What You Need to Know About Strict Liability Torts in Personal Injury Law

Posted on December 6, 2024 by admin

When it comes to personal injury law, not all cases hinge on proving negligence. Strict liability torts play a unique and crucial role in holding certain parties responsible, regardless of intent or carelessness. If you’ve been injured or are seeking legal advice, understanding strict liability torts could make all the difference in pursuing a successful claim.

This blog will guide you through the essentials of strict liability torts, their significance, key elements, common injuries covered, landmark legal precedents, burden of proof, and the steps you can take to prove your claim. By the end of this post, you’ll have the insight you need to better understand your rights and whether you should consider seeking legal counsel.

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What Are Strict Liability Torts?

Strict liability torts are a branch of tort law where a defendant can be held liable for specific actions or circumstances, even if they took reasonable care. Unlike other tort cases where negligence or intent must be demonstrated, strict liability focuses solely on the activity or product involved.

The roots of strict liability lie in English common law, particularly in cases dealing with dangerous activities—such as handling explosives or wild animals—and defective products. These legal principles have evolved over time to ensure that those engaging in inherently risky activities or producing faulty products bear responsibility for the harm caused.

Why They Matter in Personal Injury Law

Strict liability simplifies the legal landscape for injury victims. Since proving negligence can be complex and time-intensive, particularly when going up against corporations or large entities, strict liability removes this barrier. Instead, claimants primarily need to show that the harm resulted from the defendant’s actions, product, or activity—making strict liability a claimant-friendly doctrine.

Understanding the Elements of Strict Liability Torts

Strict liability cases rely on specific elements that must be proven in court. These include:

The Defendant Engaged in a Regulated Activity or Produced a Product: The defendant must have participated in an activity considered inherently dangerous or produced a product sold in the marketplace.
Causation: There must be a direct link between the defendant’s action (or product) and the injury sustained.
Damages/Injuries: The claimant must demonstrate actual harm, such as physical injury, property damage, or financial loss.

Examples of Strict Liability in Action

Wild Animals: If a zoo or individual owns a wild tiger that escapes and injures someone, the zoo can be held liable under strict liability, regardless of how secure its enclosures seemed.
Defective Products: A consumer using a pressure cooker that explodes due to a design flaw doesn’t need to prove manufacturer negligence but can claim damages under strict liability laws.

Understanding these elements can set the foundation for documenting a strong case under strict liability tort law.

Types of Injuries Covered Under Strict Liability

Product Defects

One of the most common applications of strict liability is product liability cases. This could involve manufacturing defects, design flaws, or insufficient warnings about product risks—such as a mislabeled pharmaceutical drug that causes side effects.

Abnormally Dangerous Activities

Activities considered “abnormally dangerous” are another major category. Handling toxic chemicals, transporting explosives, or demolishing buildings may lead to strict liability claims if they result in harm.

Harm by Animals

Owners of wild animals—or even domesticated animals with known aggressive tendencies—may potentially face strict liability for injuries caused by these creatures.

By covering a wide array of injuries, strict liability helps ensure that injury victims receive fair compensation.

The Burden of Proof in Strict Liability Cases

One of the most notable advantages of strict liability lies in the reduced burden of proof for plaintiffs. This lighter burden can significantly improve a claimant’s chances of a favorable outcome, particularly against well-resourced defendants.

No Need to Prove Negligence: Unlike negligence cases, strict liability doesn’t require the claimant to show that the defendant failed to act with reasonable care.
Focus on Harm and Causation: Claimants must demonstrate that the injury occurred and was directly caused by the defendant’s activity or product.

How to Prove Strict Liability in a Personal Injury Claim

Proving your case may not be easy, but with the right preparation and legal guidance, success is within reach. Documenting a strong strict liability case involves the following steps:

Gather Evidence: Collect all relevant documentation, including medical records, accident reports, and photos of injuries or damage.
Establish Causation: Show that the harm directly resulted from the defendant’s action or defective product.
Engage Expert Testimony: Experts, such as engineers (for product defects) or toxicologists (for chemical exposure), can provide compelling support for your case.
Work with a Personal Injury Attorney: A legal professional experienced in strict liability torts will help streamline your claim and strengthen your argument.

Benefits and Challenges of Strict Liability Torts

For claimants, the advantages of strict liability include a simplified legal process where they do not have to prove negligence or intent. This framework also enhances consumer protection as it incentivizes companies to maintain higher safety standards, ultimately benefiting consumers.

On the other hand, defendants face considerations such as financial risks, as strict liability can lead to significant payouts even if they acted reasonably. Additionally, businesses must ensure robust safety measures to prevent their products or activities from harming others. Balancing these advantages and challenges is part of the ongoing dialogue about the role of strict liability in modern tort law.

KNOW YOUR RIGHTS AND TAKE ACTION

Strict liability torts empower injured individuals to seek justice and compensation without the complex burden of proving negligence. This however does not mean proving such a case is easy. Whether you’ve been hurt by a defective product, hazardous activity, or another related cause, understanding the key elements of strict liability is essential in pursuing your claim.

If you believe you have a strict liability personal injury case, seeking legal advice should be your next step. Consulting an experienced attorney can help you understand your options and guide you toward the best course of action.

Your path to justice starts here—don’t wait to make your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis personal injury lawyer who can give you competent advice for your legal matters. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

Basic Explanation of Indiana Personal Injury Law

Posted on November 18, 2024 by admin

When life takes an unexpected turn and accidents happen, understanding personal injury law becomes crucial for Indiana residents. Whether it’s a car crash, trucking accident, wrongful death or a slip and fall, knowing your rights and the legal process that follows can change the outcome of your case. This guide is designed to help you grasp the complexities of personal injury law in Indiana, empowering you with knowledge and confidence as you seek justice and compensation.

Personal injury law primarily focuses on providing redress to individuals who have suffered harm due to someone else’s negligence. For residents of Indiana, these laws play a significant role in ensuring justice is served and rightful compensation is obtained. From understanding the legal process to knowing your rights under Indiana’s comparative fault rule, this blog will equip you with essential insights.

Join us as we explore the types of personal injuries prevalent in Indiana, the legal framework that governs such cases, and the steps you need to take to protect your rights and seek compensation effectively.

Understanding Indiana Personal Injury Laws

Personal injury law is a branch of civil law designed to offer protection to individuals harmed by the negligence or wrongdoing of others. In Indiana, this area of law is particularly vital, as it encompasses a wide range of accidents and injuries faced by residents daily. These laws ensure that victims can seek legal recourse to recover damages and obtain fair compensation.

In Indiana, personal injury cases can arise from various scenarios, including road accidents, workplace mishaps, medical errors, and more. The primary objective of these laws is to provide financial relief to victims by covering medical expenses, lost wages, pain and suffering and emotional distress. Understanding the nuances of personal injury law can empower Indiana residents to make informed decisions when seeking justice.

For Indiana residents, being aware of personal injury law means knowing when and how to take legal action. It involves recognizing the importance of gathering evidence, consulting legal professionals, and understanding the potential outcomes of a personal injury case.

Most Common Types of Personal Injuries

Accidents are an unfortunate reality, and in Indiana, certain types of personal injuries are more common than others. Auto accidents, slip and falls, and medical malpractice are among the leading causes of personal injury claims in the state. Each type has its unique challenges, requiring a clear understanding of the legal implications involved.

Motor vehicle accidents are prevalent in Indiana, often resulting in serious injuries or fatalities. Victims of such accidents must be aware of their rights and the steps needed to file a claim. From collecting evidence at the scene to dealing with insurance companies, knowing what to do can significantly impact the outcome of your case.

Premises liability incidents, like slip and falls, occur frequently in Indiana, especially in public places and workplaces. These accidents often result from hazardous conditions, such as wet floors or uneven surfaces. Understanding liability in these cases is crucial, as proving negligence can be complex and requires thorough investigation.

Medical malpractice cases involve injuries caused by medical professionals’ negligence. In Indiana, such cases can be challenging to prove, as they require demonstrating a breach of the standard of care. Victims must be prepared to gather extensive evidence, including medical records and expert testimonies, to support their claims.

Navigating the Legal Process in Indiana

Filing a personal injury claim in Indiana involves navigating a structured legal process. From gathering evidence to negotiating settlements, understanding each step can help ensure your case proceeds smoothly. The first step is filing a complaint, which officially begins the legal proceedings and outlines the details of your claim.

Once a complaint is filed, both parties engage in the discovery process, where evidence is exchanged, and depositions take place. This phase is critical for documenting a strong case, as it allows you to gather crucial information to support your claim. In Indiana, both parties may also engage in mediation to attempt a settlement before proceeding to trial.

If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome. Understanding the trial process and preparing adequately is essential for presenting a compelling case. Throughout this process, having legal representation can significantly improve your chances of success.

Indiana’s Comparative Fault Rule

Indiana follows a comparative fault rule, which can significantly impact personal injury cases. This rule allows for the apportionment of fault between parties involved in an accident, affecting the compensation awarded. Understanding how this rule works is crucial for anyone pursuing a personal injury claim in Indiana.

Under Indiana’s comparative fault system, a plaintiff’s compensation may be reduced based on their degree of fault in the incident. For example, if a victim is found to be 20% at fault for a car accident, their compensation may be reduced by 20%. This rule emphasizes the importance of accurately determining liability in personal injury cases.

In some cases, if a victim is found to be more than 50% at fault, they may be barred from recovering any compensation. This aspect of Indiana’s comparative fault rule highlights the need for thorough evidence collection and legal expertise when pursuing a personal injury claim.

Indiana’s Statute of Limitations

Time is of the essence when it comes to filing a personal injury claim in Indiana. The statute of limitations sets a deadline for taking legal action, making it essential to act promptly. In Indiana, the statute of limitations for personal injury cases is generally two years from the date of the accident.

Failing to file a claim within this time frame can result in losing your right to seek compensation. Being aware of this deadline is crucial for accident victims, as it ensures you have ample time to gather evidence, consult with attorneys, and prepare your case thoroughly.

However, there are exceptions to this rule, such as cases involving minors or government entities. Understanding these exceptions and how they apply to your situation is vital for preserving your legal rights and seeking justice effectively.

The Role of Legal Counsel in Personal Injury Cases

Navigating the complexities of personal injury law in Indiana can be daunting without legal guidance. Hiring an experienced accident attorney is crucial for ensuring your rights are protected and maximizing your compensation. Legal counsel will gather evidence, negotiate a settlement, obtain expert witnesses and represent you in court if necessary.

An experienced attorney understands the intricacies of Indiana’s legal system and can provide valuable insights into documenting a strong case. From assessing the value of your claim to handling communication with insurance companies, having a lawyer by your side will make a significant difference in the outcome of your case.

Furthermore, legal counsel can help you understand your options and make informed decisions throughout the legal process. Whether you’re negotiating a settlement or preparing for trial, having a dedicated advocate on your side can alleviate stress and increase your chances of success.

IN SUMMARY

Understanding personal injury law in Indiana is essential for accident victims seeking justice and compensation. By familiarizing yourself with the types of injuries, the legal process, and the importance of legal counsel, you can confidently navigate this complex landscape. Don’t wait—if you’ve been injured, consider reaching out to a local accident attorney in Indiana to explore your options and protect your rights. Because evidence disappears with time, it is vital to obtain an attorney as soon as possible following an injury.

If you are an injured victim in Indiana, take the next step towards protecting your rights. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, no-obligation consultation with a dedicated Indianapolis personal injury lawyer, today. This is your opportunity to ask questions, understand the legal process, and determine the best course of action for your situation. Remember, time is of the essence!

Does Personal Injury Compensation Cover Mental Health Treatment?

Posted on October 22, 2021 by admin

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

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 concentrate on 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.

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

The 3 Primary Categories of Torts

Posted on May 28, 2021 by admin

Torts are civil wrong-doings, immoral behaviors, failing to use reasonable care and/or actions against civilians. Most often, torts come with consequences, like serious injuries and death. These consequences establish a civilian’s right to file a personal injury claim against a wrongful party and to recover damages from the wrongful party’s insurance carrier, except for intentional crimes.

Torts that result in serious injury or death can be punishable by imprisonment depending on the wrongful act; however, the objective of tort law is to provide for compensation for damages incurred by victims and families of victims. Its additional, and equally important, depending upon the tort, the intent is to prevent similar wrongdoings from occurring in the future.

Continue reading to learn the 3 categories of torts, and what to do if you are an injured victim who was wrongfully hurt in an accident caused by another.

Tort Law

There are several individual capacities of tort law that all depend on the type of injury or accident that harms a person. Types of cases involving torts include motor vehicle accidents, product liability, assault and battery, sexual harassment, drunk driving accidents, wrongful death, slip and falls, head or brain injuries, dog bites, nursing home neglect, motorcycle accidents, and several other types of infliction of emotional or physical trauma.

Most torts can be grouped into at least one of three separate categories: Intentional Torts, Negligent Torts, and Strict Liability Torts.

► Intentional torts are deliberate, premeditated, and purposeful. Assault and battery, sexual misconducts, and nursing home neglect are some examples of intentional tort.

► Negligent tort occurs as a result of carelessness and disregard. Disobeying traffic signals, failing to pay attention while driving, speeding and causing an accident that harms another person are examples of negligent torts.

► Strict liability torts, on the other hand, occur when a particular action causes harm or damage to another person, such as liability for making and selling defective products that are hazardous.

What to Do as an Injured Victim of a Wrongful Accident

Victims of torts can pursue fair compensation for damages incurred as a result of the tort. Exemplary damages include everything from pain and suffering to loss of companionship, and much more, such as lost wages, hospital bills, medical expenses, scarring or disfigurement, funeral expenses, prolonged rehabilitation, permanent disabilities, and much more.

Injured victims can also pursue compensation for damages like diminished quality of life and loss of benefits from a loved one’s death. Tort law is established to protect injured victims that were wrongfully hurt by a negligent party. Negligent parties can include people, companies, individuals, organizations, etc…

If you are a victim of tort or were recently injured in an accident caused by the negligence or misconduct of another party, you may be entitled to compensation for your damages. Contact a licensed personal injury law firm for professional guidance and counsel. It is important to take immediate action following a serious injury before the statute of limitation runs out. An experienced tort lawyer will substantially increase your chances and likelihood of winning your personal injury claim recovering compensation for your damages.

Are you ready to learn about your eligibility for recovering compensation as a survivor of a wrongful accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a seasoned personal injury lawyer in Indianapolis, today. We represent inured persons and the survivors in wrongful death cases throughout the state of Indiana.

You Might Also Read:

Interesting Facts About the History of Tort Law
What are Dignitary Torts?
The Difference Between Intentional and Unintentional Torts

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

Important Personal Injury Legal Terms You Need to Know

Posted on November 24, 2020 by admin

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.

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!

What are Common Damages in a Personal Injury Claim?

Posted on November 3, 2020 by admin

Accidents can happen at any time, and on a wide scope of severity. At times, accidents happen because of a person’s negligence, which can lead to a personal injury claim. Common examples of personal injury cases include motor vehicle collisions, slip and falls, workplace injuries, dog bites, medical malpractice, product defects, and assault.

When someone is seriously injured in an accident due to another’s negligence, they may be entitled to certain compensation for their damages and losses incurred as a result of the accident and subsequent injuries. Damages and losses differ from case to case depending on several factors, such as the extent of injuries, the extent of negligence, and the unique circumstances of the accident.

Continue reading to learn more about common personal injury damages, and how to get started on your accident claim today.

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Common Types of Losses

Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages.” These include economic losses, future economic losses, and non-economic losses. Types of economic losses may include medical expenses, hospital bills, over-the-counter medication costs, prescription costs, lost wages, time off work, childcare expenses, home adaption expenses, fuel costs (to and from doctors’ visits), and similar expenditures.

Types of future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more. Types of non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Medical Expenses

After being seriously injured in an accident, a person will require medical attention; and unfortunately, medical care is not free. Medical bill coverage is a big part of the financial recovery in a personal injury case. Services like ambulance rides, surgeries, doctor’s appointments, physical therapy, medical treatments, medicine, MRI’s, x-rays, CT scans, follow up care, and more, all cost a lot of money, even with health coverage. The total cost of a victim’s medical expenses varies from case to case, and depend largely on the extent and needs of their injuries. For more serious injuries, medical expenses can be ongoing for the remainder of a victim’s life, so future medical costs must be considered in a personal injury claim as well.

Lost Income and Additional Losses

When a person is seriously injured in an accident, they are unable to work, which means they lose out on the wages that generally pay for their cost of living. Rent, mortgages, car payments, electric bills, groceries, and more, are all common bills that must be paid to maintain the quality of life a victim had before the accident. If they are unable to work, they are losing money that usually pays these expenses and more. These types of losses may be recoverable in a personal injury case.

Additional monetary losses that may result from a serious injury include vehicle damages, funeral costs, pain and suffering, loss of companionship, loss of work abilities, long-term emotional trauma, PTSD, and more.

Where to Get Trusted Legal Advice Regarding Your Indianapolis Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are ready to pursue your case and obtain a full and fair settlement for your losses. We offer free initial consultations and represent injured persons throughout the State of Indiana.

FAQS Regarding Personal Injury Settlements

Posted on October 14, 2020 by admin

After being injured in a serious accident that was no fault of their own, the law provides personal injury victims certain relief for their subsequent damages and losses. They can be awarded compensation to cover their hospital and medical bills, pain and suffering, lost wages from missing work, and much more. But personal injury victims typically have a lot of questions about collecting compensation from a negligent party’s insurance company.

Continue below to review some of the most frequently asked questions personal injury lawyers get from their current and prospective clients about accident claim settlements, and perhaps get the answers you are looking for today, including where you can get more answers to your personal injury claim questions at the bottom of this blog.

Will My Settlement Be Impacted if I am Partly to Blame for My Accident?

When an individual is seriously hurt in an accident, it is necessary to determine who was at fault for the incident. This process of determination is called comparative fault analysis, and it is widely used as a standard in tort cases. The jury gives this report to the judge at the closing of a personal injury trial. Comparative fault analysis simply describes the standard formula used to identify the negligent party involved in a serious accident, however, there are numerous details that go into making these distinctions. Fundamentally, if a victim or plaintiff is 50% (or less) at-fault in the case as compared to all fault against all defendants, then they are most likely entitled to basic compensation. In Indiana, a plaintiff cannot have 51% fault or greater and be awarded compensation.

Where Can I Find Answers to My Personal Injury Questions?

If you have questions about personal injury compensation, it is vital to discuss your claim with a team of licensed Indianapolis Indiana accident attorneys. They can give you personalized recommendations for your case, and document an impactful claim to recover the full and fair compensation you deserve. As soon as you receive medical attention for your injuries, your next step should be to contact a personal injury law firm for help with your accident claim.

How Much Does an Accident Lawyer Charge?

Contingency fees are the most common form of billing practice used by personal injury law firms and attorneys. This payment arrangement works by not charging clients any retainers or upfront lawyer fees, but collecting a percentage of whatever monetary settlement they recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

How Does a Court Assess an Injured Victim’s Damages and Losses?

Under tort law, when a person is a victim of a civil wrong-doing, a court may award damages to compensate them for their injuries and losses. Assessing the amount of damages is often a difficult and complex process since so many variables influence the final determination. A court/jury must consider the losses or injuries of a victim’s person, property, and overall quality of life. Courts take this responsibility seriously since the law intends to help victims of personal injury get back to the condition and state of life they were in before their accident and if that is not possible, to compensate for the permanent injuries. It requires evidence on behalf of the victim to recover the full and fair amount of compensation for the total amount of damages and losses. Evidence includes medical records, police reports, expense records, witness statements, interviews, doctor depositions and much more.

What Does Personal Injury Compensation Cover?

Economic losses, non-economic losses, and future economic losses are the types of damages meant to be covered by personal injury compensation. Economic losses may include all or a combination of medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, childcare expenses, home adaption expenses, and fuel costs (to and from doctors’ visits). Future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future lost wages, future prescription costs, and future hospital costs. Non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PTSD, loss of social life, loss of work abilities, loss of companionship, and loss of education experience.

How Long Does it Take to Get My Compensation?

From start to finish, a personal injury case can take anywhere from one year to five years or more, depending on the complexity of the case and how long the injured party needs medical care. You can expect it, in most cases, to take at least one year before a case is settled. There are countless variables that affect the time frame of a personal injury claim and receiving awarded compensation. Again, talk to your attorney to get a better idea of how long your particular case is predicted to take. In some cases, a settlement can and does occur within 1 year though.

Personal Injury Attorneys in Indianapolis, Indiana Who You Can Trust

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about your rights to pursue legal action after being seriously injured in a wrongful personal injury accident in Indianapolis, Indiana. Attorneys Daniel Craven, Keith Blazek, and Ralph Hoover are highly experienced accident lawyers who will obtain the full and fair compensation you rightfully deserve for your damages and losses. Not only do we offer free initial consultations, in-person or over the phone, we also work in contingency, which means we never collect attorney fees unless we recover a settlement or verdict for you. Contact us today at 317-881-2700 to set up your free case evaluation with a seasoned Indianapolis accident attorney. We represent injured persons throughout the State of Indiana.

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.

Interesting Facts About the History of Tort Law

Posted on May 24, 2019 by admin

Torts are civil wrong-doings, or immoral behaviors and actions against people. The law identifies a tort as immoral, and approves it as grounds for a lawsuit. Most often, torts come with severe consequences, like serious injuries and death; consequences that can establish a victim’s right to make a personal injury claim against the at-fault party.

Tort law is one to appreciate since it protects us and our loved ones from wrongful offenses. Take a look below to learn some of the most interesting facts about the history of tort law in our country to gain a deeper appreciation for our national judicial system.

Tort Law

Tort law was established to serve 4 particular objectives: 1) to compensate victims for the injuries they’ve suffered as a result of another’s actions or inactions; 2) to transfer the cost of related damages and losses to the culpable party, such as hospital bills, medical expenses, lost wages, pain and suffering, and more; 3) to set an example and prevent harmful, reckless, and negligent behaviors in the future; and 4) to justify the legal rights and welfares of the victim that were compromised, diminished, or made powerless.

History Facts

The term, “tort” is derived from the Latin word, “torquere”, which translates to “twisted” or “wrong.” Centuries ago, the British legal system did not recognize torts as a means of separate legal action. Instead, English Common Law provided victims of tort with two primary methods of recompense, which were trespass for direct injuries, and actions “on the case” for indirect injuries. In fact, tort law originated with the action of trespass.

Eventually, over the course of several years, the British legal system acquired other types of civil actions, including defamation actions like slander and libel. See our blog, “The Legal Concepts Surrounding Libel, Slander, and Defamation of Character” to understand the difference between these two types of civil actions. By the 18th century, most American colonies began to adopt England’s common law system. And at the start of the 19th century, the first U.S. legal treatises were published. Within these treatises, a portion of the British common law were created under the heading of torts.

Tort Law Today

Tort law has monumentally progressed over the last two centuries, recognizing virtually all civil wrong-doings under law. In today’s judicial system, tort law protects people, businesses, employees, the environment, and much more. Common categories of tort law today include both intentional and non-intentional torts, such as defamation of character, workers’ compensation, wrongful death, premise liability, product defects, medical malpractice, and general personal injuries. If you were recently injured in an accident or suffered harm to your reputation, all at not fault of your own, you may be eligible to collect compensation for your subsequent losses and damages.

Contact a Personal Injury Law Firm Today

If you believe you or your loved one is a victim of a personal injury in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our seasoned Indianapolis personal injury lawyers can 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. Schedule your free meeting, today.

Indiana is a Tort State in Terms of Auto Accidents and Insurance Coverages

Posted on June 15, 2015 by admin

Car Accident Attorneys 317-881-2700

Many states are “no-fault” states, meaning drivers that are involved in auto accidents use their own insurance coverage to pay for their damages and losses, no matter who is at-fault for the collision. But Indiana is NOT one of those states. Hoosiers live in a “fault” state, or tort-system state, meaning someone has to be found “at-fault” for the accident. In fact, Indiana uses comparative fault law to determine exactly who is at fault for an accident, and to what degree.

Continue reading to learn more about Indiana’s tort system in regards to auto accidents and insurance policies.

Indiana’s Tort System

In Indiana, they use a tort system that determines who is at fault for a motor vehicle accident. And when a person is assigned fault for an auto accident, it is their insurance company that pays for their damages and the damages of the injured parties, up to their particular policy limits. There are state limits to the amount of insurance a driver must obtain to legally operate a vehicle. In Indiana, the state minimum for auto insurance is 25/50/10. Below is a chart to understand what this numeric value means.

$25,000 Limit for Bodily Injury Liability (per injured person)

$50,000 Limit for Bodily Injury Liability (per accident)

$10,000 Limit for Property Damage Coverage

These values are the state minimum for legal driving in Indiana. If a driver does not have this coverage they are operating their vehicle illegally, and if caught, can face state fines, property revocations, and possible misdemeanor charges.

Comparative Fault

Car Accident Lawyers 317-881-2700

Indiana handles automobile accident cases in agreement with the Comparative Fault Act. This means fault is allocated among all involved parties. Parties include the plaintiff (injured driver), the defendant (the accused at-fault driver), and possible “non-party” entities. A non-party entity is a person or company that could be assigned a portion of fault for the accident, but for strategic reasons, was not sued by the plaintiff.

In the case of a motor vehicle accident lawsuit, all parties are identified and then assigned fault. So long as the plaintiff is assigned 50% or less of the fault, they can collect remuneration for their damages. If they are found to be more than 50% at fault, they get nothing. For example: A person is assigned 25% fault, while the defendant is found to be at 75% fault. If the courts award the plaintiff $100,000 for their damages, the plaintiff will only take 75% of that amount since they were apportioned 25% of the fault for the accident. Had the plaintiff been apportioned 51% or more of the fault, they would be compensated nothing.

Additional Insurance Coverage

In the no-fault states, drivers are required to have PIP coverage or MedPay coverage; insurance policies that cover the medical expenses of a driver and their passengers injured in an auto accident. Since Indiana is a tort state, so drivers are not required to purchase this type of additional insurance coverage. However, they do have the option and they come highly recommended. Indiana drivers can purchase PIP (personal injury protection) coverage or medical payments coverage (MedPay) if they choose. Hoosiers can also purchase a personal umbrella policy (PUP) that pays for any damages outside of their auto or homeowners’ policies. Be sure to check back next week for an in-depth discussion about PIP and PUP insurance.

Indianapolis Auto Accident Attorneys

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 after being injured in an auto accident in Indianapolis, Indiana. Indianapolis auto accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek will recover the full and fair compensation you deserve after sustaining a serious injury resulting from a car accident that was not your fault. We offer free initial consultations to discuss your claim, and never charge lawyer fees unless we recover compensation for your losses. Call 317-881-2700 to file a car accident injury claim in Indianapolis, IN today.