Tag Archives: personal injury settlements

Does Personal Injury Compensation Cover Mental Health Treatment?

Posted on by

It is very common to suffer mental anguish and emotional health complications after being wrongly injured in an accident. This is especially true for those who have lost a loved one to a wrongful death incident, or for those who have to experience prolonged rehabilitation and therapy for their injuries or permanent injuries.

For this reason, many wrongfully injured victims wonder if they can obtain personal injury compensation to cover the cost of mental health treatment following an accident. The answer this question is not clear-cut, so continue reading to learn the facts you need to know.

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

Claiming Mental Health Therapy as Part of Your Personal Injury Damages

As a wrongfully injured victim in a personal injury case, if you believe that your accident is directly related to your need for mental health therapy, you are entitled to claim these costs as damages. However, juries have the discretion of accepting that claim, as they would with any other medical claim. Insurance adjusters and legal representatives for insurance companies can be quite stubborn when it comes to accepting injured victims claims, even if supporting medical documentation is submitted. They will do everything they can in their power to reduce the value of the person’s claim as this is what they are trained to do and, in the end, if the insurance company pays less the insurance company makes more money.

For these reasons, it is critical to retain an experienced and skilled Indianapolis Indiana attorney who is well-versed and experienced in your type of personal injury accident. For instance, if you are injured in a car accident, be sure to hire a seasoned personal injury car accident lawyer. If you are injured in a slip and fall accident, search for lawyers who specialize in premises liability cases. Accordingly, if you are injured at work, hire a workplace injury lawyer who knows OSHA regulations and all surrounding Worker’s Compensation laws.

Does Your Mental Health Treatment Relate to Your Accident?

When determining your eligibility for being awarded compensation for mental health treatment, whether through a therapist or psychologist, it is important to ask yourself: “Does my need for mental health therapy relate to my accident?” and “Am I receiving mental health treatment from a qualified mental health professional?”

If the answer to these questions are: “yes”, then you can claim the cost of your therapy as damages in your personal injury case and the jury can put a dollar figure award for your psychological injuries as well. From there, your injury attorney will document a strong and impactful case to prove your damages and obtain the maximum settlement or verdict you deserve.

One way your personal injury lawyer will prove that your mental health therapies are related to your accident is to obtain a written opinion from a licensed medical practitioner stating that your mental, psychological, or emotional condition and the resulting necessary medical care, is causally related to the at-fault party’s negligent actions or inactions.

Mental Health Professionals Include:

☑ Therapists
☑ Counselors
☑ Licensed Social Workers
☑ Psychiatrists
☑ Psychologists

Because personal injury cases consider medical expenses as damages, seasoned Indiana personal injury lawyers can prove that your mental health therapy expenses, including both counseling sessions and prescription medications, are valid medical expenses causally linked to your accident, and therefore legitimate damages that you should be compensated for.

Are you looking for skilled personal injury attorney to represent you in your Indiana accident claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act now, before time runs out on your claim or significant evidence supporting your claim is lost. We represent surviving loved ones and persons injured as a result of the negligence of another throughout the state of Indiana.

Related Posts:

Do I Notify OSHA if Injured at Work Due to a Safety Violation?
What is the Worth of My Personal Injury Claim?
What are Future Damages in a Wrongful Death Case?

Local Indianapolis Personal Injury Law Firm 317-881-2700
Schedule a Free Consultation!

4 Reasons Why Your Accident Case Will Likely End in a Settlement

Posted on by

In a personal injury case, a settlement is reached when the defendant’s insurance adjuster offers compensation to the plaintiff or injured party. Upon accepting the offer, the plaintiff fully relinquishes all rights to pursue any other claims against the defendant in relation to the personal injury case. It is a fact that most accident claims settle rather than go to trial. But why do most personal injury claims end this way? Well, for the same reasons yours likely will.

Continue reading to learn 4 reasons why your personal injury case will probably settle out of court, and how to get your accident claim on this track toward a successful outcome.

Indiana Accident Claim Law Firm
Indiana Accident Claim Law Firm 317-881-2700

At Which Point are Settlements Offered in a Personal Injury Case?

During the course of a personal injury accident case, a settlement might be offered by the opposing party at virtually any point. Most often, a settlement is submitted by the insurance adjuster after the accident claim arises, but before it is actually filed. This is a strategy used by insurance companies to get the injured victim or plaintiff to quickly settle for a small payment. In fact, this technique is a prominent reason why all accident victims need to hire a seasoned and skilled Indianapolis personal injury lawyer to represent their case.

Without adequate legal representation, accident victims are more vulnerable to accepting an offer that is less than what their claim is actually worth. Be sure to hire an experienced Indiana personal injury attorney as soon as possible to get your claim started on the right track, and to obtain the maximum settlement or verdict for your case.

Many Personal Injury Cases Settle Out of Court Because:

1. Cost Control and Risk Mitigation

Agreeing to a settlement tends to put personal injury defendants’ insurance carriers at an advantage because they have more control over the risks that might be involved in facing litigation from an injured victim. At the same time, they can mitigate their legal expenses by avoiding certain costs or excessive fees. You see, most insurance companies have it in their business model to payout such claims, as it is usually an inevitable aspect of the industry. But they do not want to pay too much, nor more than they have to. Trial is expensive, and you never know just how long it can go on. By avoiding trial, insurance companies avoid paying extra in court fees and legal costs.

2. Professional Discretion

Insurance companies do not like to put their legal matters in the public eye. So, many choose to settle with accident victims to avoid going to trial, which would be included in public records. This protects their public brand, character, value, and overall reputation. This is very common in defective product and product liability cases. Manufacturers and distributors do not want to be known for producing unsafe or dangerous products, so they will usually try to avoid going through a big public trial. It is common for settlements to attempt to include a requirement of confidentiality, protecting the defendant from negative publicity.

3. Faster Resolution and Remuneration

For accident victims, settling out of court will speed up the process for full and fair compensation. Trials can extend over a period of several months, sometimes years. When you add in appeals, it can take even longer to reach a resolution, and the resolution might not be what a plaintiff might expect. Furthermore, waiting this long to collect compensation for an injured victim’s damages and losses can cause excessive stress and struggle for both the victim and their immediate family.

4. A Guaranteed Payout

The primary reason why most personal injury cases settle out of court is because it gives the plaintiff, whether the injured victim or their next of kin, the guarantee of payment. Not only does a plaintiff know they will be compensated, but with the help of their lawyer, they will have an opportunity to negotiate for a fair settlement amount.

Your Leading Personal Injury Lawyers in Indianapolis, Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our skilled personal injury accident attorneys in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing injured victims in various types of personal injury cases. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you! We represent injured persons throughout the State of Indiana.

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

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

Posted on by

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

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

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

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Going to Court is Never the Cheaper Course of Action

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

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

Trials Can Be Stressful and Cumbersome

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

Trial Outcomes Cannot Always Be Well Predicted 

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

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

What to Do as an Accident Victim in Indiana

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

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

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

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

Do I Have to Pay Taxes on My Personal Injury Settlement?

Posted on by

Are you wondering whether or not your personal injury settlement is taxable? This is an important question to ask since sometimes the answer is yes. However, it is more common for recipients of personal injury settlements to not have to pay state or federal taxes on the amount they are awarded following the conclusion of a case. Continue reading to learn more, particularly as it relates to Indiana law.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

General Rule of Personal Injury Payouts

Personal injury settlements are awarded to compensate victims for their damages and losses. Because of this, the general rule of thumb applied to personal injury payouts and income tax is that recipients do not have to pay taxes on the compensation they recover in a case. Yet, as with all things in life, there are always exceptions to the rule. Sometimes, personal injury compensation is taxable.

Taxable Settlements

Regardless of whether compensation is recovered in or out of court, so long as the recipient’s settlement is awarded to compensate for physical illnesses and injuries, their gross income is excluded from being taxed under the federal income tax code. As for state tax codes, they simply follow suit with federal tax codes, which means a personal injury settlement is exempt from being taxed by the state as well. You can get detailed information about this at IRS.gov.

Non-Injurious Compensation

For those who are awarded personal injury compensation for punitive damages, recipients are not typically exempt from paying state or federal tax. Punitive damages, also known as exemplary damages, are not intended to compensate a victim for the loss of their quality of life. Instead, they are meant to punish the at-fault party, as well as, set a public example and deter the particular type of gross negligence involved in the accident. See our blog, “What are Punitive Damages in a Personal Injury Lawsuit?” to learn more about the types of damages awarded in a personal injury case.

Although recipients of compensation for punitive damages must pay taxes on their settlement, they are allowed to deduct attorney fees from this amount. For instance, if a personal injury victim is awarded $100,000 and their lawyer uses the 1/3 contingency fee payment arrangement, they could deduct  $33,333.33 from their settlement amount, leaving only $66,666.67 to be taxed.

✏ Compensation for Physical Injuries and Illness – NOT TAXABLE
✏ Compensation for Non-Physical Injuries –TAXABLE

Our Trusted Indiana Personal Injury Lawyers Are Here For You

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about recovering compensation through a personal injury claim, wrongful death claim or medical malpractice claim in Indiana. You can schedule a free consultation with an experienced Indianapolis accident attorney who can determine the best strategies for your Indiana personal injury case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

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

Factors for Calculating a Personal Injury Settlement

Posted on by

After being hurt in an accident through the proven fault of someone else and suffering a long list of losses, you are owed a debt. Although there is no exact formula and equation that can tell you the exact value of your claim, there are several factors that will help you make a valid and reasonable estimation. Always talk to a personal injury lawyer to understand your unique accident claim and potential rights to compensation as every case is different.

In the meantime, continue below to review some of the most common factors used to compute a full and fair personal injury settlement value.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

How are Personal Injury Settlements Calculated?

Assessing the amount of damages in a personal injury case can be a challenging and complex process since so many variables influence the final decision. Not only do insurance companies use a basic damage formula to produce a settlement offer for claimants, courts and juries also play a vital role in evaluating the losses or injuries of a victim’s body, health, property, and overall quality of living.

The value produced by the damage formula is only the foundation used by insurance companies and personal injury attorneys during negotiations. The value may increase if the accident attorney can prove more damages or the extensiveness of damages. Furthermore, the percentage of fault among each party is assessed and applied to the deciding factors of the case. These are all vital and proven reasons why injured victims need a seasoned Indianapolis personal injury lawyer to represent their claim.

Top Personal Injury Factors Considered by Juries and Insurance Companies:

❖ Medical Expenses – Add up the total amount of medical bills, both covered and out-of-pocket. This includes hospital bills, physical therapy, medication, medical supplies, and similar costs.

❖ Estimated Future Medical Expenses – Estimate a reasonable value for your future incurred medical costs, such as medication, prolonged physical therapy, and similar expenses.

❖ Lost Earnings – Add up all of your lost wages from missing work. This includes any lost benefits.

❖ Future Lost Income – Estimate the sum of your future lost wages by determining how long you will be out of work as a result of your injuries.

❖ Property Damage – Add up your total value of property damage. This is generally pertinent in car accident claims.

❖ Multiplier for General Damages – A multiplier formula can be applied to approximate your overall damages. Simply multiply the total value by a reasonable and valid multiplier. The more severe, lasting, and painful your injuries, the higher the multiplier number will likely be. Talk to an injury lawyer to learn which multiplier is most accurate for your claim.

Non-Economic Damages (Pain and Suffering) – Estimate a value for pain and suffering, mental anguish, and loss of quality of life by using your multiplier. See our blog, “How is Pain and Suffering Determined in a Personal Injury Settlement?” to learn more about making this estimation.  These damages should be valued the highest.

Talk to a Seasoned Indiana Accident Attorney

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

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

Can I Settle My Own Personal Injury Claim?

Posted on by

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Truthfully, more than 90% of personal injury claims never become a lawsuit because they are settled out of court. Negotiating a settlement out of court makes the legal process simpler and more efficient, and it costs much less than having a trial. For less complicated cases, it is the least-risky alternative for all parties involved. In order to make the process even less risky, it is strongly advised to seek out professional legal counsel. Personal injury lawyers retain the proper knowledge, resources, and experience to accurately manage an accident claim and negotiate a full and fair settlement.

Although it is strongly encouraged to hire an attorney, an injured victim could choose to represent themselves and attempt to settle their claim all on their own, but this is not recommended. Continue reading to learn why settling a personal injury claim without a licensed attorney can be detrimental to a victim’s case.

Personal Injury Settlements

If you are thinking about settling your personal injury claim yourself, there are a few things you should know. First, consider settling out of court for the aforementioned reasons. It will cost you much less if you can avoid a trial. You will then need to calculate all your damages, including economic losses, special damages, general damages, and past and future losses. And be sure to have proof of these numbers. Then you will need to adjust this value by mitigating certain damages and adding in certain factors of your case, including liability, the number of defendants, your age, your occupation, your medical history, and more. Then you can make your claim by writing a settlement demand letter to the insurance company (yours or theirs).

Keep in mind that you are not likely to have as good an outcome, in terms of recompense, without the professional assistance of a licensed attorney. A lawyer has the negotiating skills and experience to render a fuller and fairer settlement. There are several tricks and traps insurance companies will use against claimants in order to absorb the least amount of liability and pay out the least amount of compensation possible. Attorneys that practice injury law are familiar with these methods and know how to navigate through them so their client’s get what they fully deserve.

Without professional legal counsel, you are an easy target. The law is confusing and there are several aspects to a personal injury claim process. Aside from all the filing and paperwork, you would have the burden of proving the other party’s liability. This requires a comprehensive understanding of accident law, injury law, and more. It would be near impossible to adequately prepare yourself for what you need to know to easily and effectively settle your own claim.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have a focus on accident law and retain extensive trial and litigation experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to learn about filing a personal injury claim in Indianapolis, IN today.

Negotiating a Final Settlement in a Personal Injury Case

Posted on by

Personal Injury Lawyers Indiana 317-881-2700

Personal Injury Lawyers Indiana 317-881-2700

Negotiating a final settlement in a personal injury case is a common occurrence. It is much like buying a used car from a dealership. The salesman wants to sell the car at the highest price possible, while the customer wants the best price possible. So the negotiations continue until both parties are satisfied. An insurance adjuster and personal injury victim both want to come out on top during the negotiation process.

Although the insurance adjuster knows roughly how much the insurance company will pay out to the injured victim, they will try their hardest to negotiate the smallest payout that the victim is willing to accept. The victim knows what their personal injury damages are worth, so their attorney tries their hardest to get the highest possible payout from the insurance company or opposing party.

There are a few predictable circumstances and steps to the negotiations process that injured victims should familiarize themselves with in order to be better prepared when the time comes to recover the full and fair compensation they deserve after an accident. Continue reading to learn some common approaches to negotiating a personal injury settlement.

Settlement Negotiations Between Both Parties

The victim’s lawyer will ask for the highest amount first in a written demand letter. The insurance adjuster or opposing party will likely contest that amount by refuting the degree of liability or finding something else wrong with the claim. They may state that certain treatments, surgeries, or therapy was not necessary, or use some other type of similar excuse.

Once this happens, the victim’s lawyer will respond by negating their allegations and then asking for a certain amount of compensation for a second time. This is the time that the insurance company will counter with an insulting, low-ball offer to see if they can get lucky in the case that the victim is simply in a hurry to get a settlement check.

This is when the victim’s legal team responds by vaguely acknowledging the insurance adjusters interferences, and lowering the initial compensation request, but only slightly. At this time, an insurance adjuster is more willing to raise their low-ball offer, and most often do.

With a higher offer, the victim and their lawyer have the option to either accept the offer or to counter once again with the same compensation request, or one that is slightly lower once again.

This process continues like this until both parties come to an agreement on full and fair compensation for a victim’s damages. If an agreement cannot be made, then the case will go to court and a judge will decide the appropriate compensation.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience in litigation and personal injury law, and are eager to represent your case. We offer free initial consultations and never collect lawyer fees unless we win your settlement. If you or someone you love has been recently injured as a result of another’s negligence, contact one of our seasoned Indianapolis personal injury lawyers for information regarding your rights following a serious accident.