Top Causes of Motor Vehicle Accidents in Indiana

Posted on March 15, 2019 by admin

Motor vehicle accidents are all too common throughout the country, and happen for a large number of reasons. Sometimes, nature interferes and there is not much drivers can do to protect themselves from an accident or collision. But mostly, car accidents occur as a result of some degree of carelessness, whether at the fault of the driver, or someone else. According to the Association for Safe International Road Travel (ASIRT), nearly 1.25 million people are killed in road crashes every year, which averages out to 3,287 deaths per day, and an additional 20 to 50 million are seriously injured or disabled.

Annual Car Accident Statistics

Here in Indiana, the statistics for annual car accidents are not much different. According to statistics gathered by the U.S. Department of Transportation (USDOT) and National Highway Traffic Safety Administration (NHTSA), the total number of motor vehicle accidents have increased by 10% since 2005, with a 44% increase in motorcycle accidents.

What can we do to reduce the number of road crashes in our state? To start, we can commit to safer driving habits, and increase our awareness on the road for other reckless drivers. Continue reading to learn what the Indiana Criminal Justice Institute (ICJI) says are the top causes for motor vehicle accidents in Indiana, as well as, what to do if you are negligently injured by a careless driver.

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Top Causes of Car Accidents Include,
but are not limited to:

Impaired Driving – Driving under the influence of alcohol, drugs, or a controlled substance is considered impaired driving under Indiana state law. According to the NHTSA’s Fatality Analysis Reporting System (FARS), 22% of all traffic-related fatalities were caused by impaired drivers.

Reckless Driving – Reckless driving is a common cause for motor vehicle accidents, and includes any form of driving that is dangerous or irresponsible. The most common examples of reckless driving that has led to car accidents in Indiana are speeding, failing to yield, tailgating, unsafe passing, changing lanes without looking, ignoring road signs, and driving the wrong way on a one-way road.

Distracted Driving – Distracted driving causes several car accidents each year in Indiana. The Traffic Safety Division reports that recently, nearly 500 traffic accidents were caused by cell phone distractions. Examples that cause accidents include texting, eating, reaching for kids or items in the back seat, reading, cell phone talking, and pets.

Fatigued Driving – Fatigued and drowsy driving are similar to both distracted driving and impaired driving since it takes a driver’s focus away from the road. According to the Traffic Safety Division, fatigued driving recently caused over 1,600 accidents.

Backing Up – Unsafely backing up is another common cause for serious car accidents, especially among pedestrians and children. Although newer model vehicles have technologies such as cameras and alarms, which help drivers see behind them, these accidents can still occur when drivers do not use the proper precautions when reversing their vehicles.

Additional Causes:

➝ Automobile Manufacturer Defects

➝ Pedestrian Negligence

➝ Defective Stoplights

➝ Unsafe Road Conditions

➝ Missing or Obstructed Road Signs

Recover Compensation After a Car Accident Injury

Indianapolis Personal Injury Lawyers 317-881-2700

If you were injured in a car accident as a result of another’s careless, please contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free initial consultation with a licensed car accident attorney who can help. You may be entitled to compensation for your related losses and damages, such as medical expenses, hospital bills, lost wages from work, pain and suffering, and much more. We never collect lawyer fees unless we recover a settlement for you. Get started today by scheduling your free consultation.

Frequently Asked Questions About Medical Malpractice Claims

Posted on March 13, 2019 by admin

Medical malpractice claims are one of the most complex. Before you begin the process of pursuing a medical malpractice claim, it is important to obtain a general understanding of the Indiana state laws surrounding medical malpractice, liability, and related content. The best place to start is by contacting an experienced Indiana personal injury law firm that can provide trusted legal counseling for your unique medical malpractice case.

In the intervening time, continue reading to review some frequently asked questions and answers about medical malpractice claims.

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🏥 Do I Have a Medical Malpractice Case?

This is by far one of the most common questions asked by those who feel victimized by a hospital or medical community. As mentioned, medical malpractice cases are highly complex, and furthermore, differ in great detail among victims. In order to understand the strength of your case, you will need to consult with a licensed medical malpractice attorney who can provide a professional case evaluation. Most law firms do not charge a fee for initial consultations.

🏥 How Long Does a Medical Malpractice Case Take?

The complexity of medical malpractice claims, combined with the infinite details and circumstances of each individual case, make it difficult to predict an exact time line. On average, most claims are settled or resolved with 6 months to a year; however, they can also take several years or more depending on the opposing parties and various other factors.

🏥 How Much Does a Medical Malpractice Attorney Charge?

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. Most personal injury law firms use a contingency-fee business model. A contingent payment arrangement works by not charging clients any retainers or upfront lawyer fees, but later collecting a percentage of the settlement recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

🏥 What is the Indiana Statute of Limitations for Medical Malpractice Claims?

In Indiana, a victim has two years from the date the healthcare provider committed an act of negligence that led to injuries to a patient. Statute of limitations for medical malpractice claims do not start when the malpractice is discovered, but in some rare cases, it can. Talk to your personal injury attorney for details regarding when you can make a medical malpractice claim.

🏥 Is Nursing Home Abuse Medical Malpractice?

Nursing home abuse cases are separate from medical malpractice cases, except in the case that the resident was receiving medical care in addition to standard nursing home care. See our blog, “FAQS Regarding Nursing Home Abuse and Neglect” to learn some information about such cases.

🏥 How Do I Win My Medical Malpractice Case?

There are numerous factors that contribute to the success or failure of a medical malpractice case. Such factors include the experience and proficiency of your legal team, the extent of your injuries and damages, and the strength of evidence you have against the opposing parties that proves their negligence. The stronger the evidence of negligence, the stronger the chances of winning a settlement. Your first step to getting off on the right track with making a medical malpractice claim is to contact a seasoned and reputable Indianapolis medical malpractice lawyer who you can trust for professional legal guidance.

Indianapolis Medical Malpractice Lawyers

If you believe you or your loved one is a victim of medical malpractice in Indiana, contact the legal office of Craven Blazek Law at 317-881-2700 to schedule a free initial consultation. Our Indianapolis medical malpractice lawyers are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.

Does the Law Protect Kids From Negligent Accidents?

Posted on March 11, 2019 by admin

When it comes to our children, there is no greater importance or priority than their safety. As parents and guardians, the well-being of our children is something that is always at the top of our minds; but can the same be said about the law? Does the law protect injured children in any way? And if so, how?

Continue reading to learn some important information about the legal rights of injured children, and what to do if your child was negligently hurt in an accident.

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Legal Rights of Injured Children

Kids are hurt every single day; it is a part of growing up and learning; learning to not touch a hot iron because it will burn, or learning to wear their knee pads when rollerblading to avoid skinned or scabbed knees. However, when kids are injured as a result of another person or entity’s carelessness, it is an entirely different scenario.

Dog bites, motor vehicle accidents, pedestrian accidents, medical malpractice, prescription drug errors, medical misdiagnoses, swimming pool accidents, and negligent supervision are all common scenarios of negligent children accidents and fatalities. When a negligent accident causes harm or death to a child, the guardians and parents need to know their legal options and rights.

Personal Injury Claims for Children

In each and every situation that a child is injured negligently, there must be proof that someone or something acted carelessly, causing the accident and subsequent injury. If a legal representative, or personal injury lawyer, can establish this evidence or proof, the family of the minor and the minor may be legally entitled to compensation for their child’s injuries and damages.

Compensation is meant to cover past, present, and future medical expenses, hospital bills, prolonged rehabilitation, wrongful death, pain, suffering, mental anguish, trauma, and much more. If the minor was old enough to be employed, they are entitled to compensation to cover lost wages from work as well. If the child is too young to be employed, the parents or guardians are entitled to lost wages reimbursement and more.

Wrongful Death Cases

When a child is taken due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating lawsuits, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed Indiana child injury lawyer for professional legal advice.

How to Make an Injury Claim for a Child in Indiana

If your child was recently injured in an accident, contact the legal office of Craven Blazek Law at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Our seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience, and can help you recover compensation for your damages and losses. Schedule a free
consultation, today.

What to Bring to a Personal Injury Consultation

Posted on March 8, 2019 by admin

As your initial personal injury consultation approaches, it is wise to begin preparing. Although the majority of the responsibility regarding your claim lies in the hands of your trusted law firm, there are certain duties of your own that must come first in order to get your case started on a strong track. Part of this duty is to be prepared for your initial appointment by bring in documents, evidence, questions, and more.

Continue reading to learn what you should have ready to bring with you to your initial personal injury consultation.

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Most personal injury law firms offer the first consultation for free to openly discuss your accident and related losses, determine how strong of a case you have, and similar preliminary topics. For this meeting, you, whether the actual accident victim or relative/spouse, will need to have certain items on hand. If you cannot come by these items or documents, there is no need to worry; you can still have an effective consultation so long as you have chosen a reputable and skilled Indiana personal injury law firm to represent your case.

Here are some items and information you should have ready:

✏ Medical Assistance Information – Admission and discharge papers, etc.

✏Medical Contact Information – names and phone numbers/addresses of all medical providers, ie. ambulance, emergency room, primary care physician, specialists.

✏ Medical Bills – Hospital stay, medications, treatments, tests, surgeries, physical therapy, etc.

✏ Missed Work Dates Due to Injury and Recovery – Including one month of pay stubs prior to accident date if available.

✏ Witness Contact Information-phone number, name, address…

✏ Insurance Adjuster’s Contact Information – name, address, phone number, claim number…

✏ Insurance Policy Documents – Car (if an automobile collision) and medical (health insurance information for the injured party)

✏ Copy of the Police Report – (if available)

✏ Tangible Evidence (for injuries and opposing party’s vehicle if applicable) – Photos of vehicles, scene and injured party, videos and objects from the scene.

What To Do Now

Once the lawyer evaluates the list of documents and evidence you’ve provided, they will determine whether or not your case is strong enough to proceed to the next step in the personal injury litigation process. See our blog, “How to Set Your Personal Injury Claim into Motion” to learn what to expect from the initial claims process. After being injured in an accident, it is understandable that coming by a large amount of evidence, paperwork, and more, can be overwhelming.

If you are having trouble collecting such documents, your personal injury lawyer can help and do not worry. Some evidence and information can be obtained at a later date and from other various sources.

Indianapolis Personal Injury Lawyers

Contact the legal office of Craven Blazek Law at 317-881-2700 for help with your Indianapolis personal injury claim. We are seasoned accident attorneys who represent a wide range of injured victims, including those hurt in car accidents, workplace accidents, slip and fall accidents, and much more. Request a free consultation, today.

Construction Site Accidents and Injury Claims

Posted on March 4, 2019 by admin

Usually when you think of someone getting hurt at a construction site, you automatically assume it is a worker. Although most construction site accidents do involve injuries to workers and we typically represent injured workers, there are still many cases of non-workers becoming construction site accident victims, whether they just passed by at the wrong time, or fell victim to a neglected hazard.

If you are an injured victim of a construction accident, continue reading to learn some important information that could be relevant to your case.

Construction Site Accident Lawyers 317-881-2700

Situations like these tend to happen more often in cities where construction site management teams have difficulty separating their building projects from the general public. Regardless of this challenge, builders and contractors still have the responsibility to protect regular citizens/non-workers from harm and danger.

Guarding public safety always plays a major role in any company’s construction safety management plan. In fact, cities and towns require builders to adhere to rules and regulations governing the protection of the general public. Some local regulations obligate construction managers to appoint a safety manager on-site to be sure nothing is overlooked. Part of a construction site safety plan must implement certain preventative measures to create well-defined boundaries, including fencing and gates to block non-permitted individuals, as well as, DO NOT ENTER signs, warning signs, and more.

Common Construction Site Hazards and Accidents

There are many things that can go wrong on a construction site. Aside from all the dangerous machinery, tools, and materials used to complete a project, coupled with risky work locations, there is also human error and negligence to consider. Some of the most common types of construction site accidents involve falling objects, machinery defects, slip and falls, and traffic accidents.

☑ Falling Objects – Falling objects can severely injure and even kill a person. Whether from a short or long height, falling objects can be equally detrimental. To prevent falling object accidents, construction site management should have sidewalk sheds cover walkways, as well as, netting to catch any potential falling debris or objects.

☑ Falling in Holes – Holes are a common cause of accidents on construction sites. People, both workers and regular citizens/non-workers, have literally fallen victim to unmarked or unguarded holes, trenches, and other deep cavities dug into the ground.

☑ Traffic Accidents – Not only can workers and pedestrians be harmed by such equipment, drivers can too. When construction zones are not sufficiently policed or marked or clearly defined to the general public, it can lead to drivers veering onto a construction site and in harm’s way, or worse.

Construction Site Accident Claims

If you were hurt in a construction site accident in Indiana, whether as an ordinary citizen or a worker, contact the legal office of Craven Blazek Law at 317-881-2700 to learn how to obtain compensation for your injuries and damages. Our seasoned personal injury lawyers can obtain a full and fair settlement to cover your medical expenses, hospital bills, lost work wages, pain, suffering, and more. We offer free initial consultations, so there is no obligation to simply discuss your potential claim. Best of all, we work on contingency, which means you pay nothing unless we recover a settlement for you!

Important Social Media Advice for Injury Victims

Posted on March 1, 2019 by admin

As an injured victim involved in a pending personal injury claim, your social media choices can directly affect the outcome of your case. It is strongly advised to discuss social media “do’s and don’ts” with a seasoned accident attorney who can give you proper guidance on how to conduct yourself on popular sites like Facebook, Twitter, Instagram, and more, without compromising your rights to compensation.

Continue reading for some brief advice on this topic, as well as, who to call for trusted personal injury representation and counsel after being hurt in an accident.

Social media is a very popular and common hobby for many people all across the world. Such sites allow you to put personal information online, including your photos, your history, your residence, your location, and more. Although social media is fun and makes it easy to communicate with those in your life, it can also be quite risky. This is especially true for anyone involved in a pending legal case or lawsuit.

Social media posts can now sometimes be permitted to be used as evidence in legal cases since they are accounts and paper trails of part of a person’s life. For instance, if a person is being charged with a crime but insists they have an alibi, they could use a social media posting or photo to prove they were in fact, not at the scene of the crime they are suspected of committing.

However, in the case of a personal injury claims, it usually has the opposite effect; rather than showing a person of interest was somewhere else when the alleged crime was committed, it can actually provide the defense something to pick up on and argue against the injured victim. For example, if you say you have back pain after a car accident, but then post a video of you on Instagram standing up for an hour at your daughter’s softball game, it could be used against you in personal injury negotiations. The defense would argue how hurt were you really if you could do that. However, most parents are willing to endure some pain to not miss something important to their daughter and since most people do not post videos of themselves hurting or in pain, there won’t be a video or photos taken of how you were feeling after that hour on your feet.

Here is What You SHOULD NOT Do on Social Media as an Injured Victim:

First and foremost, the best advice is to refrain from all social media activity throughout the duration of your case. This even includes writing online reviews on Google, Yelp, Angie’s List, Ebay, and more. For example, you wouldn’t want to review a new gym or pair of high heeled shoes after being injured in an accident because again, that could be twisted into an argument by a defense attorney. If you must take part in social media, here is what you should never do:

Do not post information about your accident or incident. This includes descriptions, photos, videos, articles, and even comments.

Do not post anything that arguably implies your injuries are less serious than you claimed. Comments and photos can be taken out of context and used to argue that you are not seriously injured or entitled to a full settlement.

Do not make any comments. Defense attorneys will use any comments you make and try to twist the meaning of the comments. Even making a claim that you were tired or sore from the gym would be used against you, even though that is normal and even if what you left out of the comment was that you could not do your full workout routine because of your injuries.

Do not make insulting comments or complaints about anyone or any company involved in the case, including the insurance companies, adjusters, opposing parties, attorneys, cities, and more. There is nothing to be gained be venting your frustrations with how the opposing side is not just simply doing the fair and honorable thing.

Do not accept new friend requests from strangers. It could be an insurance investigator, even disguised as someone else, with the intention of obtaining information that could arguably be used against you.

Who to Talk to About Your Accident Claim

Contact the legal office of Craven Blazek Law at 317-881-2700 if you were negligently injured in Indiana. Our seasoned Indianapolis accident attorneys are well-versed in various areas of tort law and can help you obtain the full settlement you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to get started, today.

How to Make a Slip and Fall Injury Claim in Indiana

Posted on February 19, 2019 by admin

The primary priorities to making any personal injury claim is to seek medical attention, gather and protect your evidence, hire an experienced personal injury attorney, and take the correct legal actions, all from the moments your accident occurs. When it comes to slip, trip, and fall claims, these priorities are no different.

Continue reading to learn how you should manage and navigate a slip and fall injury and accident claim in Indiana.

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, Trip and Fall Accidents

The first few actions (or non-actions) made by a slip and fall victim can mean all the difference in terms of establishing fault and liability. It is important to take the right legal actions from the very moments a slip and fall accident takes place in order to protect your claim and ultimately win your settlement for compensation. Below, you will find some information and advice regarding what a slip and fall victim (or claimant representing a victim) should do to move forward with a personal injury claim.

► Immediately Report the Incident

The first step after slipping and falling on public or private property is to notify the owners or persons in charge. For commercial properties, such as retail stores or restaurants, ask for the highest ranking person on duty and report the accident. Just be brief by simply stating where you fell, which obstruction caused the fall (torn carpet, uneven floorboard, wire or cord, puddle, ice, poor lighting, etc.), and where you are hurting. For public grounds, like parks and city streets, notify the town or city the same day, both by phone call and written notification. If the injury is too severe, notify the city or town as soon as your health permits. This is especially important for accidents that take place without any witnesses.

IMPORTANT: If your slip and fall injuries are severe and require emergency medical attention, make this step the first priority. Once stable, you can move forward with the remainder of the accident claim process. You can also appoint a spouse, relative, or friend to help you report the incident and gather evidence.

► Ask for Witness Information

The next step in moving forward with a personal injury claim, which may need to be carried out by a trusted friend or family member depending on the severity of your injury, is to get all the contact information from anyone that may have witnessed the accident. Be sure to record their full names, phone numbers, and email addresses. If they are willing to give additional contact information, take that as well. Keep in mind that witness testimony plays a major role in winning a personal injury settlement.

► Gather Evidence

Your next step is to take and gather photos and video recordings. Again, this might have to be done by a friend or family member depending on the severity of your injuries. Photos and video (if possible) should be taken as soon as possible after the accident. All footage should be taken at multiple angles, and should capture the hazardous environment or obstruction, the condition of the victim, the victim’s injury and the condition of the injury in the days following the accident.

All these photos and videos must be done BEFORE any changes to the environment occur or any evidence is lost (i.e. melting snow or ice, missing lightbulb, puddle, spilled food, etc.). The more evidence you have, the stronger your chances are for obtaining a full and fair settlement to cover your damages. Ask whoever is in charge to retain any video surveillance of the fall and if you can do the request in writing, do so. Normally, you should request the person to retain any video surveillance for the entire day of your fall.

► Seek Medical Care

A person should seek medical treatment the same day, or as soon as they are experiencing pain or complications from the accident. Sometimes injuries are not present right away, and tend to show up days or weeks following the accident. This is common for neck and back injuries. Insurance companies will argue that a person wasn’t seriously injured enough to receive compensation if they didn’t require immediate professional medical care. Medical treatment is evidence that a slip and fall victim is injured and the doctor’s diagnosis and victim’s medical records are evidence for a case.

► Hire a Slip and Fall Lawyer

Before talking to any insurance companies or adjusters, it is vital to hire a personal injury lawyer first. It is crucial to have an experienced slip and fall lawyer on your side during the entire personal injury claims process.

Indiana Slip and Fall Lawyers You Can Trust

Get started on your slip and fall claim by calling the legal office of Craven Blazek Law at 317-881-2700 in Indianapolis, Indiana. Although based out of Indy, our law firm represents victims throughout the state, as well as, out-of-state victims who are injured in Indiana. We offer free initial consultations to discuss your claim, and never require any upfront lawyer fees. Call 317-881-2700 to schedule your consultation, today.

Questions and Answers About Personal Injury Negotiations

Posted on February 15, 2019 by admin

If you are entering into a personal injury claim, it is wise to educate yourself on the developments and procedures that are to be expected. One important matter to better understand for your personal injury case is the process of negotiations and settlements. After all, this is the part that affects you the most in terms of financial recovery or restitution.

Continue below to review some common questions and answers regarding this topic, as well as, where to get started learning more about your personal injury claim.

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What is the Purpose of Personal Injury Negotiations?

Personal injury negotiations are meant to provide injured victims with the opportunity to demand the full and fair compensation from their accident and subsequent injuries. The process is sadly sometimes similar to haggling over the price of a commodity at your local city market; the seller knows how much they are willing to sell it for, and the buyer knows how much they are willing to spend on it, but neither party knows the other party’s limits, so a bargaining process commences. In the case of a personal injury claim, the injured victim and the insurance adjuster will go back and forth until they agree on a fair settlement. What one side believes is fair usually does not match what the other side believes is fair.

What is a Demand Letter?

An accident victim may need to take action in order to receive compensation for their damages by developing a letter of demand to the at-fault party’s insurance carrier. Basically, a demand letter is a formally written memo that becomes the catalyst for negotiating full and fair compensation for an accident. They can be highly complex, so retaining an experienced Indiana personal injury lawyer to write a demand letter is strongly advised.

What are the General Steps to the Negotiation Process?

The process of personal injury negotiations between claimant/attorney and adjuster often begins with the claimant’s attorney sending in a demand letter with the requested amount of compensation. As a response, the insurance adjuster usually tries to find problems or gaps in the claim, and possibly even question liability or deny benefits altogether. From there, the claimant will respond to the adjuster’s arguments. Then the adjuster might offer a low-ball settlement to see how eager the claimant is to settle. The claimant may respond by slightly conceding from their original demand, but still demanding a fair settlement. From there, the adjuster might deliver another offer that is higher than their previous one. At this point, the claimant can either accept the offer or make a counter-demand.

Of course, this is just a generalized example of the negotiations process; there is much more to the strategy of dealing with insurance adjuster ploys to get claimants to settle fast and low. For these reasons and more, you must have a personal injury lawyer on your case, managing the negotiations process for you.

When Do Personal Injury Negotiations Begin?

Shortly after an insurance adjust receives a demand letter, the process of negotiations will begin. Claimants usually get a phone call within 7 to 14 days, but this can vary depending on the traffic of the office, the adjuster’s schedule, and how much investigation the adjuster chooses to do. The entire process from start to finish can take anywhere from a few weeks to a few years, depending on the circumstances of the case. Talk to a licensed personal injury attorney to learn how long your claim might take.

What is a Reservation of Rights Letter?

After a claimant sends in a demand letter, it is fairly common for them to receive a Reservations of Rights letter from the insurance company. This letter is meant to inform the claimant that the company has begun investigating the claim, but at the same time, reserving the right to not pay the claimant anything at all if the investigations reveal that the accident is not covered under the policy. See our blog, “What is a Reservations of Rights Letter?” to learn more.

How to Make a Personal Injury Claim in Indiana

Call the legal office of Craven Blazek Law at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, can help you recover the full and fair compensation you deserve after being seriously injured in an accident. Call 317-881-2700 to get started today.

The Basics of Personal Injury Fault and Negligence

Posted on February 11, 2019 by admin

After being involved in an accident, the first step to submitting a claim for compensation is determining the liable party or parties. The party that is deemed “at fault” for the accident is the party responsible for covering the subsequent damages and losses suffered by any victims. This can be a person, a group of people, a company, a manufacturer, or other entity. Establishing liability in a personal injury case will revolve around a common legal concept known as negligence. If negligence is proven, fault can be assigned.

Continue reading to learn the basics of fault and negligence in personal injury cases.

Fault

“Fault” is a personal injury term that means “legal liability”, which refers to the legal responsibility for one’s acts or omissions. If a victim in injured in an accident that was no fault of their own, they can bring about a claim for compensation against the party who was responsible for causing the accident and subsequent damages. If the victim’s claim is successful, the settlement is paid for by the at-fault party or their insurance carrier. Even if a victim injured in an accident was partially at fault, they still can recover damages.

In order for a personal injury claim to be successful, the plaintiff party must prove that the at-fault party is in fact, at fault; and to determine who is at fault for an accident, negligence must be established. Whoever was negligent and caused the accident will be responsible for paying the settlement, whether through a personal injury lawsuit or insurance settlement. See our blog, “Can I Settle a Personal Injury Claim if I Cannot Prove Fault?” for further information about this topic.

Negligence

If an accident victim chooses to make a personal injury claim against another party, they hold the burden of proving that party’s negligence. There are four primary elements of negligence that must be demonstrated in order to establish liability. These four elements include duty of care, breach of duty, causation, and damages. See our blog, “The 4 Elements of Negligence in a Personal Injury Case” to learn more about each. Additional legal theories of liability include establishing intentional conduct, strict liability, or negligence per se.

Where to Get Trusted Personal Injury Advice

Call The legal office of Craven Blazek Law at 317-881-2700 for professional assistance with your personal injury claim in Indiana. Our esteemed and seasoned Indianapolis accident attorneys are ready, willing and able to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. Contact us to get started in your financial recovery, today.

Who is Responsible for a Defective Product that Causes Injury to a Consumer?

Posted on February 8, 2019 by admin

Defective product litigation is an area of the law that represents victims that have been seriously injured or killed as a result of damaged, malfunctioning, recalled and unreasonably dangerous products. There are several types of product liability lawsuits that arise every day, from children’s toys and playground sets, to exercise equipment, electronic devices, apparel, and more. When it comes to asking the question of liability, manufacturing companies are generally the ones accountable for a dangerous product injuries or wrongful death, so long as all the factors and evidence are in place to prove the case.

Continue reading to learn more about defective product liability and litigation, and who to call if you or a loved one was recently injured by a hazardous product.

Indianapolis Product Liability Lawyers 317-881-2700

Defective Product Cases

Accidents that happen as a result of a defective product are often caused by faulty operation or dangerous parts. This means that any product can be defective and potentially dangerous, such as crayons, bicycles, toys, electronics, hair dryers, and even food. Burns, head injuries, eye injuries, impalement, orthopedic injuries, disfigurement, scarring, blindness, and even death, are common injuries associated with cases of dangerous or poorly manufactured products.

In most cases, lawsuits that are filed against manufacturers involve failure to warn, design flaws, improper safety devices, manufacturing faults, recalled products, and also marketing flaws. Failure to warn describes a circumstance in which a manufacturer fails to properly inform consumers of safety hazards and other potential hazards, or fails to reveal product information that could have prevented an accident from happening in the first place. In addition to physical and mental repercussions, many product liability claims involve property damages as well.

Manufacturer Strict Liability

In almost all cases, a dangerous or faulty product is the manufacturer’s responsibility. This falls under an area of law called “strict liability” and holds a seller or manufacturer of a product responsible for consumer injuries. If a victim injuries themselves as a result of their own carelessness or negligence, or uses the product inappropriately, the manufacturer may not be responsible and the victim may be held accountable for their own damages. If you are unsure whether or not the manufacturer of the defective product that caused you or a loved one harm is responsible, contact a personal injury lawyer to discuss your accident.

Making a Defective Product Claim

Personal injury law firms generally offer free initial consultations to people who believe they are victims of a negligent accident. They use this consultation to assess a victim’s case, and determine if they are eligible for compensation. With this setup, a victim does not have to waste money in order to validate their case.

If a personal injury firm identifies a case as negligent, and believes the victim has a solid claim, they will almost always represent their client for free, and only collect legal fees if they win their case and recover full and fair compensation. Once retained, your personal injury legal team will evaluate the physical and mental damages sustained from a defective product, and use this information to document a case against the accountable manufacturer.

The legal office of Craven Blazek Law

Contact the legal office of Craven Blazek Law at 317-881-2700 to discuss your defective product injuries and learn the best course of action for your claim. Our seasoned Indianapolis product liability lawyers can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you.