Personal Injury Attorneys in Indiana: Champions of Justice for the Wrongly Injured

When life takes an unexpected turn and a serious injury disrupts your peace and well-being, the world can seem overwhelming and uncertain. In these trying times, the role of a personal injury attorney becomes critical, serving as a guide, an advocate, and a strong ally in the pursuit of civil justice and compensation.

For those navigating the complexities of personal injury law in Indiana, understanding the pivotal role these legal professionals play can make all the difference in the outcome of their case. In this comprehensive guide, we explore the invaluable contributions of such civil litigators in Indiana and provide you with the knowledge to make empowered decisions when seeking justice for your injury.

Call 317-881-2700 to Reach Our Indiana Personal Injury Law Office
Call 317-881-2700 to Reach Our Indiana Personal Injury Law Office

What is Indiana Personal Injury Law?

Indiana personal injury law is a particular subcategory of tort law. It covers a broad spectrum of situations in which a person has been wrongly harmed as a result of another party’s negligence, recklessness, or intentional actions. Whether it’s a slip and fall, a motor vehicle accident, a trucking accident, a construction accident, a wrongful death, a products liability accident or medical malpractice, the law allows victims to seek redress for their physical, emotional, and financial losses. Tort law principles govern these cases, seeking to address civil wrongs and provide just compensation to the injured party.

Defining Personal Injury Claims

Personal injury claims stem from an injury occurring due to the negligent or intentional actions of another. Negligence is a foundational concept in these claims, requiring the plaintiff to demonstrate that the defendant owed a duty of care, breached that duty, and caused harm as a result of the breach. The types of claims include:

  1. Auto and Trucking Accidents: One of the most common sources of personal injuries, auto accidents often lead to severe injuries and significant property damage.
  2. Slip and Fall Accidents: These occur on someone else’s property due to hazardous conditions, such as wet floors, uneven surfaces, or insufficient lighting.
  3. Product Liability: When a defective product leads to injury, the victim can hold manufacturers, distributors, and sellers accountable.
  4. Medical Malpractice: When a healthcare provider’s negligence leads to injury, medical malpractice law allows for legal action to be pursued.
  5. Wrongful Death: When a fatal incident occurs due to the negligence of another, the law allows for the recovery of damages for certain dependents in Indiana.

Legal Nuances and Timelines

Indiana, like every state, has its own statutes and case law that shape the civil claims process. One crucial aspect is the statute of limitations, which is generally two years from the date of the injury. It’s essential for claimants to adhere to this timeline, as failure to do so can extinguish their right to pursue a claim.  If the defendant is a governmental agency, the time limits are way shorter so immediate contact with a personal injury attorney is vital.

The Role of Personal Injury Attorneys

Personal injury attorneys are more than just legal representatives; they are advocates for the wronged and compassionate advisers who shepherd victims through the legal process. Their roles are multifaceted, involving intensive legal work, communication with insurance companies, and court representation, all while ensuring the best interests of their clients are upheld.

Initial Case Evaluation

The lawyer’s first step in handling an accident injury case is to conduct a thorough evaluation. This involves reviewing the facts, gathering evidence, and assessing the potential legal claims. They will determine the strength of the case and advise the client on the best course of action.

Negotiating with Insurers

Insurance companies often attempt to minimize payouts by employing aggressive tactics. Personal injury lawyers are skilled negotiators who know how to push back and fight for fair compensation. They manage all interactions with insurance adjusters, making sure their clients are treated fairly during the claims process.

Trial Representation

While most personal injury cases are eventually settled out of court, some proceed to litigation and then eventually settle once a fair offer has eventually been made and even less proceed to trial if the insurance company refuses to make a full and fair offer. In these instances, the lawyer’s role becomes that of a litigator, with a focus on presenting a compelling case before a judge or jury. Trial representation demands a high level of legal skill and strategic thinking, which experienced civil litigators bring to bear on behalf of their clients.

Why You Need a Personal Injury Lawyer

The aftermath of an injury can be a stressful and uncertain time. The legal landscape is treacherous for the uninitiated, and insurance companies are adept at protecting their own interests. Seeking experienced legal counsel levels the playing field and significantly enhances the likelihood of a favorable outcome. Common reasons individuals turn to personal injury lawyers include:

Understanding the Legal Landscape

The law is intricate and constantly evolving. A personal injury attorney’s knowledge of the law, combined with their experience, ensures that they can navigate the legal system with proficiency and insight.

Maximizing Compensation

Determining the value of a personal injury case is complex, involving factors such as medical expenses, lost wages, and pain and suffering and having to reimburse health insurance carriers or other entities after a settlement is reached. Personal injury litigators have the expertise to pursue the maximum compensation to which a client is entitled. Moreover, even after attorney fees are paid, a personal injury plaintiff is much more likely to recover a full and fair amount and without costly mistakes being made by an injured party who does not hire an attorney.

Providing Peace of Mind

By shouldering the legal burden, accident lawyers allow their clients to focus on their recovery. Knowing that a dedicated professional is working to secure their future can alleviate much of the stress associated with pursuing a claim.

The Legal Process

The process of filing and pursuing a personal injury claim can be protracted and requires patience and diligence. The typical stages include:

  1. Filing the Claim: The first step is filing the initial claim, which involves submitting documentation and notifying all relevant parties of the intent to seek damages.
  2. The Discovery Phase: The discovery stage allows each party to gather evidence and information from the other side. Depositions, requests for documents, and interrogatories are common in the discovery process.
  3. Settlement Negotiations: Most accident injury cases are resolved through a negotiated settlement. The lawyer will engage with the opposing party’s insurer to agree on a full and fair compensation amount.
  4. Trial, if Necessary: If a fair settlement cannot be reached, the case will go to trial. This is where the attorney’s litigation skills come into play even more, and the jury will decide on the outcome.

Finding the Right Personal Injury Litigator

Choosing the right legal professional for your personal injury claim is a crucial decision that can greatly impact the success of your case. Considerations when selecting a lawyer include:

  1. Experience and Track Record: Look for attorneys with a strong track record of successful cases and experience in handling claims similar to yours.
  2. Communication Style: Effective communication is key in any legal representation. The lawyer should be responsive to your needs and willing to explain the process in a way that you understand.
  3. Client Satisfaction: Reviews and testimonials from previous clients can provide valuable insight into a lawyer’s reputation and the quality of their service.

KEY TAKEAWAYS

Navigating the aftermath of a serious injury is a daunting task, but you do not have to do it alone. Personal injury attorneys in Indiana stand ready to assist you in your quest for justice and healing. By understanding the importance of legal representation, you can proactively secure the support and guidance you need. Remember, the law is on your side, and with the right counselor by your side, you can face the future with confidence. Your rights are worth fighting for, and a personal injury attorney can be the champion you need.

If you find yourself in need of legal counsel due to a wrongful injury, do not hesitate to reach out to a qualified lawyer and start on the path to recovery. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, no-obligation consultation with a seasoned personal injury attorney 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 collect payment if we succeed in securing a settlement or winning an award for you.  The at-fault party’s insurance carrier has attorneys working for them and you should too.

Related Posts:

Win Your Accident Case: A Closer Look at Personal Injury Claims in Indiana
Know Your Rights: Strategies to Secure Full and Fair Personal Injury Compensation
10 Common Mistakes People Make When Filing for Personal Injury Claims

Stages of a Personal Injury Claim: What Happens When a Defendant’s or Your Insurance Company Refuses to Pay?

No one expects to be injured in an accident. But when it happens, you rely on your and the defendant’s insurance company for financial compensation to cover medical bills and other expenses. Unfortunately, insurance companies are not willing to pay out what you would say is fair on personal injury claims, leaving the victim with a lot of questions and no answers. If your insurance company is refusing to pay on a valid claim or denying liability altogether, don’t despair – there are steps you can take.

In this blog post, we’ll explore the stages of a personal injury claim so that you know what to expect if your insurer refuses payment. We’ll also look at how hiring a qualified personal injury attorney can help improve chances of getting compensated for damages caused by another party’s negligence or recklessness. Read on for more information!

Call 317-881-2700 If your Injury Claim Was Denied in Indianapolis Indiana
Call 317-881-2700 If Your Injury Claim Was Denied in Indianapolis Indiana

What to Do if an Insurance Company Denies Your Injury Claim

Hiring a Personal Injury Attorney

The first step in any personal injury claim is to get legal representation.  Even if an insurance company has not initially denied the claim.  Insurance Companies are businesses and their goal is to make money.  If they can pay less to you on any of their claims, they will.  Your attorney’s job is to get them to pay what they actually owe, not what they want to pay.  

Hiring an experienced personal injury attorney can significantly improve your chances of getting fully and fairly compensated for damages caused by the other party’s negligence or recklessness. A personal injury lawyer will be able to review your case and help you decide whether it’s worth pursuing legal action. They’ll also represent you in court, if necessary, and guide you through the entire process from start to finish.

Notifying the Insurance Company

The next step is in the personal injury claim process is to notify your insurance company of the incident. Your lawyer should help you with this exchange. This should include a detailed description, photos if applicable, contact information for all involved parties, and any other relevant documentation. It’s important that you provide as much detail as possible to your lawyer during this stage so they can ensure the claim can be thoroughly investigated.  When involved in an injury case, numerous insurance companies are involved. Your auto insurance carrier, the defendant’s auto insurance carrier, health insurance companies including Medicare, Medicaid, Medicare Advantage, private health insurance carriers, and health insurance carriers through an employer.  It is vital to hire a civil litigation attorney specializing in Indiana accident law so all of the involved parties are dealt with appropriately.

Awaiting Insurance Adjusters

Once the insurance company has been notified, they’ll typically assign an insurance adjuster who will assess the claim’s validity and decide how much compensation is due to the injured party. These reps are specifically trained to try their best to lower the value of a claim by any means necessary. If your insurance company denies payment or liability altogether, then it’s time to consider legal action and your attorney will handle that for you.

Filing a Personal Injury Lawsuit

If a defendant’s insurance company has denied your claim or your own uninsured motorist insurance company if the defendant was uninsured, then it may be time to consider filing a personal injury lawsuit. A personal injury lawyer will help you navigate the legal process of bringing your case before a judge and jury in order to seek compensation for your losses. They will also handle all of the paperwork associated with filing a suit, as well as represent you in court throughout each stage of litigation, including pre-trial motions, discovery processes, hearings, trial preparation, and more.

In all cases, your attorney will try to negotiate a fair settlement for you and indeed, most cases do eventually get settled short of going to trial, but you should have an attorney who is always preparing to go to trial and then if your case does not go to trial that is great, but preparation and being ready for the trial if necessary is paramount.

Obtain the Personal Injury Settlement You Deserve

The bottom line is that if your or the defendant’s insurance company refuses to pay on a valid claim, don’t give up! Consider seeking legal counsel as soon as possible so that your rights are protected throughout the process. With the right personal injury attorney at your side, you may have a good chance of getting fair compensation for medical bills, lost wages, pain and suffering, and other damages caused by an accident.

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 schedule a free initial consultation with our personal injury attorneys in Indianapolis, Indiana. We represent injured victims all across the state and Indiana residents injured in other states. In addition, we offer the option to hold meetings either by phone, at your residence, online, or at the hospital if necessary.

Related Posts:

Legal Options for Injured Victims: What You Need to Know
How an Attorney Can Help Injured Victims Recover Maximum Damages
10 Common Mistakes People Make When Filing for Personal Injury Claims

Common Methods of Discovery in a Personal Injury Case

Personal injury cases require the collection of information and evidence, regardless of which side you are on. The process of obtaining and reviewing such information in a personal injury case is known as discovery. Continue below to learn which options personal injury parties might have in the discovery process, plus where to get the best advice regarding your recent accident or injury in Indiana.

Indianapolis IN Personal Injury Claims 317-881-2700
Indianapolis IN Personal Injury Claims 317-881-2700

The Personal Injury Discovery Process

After a personal injury complaint and answer is filed with the court, the discovery phase can begin. The discovery process generally takes usually anywhere from 6 to 12 months, but this can vary depending on various factors, such as the current traffic of the court, the amount of investigation required, court delays, rescheduled court dates, and so forth.

During this phase, both the legal teams for both the claimant (party making the claim) and the defendant (the party being sued) will exchange all evidence with one another, including witness information. They will also go before the proceeding judge to let them know how the case is proceeding. Also in the presence of the judge, they will either decide on mediation, which is normally ordered by the judge, and they will move forward with the lawsuit by setting a trial date.

Common Options For Discovery

There are different methods used by the court system to obtain personal injury case information. The two most common methods are depositions and interrogatories and physical exams, Requests for Production, Requests for Admission, and Subpoena Duces Tecum are other methods used to investigate and research all legal claims and defenses.

Depositions

Depositions are formal, recorded interviews conducted under oath and used to learn what a person knows pertaining to the case in question, and as evidence for later use during the trial. Depositions can take anywhere from 30 minutes to 1 hour, but in larger cases it may take several hours and even a day or two to reach completion.

Interrogatories

Interrogatories are a little different but are used for much of the same purpose. Rather than a formal interview in person, interrogatories are a set of written questions that each party sends to the other. Each party must fill out the entire list in writing, under oath, and within a limited period of time (usually between 20 and 40 days depending on the state). Although they are not always phrased in the form of questions, interrogatories always pertain to specific factors surrounding the case, such as reckless driving, distracted driving, and intoxicated driving. Since it is common for both parties to have different versions of what happened in an accident, they are designed specifically to get both sides of the story so that each party can prepare their case before trial.

Physical Exams

It is very common for the defense to request that the claimant be physically examined by a licensed medical practitioner chosen by the defense to verify and confirm the extent of their injuries.  Judges almost always grant these requests.  Although these examiners are obviously biased since they are hand-picked and paid for by the defendant’s insurance carrier, the witness can be cross-examined at trial on any testimony and opinions.

Requests for Production

A Request for Production is a motion that asks the opposing party for specific types of evidence or information that they are in possession or control of. This might include medical records and reports that detail the extent of injuries to the claimant, invoices or documents evidencing lost wages, photos of the scene or injuries, fuel receipts, and similar documents that prove or disprove allegations or statements made by either side.

Requests for Admission

A Requests for Admission is when one party asks the other to either deny or confirm facts. It is basically asking for them to admit to certain statements for the purpose of streamlining the case process. It allows the court and jury to focus on the necessary points of the case.

Subpoena Duces Tecum

A Subpoena Duces Tecum is a special type of subpoena used in cases. They are very similar to Requests for Production in that they ask someone to disclose evidence or information pertaining to the case. But while Requests for Production are reserved for claimants and defendants, a Subpoena Duces Tecum can be applied to expert witnesses, doctors, and other case-relevant entities who are called nonparties.

Are you a Hoosier who is looking for trusted and qualified advice regarding your rights to pursuing compensation for a wrongful accident you were recently injured in? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury evaluation to explore your eligibility, today. We represent clients all throughout the state of Indiana.

Related Posts:

Deponent Tips for Personal Injury Depositions
What are Interrogatories in a Car Accident Claim?
Information You May Be Required to Give in a Personal Injury Deposition

What You Can Expect From the Personal Injury Lawsuit Process

No personal injury case is alike. They each have their own unique set of circumstances. However, most personal injury lawsuits will involve a similar legal progression, from the initial step of filing a lawsuit to the final phase of receiving a verdict or settlement. Continue reading to learn which steps will likely fill in the blanks between the start and finish of a personal injury case, plus where to obtain skilled accident representation for your claim in Indiana.

Personal Injury Law Firm Indianapolis Indiana 317-881-2700
Personal Injury Law Firm Indianapolis Indiana 317-881-2700

Litigation Milestones in a Personal Injury Lawsuit

Although your personal injury case will not look like the next person’s, you can count on a few standard litigation milestones after deciding to move forward with a lawsuit, such as hiring an Indianapolis accident attorney and filing a complaint, as well as exploratory investigations, pretrial and discovery, depositions, and more.

Obtaining Legal Representation

The first step after making the decision to sue is to hire a personal injury law firm to represent you. An accident attorney has the proper knowledge, experience, and resources to build a strong and impactful case on your behalf to obtain the maximum settlement possible for your lawsuit.

It is not recommended to represent yourself in a personal injury lawsuit. Not only is the law complex, but the filing and deadline requirements are stringent. Furthermore, representing yourself places you at a much higher risk of losing money. You would be required to pay for all upfront costs and legal expenses, and in the end, likely receive a much lower settlement than you would without legal representation. 

The personal injury lawyer might choose to initiate an exploratory investigation before taking you on as a client. An exploratory investigation primarily involves researching and confirming the defendant’s insurance coverage and your own underinsured coverage. If the lawyer decides you have a viable case, they will commence all the necessary paperwork, making the client-attorney relationship official. Next comes attempting to resolve your case with the defendant’s insurance carrier after you have finished your medical care and if the insurance company does not wish to resolve your case for a full and fair settlement,  next comes filing the lawsuit.

Filing a Complaint With the Court

After establishing the client-attorney relationship, your accident lawyer will take the necessary steps to file a personal injury complaint, which will be physically served on the defendant. From there, the defendant is given time to hire their own legal team and prepare for the first court appearance. The personal injury complaint is the first official legal document in the lawsuit process. It contains the circumstances of the accident, including how the defendant was negligent and the damages you’ve suffered as a result.

Pretrial and Trial

The next major stage in the personal injury lawsuit process is pretrial, which is followed by mediation or a trial. During the pretrial process, the “discovery” phase takes place, which involves both sides exchanging evidence and information, including depositions from both parties, witness statements, expert witness testimonies, and more.

Also, during the pretrial process both sides will appear in front of a judge to agree to or reject mediation. The pretrial phase can take several months due to the intermittent court hearings and scope of evidence collection. Most personal injury cases settle out of court, but some do go to trial.

If your case goes to trial, lawyers will begin to select a jury, set mandatory settlement conferences, debate which pieces of evidence will be allowed at trial, and so forth. Once the trial begins, the process only takes a matter of days. Within a weeks’ time, give or take a few days, the court and jury will decide if and how much the defendant should pay the plaintiff for damages. If the defendant is found liable and ordered to pay, they can choose to appeal, which continues the process for several more months.  The defendant’s insurance company will pay any verdict entered against the defendant, up to the insurance policy limits.

Receiving a Settlement

Both parties can agree to a settlement and close the case at any point in the process, even before a complaint is ever filed. There are many factors used to calculate a personal injury settlement.

The attorneys are responsible for preparing and agreeing upon the release document, which sets forth all the terms of the settlement.

Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.

Related Posts:

Are Personal Injury Lawyers Expensive?
Pros and Cons of Insurance Company Structured Settlements
Top 3 Things You Can Do to Maximize Your Accident Settlement

The General Stages of a Personal Injury Lawsuit

Most personal injury claims do not end up in court. However, when a personal injury claim does turn into a lawsuit, the legal climate changes. Although not all personal injury lawsuits are alike, once the courts are involved, most tend to take on the same succession of steps. Whether you are preparing to enter into personal injury lawsuit, or you are a recent victim of a personal injury and wish to move forward with an accident claim, it would be wise for you to familiarize yourself with what might take place.

Continue reading to learn the general stages of a personal injury lawsuit, and how to get started on your accident claim in Indiana.

Personal Injury Trial Lawyers
Personal Injury Trial Lawyers in Indiana 317-881-2700

When a Personal Injury Claim Goes to Trial

Even though personal injury lawsuits are all different, when they end up in trial, they usually have the same litigation milestones. These milestones lay the foundation of what you can expect the general succession of steps in a personal injury lawsuit to look like. If you have already decided to file a personal injury lawsuit, you have hopefully already hired professional legal representation from a law firm who specializes in personal injury law.

This is the first stage of the process.

Stage 1

The first step to addressing any legal matter is to retain qualified legal representation. However, you do not want to hire just any attorney. It is vital that you seek legal assistance from a law firm that specializes in the type of claim you need to file. In this case, you would hire an Indiana personal injury lawyer. Most personal injury law firms provide free initial case evaluations for you to learn your legal rights to being compensated for your damages and losses.

Additionally, most personal injury attorneys work on contingency, meaning they do not collect any lawyer fees unless they recover settlement or verdict for you. If they are unsuccessful at obtaining a settlement for you, there is no obligation to pay them for their services. Be sure to also choose a law firm that has extensive trial and litigation experience.

Stage 2

The next stage of a personal injury lawsuit mostly involves your hired legal team. To determine if you have a valid case, your personal injury lawyer will likely begin an exploratory investigation, starting with a liability investigation and confirming the adequacy of the opposing party’s insurance coverage. Sometimes, this step is done prior to making the client-attorney relationship official.

In the event that your accident lawyer believes your case is valid, they will move forward by filing a personal injury complaint against the defendant in the appropriate civil court. This personal injury complaint is the very first official document of an accident lawsuit. From this time, your personal injury lawyer will have to locate and serve the defendant a copy of the complaint.

Stage 3

After a defendant is served a lawsuit, the defendant will provide a copy of the lawsuit to their insurance carrier and the insurance carrier will hire a defense attorney for the defendant to answer the complaint and defend the case. Under any insurance policy a defendant has with their insurance company, the insurance company chooses the defense attorney and the insurance company pays the defense attorney.

Stage 4

At this stage of the personal injury lawsuit process, the lawyers hired to represent both parties will begin the pretrial process. This is known as discovery, and involves several steps in itself. During this time, both lawyers will exchange all evidence with one another, including witness information. They will also go before the proceeding judge to let them know how the case is proceeding. Also in the presence of the judge, they will decide on all deadlines for filings in the case, a mediation deadline, a final pre-trial conference date and a trial date.

As the discovery stage continues, both lawyers will also schedule depositions and other necessary interviews and statements. This stage of the personal injury lawsuit process can take several months and involve a few court appearances. The amount of time it takes to complete the pretrial stage will depends on various factors, such as the current traffic of the court, the amount of investigation required, court delays, rescheduled court dates, and so forth.

The Final Stage is Trial

The last stage of the personal injury lawsuit process is the actual trial, which can last for several days. The judge will be the ultimate decider, unless it is a jury trial, in which a jury will decide who is at fault for the accident and which damages the plaintiff is entitled to. Most personal injury cases are jury trials.  After the trial, either side can choose to file an appeal. Once all appeals are extinguished, the defendant [ie. defendant’s insurance company] must pay the plaintiff their verdict if they received one.

Indianapolis Personal Injury Lawyers That Will Fight For Your Rights

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you need an experienced personal injury lawyer in Indianapolis, Indiana. Our seasoned personal injury lawyers are ready and able to recover the full and fair amount of compensation you deserve after being seriously injured by another’s negligence. You should recover for damages and losses, including medical expenses, hospital bills, pain, suffering, lost wages, and more if the damages were caused by another person’s negligence.  We represent injured persons throughout the State of Indiana. Get started with a free consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
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