Important Personal Injury Legal Terms You Need to Know

If you or a relative or friend was recently injured in an accident and suffered a serious injury, you have to file a personal injury claim to recover compensation for your related losses and damages. To better understand your personal injury case, it is wise to speak with an experienced accident lawyer who can answer all of your questions, clearly and in real time. Another wise initiative is to learn some important personal injury claim and legal terms to better prepare yourself for your scheduled consultation.

Continue reading and review some common legal terms that are frequently used under the circumstances of a negligent injury or accident.

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

Personal Injury

A personal injury is harm or damage incurred as a result of another’s carelessness or negligence. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, and more. Mental anguish, pain and suffering and emotional trauma that occurs following an injury are also considered damages.

Liability

The term liability refers to one’s obligation or responsibility. For example, if a drunk driver causes another driver injury, the drunk driver is liable for the victim’s damages and the drunk driver’s insurance carrier pays for those damages. It is the at-fault party’s insurance carrier who will pay for the injured victim’s claim.  If the at-fault party is not insured, the injured party’s own insurance company may pay for any claim caused by the uninsured motorist.

Party

The term “party” sometimes refers to either the defendant’s side or the plaintiff’s side. This includes the person, their insurance company, and their attorney. There are first party claims and third party claims, which you will learn more about below.

Claimant

The claimant is the person filing the personal injury claim. This can be one person, the victim, or the family of a victim. Once a lawsuit is filed, the claimant become the plaintiff.

Tort

A tort is a wrongful or immoral act that causes another person injury or harm. Often times, you will hear this area of law referred to as tort law. This brings us to our next term.

Tortfeasor

Also referred to as the “at-fault party”, the tortfeasor is the actual person who engaged in negligent conduct or who failed to use reasonable case that caused someone harm or damage. They can also be the defendant if they are the ones being sued.

First Party Insurance

As we already know, the term “party” refers to either the plaintiff side or the defendant side. Well, first party is always the plaintiff side, in particular, their insurance company. A plaintiff might file a claim with their insurance company for money for damages.

Third Party Insurance

This is a defendant’s insurance company. It is commonly the insurance companies that pay out compensations or negotiate recompense in personal injury cases.

Third Party Claim

Different from third party insurance, a third party claim is when a person files an additional claim against a separate entity involved in causing their injuries. For example, if a person is severely injured at work while delivering a pizza, they can file a worker’s compensation claim (first party claim) with the company’s insurance provider since they were injured while working, and then they can file a third party claim against the person who collided into their vehicle while they were working.

Adjuster

The adjuster is a person that is employed or hired by an insurance company to investigate and handle a personal injury claim made against a defendant since it will be the defendant’s insurance company and not the defendant themselves who will be paying any judgment or settlement. Their primary objective is to argue why the injured party’s case has little to no value since their employer, the insurance carrier, has to pay for any settlement or judgment.

Your Trusted and Motivated Personal Injury Law Firm in Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our seasoned personal injury accident attorneys in Indianapolis, or anywhere within Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing accident victims in the state. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you!

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Pros and Cons of Insurance Company Structured Settlements

When an insurance company agrees to pay someone a settlement, they may offer to make payments periodically rather than in one lump sum. This is called a structured settlement, and it does sometimes occur in insurance claims and lawsuits. At first thought, you might expect a structured settlement to be a bit of a disadvantage to the payee, however there may be more benefits to structured settlements that meets the eye. On the other hand, there are also a few disadvantages, or what some would consider cons to structured settlements.

Continue reading to learn some of the pros and cons of insurance Company structured settlements, and where to get the best legal advice regarding your potential accident claim.

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Personal Injury Attorney Law Firm 317-881-2700

Potential ADVANTAGES of Structured Settlements 

If you were to ask a group of individuals who have received a structured settlement in the past from an insurance company, they would likely tell you that the primary benefit they experienced was secure financial management. By receiving their settlement in increments rather than one lump sum, they were able to better control their spending and savings, and therefore, practice improved financial management.

Here are some additional prospective benefits to receiving a structured settlement:

In many cases, a structured settlement usually winds up paying out more money than a lump sum payment.

Structured settlements can also make financial planning, namely tax planning, a lot easier when compared to the process following a lump sum payout.

Due to the added annual income a structured settlement provides, recipients may be eligible for certain tax benefits and advantages.

Many recipients of structured settlements enjoy adding to their annual income as an alternative to receiving a bulk payment from an insurance company settlement.

By receiving a structured settlement in periodic payments, recipients can better control their spending and savings over time.

Potential DISADVANTAGES of Structured Settlements

When it comes to the possible disadvantages of structured settlements, there may be a few. In fact, if you were to ask the same group of individuals in the last example, they would likely have a few complaints as well. One of the main disadvantages discussed among structured settlement recipients and legal advisors is the fact that it can hold you back from taking advantage of certain investment opportunities, such as investing in stocks, bonds, real estate, business, schooling, and more.

Here are some other possible cons to accepting a structured settlement:

In some scenarios, a structured settlement can turn out to be less money than a lump sum payment after you consider commissions, fees, and inflation.

Many are opposed to structured settlements from insurance companies because they don’t like the idea that a financial institution has control of their settlement.

There are several legal regulations restricting how you can sell your structured settlement, if you ever choose to do so.

Trusted Legal Advice About Insurance Settlements for Indiana Injury Claims

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your potential Indiana personal injury claim with a licensed accident attorney you can trust. Our law firm offers free initial consultations and never collects lawyer fees unless we recover a settlement or judgment for you. Get started on your path to financial and emotional recovery with a simple phone call to our Indianapolis accident injury lawyers, today.  We represent clients throughout the State of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

A Review of Personal Injury Claim Terms and Definitions

If you are considering making a personal injury claim in Indiana, or have already begun the process, here are some important terms and definitions that will help you understand your case. If you have questions about accident claims, contact a seasoned Indianapolis personal injury law firm for trusted advice.

Personal Injury Lawyers 317-881-2700
Personal Injury Lawyers 317-881-2700

Adjuster:

The adjuster is a person that is employed or hired by an insurance company to possibly settle a personal injury claim. Their primary objective is to avoid paying any sort of remuneration if possible, or pay out as little as possible.

Civil Statute of Limitations:

In all cases of filing a civil claim against another person or entity, there is a legal time limit to do so called a “statute of limitations.” In Indiana, you can find some details regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book.

Claimant:

The claimant is the person filing the personal injury claim. This can be one person, the victim, or the family of a victim. Once a claim is filed in a court of law, the claimant become the plaintiff.

First Party Insurance:

As we already know, the term “party” refers to either the plaintiff side or the defendant side. Well, first party is always the plaintiff side, in particular, their insurance company. A plaintiff might file a claim with their insurance company for more money for damages or possibly an uninsured claim when the defendant does not have liability coverage.

Gross Negligence Claims:

Recklessness can be colloquially-defined as unreasonable and/or deliberate misconduct of a person. It is an act that upsets or alarms our society’s morals. 

Liability:

The term liability refers to one’s obligation or responsibility. For example, if a drunk driver causes another driver injury, the drunk driver and/or their insurance company is liable for the victim’s damages. They are the ones who will pay for the injured victim’s claim.

Malfeasance:

Malfeasance is an intentional illegal action or wrongdoing that causes another person harm.

Misfeasance:

Misfeasance is a term used to describe a lawful act that is improperly performed, either by negligence or intention, causing harm to another person.

Negligence:

Almost every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses.

Nonfeasance:

Nonfeasance is a term used to describe “a deliberate or neglectful failure to act” where action is required, that directly results in or allows another person to be harmed or injured. A person is liable or guilty of nonfeasance usually under three circumstances: 1) the person had a duty of care to the victim, 2) they failed to act on their duty of care, or 3) the act resulted in the victim’s injuries.

Party:

The term “party” refers to either the defendant’s side or the plaintiff’s side.  

Personal Injury:

A personal injury is any type of harm or damage done to a person either physically, mentally, or emotionally as a result of another person or entity’s negligence. Personal injuries take place when another person or entity (i.e. people, businesses, corporations, enterprises, companies, organizations, workplaces, etc.) demonstrates carelessness or negligence in a situation that subsequently causes injury or damage to another person.

PIP Insurance:

Personal injury protection insurance is a type of medical payments coverage for drivers and passengers who are injured in a motor vehicle accident. Under this policy, all or a portion of medical expenses and hospital bills (driver and passengers) are paid for no matter who is to blame for an auto accident. No-fault accident states require this type of insurance coverage.

Third Party Claim:

Different from third party insurance, a third party claim is when a person files an additional claim against a separate entity involved in causing their injuries. For example, if a person is severely assaulted at work, they can possibly file a worker’s compensation claim (first party claim) with the company’s insurance provider, and then they can file a third party claim against the person who assaulted them at work.

Third Party Insurance:

This is a defendant’s insurance company. It is commonly the insurance companies that pay out compensations or negotiates recompense in personal injury cases.

Tort:

Torts are civil wrong-doings, or immoral behaviors and actions against civilians.

Tortfeasor:

Also referred to as the “At-Fault Party”, the tortfeasor is the actual person who was negligent and caused someone harm or damage. They can also be the defendant if they are the ones being sued. In the case of a minor, the parents might be the defendants, while the juvenile is the actual tortfeasor.

Indiana Personal Injury Law Office:

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Basic Personal Injury Definitions You Need to Know for Your Claim

If you or someone your love is a recent victim of a personal injury, your next step is to contact a licensed personal injury lawyer to discuss your case and learn the best course of action for making a claim for compensation. In the meantime, it helps to familiarize yourself with some of the most basic terms and definitions regarding personal injury claims.

Continue reading to review a brief description of some fundamental personal injury terms and principles.

Indianapolis Personal Injury Lawyers
Indianapolis Personal Injury Lawyers

Personal Injury

A personal injury is any type of harm or damage incurred by a victim, either physically, mentally, or emotionally, as a result of another person or entity’s negligence. Personal injuries take place when another person or entity (i.e. people, businesses, corporations, enterprises, companies, organizations,workplaces, etc.) demonstrates carelessness or negligence in a situation that subsequently causes injury or damage to another person. An important fact to remember is that a personal injury happens to an actual individual, as opposed to property or commodities.

Negligence

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. In order for a victim to recover compensation for their losses following a serious accident, they must be able to prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Contributory negligence is the legal concept that refers to the situation in which an injured person is a contributing factor to their injuries. This is common in motor vehicle accidents and slip and fall accidents. In contrast, comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent.

Tort

A tort is a civil wrong-doing. It is an action, either purposeful or unintentional, that causes injury or harm to another person. The word “tort” actually means “to harm, twist, or wrong” in Latin. Damages resulting from such civil wrong-doings are remedied by tort laws, generally by awarding compensation.  Rather than being prosecuted by state or national governments, civil lawsuits are generally pursued by the plaintiffs or victims themselves, privately. See our article, “Common Examples of Intentional Torts” to learn more about intentional and non-intentional torts.

When a tort or accident is negligent rather than deliberate, it is neither intended nor expected. This is the principle difference between negligent and intentional torts. There are several types of negligent torts.The most common include drunk driving or motor vehicle accidents, slip and fall accidents, child injuries, dog bites, pedestrian accidents, and more. Although these accidents happen without deliberate intent, the person responsible for causing injury to another is the party that is held accountable in a court of law. Unlike negligent torts, intentional torts can lead to imprisonment and jail time.

Duty of Care

Establishing a party’s duty of care is the primary step in a personal injury case. Negligence can be defined in many ways, but there are two fundamental factors that makes the basic concept most evident. These two factors are “duty of care” and “breaching” that duty.  Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental.

A personal injury lawyer will work to prove that the opposing party had a responsibility and failed to uphold that responsibility,causing another person to get injured or killed. They want to show the court or judge that a defendant breached their personal duty of care, which led to an innocent person getting seriously hurt. If these two concepts can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages.

Indiana Personal Injury Lawyers Who Can Help

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

Call The Law Office of Craven, Hoover, and Blazek P.C. at317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim.We are eager to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Common Terminology in a Personal Injury Claim

A personal injury is harm or damage incurred as a result of another’s negligence or other conduct. This includes physical injuries like broken bones, concussions, lacerations, wounds, burns, internal organ damage, back and neck injuries, head injuries, slip and falls, and wrongful death. It may also include mental and emotional harm, such as damage to one’s reputation in the case of slander or defamation. Sexual harassment and discrimination are other examples of mental and emotional harm.

Continue reading to familiarize yourself with some common personal injury claim terms that will help you better understand your case. Always talk to a seasoned Indianapolis personal injury lawyer to get professional advice and assistance with making an injury claim.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers
317-881-2700


Tort A wrongful or immoral act that causes another person injury or harm. Often times, you will hear personal injury law referred to as “tort law.”

Accident An unintentional and unanticipated event that causes harm to a person, a person’s reputation, or their property.

Negligence Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.

Damages Economic compensation that is awarded by a court in a civil action to a party who has been injured through the wrongful conduct of another party.

Pain and Suffering The physical and/or mental distress experienced by a victim after being injured in an accident.

Liability In tort law, the term “liability” refers to the legal responsibility for one’s acts or omissions.

Plaintiff The party, or group of individuals, bringing forth a lawsuit. Also referred to as a claimant.

Defendant The person or entity that is being presented with a lawsuit from the plaintiff. The party supposedly liable for the plaintiffs’ injuries and damages.

Party A participant in a lawsuit. This may include the person (plaintiff or defendant), their insurance company, and their attorney.

Claimant Also referred to as the “plaintiff”, it is generally the party who brings forth a lawsuit.

Tortfeasor The tortfeasor is the actual person who demonstrated negligence that caused someone harm or damage (also referred to as the “at-fault party”). In some cases, it is the defendant rather than the actual at-fault person. For example, in the case of a minor, the parents might be the defendants, while the juvenile is the actual tortfeasor.

Lawyer The licensed legal party that represents a claimant or a defendant. Sometimes one person, and other times, a small team of people.

Judge A pubic officer that is appointed to hear and decide legal cases in a court of law.

Jury A small group of selected individuals that assist a judge in identifying the guilty party in more complex lawsuits.

Answer The pleading filed by the defendant or opposing party in response to the claimant’s allegations and requests, revealing their position in the case.

Complaint A pleading or formal expression of grievance filed in the appropriate court by the plaintiff.

First Party Insurance The claimant’s insurance company.

Third Party Insurance The defendant’s insurance company.

Third Party Claim A personal injury claim that is filed with the insurance company of another person or entity. They are brought forth by individuals who were purportedly injured or harmed by another party.

Adjuster An individual appointed by an insurance company to handle and investigate a claim. Their purpose is usually to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

Indianapolis Personal Injury Lawyers You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help you recover the full and fair compensation you deserve after being injured in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Basic Glossary Terms for Personal Injury Lawsuits

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When a person is seriously injured by a person, place, or thing as a result of negligence, they are victims of a personal injury. Victims of personal injuries are entitled to compensation for their damages and losses; such as medical expenses, hospital bills, prolonged rehabilitation, lost wages, mental anguish, pain, suffering, and more. In order to pursue compensation following an accident, it is strongly advised to hire a licensed and experienced lawyer that is well-versed in tort law.

It can be very complicated dealing with insurance companies and opposing parties when it comes to recovering compensation; but a seasoned personal injury attorney has the resources and knowledge to fight for the recompense their clients are rightfully owed. Because the process of filing a claim against a company or person is complex, it is imperative to have professional legal counsel in order to present an effective case. Below are several glossary terms that are related to tort law and lawsuits. Continue reading to learn common legal jargon used in a personal injury claim or case.

Important Legal Terms for Tort Law

Personal Injury – Injury to the body, mind, or emotional health.

Accident – An unexpected and often sudden event that causes harm to another person, reputation, or property, unintentionally.

Tort – A wrongful action that results in the injury or trauma of another person, their reputation, or their property.

Negligence – Failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks.

Pain and Suffering – Mental and/or physical distress experienced by a victim of a personal injury.

Recover – To receive compensation equivalent to the losses and damages incurred from a negligent accident that caused a personal injury.

Party – A participant in a lawsuit.

Plaintiff – The party of people bringing forth a lawsuit. Also referred to as a claimant.

Defendant – The person or entity that is being presented with a lawsuit from the plaintiff. The party supposedly liable for the plaintiffs’ injuries and damages.

Lawyer – The licensed legal party that represents a claimant or a defendant. Sometimes one person, and other times, a small team of people.

Judge – A pubic officer that is appointed to hear and decide legal cases in a court of law.

Jury – A small group of randomly selected individuals that assist a judge in identifying the guilty party in more complex lawsuits.

Adjuster –An individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

First Party Insurance – The claimant’s insurance company.

Third Party Insurance – The defendant’s insurance company.

Answer – The note filed by the defendant or opposing party in response to the claimant’s allegations and requests, revealing their position in the case.

Complaint – A formal expression of grievance filed in the appropriate court by the plaintiff.

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Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about personal injury lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned accident attorneys that can fight to recover compensation for your losses. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis personal injury lawyer, today.

Personal Injury Guide and References

Personal Injury Lawyers

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A personal injury can happen to anyone, children and adults alike. When someone is injured in an accident that was caused by another entity’s negligence (a person, company, organization, product, etc.), they are considered victims of tort. Tort is a civil wrong that can serve as grounds for a lawsuit in order to recover compensation for related damages. There are three different kinds of tort; intentional torts, negligent torts, and strict liability.

Examples of intentional torts can include cases of assault, harassment, trespassing, or emotional distress. Negligent torts can include cases like fraternity hazing gone bad, wrongful death, and motor vehicle accidents. Cases of strict liability can include slip and fall accidents, defective products, and more. There are several other areas of tort as well, not included in the above categories; such as defamation, harassment, nuisance tort, and more.

An example of a common tort would be if a drunk driver hits you and causes you serious injury. In this case, they have committed a negligent tort, and you have grounds to pursue lawsuit to obtain recompense for vehicular damages, personal injuries, trauma, lost wages, and much more. Assault is another example of tort that can lead to a personal injury lawsuit. Some forms of tort, mostly intentional ones, are not only grounds for a personal injury lawsuit, they are also punishable by imprisonment. Other forms of personal injury include wrongful death. Property damage, however, does not fall under personal injury law.

Personal Injury Terms

We have covered what tort is, and what a personal injury is, but there are other related terms that might be helpful to know before pursuing your own personal injury lawsuit. There are nine principle participants in a general personal injury claim. The first is the victim, or person filing for the victim. This is called the claimant. The rest are listed and defined below. Continue reading for more helpful legal terms related to personal injury lawsuits.

Claimant – This is the person that files the claim with an insurance company, or the person that actually suffered the personal injury. In the case of a wrongful death, the claimant would usually be a relative or spouse.

Party – A participant in a lawsuit.

Plaintiff – Also called the “claimant”, or the person that files the lawsuit.

Defendant – This is the opposing party (either a company or individual), or the party being sued.

Lawyer – This is the licensed legal party (usually one person, or sometimes a small team) that represents the claimant in a personal injury lawsuit.

Adjuster – This is the individual appointed by an insurance company to settle a claim. Their purpose is to coordinate a settlement that doesn’t require the insurance company to pay out, or pay-out as little as possible.

First Party Insurance – This is the insurance company of the victim, or person filing the claim.

Third Party Insurance – This is the opposing party’s insurance, or the party being sued.

You can speak with a licensed Indianapolis accident attorney about your personal injury questions and concerns by simply scheduling a free initial consultation. They can listen to your story and assess whether or not you were an actual victim of tort. If they find that you or your loved one was wrongfully injured or killed as a result of another entity’s negligence, they will represent your claim. Many law firms do not collect upfront lawyer fees, and only do so if they recover full and fair compensation for their clients.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indianapolis personal injury attorney regarding a recent tort or accident. Seasoned lawyer, Daniel Craven, and the panel of personal injury attorneys alongside him, are eager and waiting to recover the full and fair compensation you rightfully deserve after being negligently injured in an accident. We offer free initial consultations and never collect lawyer fees unless we settle your claim. Call 317-881-2700 for more information about filing a personal injury lawsuit in Indianapolis, Indiana, today.