrongful deaths, and more. In these cases, the victim may seek compensation for their losses, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. In the case of a wrongful death, the immediate family can seek a civil cause of action against the negligent party.

It is important to remember that each state has its own specific laws and regulations concerning these types of cases. In Indiana, the state requires that any negligence or carelessness leading to a personal injury be proven for a successful claim to be prosecuted and damages awarded. Additionally, there is a two-year statute of limitations applicable in all personal injury cases relating to negligence in Indiana, excluding governmental entities which require a tort claims notice to be filed in as little as 6 months. This means that all claims must be filed within two years, and sometimes 6 months, from the date of the incident in order to be considered by the court. There are also other rules which apply to filing deadlines so it is best to consult with an attorney right away.

Understanding Punitive Damages

Punitive damages are additional monetary compensation awarded by a court or jury to a victim of a personal injury that arose out of gross negligence. Unlike compensatory damages that aim to make the victim whole again after an accident or injury, punitive damages have a different purpose. Their primary goal is to punish the defendant for their actions and to serve as a warning or deterrent against similar behavior in the future to others.

Punitive damages are not awarded in every personal injury case. Rather, they are only available when the defendant’s actions were particularly egregious, malicious, fraudulent, or willful. In such cases, the court may deem that compensatory damages are not enough to adequately punish and deter the defendant’s conduct. In some cases, punitive damages can also lead to criminal penalties.

Examples of Punitive Damages

To better understand when punitive damages may be awarded in personal injury lawsuits, let’s look at a few examples:

A drunk driver causes an accident resulting in severe injuries to the victim. The court may award punitive damages to deter the defendant from drinking and driving in the future and to deter others as well.

A company knowingly sells a defective product, causing harm to the consumer. In this scenario, punitive damages may be awarded to punish the company for its reckless behavior and prevent it from putting other consumers at risk.

A doctor commits medical malpractice by intentionally performing unnecessary procedures on patients for financial gain. In such cases, the court may award punitive damages to punish the doctor and deter them from repeating their actions.

In cases of employment discrimination, punitive damages may be awarded if an employer is found guilty of discriminatory practices such as harassment, retaliation, or wrongful termination. These damages are meant to punish the employer and deter them from engaging in similar behavior in the future. They may also serve as compensation for any emotional distress or financial losses caused by the discrimination.

Conclusion

Punitive damages serve an essential role in the realm of personal injury law. They aim to hold wrongdoers accountable for their actions and prevent them from causing harm in the future, as well as to deter others. If you or a loved one has suffered a personal injury due to another person’s negligence or recklessness, it is essential to consult with an experienced personal injury lawyer to understand your rights and ensure you receive the compensation you deserve. So, when seeking legal action for a personal injury case, keep in mind the possibility of punitive damages being awarded and their purpose in deterring harmful behavior.

Are you looking for a compassionate civil litigator who will fight for your rights to financial justice after a serious accident or injury? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation, today. We represent injured victims all across the state, including Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.

Key Factors Influencing Your Personal Injury Settlement Value

Posted on December 8, 2023 by admin

Navigating the complex world of personal injury settlements is no easy feat, especially when dealing with the tactics commonly employed by insurance companies to minimize payouts. When you’ve been injured due to someone else’s negligence, understanding the key factors that influence the value of your claim is crucial.

This blog post aims to guide you through these critical elements, helping you to effectively calculate and negotiate your personal injury damages. We’ll discuss the variables that can affect your settlement value, shed light on the strategies that insurance companies and their attorneys may use to decrease your compensation and provide insights into the personal injury calculator, a tool that can be effective in valuing your claim. Stay tuned as we delve into the intricacies of personal injury settlements.

Call 317-881-2700 to File a Personal Injury Settlement Claim in Indianapolis Indiana

What Factors Affect the Value of Your Personal Injury Settlement?

When determining the value of your personal injury claim, several key factors come into play. These variables can vary significantly from case to case, making it challenging to assign a figure for your damages. However, understanding these elements and how they influence your settlement value is crucial in negotiating a fair compensation amount. Here are some of the key factors that can impact your personal injury settlement value:

Nature and severity of injuries: The type and extent of your injuries have a significant impact on the value of your claim. Generally, more severe injuries should result in higher compensation amounts.

Medical treatment and expenses: The cost of medical treatment for your injuries, including past and future expenses, can significantly impact your settlement value.

Lost wages and income: If your injuries have caused you to miss work or impacted your ability to earn an income, this can be factored into your compensation amount.

Pain and suffering: Physical pain, emotional distress, and mental anguish resulting from the accident can also be considered when calculating the value of your claim. These damages are calculated differently by each insurance carrier for a settlement or a jury for a verdict.

Duration of recovery: The length of time it takes for you to fully recover from your injuries can also play a role in determining the value of your settlement.

As you can see, there are multiple variables that can impact the value of your personal injury settlement. However, keep in mind that each case is unique and may involve additional factors not mentioned here. It’s always best to consult with a personal injury lawyer to assess your specific situation and determine the most accurate estimate of your potential settlement value. You should hire an attorney.

How Do Insurance Companies Try to Lower the Value of a Personal Injury Claim?

Insurance companies are businesses, and their primary goal is to make a profit. As such, they may employ various tactics to decrease the value of personal injury settlements and minimize their payout. Some common tactics used by insurance companies include:

Disputing liability: Insurers may try to shift the blame onto the injured party or argue that their policyholder is not entirely at fault for the accident, even if the argument is without very much merit.

Downplaying injuries: Insurance companies may downplay the severity of your injuries and try to get you to settle quickly before you realize the full extent of your damages and before you can hire your own attorney.

Delaying the claims process: Insurers may intentionally prolong the settlement process to pressure you into accepting a lower offer.

Using recorded statements against you: Be cautious when providing recorded statements to insurance companies, as they can use them to discredit your claims and reduce your settlement value by attempting to get you to guess in your answers or attempting to have you answer in a way which can later be argued in a misinterpreting way.

The Role of Personal Injury Calculators in Valuing Your Case

Personal injury calculators are online tools that use algorithms and data input to estimate the potential value of your claim. While these calculators can be helpful in providing a rough estimate, they should not be relied upon as the final say on your settlement value. These tools do not take into account all the nuances and complexities of personal injury cases, and their results may vary significantly from what you eventually receive. It’s always best to seek professional legal counsel and use the personal injury calculator as a starting point rather than the final determining factor.

Conclusion

The value of your lawsuit settlement can be influenced by various factors, including the nature of your injuries, medical expenses, lost wages, temporary or permanent injuries and pain and suffering. Insurance companies will try to lower the value of your settlement through tactics such as disputing liability and downplaying injuries. While personal injury calculators can provide a general estimation, it’s crucial to consult with a lawyer for a more accurate assessment of your claim’s value.

With this knowledge in hand, you’ll be equipped to negotiate a fair settlement and receive the compensation you deserve. In the end, it is also difficult to assign any specific number as reasonable to any settlement or potential verdict because all juries are different but you attorney should be able to provide you with an accurate ballpark for a full and fair settlement after evaluating the law and facts relevant to your case.

Don’t let insurance companies take advantage of you – know your rights and seek legal assistance when necessary. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free case consultation and let our Indianapolis civil litigators guide you through the personal injury claim and settlement process. We represent any victim all throughout the state, plus Indiana residents injured in other states.

5 Reasons You Need a Car Accident Lawyer After a Collision

Posted on December 5, 2023 by admin

Accidents happen, and when they do, they can turn your world upside down. The aftermath of a car collision can be a whirlwind of stress, confusion, pain and uncertainty, particularly if you’ve sustained injuries. Many people make the mistake of trying to navigate these troubled waters alone, underestimating the complications that can arise from injury claims, insurance companies and legal processes.

If you’ve found yourself in this predicament, it’s vital to know that you’re not alone, and help is closer than you think. Here are the top five reasons why securing a car accident lawyer to guide you through this tumultuous time can be the best decision you make.

Call 317-881-2700 to Speak With an Indianapolis Car Accident Lawyer Near You

5 Advantages of Hiring a Car Accident Lawyer After Being Hurt in a Wreck

1. Protecting Your Rights

After an accident, it’s crucial to understand your legal rights and the options available to you. A car accident lawyer concentrates on personal injury law and has a thorough understanding of your rights as an accident victim. They can help you navigate through the complexities of the legal system, ensuring that you receive fair compensation for your injuries and losses. An automotive injury lawyer can also represent you in court if necessary, protecting your rights and interests every step of the way.

2. Knowledge and Experience

Navigating the legal system on your own can be a daunting task, especially when you’re dealing with injuries and medical bills. Hiring a car accident lawyer means having someone by your side who has the knowledge and experience to handle your case effectively. They understand the intricacies of tort law and can help you document a strong case to support your claim. Moreover, they have experience dealing with insurance companies and will know how to negotiate for a fair settlement on your behalf.

3. Gathering Evidence

In any legal case, evidence is crucial, and motor vehicle accident cases are no exception. A lawyer can help you gather and preserve evidence that will strengthen your case, such as medical records, police reports, witness statements, and any other documentation relevant to your accident. They also have access to expert witnesses who can provide valuable insights into your case, further strengthening your claim.

4. Dealing with Insurance Companies

Insurance companies are notorious for trying to minimize payouts and protect their bottom line. They make multi-millions and billions every year and they don’t make those kinds of profits paying out full and fair settlements. Dealing with them on your own can be overwhelming, and they may try to take advantage of you in your vulnerable state. Having an auto accident lawyer on your side means having someone who knows how to handle insurance companies and will fight for your rights to fair compensation.

5. Peace of Mind

The aftermath of a car accident is stressful enough without having to worry about legal proceedings and insurance claims. Hiring a motor vehicle accident lawyer can provide you with the peace of mind that comes with knowing your case is in capable hands. You can focus on recovering from your injuries while your personal injury lawyer handles the legal details, ensuring that you receive fair compensation for your losses.

In Summary

After a collision, it’s vital to have an experienced car accident lawyer by your side as soon as possible to protect your rights and guide you through the legal process. Their knowledge, experience, and ability to handle insurance companies will give you the best chance of receiving fair compensation for your injuries and losses. Don’t try to navigate this challenging time alone; hire a car accident lawyer and let them handle the complexities while you focus on recovering from your injuries. Remember, help is closer than you think. Stay safe on the roads. Drive with caution and always keep your eyes of for other drivers not using reasonable care.

Get started on your auto accident injury claim with the right team of professionals on your side. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned car accident lawyer in Indianapolis, Indiana. Our services come at no expense and zero risk to you since we operate on a contingency-fee basis. This means that we only receive payment if we succeed in securing a settlement or winning an award for you.

How to Navigate the Aftermath of a Personal Injury in Indiana

Posted on November 27, 2023 by admin

Personal injury incidents, whether they occur in a car accident, at work, due to the negligence of a physician or due to a faulty product, can leave you grappling with physical pain, emotional distress, and financial strain. Maneuvering through the legal process in such a situation can be a daunting task, especially when you are trying to recover.

This blog post aims to guide you on how to navigate the aftermath of a personal injury in Indiana. We will discuss the role of a personal injury attorney, provide insight into the personal injury settlement process, and analyze how to best assess your damages and losses. We hope this guide can serve as a roadmap to help you find your way through this challenging time.

Call 317-881-2700 to Speak With Our Indianapolis Personal Injury Legal Team

The Role of a Personal Injury Attorney

Navigating the legal system can be complicated, and this is especially true in personal injury cases. A personal injury attorney can be your biggest ally during this time. They are trained professionals who concentrate on handling legal matters related to personal injuries and have extensive knowledge of the laws and regulations in Indiana. Hiring a personal injury lawyer can help you understand your legal rights, negotiate with insurance companies on your behalf, and ensure that you get the compensation you deserve. Furthermore, they can handle all the complicated paperwork and represent you in court if necessary, allowing you to focus on your recovery.

The Personal Injury Settlement Process

The personal injury settlement process is when parties involved in such an incident agree to resolve the case without going to trial. It involves negotiating a settlement amount that covers your damages and losses, including medical bills, lost wages, and pain and suffering. This process can be complex and requires careful consideration of various factors such as the severity of injuries, long-term impact on your life, and potential future expenses. Having an accident attorney by your side is essential to facilitate this process as they have experience in negotiating settlements and fighting for their clients’ best interests.

Assessing Damages and Losses

One of the most crucial aspects of navigating the aftermath of a serious injury is accurately assessing your damages and losses. These can include economic damages, such as medical bills and lost wages, as well as non-economic damages like pain and suffering and emotional distress. It’s essential to document all your expenses and keep track of any physical or emotional changes you experience as a result of the injury. Your accident lawyer can assist in this process by gathering evidence, consulting with medical professionals, and calculating the full extent of your damages to ensure that you receive fair compensation.

Mistakes to Avoid During Your Personal Injury Case

When you are a personal injury claimant, there is a lot at stake when it comes to your personal injury case. One of the most important things to keep in mind is to avoid making any mistakes that could negatively impact your case. This includes avoiding making statements or posting photos on social media that could be misinterpreted and used against you in court. Additionally, it’s important to keep all documentation related to your accident claim in a safe place and to avoid discussing your case with anyone other than your lawyer. Remember, one mistake can significantly affect the outcome of your case, so it’s important to be vigilant and cautious throughout the entire process.

Conclusion

Suffering from a personal injury can be overwhelming, but having the right information and support can make a significant difference. Remember to seek medical attention, gather evidence, and consult with an injury attorney as soon as possible after an incident occurs. They can guide you through the legal process, negotiate on your behalf, and help you get the compensation you deserve. By following these tips, you can navigate the aftermath of a serious accident in Indiana with confidence and focus on your recovery.

If you or a loved one have experienced a personal injury, don’t hesitate to seek the necessary help and support. 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.

Navigating Indiana’s Statute of Limitations for Medical Malpractice

Posted on November 13, 2023 by admin

Medical malpractice claims can be daunting, not only due to the intricate nature of the medical procedures involved but also the legal complexities that abound. Particularly in Indiana, understanding the statute of limitations for these claims is imperative. This blog will help guide you through the labyrinth of Indiana’s specific rules and timelines related to medical malpractice claims.

Our goal is to arm you with the knowledge necessary to protect your rights and navigate the legal waters with confidence. Whether you are a patient who feels they’ve been wronged or a medical malpractice lawyer seeking clarity, stick with us to unravel the nuances of Indiana’s statute of limitations for medical malpractice.

Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis

Statute of Limitations Definition

Before delving into Indiana’s specifics, let’s first understand the term ‘statute of limitations.’ Simply put, it is a legal time limit within which you can file a lawsuit. Every state has its own set of rules and timelines for different types of cases, including medical malpractice claims. These laws are in place to ensure that cases are brought forward in a timely manner, and evidence is still fresh and obtainable.

Indiana’s Statute of Limitations for Medical Malpractice Claims

In Indiana, the statute of limitations for medical malpractice claims is normally two years from the date the alleged malpractice occurred. This means you have two years to file a lawsuit against the healthcare provider responsible for your injuries. However, there are exceptions to this rule that could extend or shorten the time limit.

Exceptions to Indiana’s Two-Year Rule

Discovery Rule: If you discover the medical malpractice after the two-year deadline has passed, you may still have a case. The discovery rule applies in situations where the injury was not discovered immediately but rather, later on when symptoms arise. In these cases, the two-year clock starts ticking from the date you discovered or reasonably should have discovered the malpractice.

Continuous Treatment: If you were undergoing continuous medical treatment from the same healthcare provider for your initial injury, the statute of limitations may be extended to three years from the last date of treatment. This exception can also apply if the continuous treatment was for a related condition or injury.

Minor Children: In personal injury cases involving minor children, the statute of limitations does not begin until the child turns 6 years old. So, if your child was injured due to medical malpractice at the age of 2, you normally have until they turn 8 to file a lawsuit.

Foreign Objects: If a foreign object (such as a surgical sponge) is left inside a patient’s body during surgery, the statute of limitations does not start until the object is discovered or should have been discovered.

Statute of Repose

In addition to the two-year and exception rules, Indiana also has a statute of repose that could impact your medical malpractice claim. The statute of repose sets an absolute deadline for filing a lawsuit, regardless of any exceptions. In Indiana, the statute of repose for medical malpractice claims is seven years from the date of the alleged malpractice, but every case needs to be looked at individually.

Why It’s Important to Adhere to Indiana’s Statute of Limitations

Failing to adhere to Indiana’s statute of limitations can result in your case being dismissed without ever being heard. This means you may lose your right to seek compensation for your injuries and damages. It is essential to consult with a medical malpractice lawyer as soon as possible if you believe you have a case.

Key Takeaway

Navigating Indiana’s statute of limitations for medical malpractice claims can be challenging, but understanding the rules is crucial. The key takeaway is that the deadline to file a lawsuit is typically two years from the date of the alleged malpractice, but exceptions may apply. To ensure your rights are protected and you have the best chance at a successful outcome, it’s crucial to seek legal advice as soon as possible.

Don’t let Indiana’s statute of limitations be a roadblock in your pursuit of justice for medical malpractice. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

Medical Insights: The Difference Maker in Personal Injury Cases

Posted on November 9, 2023 by admin

When it comes to personal injury cases, the difference between a favorable outcome and a disappointing one often hinges on the insights provided by medical experts. Their expertise and understanding of complex health conditions can be instrumental in shedding light on the nature and impact of injuries sustained.

In this blog post, we’ll delve into how medical experts contribute to personal injury cases, the importance of their expert testimony, and why their knowledge can be the decisive factor in reaching a fair and just resolution.

Call 317-881-2700 When You Need a Personal Injury Law Firm Near Indianapolis

The Role of Medical Experts in Personal Injury Cases

Personal injury cases involve legal disputes arising from accidents or incidents that have caused harm to an individual’s physical and/or mental well-being. These injuries can range from minor cuts and bruises to severe disabilities or even death. In such cases, medical experts play a crucial role in providing the necessary knowledge and evidence to support the plaintiff’s claims.

The first step towards seeking compensation for personal injuries is establishing proof of harm. This requires demonstrating that the injuries sustained were a result of the incident in question. Here, medical experts can provide invaluable insights by examining the patient’s medical history, conducting thorough physical exams, and reviewing diagnostic tests. Their findings help establish a clear link between the accident and the resulting injuries, providing a solid foundation for the case.

The Importance of Expert Testimony

In personal injury cases, expert testimony is often the most important form of evidence. It involves medical experts taking the stand and giving their professional opinions on matters such as causation, severity of injuries, and long-term effects. This testimony can be crucial in helping judges and jurors understand complex medical terms and processes that may have contributed to the injuries.

Expert testimony also helps bridge the gap between medical evidence and legal arguments. Medical experts are well-versed in presenting technical information in a manner that is easily understood by non-medical professionals. Their insights can make a significant difference in how the evidence is perceived and evaluated, potentially swaying the final decision in favor of the plaintiff.

Why Medical Knowledge Matters

In personal injury cases, medical knowledge can be the decisive factor in determining the outcome. The insights provided by medical experts can uncover hidden injuries or long-term effects that may not have been immediately apparent. This information can significantly impact the amount of compensation awarded to the plaintiff, as well as the defendant’s liability. Additionally, medical knowledge helps establish a timeline for recovery and potential ongoing treatment costs, which are essential considerations when seeking damages.

Moreover, medical insights also play a critical role in assessing non-economic damages such as pain and suffering or loss of enjoyment of life. These aspects are often challenging to quantify but can significantly impact the plaintiff’s quality of life. Medical expertise provides opinions on the severity and long-term effects of injuries, helping to assign a fair value to these intangible yet very real damages.

Conclusion

In personal injury cases, medical insights are undeniably the difference maker. The expertise and knowledge provided by medical experts can be instrumental in establishing proof of harm, providing crucial evidence in the form of expert testimony, and determining the extent of damages. As such, it is essential for plaintiffs to seek out reputable and knowledgeable medical experts to ensure that justice is served in these cases. By understanding the role and importance of medical professionals in personal injury cases, we can better appreciate their contributions towards achieving fair resolutions for those affected by accidents or incidents.

We hope this blog post has provided helpful information about medical testimony for wrongly injured victims in personal injury cases. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a no-fee personal injury case evaluation with a seasoned accident lawyer in Indianapolis, today. Meet with us over the phone, video conference, or in person at our Indy office.

Steps to Take Immediately After a Personal Injury Occurrence in Indiana

Posted on October 25, 2023 by admin

Being the victim of a personal injury is an unnerving experience, and knowing what steps to take immediately after can be equally daunting. This blog aims to guide you through the process in the state of Indiana. We will demystify the complexities of personal injury law, shed light on how to find the right personal injury lawyer, and guide you on how to initiate a personal injury claim.

Understanding these steps will empower you to take control of the situation, ensuring your rights are protected, and you receive the necessary compensation to cover any medical bills, lost wages and pain and suffering.

Personal Injury Law in Indiana

Before diving into the steps to take after a personal injury occurrence, it’s crucial to understand personal injury law in Indiana – also known as tort law. In simple terms, personal injury law involves cases where an individual has been injured due to the negligence of another person or entity. This can include car accidents, slip and falls, medical malpractice, and more. The state of Indiana follows the comparative fault rule, which means that if you are found to be partially at fault for the injury, your compensation will be reduced by your percentage of fault. If you are more than 50%, you cannot recover anything. Therefore, it’s essential to gather evidence and prove the other party’s negligence to ensure maximum compensation.

The Role of Negligence in a Personal Injury Claim

As mentioned, proving the other party’s negligence is crucial in a personal injury claim. This means showing that they had a duty of care towards you, and their actions or lack thereof breached that duty, resulting in your injuries. In Indiana, there is a statute of limitations of two years for most personal injury claims. This means that if you do not file your claim within two years from the date of the injury, you may lose your chance to seek compensation.

In some cases in Indiana, if you do not do certain things within just a few months, you can lose your claim. That’s why it’s crucial to take immediate action after a personal injury occurrence. In addition, you should hire an attorney as fast as you can following your auto collision or trip and fall as evidence will disappear starting the moment after the incident.

How to Prove Negligence in a Personal Injury Lawsuit

To prove negligence, you will need to gather evidence such as witness statements, medical records, photos of the accident scene, and any other relevant documentation. It’s also crucial to seek immediate medical attention after a personal injury accident. Not only is this vital for your health, but it also serves as evidence in your claim. Additionally, keep track of all medical expenses and any lost wages due to the injury. This will help calculate the compensation you are entitled to.

Finding the Right Personal Injury Lawyer

After having a personal injury, finding the right lawyer can make a significant difference in the outcome of your case. It’s crucial to find a civil litigator who concentrates on personal injury law and has experience handling cases similar to yours. Additionally, consider their track record and success rate as it can give you an indication of their capabilities. Most attorneys offer free consultations, so take advantage of this opportunity to discuss your case and see if they are the right fit for you.

Initiating a Personal Injury Claim

Once you have found the right personal injury lawyer, they will help you initiate a personal injury claim. The first step is to gather all evidence related to your case, including medical records, police reports, witness statements, and any other relevant documentation. After you have finished your medical care or at a minimum stabilized with your on-going medical care needs, your lawyer will then draft a demand letter outlining the damages you are seeking and send it to the responsible party. From there, negotiations will take place, and if a settlement cannot be reached, your lawyer will file a lawsuit on your behalf. The legal process can be lengthy, but having a skilled personal injury lawyer by your side can make all the difference in securing fair compensation.

Conclusion

Suffering a personal injury can be overwhelming, but knowing what steps to take immediately after can make a significant difference in the outcome of your case. Understanding personal injury law in Indiana, finding the right lawyer, and initiating a personal injury claim are essential elements for a successful resolution.

Remember to stay informed and take control of your situation to ensure that you receive fair compensation for your injuries. With the right knowledge and support, you can navigate through the complexities of personal injury law in Indiana and receive the justice and compensation you deserve. So don’t hesitate to take these necessary steps after a personal injury occurrence for your own peace of mind. Stay safe!

As always, we hope this information has been helpful. If you ever need assistance with a personal injury claim in Indiana, our team of experienced personal injury lawyers is here to help. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free initial consultation, and let us guide you through the legal process. Your well-being and rights are our top priority.

Understanding the Legal Aspects of Slip and Fall Accidents in Indiana

Posted on October 5, 2023 by admin

Slip and fall accidents can lead to severe injuries, impacting victims both physically and mentally. Understanding the legal aspects surrounding these incidents in Indiana is crucial to protecting your rights and securing personal injury damages you are legally entitled to. This blog is here to shed light on the premises liability law in Indiana, detail the legal process involved in slip and fall cases, and guide victims on how to navigate the often complex terrain of personal injury cases. Join us as we delve into the intricacies of this critical aspect of law.

Call 317-881-2700 to Speak to a Skilled Premises Liability Lawyer in Indianapolis

What is Premises Liability in Indiana?

Premises liability is a legal doctrine that holds property owners responsible for injuries suffered on their premises. This entails the responsibility of the owner to maintain a safe environment and reasonably prevent hazards from occurring. In Indiana, both residential and commercial property owners must endeavor to help keep their visitors safe by taking appropriate measures. If they fail to do so, they can be held liable for any injuries that occur.

How Does Indiana Law Define a Slip and Fall Accident?

In general, a slip and fall accident is defined as an incident where someone trips or slips due to hazardous conditions on the property of another person. This could include anything from a slippery floor to debris left in a walkway. In Indiana, the courts use a “reasonableness standard” to assess whether someone is liable for a slip and fall accident. This means that if it can be reasonably assumed that the property owner did not take adequate steps to prevent an accident from occurring, they may be held responsible.

Additionally, there are two approaches adopted by Indiana Courts when dealing with slip, trip, and fall accidents. The “open and obvious” doctrine dictates that if the hazard is open and obvious to a reasonable person, then it could be assumed that the plaintiff should have taken more care in avoiding the accident. However, even if the hazard is open and obvious, a property owner can still be liable depending upon the specific facts of the case. On the other hand, the “reasonable discovery” rule states that as long as a hazard is not open or obvious, property owners still have an obligation to take reasonable steps in making sure their property is free of dangers.

What Should You Do if You Get Involved in a Slip and Fall Accident?

If you find yourself involved in a slip and fall accident, the most important thing to do is seek medical attention right away, even if your injuries seem minor. Additionally, it’s a good idea to take photos and videos of the scene and to obtain names and phone numbers of witnesses, as this can be used as evidence in court. It is vital that you request that the property owner or manager retain any and all video of the fall from at least two hours before the fall to two hours after the fall. It’s also important to note anything that could have caused the accident, such as a slippery floor or something blocking your path. Finally, it’s crucial for you to get legal advice from an experienced personal injury attorney who can guide you through the process of filing a lawsuit and securing damages.

What Kind of Damages Can You Recover in a Slip and Fall Lawsuit?

If you are successful in filing a lawsuit against the property owner or whoever was in charge of the property at the time, you could be eligible to receive compensation for any medical bills, pain and suffering, lost wages and other losses incurred due to your injuries. This includes physical pain and suffering, emotional distress, lost wages, and even punitive damages if the court or jury deems them appropriate. In addition to these damages, you may also be able to receive compensation for lost property or repair costs as well. This could include items such as clothing damaged during the accident, medical equipment or aids used to treat your injuries, and any other costs related to the incident.

Conclusion

Slip and fall accidents can lead to serious injuries and financial losses, which is why it’s important to understand the legal aspects of these cases in Indiana. If you have been involved in such an accident, contact a knowledgeable premises liability attorney who concentrates on slip, trip, and fall cases can help guide you through the process of filing a lawsuit and ensure that you get full compensation for your losses. With the right guidance and proper documentation, you can secure justice and financial security for yourself and your loved ones.

If you have experienced a recent personal injury accident, make sure to take the time to understand your options before making any decisions. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with seasoned slip and fall lawyers in Indianapolis, Indiana. We have successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards.

Top Reasons Insurance Companies Deny Personal Injury Claims

Posted on October 2, 2023 by admin

Navigating the world of personal injury claims can be a tumultuous journey, fraught with complexities and unexpected roadblocks. One major hurdle personal injury claimants often face is having their claim denied by insurance companies. As heartbreaking as it sounds, it’s a common reality many individuals grapple with, often leaving them in a state of confusion and desperation. In this blog post, we’ll reveal the top excuses used by insurance companies in an attempt to deny or lower the value of personal injury claims. We hope to provide insight and guidance that can help you avoid insurance claim pitfalls.

So, whether you’re just starting your claim, or you’ve already enlisted the help of a personal injury lawyer, having this knowledge at your disposal is invaluable. Strap in as we unravel the often opaque world of insurance claims.

Call 317-881-2700 to Speak With an Injury Insurance Claim Attorney in Indianapolis

Why Do Injury Claims Get Denied By Insurance Companies?

Reason 1: Failure to Seek Prompt Medical Treatment

One of the most common reasons insurance companies deny personal injury claims is if there’s a gap between the date of the accident and when medical attention was sought. Insurance adjusters are trained to scrutinize every detail in an attempt to discredit your claim. If you wait too long before seeing a doctor, they’ll use this as an excuse to argue that your injuries weren’t a direct result of the accident. To avoid this, make sure to seek medical treatment as soon as possible after an accident, even if you don’t feel any immediate significant pain or discomfort. Tell your doctors each and every body part that hurts and describer the type of pain to them.

Reason 2: Discrepancies in Medical Records

Another tactic used by insurance companies is to compare your medical records from your different providers. If there are any what appear to be discrepancies, they’ll use this to question the legitimacy of your claim. It’s important to be consistent when describing your injuries and symptoms to medical professionals, and to seek treatment from a reputable doctor or specialist. It should be noted there are always “discrepancies” is treatment records as not all doctors and nurses use the exact same language when documenting a medical encounter and sometimes the medical providers simply make mistakes, especially when they are filling out a medical record hours after they saw the patient or for any other of several reasons.

Reason 3: Pre-Existing Injuries

Insurance companies often try to argue that your injuries were preexisting and not caused by the accident. They will request access to your medical history, looking for any previous injuries or conditions that could be used against you. It’s important to disclose any preexisting injuries or conditions to your doctor and personal injury attorney, as they can help document a case that proves your current injuries were exacerbated by the accident, even if you did have any pre-existing condition.

Reason 4: Lack of Evidence

Insurance companies are notorious for denying claims due to a lack of evidence. This is why it’s crucial to gather as much evidence as possible after an accident, including witness statements, photos, and police reports. Without solid evidence, insurance companies can argue that the accident didn’t occur or that your injuries were not as severe as you claim.

Reason 5: Failure to Follow Doctor’s Orders

If you fail to follow your doctor’s recommended treatment plan, insurance companies may use this as a reason to deny your claim. They may argue that your injuries were not as serious as you claim or that you didn’t take proper steps to recover. It’s important to follow all medical advice and document any missed appointments or treatments.

Reason 6: Lack of Legal Representation

Insurance companies know that individuals without legal representation are more likely to accept a lower settlement or give up on their claim altogether. Having an experienced personal injury lawyer by your side greatly increases your chances of success and helps to ensure that you receive the full compensation you deserve.

Reason 7: Statute of Limitations

Each state has its own statute of limitations for personal injury claims, which is the time limit within which a claim must be filed. If you miss this deadline, insurance companies can use it as a reason to deny your claim. It’s important to file your claim as soon as possible after an accident and be aware of the statute of limitations in your state.

Conclusion

While dealing with insurance companies may seem like an uphill battle, understanding their tactics and having a knowledgeable personal injury litigator on your side can make all the difference. By avoiding these common pitfalls, you can increase your chances of a successful claim and receive the compensation you deserve for your injuries. Don’t let insurance companies deny you justice – arm yourself with knowledge and seek professional legal assistance to help navigate this complex process.

Would you like to speak with a seasoned civil litigator who knows how to deal with stubborn insurance companies? Contact the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to set up a free case evaluation with an experienced accident claim lawyer in Indianapolis, Indiana. We represent personal injury claimants all across the state, including Indiana residents injured in other states. No need to travel – we gladly provide the option to hold meetings by phone, at your residence, online, or at the hospital if necessary.

The Impact of Testimonials in Personal Injury Lawsuits

Posted on September 18, 2023 by admin

In the complex world of personal injury law, testimonies often play a pivotal role. They serve as vital pieces of evidence, providing a firsthand account of the incident, and can significantly influence the outcome of a case. But what exactly is testimonial evidence? Why is it so integral to a personal injury case?

The purpose of this blog post is to provide insight into these inquiries, underscoring the profound impact testimonies can have on the trajectory and outcome of a personal injury lawsuit. Join us as we delve into the intricate role of testimonies and understand their importance in navigating a personal injury case.

Call 317-881-2700 to Speak With Personal Injury Attorneys Near Indianapolis IN

How Personal Injury Lawsuits Work

When a person is wrongly injured in an incident, they can choose to pursue legal action and file a personal injury lawsuit. This type of civil lawsuit seeks compensation for the damages the plaintiff has incurred due to the negligence or wrongdoing of another party. For personal injury claimants to have a successful case, they must provide evidence that demonstrates their version of events and proves their claims on a more likely than not basis. This is where testimonial evidence comes into play.

The Purpose of Personal Injury Testimonies

Testimonies are written or oral statements given by witnesses to the incident, and they can have a huge impact on personal injury cases. Testimonies serve as a direct account of what happened, providing in some cases an unbiased perspective that can be used to corroborate other pieces of evidence in the case. They provide proof that supports the plaintiff’s story and can help to establish liability. They have a direct influence on the outcome of the case and are often seen as one of the most powerful pieces of evidence in personal injury claims.

Testimonies also serve another purpose: they humanize the plaintiff’s experience, as it should be. When people read or hear a firsthand account from a real person, it resonates more than any other type of evidence. Testimonies can draw out feelings of sentiment, empathy and create an emotional connection with the audience, which can sway their opinion in favor of the plaintiff. This emotional impact can have a direct effect on how the case is perceived by the jury and judge, making testimonies a powerful tool for personal injury cases.

Types of Testimonial Evidence Used in Personal Injury Cases

There are several types of testimonial evidence that can be instrumental in personal injury cases. These include eyewitness testimonies, expert testimonies, plaintiff testimonies, and even defendant testimonies.

Eyewitness Testimony: This is often the most direct form of testimonial evidence. People who witnessed the incident firsthand can provide crucial details about what happened, thus helping to establish the facts of the case.

Expert Testimony: In most personal injury cases, it is necessary to call upon expert witnesses in certain fields, like doctors or engineers, to provide their professional opinion on the cause of the injuries or the conditions that led to the incident.

Plaintiff and Defendant Testimony: The individuals involved in the case, both the plaintiff (the person who was injured) and the defendant (the person accused of causing the injury), can also provide testimonial evidence about the events leading up to, during, and after the incident.

Remember, the credibility of testimonial evidence depends largely on the credibility of the person providing it. Therefore, it’s typically assessed in conjunction with other types of evidence, like physical or documentary evidence.

In Summary

When pursuing a personal injury claim, testimonies can be an invaluable asset. They provide hard evidence to support the plaintiff’s claims and can be used in conjunction with other pieces of evidence to document a strong case. Furthermore, their emotional impact on the audience cannot be understated; they often determine how favorably the jury and judge view the case. For these reasons, testimonies are an integral part of personal injury cases, and should be thoroughly considered in the pursuit of justice.

If you or someone you know has been injured due to another person’s negligence, it is important that you contact an experienced legal professional. Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned accident lawyer in Indianapolis, Indiana. We represent injured victims all across the state, including Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings over the phone, at your home, online, or at the hospital if necessary.