Know Your Rights: Strategies to Secure Full and Fair Personal Injury Compensation

Posted on January 23, 2024 by admin

In the aftermath of an accident, understanding your rights and the compensation you are entitled to is essential. This blog post will help guide you through the often complex landscape of personal injury settlements, illuminating the types of damages awarded and how compensation is calculated. When suffering from personal injuries, you may be entitled to general damages, punitive damages, and compensation for various losses you’ve endured.

It’s important to remember that securing full and fair compensation is often a rigorous process, requiring the expertise of an accident lawyer. Continue reading to navigate the world of personal injury compensation confidently, ensuring you don’t settle for less than you deserve.

Call 317-881-2700 to Speak With an Indiana Personal Injury Accident Lawyer

Types of Damages Awarded to Personal Injury Victims

When discussing personal injury settlements, it’s crucial to understand the types of damages you may be entitled to receive. Personal injury cases can result in various types of damages awarded to the victim. These damages can cover a wide range of losses, including medical expenses, lost wages, pain and suffering, and property damages.

General damages are awarded to compensate the victim for tangible monetary losses, such as medical expenses, hospital bills, and lost wages. Non-economic damages, like pain-and-suffering and loss of enjoyment of life, can also be awarded depending on the nature of the case. These damages are more subjective and thus, more challenging to quantify, but they may include damages for psychological injuries as well.

Punitive damages can be awarded in situations in which the defendant’s actions are seen as intentionally harmful or reckless, aimed to punish the offender and set an example for others. The total amount of damages awarded often depends on the severity of the injury, the long-term effects on the victim’s life, and other mitigating factors.

Overall, it’s essential for plaintiffs to work with an experienced personal injury lawyer to ensure that they receive financial compensation for all of the damages they have suffered.

Calculating Personal Injury Compensation

When determining the amount of payment that you are entitled to, several factors come into play. These may include medical expenses, lost wages due to missed work, property damage, and overall pain and suffering caused by the accident. To determine the value of your case accurately, it’s vital to keep and accumulate records of all the expenses and losses you’ve incurred as a result of the accident.

The process of calculating personal injury compensation can be complex, and it’s crucial to seek the assistance of an experienced Indiana injury attorney. They have the expertise to evaluate your case thoroughly and negotiate with insurance companies or represent you in court. Hiring a personal injury lawyer will provide you with the best chance that you receive full and fair compensation for your losses and helps alleviate the stress of navigating the legal process on your own.

More on the Importance of Hiring an Accident Lawyer

Pursuing a personal injury claim for compensation can be overwhelming, especially when you’re dealing with physical and emotional injuries. In addition to guiding you through the process, an accident lawyer will have your best interests in mind and strive to secure a full and fair settlement. They have extensive knowledge of Indiana personal injury law and can navigate the complexities of negotiations or legal proceedings. Moreover, insurance companies may try to take advantage of your lack of legal knowledge and offer a lower settlement amount than you deserve. An accident attorney will fight for your rights and ensure that you receive proper compensation for all damages and losses incurred.

Conclusion

In conclusion, understanding your rights as a personal injury victim and the types of damages awarded is crucial in securing full and fair compensation. It’s essential to keep records of all expenses and losses incurred and to obtain the medical care necessary to get you back to where you were before the injury, and hiring an accident lawyer can greatly benefit the outcome of your case. Remember, you deserve to be fully compensated for any injuries or damages caused by another party’s negligence. Don’t settle for less than what you are entitled to and seek the help of an experienced accident lawyer to ensure your rights are protected. So, if you or a loved one has been injured in an accident, don’t hesitate to seek legal advice and fight for the compensation you deserve.

Remember, knowing your rights is the first step towards securing full and fair personal injury compensation. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. We can hold meetings in our office, or, if you cannot travel, we can speak over the phone or at your place of medical in-patient care. Call now before time runs out on your claim!

When are Punitive Damages Awarded in Personal Injury Lawsuits?

Posted on January 9, 2024 by admin

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

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

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

Personal Injury Cases

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

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

Understanding Punitive Damages

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

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

Examples of Punitive Damages

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

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

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

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

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

Conclusion

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

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

The Link Between Gross Negligence and Punitive Damages

Posted on October 29, 2021 by admin

Punitive damages in a personal injury case are fairly uncommon since they are generally awarded in trials involving egregious or reprehensible behavior. In fact, such damages are awarded solely for the purpose of punishing the defendant responsible for the accident and to deter other persons from performing similar acts. Under the realm of punitive damages, you may come across the term gross negligence, which is an element to proving punitive damages.

Continue reading to learn more about gross negligence and punitive damages in a personal injury case, including how to get more information regarding your eligibility for pursuing legal action against an outrageously negligent person who caused you or your loved one harm in an accident.

Negligence Lawyers Indianapolis IN 317-881-2700

General Damages in a Personal Injury Case

A wrongfully injured victim can recover qualifying general damages, also called compensatory damages, in a personal injury case. Such damages include calculable expenses such as hospital bills, medical expenses, lost wages for missing work, and even the cost of fuel driving to and from doctors’ appointments or treatments. They may also recover non-economic damages for mental anguish, pain and suffering, permanent disability, and similar non-expenditure consequences of being wrongfully injured in an accident.

Punitive Damages

When a defendant in a personal injury case has done something particularly egregious, the victim of the accident may be awarded punitive damages. Although the injured victim benefits from the compensation, punitive damages are awarded for the purpose of punishing the defendant for their inexcusable or reprehensible behavior that caused the accident and to deter other persons from performing similar acts .

Gross Negligence

In most states, in order to be awarded punitive damages, the defendant must have behaved maliciously, deceitfully, intentionally, or with extreme recklessness, disregard, or indifference. This type of behavior is generally referred to as gross negligence in personal injury cases. To be awarded punitive damages, an injured victim’s personal injury lawyer would have to prove gross negligence. Gross negligent behavior can be an act, or even a failure to act.

Example of Gross Negligence

To better understand gross negligence cases, here is an example of a potential accident that would call for punitive damages:

A building inspector identifies a railing hazard on the 3^rd floor apartment balcony and gives the landlord a report that suggests repairing it immediately. Knowing that the balcony railing is loose and requires replacement, the landlord rents the apartment to a family without making the repair. As a result, the 3 year old child falls off the balcony and dies. The landlord could be said to have acted with extreme negligence and disregard to their tenant’s safety. The bereaved could file suit against the landlord seeking general damages and punitive damages in a wrongful death case.

Are you looking for skilled personal injury law firm to represent you in your gross 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 represent injured victims and loved ones of persons who have dies as a result of the negligence of another person or corporation throughout the state of Indiana.

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

The Most Common Types of Damages Awarded in Personal Injury Lawsuits

Posted on March 1, 2021 by admin

Those who are injured wrongfully by a reckless or negligent party should not be financially liable for their damages and losses. Wrongfully injured victims deserve justice, and that justice by law comes in the form of full and fair compensation for everything from medical expenses and hospital bills, to lost wages, pain, suffering, disability, and much more. These types of losses all fit under one of two categories of damages, economic and non-economic. Within these two umbrella categories lies several other types of damages that are and should be awarded in personal injury cases. As an injured victim hurt in an accident that was not your fault, you deserve to know which types of damages you are entitled to under the law.

Continue reading to review the most common types of damages in personal injury lawsuits, and where to get trusted advice on your claim.

Indianapolis IN Personal Injury Law Firm 317-881-2700

Economic and Non-Economic Personal Injury Damages

Economic damages represent quantifiable losses that are documented, and therefore, can be more precisely calculated. Examples of such damages include hospital bills, medical expenses, gas money spent traveling to and from doctor’s visits, lost wages from missing time at work, and similar out-of-pocket costs. Non-economic damages are the opposite, as they are more difficult to put a figure to. However, these types of damages are even more impactful and deserving of compensation, such as pain and suffering, emotional trauma, mental anguish, loss of consortium, loss of ability to work, permanent disfigurement or disability, and similar losses experienced by a personal injury victim.

⚖ Compensatory Damages – Economic damages, like hospital bills and medical treatment, are types of compensatory damages, or actual damages. They can be traced and calculated.

⚖ General Damages – General damages are also known as hedonic damages, and they represent non-economic damages like pain and suffering or reduced quality of life. These are the damages that injured persons are entitled to under the law and any settlement or award for these types of damages should be substantial if the injury was substantial.

⚖ Special Damages – There is also another category known as special damages, which are awarded for things like property damage, legal fees, and even incidental and future damages, if eligible.

Punitive Damages

Courts may also award additional punishable damages in special cases of extreme offensive conduct including gross negligence. These are called punitive damages, or exemplary damages, and are more intended to reprimand the wrong-doer rather than award the victim (although the victim still receives a percentage of the monetary compensation awarded). Punitive damages are awarded in cases where victims suffered losses as a result of another’s maliciousness, brazenness, or gross negligence. They are intended to set an example, as well as reform the wrong-doer and deter others from similar immoral behaviors.

Aggravated Damages

Aggravated damages are not a separate category of damages, but rather an extension of general damages that fall under compensatory damages. Aggravated damages are essentially the same as punitive damages, since they are awarded for cases of egregious invidious conduct, however, they are directly compensatory in nature. Punitive damages are meant to punish, whereas aggravated damages are meant to monetarily compensate a victim for aggravated injuries sustained by a defendant’s extreme malevolent conduct.

To learn more details about the common damages awarded in a personal injury claim, speak with a licensed Indiana accident lawyer who has the knowledge and experienced necessary to obtain the full and fair compensation you deserve as a wrongfully injured victim.

Learn More About Making a Personal Injury Claim in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to being compensated for your damages and losses after being wrongfully injured in Indianapolis, Indiana. Our seasoned personal injury lawyers retain extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

You Might Also Like:

The Difference Between General Damages and Punitive Damages
Legal Facts About Pain and Suffering Damages in Indiana
How to Get the Maximum Settlement for Your Indiana Accident Lawsuit

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

What is the Worth of My Personal Injury Claim?

Posted on January 19, 2021 by admin

If you were hurt in an accident that was someone else’s fault, after seeking immediate medical treatment, the first thing you should do is consult with an attorney so you may become informed as to your rights, including your right to receive full and fair compensation for your injuries and damages.

Continue reading to learn more about confirming the worth of your personal injury claim, including the common damages you might recover, and how to get started with a free consultation with a seasoned Indiana accident lawyer.

Indiana Personal Injury Law Firm 317-881-2700

Calculating Personal Injury Claim Values

The value of your personal injury claim is important because in the end, you deserve the be granted full and fair compensation for all of your damages and losses. Whether the value of your claim is relatively small or substantial, it is vital that you seek proper legal consultation and representation from an experienced Indiana personal injury law firm. They can ensure that you receive the maximum settlement or verdict for your claim.

It is impossible to precisely quantify a personal injury claim before extensive investigation and case documentation have been completed and even then although it is difficult , you can get a rough estimate by identifying the common damages in a personal injury claim. There are a few different categories of damages recognized by the law, but the two primary types of personal injury damages are compensatory and punitive damages.

Compensatory Damages

Compensatory damages are also called actual damages, as they are measurable by calculation, and intended to compensate you for your out-of-pocket costs that resulted from your accident and injuries. Actual damages include both economic and future-economic losses, like hospital bills, medical expenses, lost wages from missing time at work, fuel costs driving to and from medical care, and future economic losses, such as permanent disability, disfigurement, loss of consortium (intimacy),loss of work abilities, loss of education experience, and similar reasonably measurable losses. Pain and suffering and mental anguish damages are the most important damages in a personal injury case however.

Punitive Damages

Punitive damages are much different than compensatory damages. Also known as exemplary damages (as in ‘setting an example’), such damages are awarded to accident victims more so for the purpose of punishing the at-fault party, as well as setting a public example to deter the particular type of gross negligence involved in the case. This generally occurs when the at-fault party is found or suspected to have acted deliberately, spitefully, grossly negligent, or with wanton disregard for the rights and welfare of the victim. Nonetheless, it is the victim that is compensated in the end for such egregious negligence.

How to Get Started on Your Personal Injury Claim in Indiana

Start by gathering up all of your quantifiable compensatory damages, such as medical bills, hospital bills, your lost paychecks from missing work, and any other bills that resulted from your accident and injuries. This will give you a very rough estimate of how much your case might be worth. You should hire an attorney right away because they will help you in obtaining the necessary evidence for your case and they will obtain the vast majority of the evidence so you do not have to. Your next step is to contact an Indianapolis personal injury lawyer to learn more about the validity and strength of your claim. Most accident law firms will meet with you for free to hear your case.

Schedule a Free Consultation With Our Indiana Personal Injury Attorneys

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations and never collect lawyer fees unless they win your settlement and recover compensation for your damages. We serve clients in Indianapolis and all throughout Indiana, via phone, online video conference, or in-person at our Indy-based office. Get started today, before the statute of limitations runs out on your claim!

The Difference Between General Damages and Punitive Damages

Posted on June 8, 2020 by admin

When a victim is awarded a judgment in a personal injury case, it is for the purpose of helping the victim recover from their damages and losses they’ve wrongly suffered as a result of the accident. There are different kinds of damages in a personal injury case, some that compensate victims for pecuniary losses, and others that are meant to punish the negligent and serve as an example. Among all the possible types of damages, two common categories of damages awarded in accident cases are general damages and punitive damages.

Continue reading to learn the difference between the two, and what to do if you recently suffered serious injuries as a result of another’s negligence, recklessness or malicious intent.

Indiana Personal Injury Attorneys 317-881-2700

General Damages

General damages fall under compensatory damages, also known as “actual” damages since they are calculated by traceable, quantifiable, and tangible losses. Such damages are awarded in a personal injury case to compensate a victim for the various financial losses they’ve suffered as a result of being negligently injured. Such losses that fall under general damages include hospital bills, medical expenses, lost work income, and sometimes legal fees and property damage.

General damages, also known as hedonic damages, are intended to compensate for non-economic losses, such as pain and suffering. Additional examples of possible losses covered under general damages include permanent disfigurement or disability, prolonged physical therapy, loss of the ability to work, reduced quality of life, mental anguish, loss of consortium, and wrongful deaths.

Special Damages

In addition to compensatory and general damages, special damages compensate victims for quantifiable economic losses, such as lost wages, hospital bills, medical expenses, legal fees, and property damage. Special damages can also include incidental and future damages if evidence can prove future losses like prolonged therapy or loss of earning capacity.

Punitive Damages

Not only are personal injury victims compensated for their economic and non-economic losses, they might also be awarded extra compensation for punitive damages. Punitive damages are not meant to cover a physical or mental loss. Instead, they are awarded to punish the defendant and set an example to the public to thwart the particular type of conduct involved. You see, standard negligence is violating your general, lawful duty to act with reasonable care. Gross negligence, on the other hand, is this same disregard for your duty of care, but at an egregious level.

In most states, a victim can seek punitive damages if the negligent party is found to have demonstrated intentional misconduct, gross negligence or reckless indifference. Gross negligence refers to conduct that is reckless and demonstrates or represents a mindful disregard or lack of sympathy of another’s safety, health, life, or civil rights. In some states, it is only required to prove that the negligent party acted recklessly, maliciously, or deceitfully.

Examples of intentional misconduct and gross negligence:

A person drops a heavy rock from a highway bridge with the intent of hitting a passing car. The rock smashes into the windshield of a moving car, causing the driver to instantly lose control of their vehicle and wreck. The driver is seriously injured, and might be awarded punitive damages under the principal of intentional or reckless misconduct.

A building inspector informs a business owner that their roof is in dangerous condition, and orders that the hazardous areas be closed off to customers until they are repaired. The business owner fails to take any action, and later, the roof collapses on a group of customers, severely injuring them. These customers might be awarded punitive damages under the principle of gross negligence.

Where to Get Help With a Personal Injury Claim in Indianapolis

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. Our experienced accident lawyers can help you obtain the settlement you deserve after suffering a serious injury. We offer free initial consultations and never collect attorney fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.

What are Punitive Damages in a Personal Injury Lawsuit?

Posted on June 3, 2019 by admin

When accidents happen as a result of negligence, the scope of possible injuries are vast. Accordingly, the scope of carelessness on behalf of the at-fault party will also vary greatly. In cases where the tortfeasor demonstrated outrageous or egregious misconduct that directly caused the victim’s injuries, a court or jury may decide to award additional monetary damages to the plaintiff party in a personal injury lawsuit. These are called punitive damages, or exemplary damages, and they are meant to punish and deter negligent parties.

Continue reading to learn more about punitive damages, as well as where to get started on your personal injury claim in Indianapolis.

Indianapolis Personal Injury Attorneys 317-881-2700

Personal injury law generally recognizes and considers three types of losses, referred to as compensatory damages. Depending on the types of losses experienced following a personal injury, one’s damages will be either economic (including future economic losses), non-economic, or both. Types of economic losses may include medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, child care expenses, fuel costs (to and from doctors’ visits), and similar payments.

Future economic losses are included as economic losses, such as prolonged medical treatment, physical therapy, long-term care, future medical expenses, future hospital costs, and more. Types of non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of consortium, loss of work abilities, loss of education experience, and more.

Punitive Damages

Aside from the 3 common types of damages awarded in a personal injury lawsuit, there is another category that can also be awarded in addition to actual damages. These are called punitive damages. Punitive damages, also known as exemplary damages, are different from economic and non-economic damages because they are not intended to compensate a victim for the loss of their quality of life. Instead, they are meant to punish the tortfeasor, as well as, set a public example and double as a deterrent for the particular gross negligence involved in the case.

Punitive damages have even been branded “quasi-criminal” since they sit halfway between the criminal law and civil law. Furthermore, defendants are seen as acting deliberately, spitefully, grossly negligent or with disregard for the rights and welfares of the victim. In fact, the typical terminologies used to describe such conduct and justify the awarded damages in personal injury cases include wanton, fraud, malice, outrageous, violent, bad faith, oppression, reckless, grossly negligent and even wicked.

Where to Get Reliable Legal Advice Regarding Your Recent Accident

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action after being negligently injured in an accident in 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.

A Brief Explanation of Compensatory and Punitive Damages

Posted on June 12, 2018 by admin

Personal Injury Law Firm
317-881-2700

In tort law, there are 2 main categories of damages that can be awarded in a personal injury case: compensatory damages and punitive damages. The chief objective of such damages is to restore an injured victim’s quality of life back to the way it was before they were involved in an accident. Continue reading to learn more about each category of damages, as well as, what to do if you were recently denied sufficient compensation to cover your losses after being injured in a serious accident.

Compensatory Damages

Compensatory damages are meant to restore a victim’s losses that were incurred as a result of a defendant’s wrongful conduct or negligence. Types of losses that fit this category include property damage, hospital bills, current and future medical expenses, lost wages, prolonged physical therapy, permanent disfigurement or scarring, loss of consortium, reduced quality of life, loss of enjoyment of life, pain and suffering, mental anguish, and more. The most common accidents that result in compensatory damages being awarded are generally those that involve carelessness and negligent, such as car accidents, slip and fall accidents, and product defects.

Punitive Damages

Cases in which a defendant’s conduct was especially egregious, a court may award a victim with punitive damages. These are generally reserved for those who deserve penalty or punishment for an outrageously negligent or illegal act that harmed another person. An at-fault party in this type of case would likely face criminal prosecution too. Not only will courts use punitive damages to punish a defendant, they may also award them to set an example for the rest of the community. Common examples of such cases include drunk driving accidents, wrongful deaths, and medical malpractice.

Nominal Damages

Aside from the standard compensatory and punitive damages awarded in a personal injury lawsuit, there is a third category that is not as common called nominal damages. Nominal damages are small sums of money that are sometimes awarded to injured victims who have not incurred a significant economic loss or injury, but did experience an invasion of rights. Although minimal in funds in most cases, these damages are still important because they allow injured victims to pursue legal recompense for an immoral act against them, even if the act didn’t cause any financial repercussions. A court may award nominal damages to a plaintiff simply to show that the plaintiff is right and the defendant is wrong. They can be as low as 1 dollar since they are really meant to prove a point.

An Indianapolis Personal Injury Law Firm You Can Trust

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help making a personal injury claim in Indianapolis, Indiana. Our seasoned accident attorneys are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Who is Liable for Independent Contractor Commercial Construction Injuries?

Posted on May 29, 2018 by admin

When an independent contractor, or one of their employees, is injured on the job at a commercial construction site, it is common for people to think that the liability for damages and losses falls onto the contractor; however, others believe the liability should fall onto the business owner who contracted the work.

If you are having construction work done to your place of business, it is wise to understand your role in the chance that a private contractor is injured while working. If you are an independent contractor who was recently injured on a commercial job, it is vital that you contact a licensed Indianapolis accident attorney as soon as possible to discuss your options for making a claim.

In the meantime, continue reading to learn who the courts generally find responsible for independent contractor accidents and injuries in Indiana.

Construction Site Accident Claims 317-881-2700

Legal liability can be quite unclear in the case of an independent contractor accident. The laws of liability vary from state to state, and differ greatly from case to case. It is important to discuss your questions and concerns with a licensed personal injury law firm for professional advice and personalized answers unique to your case.

Gross Negligence

There are some examples of when legal responsibility is less uncertain in the case if an injured independent contractor. A common example is when a business owner is guilty of “gross negligence.” This means that a business owner used unreasonable and/or deliberate misconduct that directly caused the contractor harm.

For instance, a business owner may exhibit gross negligence if they hire a private roofing contractor to inspect their roof, but fails to inform them that the roof is incredibly weak and unstable. As a result, the contractor falls through the roof and suffers serious injuries. In such a case, a court could find that the business owner was clearly and exceptionally negligent by failing to disclose the true nature of the roof.

If a court finds a business owner grossly negligent, the business owner could be liable for the damages and losses incurred by the victim, including hospital bills, medical expenses, unemployment reimbursement, prolonged physical therapy, and much more. Learning the difference between gross negligence and standard negligence can help you better understand this legal concept.

Punitive Damages

In special cases of egregiously offensive misconduct or flagrant negligence, a court could award an injured independent contractor “punitive damages.” Also known as “exemplary damages”, punitive damages are more intended to reprimand the wrong-doer rather than award the victim (although the victim still receives monetary compensation). Learning about the common types of damages awarded for victims of injury will help you understand these kinds of cases and more.

Independent Contractor Licenses and Insurance

In the case that a business owner hires an independent contractor who has a contractor license, the contractor themselves could be responsible for any injuries they (or their employees) sustain on the job. When hiring a private contractor, it is vital to ensure they have a current contractors license by actually viewing the license and/or requesting the license number to look up. Word of mouth is not enough to absolve a business owner’s legal responsibility in the case of an accident.

In some cases, even if a contractor has a license, a business owner could still be liable for injuries sustained by the contractor or their employees. This can happen if a contractor does not carry insurance that covers bodily injuries and workers’ compensation for lost wages. For these reasons, it is important to ensure that a private contractor retains the proper insurance coverage for property damage and bodily injury.

Independent Contractor Injury Claims

Personal Injury Law Firm
317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were recently injured on the job as an independent contractor in Indiana. You can speak with a seasoned Indianapolis construction accident lawyer about recovering compensation for your losses and damages. We offer free initial consultations to discuss your claim, and never collect lawyer fees unless we prevail for you!

The Fundamentals of a Negligence Lawsuit

Posted on June 5, 2017 by admin

Indianapolis Accident Lawyers 317-881-2700

When a victim sues an at-fault person in civil court for personal injuries that resulted from an accident caused by the defendant, it is considered a negligence lawsuit. In criminal court, there are wrongdoers, whereas, in civil court, there are negligent or at-fault parties. In a negligence lawsuit, the plaintiff (victim or family of victim) carries the burden of proving their case. In order to do so, they must provide evidence to prove the 4 main elements of every negligence lawsuit.

The 4 Main Elements of a Negligence Lawsuit:

The Plaintiff must prove…

Ⅰ. The defendant had a legal duty of care.

An example of having a duty of care would be a school. Teachers and administrators have a duty of care to ensure children are looked after and kept safe from danger.

Ⅱ. The defendant breached that duty of care.

Continuing the example above, if the teacher takes their class to the park, and a child falls into a pond, she is guilty of negligent supervision.

Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.

Since the child would likely have not fallen into the pond if they were being properly supervised, the teacher could be held liable for any injuries or wrongful death that resulted from the child falling into the pond while under her supervision.

Ⅳ. The Plaintiff’s injuries caused damages and losses.

The final element of every negligence case has to do with damages and losses. Victims can recover various types of damages depending on the details and circumstances of their case.

Types of damages include:

Compensatory – Compensates for actual costs incurred as a result of the accident/injuries, such as lost wages, hospital bills, and medical expenses. Compensatory damages can include both general and special damages.

General – Monetary compensation for injuries.

Nominal – Awarded when negligence is proven, but losses have not yet occurred.

Special – Compensates for material possessions lost or damaged in the accident.

Punitive – Awarded to victim for the purpose of punishing the defendant for their negligence.

Indianapolis Accident Attorneys 317-881-2700

It is the judge in the end who decides what duty of care the defendant had with the plaintiff. It is the personal injury attorneys who fight on behalf of injured victims to ensure they receive the full and fair amount of compensation for their damages and losses. Choose an experienced Indianapolis personal injury lawyer if you or someone you love was recently injured as a result of another person or company’s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.