Legal Liability for Prescription Drug Overdoses

Posted on September 13, 2016 by admin

Personal Injury Law Firm 317-881-2700

When a person overdoses on prescription drugs, there are many questions about who’s to blame for their residual complications or death. Families who are dealing with this unfortunate and common tragedy want to know if there is anyone that should be held liable for their loved one’s overdose. The drug dealers? The doctors? Peers? Perhaps the drug manufacturer? If you are questioning whether or not you can sue for your loved one’s overdose, then it is important to learn about the liability surrounding the epidemic.

Who is Liable?

Because prescription drug use is becoming a dangerous and frequent hobby amongst people of all ages, there are many illegal activities surrounding the acquisition of such drugs. For instance, many patients who were initially prescribed a prescription drug for a medical purpose, may want to continue using the drug even after their prescription runs out. In this case, they would search for ways to purchase their medication illegally. This is usually done via drug deals.

Another common method for acquiring prescription drugs is to forge prescriptions, manipulate doctors into prescribing the drug over and over again, or jump from doctor to doctor for the same prescription. Users have also stolen prescription drugs from others who are rightfully-prescribed, such as people with disabilities or elderly persons.

Drug Dealers

Personal Injury Law Firm 317-881-2700

Since there are various ways for users to acquire prescription drugs, both legally and illegally, it can be difficult assigning liability to a person or entity. For example, if a user overdoses on a prescription drug they have acquired through a drug dealer, the dealer may be arrested and charged with murder, manslaughter, or drug trafficking.

But since the initial act of acquiring the drugs was illegal, a person cannot collect compensation for a wrongful death or overdose. And in most cases, drug dealers are not arrested for these kinds of charges because they do not have a documented paper trail for their sales, unlike doctors.

Doctors and Pharmacists

In some cases, health care providers and pharmacists may be held accountable for a drug overdose if they were negligent in seeing a pattern of abuse, or continued to prescribe the medicine without proper evaluations and dosage supervision. These parties have a duty of care to recognize past drug use and monitor prescription drug use, as well as, be on the lookout for illicit activity. However, it is rare to be able to sue doctors and pharmacies for a drug overdose since it is highly complex to prove that the victim’s overdose was a direct cause of a healthcare provider’s negligence. There are many questions that can evade liability of a doctor or pharmacist: To what extent was their overdose related to the healthcare provider? And to what extent was the overdose caused by other factors?

It is imperative to consult a personal injury lawyer to discuss your options for compensation after a loved one overdoses on prescription drugs. With so many complex details surrounding such cases, you need an experienced accident attorney to support your efforts and recover the truth.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to recover the full and fair compensation victims deserve after being wrongfully injured. Not only do we offer free initial consultations to discuss your claim, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with an Indianapolis personal injury attorney, today.

Things to Consider Before Suing a Relative for a Personal Injury

Posted on July 19, 2016 by admin

Personal Injury Lawyers 317-881-2700

Accidents can happen anywhere, and when they happen as a result of another’s negligence, someone should be held accountable for a victim’s damages and losses. But what if you or someone you love ends up seriously injured at a relative’s house? The lines between right and wrong can seem blurred when it comes to suing a family member for injuries sustained by you or your children, however, many families feel like they are left with no other choice. So before jumping right into a lawsuit, you need to think about a few things first.

Turning Family Matters into Legal Matters

From swimming pool accidents to fireworks injuries and more, several types of personal injuries can take place at a private residence. And the likelihood of injuries only increases as families grow and get together more often. For this reason, many people have chosen to sue family members in order to cover compensation for medical expenses, hospital bills, lost wages, and more. So if you are in the same predicament, and you are leaning toward filing a claim against a relative, you are not alone. But before you do, it is strongly encouraged to go over the practical and emotional considerations involved in suing family.

Practical Considerations

The first question you want to ask yourself is whether or not you can actually recover anything if you do decide to sue your uncle, sister, cousin, father-in-law, etcetera. You want to think about whether or not they have the financial means for remuneration, including cash, insurance, or liquid assets. If they have very little of these, or none at all, there is little-to-no chance of collecting any money. Under circumstances like these, pursuing a lawsuit would only cause friction within the family. And if they do have some financial means, the second question you need to ask yourself is whether or not they have enough that would make the settlement worth it?

Emotional Considerations

Aside from the practical aspects of suing a relative, there are some important emotional considerations that can influence your decision to move forward with a lawsuit. For instance, if you were to collect compensation from your family member, will there be a consequential domino-affect for the family as a whole? Will their children or other “innocent bystanders” of the family be negatively affected by the lawsuit and eventual settlement? This could not only cause you to have guilt and remorse, it could lead to several uncomfortable and difficult conversations for the entire family, and for many years to come. It could also turn out to be a conflict that changes the dynamic of the family, and never forgotten for the rest of their lives.

The Reality of Injuries

Regardless of practical and emotional issues, sometimes it is necessary to go forward with a personal injury claim, especially when injuries are very serious. For this reason, it is important for family members to understand the realities of injuries, and that a claim for compensation is nothing personal. You can even have a discussion with family to strategize ways to avoid a claim, lawsuit, and legal fees. For example, your relative can pay medical expenses and hospital bills, and everyone can move forward happy and conflict-free. Talk to your personal injury lawyer for professional advice and guidance after being seriously injured in an accident at a family member’s house.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are here to help. They have extensive trial and litigation experience, and can guide you in the right direction for your personal injury claim. They offer free initial consultations and never collect attorney fees unless they recover for you. Call 317-881-2700 to schedule an appointment with an
Indianapolis accident attorney today.

Advice for Victims of Dog Bites and Animal Attacks

Posted on December 15, 2015 by admin

Here is the scenario: a dog, or other seemingly domesticated pet or animal, jumps and attacks you while on your morning jog, foot-commute to work, or stroll through the park. What do you do? There are several ways to approach this situation; a crucial action that cannot be carried out incorrectly, otherwise you can lose the opportunity to gain the legal recompense you deserve for your injuries.

If you have been attacked by a dog and have suffered emotional or physical wounds then be sure you know which steps to make next. Continue reading and learn how to get your medical expenses and more covered with the help of professional legal counsel.

Call 317-881-2700 When You Need a Dog Attack Lawyer in Indiana

What to Do After a Dog Attack

A dog attack can be traumatic and change a person’s life forever. Also, in most cases, owners of vicious or uncontrollable dogs are aware that their pet is a danger; yet they still do not take proper precautions to restrain their dogs for the sake and safety of others. This is why it is important to take action against these types of irresponsible or lethargic pet owners. An aggressive dog that attacks a person has most likely attacked a person or other animal before. If not, they are most likely to certainly attack again. It is better to remove these types of threats from the streets and walkways of our communities.

If you have been attacked by a dog, and bitten, here is what to do next or immediately:

1. Obtain Medical Treatment for Wounds
2. Get the Names and Contact Information of the Dog’s Owners
3. Call the Police and File a Report
4. Decide if You Need to Seek Mental Health Care for Trauma
5. Call a Personal Injury Law Office for Legal Representation

Why Hire an Attorney For Your Dog Attack Claim?

These are the appropriate steps to take in order to get to the bottom of who’s responsible for the dog attack and more. An attorney can professional identify whether or not the dog was provoked, insurance coverage and premise liability limitations of the owners, owners’ responsibility, and more. They are highly trained and experienced to represent dog bite victims. Using proper legal counsel can get the recompense for medical bills, time of work, emotional trauma, and more.

Animal attack cases can be very complex; which is why a police report and legal counsel are highly recommended. This is for your own protection. Dog bites hurt and can cause significant damage to someone’s physical and mental well-being. Take action and do what’s right. Make sure this dog doesn’t attack or hurt another person ever again; especially a young and innocent child.

Craven, Hoover, and Blazek P.C.

For more information about dog bite claims and animal attack cases in Indianapolis, call Craven, Hoover, and Blazek P.C. at 317-881-2770 today. We offer free initial consultations and never collect attorney fees unless we recover for you. Get the legal representation you require for obtaining compensation following a wrongful dog bite or animal attack in Indianapolis, IN.

Frequently Asked Questions About Personal Injury Claims – Part 2

Posted on October 21, 2015 by admin

In last week’s blog, we discussed some common personal injury questions concerning valid claims, compensation, cost of attorney, and more. Since there are many frequently asked questions about personal injury law, which we will discuss some more in this week’s blog! Continue reading for answers to common questions regarding personal injuries, accidents, and claims.

Indianapolis Accident Attorneys 317-881-2700

Personal Injury FAQs

Personal injuries can greatly alter a person’s quality of life. For this reason, it is only just for victims of wrongful injuries to receive the full and fair amount of compensation to pay for medical bills, expenses, and more. In order to protect your rights and recover the necessary funds needed to get your life on track, you must seek out professional legal counsel. Below are some additional frequently asked personal injury questions and answers that will hopefully address some of your concerns as a recent victim of a serious injury or accident.

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

This is a very common question since many victims of personal injuries face long recovery times. Pursuing a claim against a negligent party is often the last thing a family is concerned about right after an accident. But as soon as those expenses start piling up, and valuable time at work is lost, victims start thinking about their rights. At this point, many want to know if it’s too late or if they’ve waited too long to file a claim. It is important to check with your licensed accident attorney since time limits for personal injury cases vary from state to state. However, in Indiana, victims or families of victims have two years from the date of the accident to legally file a claim against an opposing party or insurance company. This time limit is called the Statute of Limitations. This is just one reason why you should take fast legal action after being seriously injured in an accident.

What Should I Say to Insurance Adjusters? What Should I Sign?

It can be very confusing knowing what to say or sign after an accident. Anything said or signed can be used against a victim in their case. Insurance adjusters are specially trained to get certain information from claimants or clients, and will in turn use this information as a means to evade liability for a victims’ damages. The best advice for personal injury victims is to not say or sign anything without consulting a licensed accident attorney first. Waivers, documents, and interviews can entail confusing jargon and mislead victims into accepting liability. An attorney can read through all documents and be present for interviews and questioning to ensure their clients are protected. If you must sign something or answer questions, be sure to read through every line thoroughly and do not give away too much information; and NEVER admit fault under any circumstances.

What are My Rights and How Can I Protect Them?

As a victim of a serious injury or accident, it is only natural to have questions about your rights as a victim and furthermore, how to protect them. Knowing your rights is the first step to protecting your rights after being wrongfully injured in an accident. Here are some exemplary rights for accident victims to keep in mind:

• You have the right to ask a police officer to file a police report.

• You have the right to take pictures at the scene of the accident; but only of your personal property, damages, and injuries.

• You have the right to deny insurance adjusters’ requests for a recorded statement without consulting a lawyer first. (Whether it’s your insurance carrier or another)

• You have the right to legal counsel.

• You have the right to collect compensation for your damages and losses if wrongfully injured.

To protect your rights, you must learn about your case, learn about your rights, and trust a licensed personal injury lawyer to navigate your claim to recover the full and fair compensation you deserve. They have the knowledge, experience, and resources to carefully and compassionately protect your rights and the rights of your loved ones through the entire claim process, start to finish.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident lawyers with extensive trial and litigation experience. Our firm respects all clients and their loved ones, and never collects lawyer fees unless we win your settlement. We also provide free initial consultations to discuss your case and assess your eligibility for remuneration. Call 317-881-2700 to learn your rights after suffering a serious injury in Indiana.

A Brief Review of Indiana’s Personal Injury Laws

Posted on October 1, 2015 by admin

Indianapolis Accident Lawyers 317-881-2700

In terms of personal injury, Indiana has its own set of ordinances that surround the civil legal process and more. This includes time limits for filing lawsuits, government claims, compensation caps, liability, and more. Most of these basic personal injury laws will become relevant at some point, either during court trials or negotiations with insurance companies.

If recently injured and considering a claim against a negligent party, it is wise to familiarize yourself with these personal injury law basics so that you are better prepared to discuss your case with a trusted accident lawyer. Continue reading to review some basic principles surrounding personal injury law, as well as, some fundamental laws and ordinances specific to Indiana jurisdiction.

Statute of Limitations

When a person is wrongfully injured and wishes to pursue a claim against the at-fault party, they cannot wait too long. All states have a set time limit to file a civil lawsuit, all of which vary depending on the type of case. As for Indiana personal injury lawsuits, a person has two years from the date of the accident to legally file a suit. Once two years has come and gone, a personal injury victim loses all opportunity to pursue compensation for their damages. This time limit decreases for other types of claims. For claims against a city or county, a personal injury victim only has 180 days to file a lawsuit. And for claims against an Indiana state government agency, victims have 270 days from the time of the accident.

Liability

Indiana uses “comparative fault” for some personal injury claims. This means a victim can be found partially at-fault for their accident and subsequent damages, thus reducing the opposing party’s liability. It also reduces the total amount of compensation awarded. For example, if a person is hit by a car while crossing the street, but they were not using a designated crosswalk, a court might find them 20% at-fault and the driver 80% at-fault. And the math for compensation would continue from there.

Car Accident Claims

In Indiana, a car accident victim has several options in terms of collecting compensation for their damages. They can choose to file with their own car insurance carrier, the other driver’s car insurance carrier (third party claim), or take the case to court to prove fault and collect compensation for damages.

Dog Bite Claims

Many states follow a “one bite rule” regarding dog bites and injuries. This means a dog owner, to some degree, is protected from liability the first time their dog injuries another person, if their history does not show aggression or past attacks. But Indiana does not use this rule; instead, they use “strict liability” meaning a dog owner is strictly liable no matter what their dog’s behavioral history looks like.

Compensation Caps

In Indiana, there are certain limits to how much compensation can be collected on specific types of cases. For example, medical malpractice lawsuits had a cap of $500,000 for non-economic damages, while government payouts capped out at five million. These compensation caps have been updated since 2012, and may currently abolished. Talk to your personal injury lawyer for current state cap limitations.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of trial experience. Our personal injury law firm fights hard for our client’s right to full and fair compensation. We are not afraid to go the extra mile for our client’s well-being and future! Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, and never pay attorney fees unless we win your case.

Errors that May Waive a Counsel’s Right to Argue for Mistrial

Posted on July 14, 2015 by admin

Indianapolis Accident Attorneys 317-881-2700

If counsel fails to ask the trial court to rebuke a juror during trial, has counsel, for purposes of an appeal, waived any claim of error for a mistrial? The Indiana Court of Appeals says, yes. Recently, in Upham v. Morgan County Hosp., 986 N.E.2d 834 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that the attorney’s failure to ask the trial judge for an admonishment of the jury pool waived the counsel’s right to argue for a mistrial later.

In order to be entitled for a mistrial, the defendant must be able to establish that the questionable conduct that occurred was so prejudicial and inflammatory that it placed the defendant in a “position of grave peril”. Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001), citing Gill v. State, 730 N.E.2d 709, 712 (Ind.2000).

For Example…

In Upham, the wife of a deceased patient brought a wrongful death action against a hospital and their physicians, for their failure to diagnosis her husband’s ruptured abdominal aortic aneurism. The medical review board ruled that the evidence supported a conclusion that the hospital met the applicable standard of care and a jury found for the hospital. On appeal the estate argued that the trial court should have ruled a mistrial after a prospective juror, a retired attorney for Eli Lily opined that malpractice suits were “the goose that laid the golden egg for trial attorneys and specifically plaintiff attorneys.” The plaintiff’s attorney further asked the prospective juror if he believed she was “taking this case just because she wanted an attorney’s figure” and didn’t believe in justice. While the prospective juror replied that he recognized counsel would receive one-third of any judgment, counsel did not ask the trial court to admonish the prospective juror regarding such prejudicial statements.

A trial court has discretion to grant or deny a challenge for cause, and such decision is appealable, as long as it is not illogical or arbitrary. Woolston v. State, 453 N.E.2d 965 (Ind.1983). If a juror serves and should have been removed for cause, the complaining party is entitled to a new trial, absent waiver. Haak v. State, 417 N.E.2d 321, 324 (Ind. 1981). Accordingly, on appeal, in order for a challenging party to prove that an erroneous denial of a challenge occurred and is entitled to a new trial without waiver, the party needs to show that they were unable to strike another objectionable juror because the party had exhausted their remaining peremptory strike.

Therefore, in Upham, The Indiana Court of Appeals held that counsel’s failure to ask the trial court to admonish the jury pool waived counsel’s right for a mistrial. Upon denying the counsel’s motion, the Court of Appeals said that Upham’s counsel invited much of the juror’s prejudicial statements.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional legal assistance in filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in accident law. They are happy to answer your questions about compensation, lost wages, medical bills, legal rights, and more, following a recent serious injury. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your consultation with a licensed personal injury lawyer in Indianapolis, today.

What is a Reservations of Rights Letter?

Posted on June 1, 2015 by admin

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

Personal Injury Law Firm 317-881-2700

When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.

What is the Difference Between Criminal and Civil Penalties?

Posted on May 26, 2015 by admin

There are two primary categories of law within our country’s legal system, civil law and criminal law. Within both categories, legal penalties can ensue for any guilty parties. To understand civil penalties and criminal penalties, it is best to first review what civil and criminal cases are defined as under law. Continue reading to learn about civil and criminal cases, their penalties, and their differences.

Personal Injury Law Firm 317-881-2700

Civil and Criminal Cases

Civil cases are cases in which a person, company, organization, or corporation files a legal complaint against another entity; that entity being any of the above mentioned as well. Civil cases generally deal with legal disputes between private parties, or negligent acts that resulted in injury or damages. The party filing the complaint in a civil court is called the plaintiff, while the party responding to the complaint is the defendant. This process is called litigation. In civil litigation, the plaintiffs ask the courts to “right” a wrong-doing by the defendant. This usually means paying some form of remuneration or compensation to the plaintiff party, or some other form of civil penalty.

Criminal cases deal with actual crimes committed by a defendant, rather than “civil wrong-doings.” These cases are filed by the government, often times the State, and are represented by a state prosecutor. Regular citizens cannot file a criminal lawsuit against a defendant; they instead, can only report the crime and leave the rest up to the ruling branch of government. A defendant will be found guilty or not guilty by the state, with a guilty ruling resulting in criminal penalties.

Civil and Criminal Penalties

Crimes are acts that prohibited and punishable by the government, and fall into two main categories depending on their seriousness: felonies and misdemeanors. Felonies are the more serious types of crimes, rendering jail time of one year or more, and misdemeanors are less serious crimes, rendering sentences less than a year. Examples of criminal cases include murder, assault, battery, armed robbery, theft, arson, embezzlement, and similar crimes against society that affect public safety.

Criminal penalties are those that penalize defendants for committing such crimes. Criminal penalties mostly include capital punishment (death penalty), jail time, incarceration, probation, legal fees, revocation of certain licenses, loss of certain rights, loss of citizenship, retribution, rehabilitation, and more.

Civil “wrong-doings” are acts that cause another person or entity harm, damage, or trouble. Examples of civil cases include personal injury lawsuits, fraud, negligence, breach of contract, harassment, and other similar wrong-doings. In contrast to criminal penalties, civil penalties generally involve monetary payment, or a court order to do something or not do something (i.e. a corrective action or restraining order). Also in contrast to criminal penalties, civil penalties are handed down by a judge, or settled out of court by opposing insurance adjusters.

Consult a licensed personal injury attorney right away if you believe you or a loved one is a recent victim of a civil wrong-doing or negligent accident. You may be entitled to compensation for your damages. Damages include but are not limited to: lost wages, pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, and much more.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience practicing personal injury law. They are seasoned accident lawyers that can prevail for you and your family following a serious injury, accident, or loss. You may be owed compensation for such damages and more. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with Indianapolis personal injury lawyers that truly care.

Personal Injury Settlement Checks

Posted on May 12, 2015 by admin

When a person is injured in an accident and sues for compensation, upon winning their case they should receive a financial settlement in the form of a check. This can take up to two years depending on the number of appeals, which is a common occurrence for personal injury lawsuits. Continue reading to learn about the process behind receiving a financial settlement after winning a personal injury lawsuit and more.

Personal Injury Lawyers 317-881-2700

Order of Settlement

After a case is settled or a trial is won, a personal injury lawyer has the responsibility of relaying this information to the court. When the court is informed that a case has been settled, they issue an “order of settlement”, which obligates both parties to completing a series of settlement paperwork. Depending on the state or the court, this paperwork must be completed and returned to the court within 30 to 60 days. One of the most vital components to the settlement paperwork is the release.

Release Documents

The defense attorney is responsible for preparing the release document. It is a document that underlies and sets forth all the terms of the settlement. Although this document can be narrowed down to a few short pages, it is common for defense attorneys to take their time on a release document, filling it with thick legalese reaching up to 20 pages long or more. Upon completing this release document, the defense lawyer will send it to the plaintiff’s lawyer for approval.

A release can be completely honest and direct, or it can be quite objectionable. This is why the accident attorney needs to approve it before it is finalized. This segment of a personal injury settlement can take some time because both attorneys have to come to an agreement. It can take days or even weeks to come to a reasonable consensus, delaying the entire settlement process. But in the case that the two attorneys cannot agree on the release, they will ask a judge to make the decision for them.

Now, when the release is agreed upon by both lawyers, the personal injury lawyer will send the release document to their client to review it and sign it. It is common for clients to do this in the presence of a licensed notary, perhaps in triplicate, for this part of the process. It is important for injured clients to carefully read through the release and asking their lawyer any pertinent questions about the document before adding their signature in front of a public notary. This is because there is no opportunity to alter this document once it has been signed and sent back to the defense attorney.

The Settlement Check

A settlement check is sent directly to the client’s lawyer, not the client or their insurance company. Again, this can take a couple of years to actually receive in the mail, depending on the amount of appeals and the productivity of the appellate court. This check generally will have the names of both the client and the attorney. This means it will need to be endorsed by the client before it can be deposited into their lawyer’s client-trust account. Once in this account, the lawyer will deduct their share of the settlement, which should have been negotiated at the time of hire. Another check will be issued by the law firm to the client of the remaining settlement amount.

Clients should ask their attorneys for a copy of the settlement check, or all checks totaling the settlement amount, sent by the insurance company, as well as, a financial breakdown sheet of the settlement, BEFORE the check is deposited into an attorney client trust account. This is the lawful right of every personal injury client.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a personal injury lawyer in Indianapolis about filing an accident claim, today. Lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished, seasoned accident attorneys with extensive trial and litigation experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your case. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Choose Craven, Hoover, and Blazek P.C. for Indianapolis Personal Injury Representation You Can Trust!

Posted on February 27, 2015 by admin

Personal Injury Law Firm 317-881-2700

Craven, Hoover, and Blazek P.C. is a highly respected and seasoned personal injury law firm located in downtown Indianapolis, Indiana. We retain a team of skilled accident attorneys with extensive litigation and trial experience. When it comes to recovering full and fair compensation for damages following a serious injury, we are the law firm to choose. We offer free initial consultations so that clients are not subjected to out-of-pocket expenses on our first visit to assess our claim.

And Craven, Hoover, and Blazek P.C. never collects any upfront lawyer fees, and only collects fees if we win your settlement. Call us at 317-881-2700 and speak with a friendly and knowledgeable company representative to learn more about our Indianapolis personal injury law firm, today.

We are the Personal Injury Lawyers that Will Recover the Full and Fair Compensation You Deserve Following a Serious Accident in Indianapolis, Indiana!

Personal Injury Lawyers 317-881-2700

When you call Craven, Hoover, and Blazek P.C., you can expect a prompt and friendly greeting from a knowledgeable and caring company representative or administrator. You will then have an opportunity to ask any questions you like, set up a free initial consultation, or request to speak with a licensed accident attorney. Compassion is apparent when you come to Craven, Hoover, and Blazek P.C. with your legal afflictions. We care about our clients and our clients’ families. Call us directly at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, IN today.