What are Damage Caps in a Personal Injury Case?

In each state, there are specific statutes that govern the limits of compensation that may be awarded for damages in a personal injury claim. Continue reading to learn more about personal injury damages, including facts about damage caps and similar limitations on personal injury recompense.

Personal Injury Settlement Lawyer Indiana 317-636-7497
Personal Injury Settlement Lawyer Indiana 317-636-7497

Compensation Limitations for Personal Injury Claims

State laws and various other legal principles have the ability to restrict the amount of money that can be awarded for damages in a personal injury case. These statutes vary from state to state and depend on a wide range of factors. Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages”, which include economic losses, future economic losses, and non-economic losses. See our blog, “A Brief Explanation of Compensatory, Nominal, and Punitive Damages” to learn more about these types of personal injury damages.

Economic losses may include medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, time off work, childcare expenses, home maintenance 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. 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.

Non-Economic Damage Caps

Generally, state statutes set limits on the amount of money that can be awarded for damages in a personal injury case. These limits are known as “damage caps”, and they differ depending on the state in which the accident took place, type of injury, the scope of loss, and several other relevant factors.

Since economic damages are more concrete, there are not usually compensation limits set by the state. However, non-economic damages and punitive damages are more subjective in terms of evaluation, which is why most states integrate damage caps into the law.

For instance, it is very common practice for states to have a damage cap on medical malpractice cases. Common limits for personal injury cases can range anywhere from $350,000 to $750,000. Although damage caps exist for many personal injury cases, there are exceptions to the rule, such as in the case of wrongful death, loss of limb, and severe injuries.

Punitive Damage Caps

Punitive damages, also known as exemplary damages, are intended to punish the at-fault party, while also setting an example to the public as a deterrent for the particular negligence involved in the case. Generally, the amount of compensation awarded for punitive damages is based on the net worth or wealth of the at-fault party.

However, many states set limits as to how much a tortfeasor can be ordered to pay. These are known as punitive damage caps. States use different formulas and schedules for such caps, including fixed limits, fixed multipliers, and more. For example, a state may set a punitive damage cap at three times the amount of total economic and non-economic damages in a personal injury case.

Are you and injured victim looking for a skilled civil litigator to represent your personal injury case in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned personal injury lawyer in Indianapolis, Indiana. Meet over the phone or in person for a free consultation.

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The 3 Possible Responses of an Insurance Adjuster in the Injury Claim Process

During the personal injury claim process, an insurance company will perform a comprehensive investigation to evaluate your total damages and losses. Once this investigation is complete, the insurance adjuster will respond to your demand letter in one of three ways.

Continue reading to learn the 3 possible outcomes when dealing with an insurance adjuster, and more importantly, how to protect your rights to a full and fair settlement in Indiana.

Civil Lawyer Indianapolis Indiana 317-636-7497
Civil Lawyer Indianapolis Indiana 317-636-7497

Insurance Adjusters are Not Your Friend

When it comes to personal injury claims, it is important to understand that insurance adjusters are not on your side. In fact, insurance companies rigorously train their adjusters in specialized tactics meant to reduce the value of a victim’s claim, and adjusters will utilize every ploy they can to achieve this goal. They will even check social media profiles, speak with witnesses, contact friends and family for character testimony, and much more. They are basically corporate investigators who aim to pay out as little as possible for a personal injury claim.

When speaking with insurance adjusters, it is important to not give up too much information. In fact, you should already be represented by an Indiana personal injury lawyer at this point in the process. A civil litigator can protect you from being taken advantage of during the insurance adjuster interview and negotiation process. Anything can be misconstrued as something valid enough to lower the value of your claim, so it is best to be under the reading of a seasoned attorney before discussing your accident and injuries with an insurance adjuster.

Demand Letters

A demand letter is something that you can send into the insurance company to demonstrate your economic and non-economic damages and losses that occurred as a result of the accident. It is used as a foundation to negotiate compensation for your hospital bills, medical expenses, lost wages, pain, suffering, and more.

Demand letters are quite complex, and critical to the overall negotiation process, which is why it vital to have a skilled Indiana personal injury law firm to arrange one for you. After receiving the demand letter, the insurance company will move forward with a full investigation of your claim. Once the investigation is over, the insurance adjuster assigned to your case will respond in one of three ways:

They will offer the full amount of compensation requested.
They will offer you less money than requested.
They will offer zero compensation and deny your claim entirely.

Was Your Personal Injury Claim Denied?

If your claim is denied by an insurance adjuster because they allege you are the responsible party according to state laws, the first thing you need to do is contact an Indianapolis accident lawyer for help. On your behalf, they will take the necessary steps to negotiate your rights to the full and fair compensation you deserve after being wrongfully injured in an accident. If the insurance company still refuses to offer a fair settlement, they will take your case to trial.

An adjuster is not a lawyer or legal professional; they are simply insurance company employees. This means that they may have a broad idea on the law in regard to their particular job role and the cases they oversee, but they do not have detailed knowledge of the law. They cannot possibly know whether or not you are truly 100% liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced personal injury lawyer to navigate your claim.

Are you looking for a trusted civil litigator to help you recover the compensation you deserve after a wrongful accident? Contact Carl Brizzi LAW at 317-636-7497 and schedule a free case evaluation with a skilled Indianapolis Indiana pedestrian accident lawyer you can trust. Our law firm serves clients all throughout the state of Indiana.

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Carl Brizzi Law Indianapolis Indiana
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Important Information About Birth Control Recalls

One of the most common questions women ask about birth control is, “How effective will it be for me?” However, an even more important consideration is how it might affect your health. If you are currently taking contraceptives, whether oral, shot, patch, or intrauterine device, continue reading to learn some pertinent information regarding birth control medication recalls, as well as what to do if you have been harmed by your contraceptive medication in Indiana.

Product Recall Accident Lawyers Indiana 317-636-7497
Product Recall Accident Lawyers Indiana 317-636-7497

Options For Oral Contraceptives

According to an article published on verywellhealth.com by Dawn Stacey, PhD, LMHC, the popular birth control options today range in effectiveness from 71% to 99% depending on the type. One of the most prevalent kinds of birth control are oral contraceptives, also known as birth control pills (BCP’s), which come in a packaged filled with medicated and non-medicated (placebos) pills that a woman will take every day in a particular order.

Common Causes of Birth Control Recalls

Oral BCP’s, although popular and effective, can be mixed up during the manufacturing process. For instance, the factory can put the wrong number of active and inactive pills in a package or pack the pills in the wrong order. Such errors put women at higher risk of unplanned pregnancy. This was the case in 2012 when a popular birth control pill called Introvale was recalled when a woman noticed that the placebo pills were in the incorrect row of her package. These incorrect pill products were on the market for a total of 14 months before being recalled.

Additional Birth Control Recalls:

Norgestimate and Ethinyl Estradiol Glenmark Generics had to recall 7 batches of Norgestimate and Ethinyl Estradiol tablets in 2012 as a result of expiration date printing errors.

Lo/Ovral-28 and Norgestre and Ethinyl Estradiol The pharmaceutical company, Pfizer, was obligated to recall 14 lots of Lo/Ovral-28 tablets and generic norgestre and ethinyl estradiol tablets because the packages were suspected of containing the incorrect number of active and inactive pills, as well as incorrect orders.

Qualitest Pharmaceuticals Recalls Qualitest Pharmaceuticals was forced to recall several birth control products back in September of 2011 as a result of manufacturing packaging mix-ups. These products included:

Gildess FE
• Previfem

Yaz Birth Control

For years there have been concerns about the possible risks of blood clots when taking Yaz birth control pills. But despite the endless arguments and requests by consumer advocates to recall it, the FDA will not comply. Instead, they changed the labeling to warn women of the possible the risk of blood clots. As a result of the FDA’s refusal to recall Yaz, many believe there might be a class action lawsuit in the works against the manufacturer of Yaz, Bayer Pharmaceuticals.

To learn more about recalled birth control medications, visit the U.S. Food and Drug Administration (FDA) website. You may also follow @FDArecalls on Twitter or sign up to receive FDA notices of recalls via email, text, or RSS feed.

Did You Take a Recalled Medication?

If you believe you have taken a recalled birth control medication, your first step is to immediately contact your doctor for medical attention and treatment. From there, it is wise to learn your rights to compensation for the damages and losses you incurred as a result of taking recalled medication. Start by consulting with a seasoned Indiana civil litigator who specializes in product defects, recall claims, and class action lawsuits.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. Our Indiana civil litigators serve clients all throughout Indiana.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to File Suit Against Someone Who Has Wrongly Injured You

After being seriously injured because someone else caused you harm, you deserve to be supported financially through your recovery. Your first step to obtaining compensation for your damages and losses is to file suit against the person who has wrongly injured you.

Continue below for a step-by-step introduction on how to get started with a personal injury claim in Indiana, beginning with learning your eligibility.

Personal Injury Lawyer Indianapolis Indiana 317-636-7497
Personal Injury Lawyer Indianapolis Indiana 317-636-7497

Learn Your Eligibility for Filing a Personal Injury Claim

Your first step to filing suit against a party who has caused you damages and losses as a result of an injury is to consult with an Indianapolis personal injury lawyer. They have the experience, knowledge, and resources to accurately assess your case and determine the best course of action for obtaining compensation for your damages.

You may be entitled to a settlement or Social Security verdict. If you were injured on the job, you should be covered by workers’ compensation insurance, unless you are a crew member of a vessel or railroad worker. In these cases, you would have to sue your employer if you are injured on the job.

Once you hire an accident lawyer to represent your personal injury claim, the rest of the process is in their hands. This means you are in good hands and only need to worry about your physical and emotional recovery.

Types of Personal Injury Damages

Damages may include compensatory losses such as hospital bills, medical expenses, lost paychecks, and similar calculable expenses. In some cases, damages might also include non-economical sufferings, such as pain, mental anguish, permanent disfigurement, loss of consortium, loss of ability to earn an income, and so forth. In cases in which the at-fault party was particularly reckless or acted with intent, you may be able to collect punitive damages, which are solely meant to punish the wrongful party for their horrendous actions or inactions.

Choosing a Personal Injury Law Firm in Indiana

There are thousands of personal injury lawyers to choose from in Indiana. But it is important to understand that not all law firms are alike. Some have more experience than others, and some are better well-versed in the type of accident you are filing suit for. Be sure to choose an Indiana civil litigator who has plenty of experience, accolades, and positive client testimonials. When it comes to collecting the maximum settlement for your claim, the right personal injury attorney will make all the difference.

Are you wondering who can represent your personal injury case best in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your personal injury claim.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Can a Minor File a Personal injury Claim?

Can juveniles under the age of 18 years old bring about a personal injury claim against a party who has caused them injuries and damages? That is the question many families want to know here in the Hoosier state and all across the nation. Continue reading to learn the facts about injured minors and personal injury lawsuits, including who to talk to in Central Indiana for expert advice and legal counsel regarding your child’s recent accident.

Child Injury Lawyer Indianapolis Indiana 317-636-7497
Child Injury Lawyer Indianapolis Indiana 317-636-7497

Minors Do Not Have Legal Standing

As an example, imagine that 17-year-old Gregory gets a ride home from school with his friend’s dad. On the way home, his friend’s dad runs a red light and causes a serious car accident that injures Gregory severely. Can Gregory, as a minor, bring about a personal injury lawsuit against his friend’s dad for reckless driving? The answer is, under certain circumstances.

Although minors are just as susceptible to being wrongfully injured in an accident as adults are, they cannot bring about a personal injury claim on their own behalf because they do not have legal standing, even if they are being represented by a competent accident attorney. The exception to this rule would be emancipated minors.

Legal standing refers to intellectual and emotional capacity to sue. The law believes that children under the age of 18 years old do not have such capacity to bring about a lawsuit, regardless of maturity or intelligence. However, there are ways around this in a court of law.

Next Friend or Guardian ad Litem

Minors who are injured wrongfully by another person or entity may bring about a personal injury lawsuit if they successfully asked the court to appoint them a next friend or Guardian ad litem. The term used in civil court varies among jurisdictions, but they both refer to an adult who serves as an injured minor’s lawful representative in a personal injury lawsuit.

The process of requesting a next friend or Guardian ad litem is typically speedy and uncomplicated, only requiring a little bit of paperwork. Once a legal representative is appointed, they can begin the process of filing a personal injury lawsuit on behalf of the minor. The very first step in this process would be to hire a skilled Indianapolis personal injury lawyer.

If the personal injury lawsuit is successful, the compensation does not go directly to the minor. Instead, the legal representative of the minor is responsible for placing the proceeds into a safe investment until the minor turns 18 years old. The placement of the proceeds must also be approved by the court.

Parents of Injured Children

The process of requesting and being granted a next friend or Guardian ad litem is only applicable in cases in which children do not have legal guardians or parents caring after them already. If your child or teenager was recently injured in an accident that was not their fault, you have legal grounds to bring about a personal injury claim on their behalf. Consult with an Indiana personal injury law firm as soon as possible before the statute of limitations runs out on your claim and all evidence is lost to support your case.

Are you looking for a seasoned Indiana accident attorney to represent your child’s injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free initial case evaluation with a civil litigator who specializes in child personal injuries in Indianapolis, Indiana.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Can I Sue Someone for Financially Exploiting My Elderly Loved One?

Financial abuse and exploitation of the elderly is a civil wrongdoing that can be penalized under tort law. If your senior citizen loved one, whether parent, grandparent, aunt, or uncle, has become a recent victim of financial manipulation or abuse, it is important to speak with an experience elder abuse lawyer right away. Your family could be entitled to restitution, as well as additional compensation for any damages suffered as a result of the abuse. The same rights apply to cases of financial exploitation involving mentally handicapped, challenged, or disabled persons.

Continue reading to learn more about financial abuse and exploitation of the elderly, and how to get started on your Indiana nursing home abuse or elder abuse claim today.

Financial Elder Abuse Lawyers in Indiana 317-636-7497
Financial Elder Abuse Lawyers in Indiana 317-636-7497

Protecting Our Elders From Financial Abuse and Exploitation

According to the U.S. Department of Justice, financial abuse is among the most common types of abuse suffered by elderly citizens in our country. Even the National Center on Elder Abuse estimates that an average of $2.9 billion are scammed out of senior citizens in the form of financial exploitation. It is estimated that by 2030, around 20% of the total U.S. population will be those aged 65 and older. So, as a fast-growing populace, this is a problem that will only worsen without more personal intervention.

For these reasons alone it is encouraged to keep a close eye on how your elderly loved ones are managing their money, whether they are living on their own, in a care or assisted living facility, or even in your own home. Online predators are out there, and they can manipulate and exploit your loved one’s finances under your own roof.

What is Elder Financial Abuse?

Well, the Federal Elder Justice Act, which was enacted in 2010, defines financial elder abuse as, “the fraudulent or otherwise illegal, unauthorized, or improper act… that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder the rightful access to, or use of, benefits, resources, belongings, or assets.”

Predators typically target the elderly because they retain fuller assets in their late life, and many often suffer from mental incapacities, such as dementia or Alzheimer’s. Other elderly folk are simply lonely for companionship, which is a need that is taken advantage of by financial abusers and exploiters.

Types of Elder Financial Exploitation and Abuse

There are many ways such predators use and abuse senior citizens for their money and assets, the most common ones being identify theft, telemarketing scams, and con-artists. It is more common for such abuse to take place domestically rather than in a hospital or care center. The perpetrator in domestic cases of elder financial abuse is usually a family member or Power of Attorney guilty of stealing, transferring, or gaining access to money or assets.

Nursing home and senior care facility staff members are another common predator to watch out for, as there are many cases of employees manipulating elderly patients or residents into giving them money or adding them to their will as beneficiaries.

Common Signs of Senior Citizen Financial Abuse

Signs that suggest elder abuse can come from your elderly loved one or the person exploiting them. Here are the most common signs to look for:

▷ Having a new “best friend” or suspicious friend
▷ Sudden interest or concern over their finances
▷ Missing money or assets
▷ Giving gifts or personal items away
▷ Requests to amend their will or estate plan
▷ Disputing over future inheritance or trust funds
▷ Unexplained financial transactions
▷ Increased or unusual bank account activity

Seniors and elderly citizens are protected under Indiana law from such injustices. If your older adult loved one is a victim of financial abuse or exploitation, it is important to take action as soon as possible. You may contact the state or local Adult Protective Services agency, but your first call should be to a licensed Indianapolis personal injury lawyer who specializes in nursing home and elder abuse cases to learn your rights to pursing legal action against the perpetrator or establishment.

Are you looking for a seasoned personal injury law firm in Indiana to represent your claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free initial consultation with one of our skilled elder abuse lawyers in Indianapolis, Indiana. Although based out of Indy, we serve clients all throughout the state.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Can I Sue a Restaurant or Manufacturer for Food Poisoning?

Imagine going to your favorite restaurant and ordering your usual delicious meal, only to later experience a traumatic fit of food poisoning. Not only would you fall incredibly ill and suffer painfully, but you would likely feel betrayed and let down by the eating establishment. After all, a restaurant’s primary responsibility is to provide a clean and safe meal that tastes good. So, it is no surprise that a food poisoning victim might feel compelled to file an injury claim against a negligent restaurant or food service organization for their pain and suffering, as well as their quantifiable damages, like medical expenses and lost wages.

Continue reading to learn more about pursing legal action against a restaurant that is responsible for causing a serious food borne illness, and how to determine the validity of your food poisoning claim.

Indianapolis IN Food Poisoning Injury Lawyers
Indianapolis IN Food Poisoning Injury Lawyers 317-636-7497

What Causes Food Poisoning?

A person gets food-borne illnesses by ingesting either food or beverage that has been contaminated with bacteria, parasites, virus, or toxins. This is generally a result of poor or improper growing, shipping, or handling of food products. Common types of illnesses contracted in this way include E. Coli, Hepatitis A, Listeria, Salmonella, Botulism, Norovirus, and Campylobacter.

Food borne illnesses like this can cause a person several types of damages, from lost wages at work, to medical bills, and more. So, when a person suffers from this type of illnesses after eating out at a restaurant or another person’s home, you can understand why there is a relative question regarding personal injury claims as well.

Do You Have a Food Poisoning Case?

The severity of the affects largely influences the chances of having a valid personal injury claim for food poisoning. The standard symptoms of eating tainted food include nausea, abdominal cramping, headache, and diarrhea; while more serious cases include symptoms like vomiting, diarrhea, high fever, loss of speech, difficulty breathing or swallowing, dehydration, and in rare cases, even death.

The less serious cases of food borne illness are not likely great candidates for an injury claim since these can be treated with ample fluids and rest. You see, the body will simply eliminate everything and then fluids can be restored. This usually takes around one to three days. More severe cases might involve doctor visits, hospital stays, prescription medication, prolonged rehabilitation, time off work, and more.

Advice for Food Borne Illness Legal Claims

If you or a loved one becomes ill from eating food at a professional establishment or another person’s home, it is important to deal with the health concerns first and foremost. Health and well-being should always be top-priority in a personal injury situation. Seek out professional health care and ask to have the illnesses medically confirmed by means of stool samples and more.

Having this on record is evidence of the incident. Be sure to follow all instructions handed down from medical professionals. Also, it is wise to save the contaminated food for testing, if at all possible. Otherwise, it is recommended to keep a daily journal of the symptoms you experience and everything you feel in detail. This can also be used as evidence in a personal injury case.

Did you or an immediate loved one suffer serious damages and losses as a result of food poisoning from a restaurant or meal delivery service? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your premises liability accident claim. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

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Carl Brizzi Law Indianapolis Indiana
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Choose Carl Brizzi LAW to Represent Your Indiana Injury Claim

Indianapolis Indiana Personal Injury Attorneys
Indianapolis Indiana Personal Injury Attorneys 317-636-7497

Carl Brizzi LAW is the Right Choice

Here at Carl Brizzi LAW, our highly accomplished, board-certified personal injury lawyers and legal teams retain extensive trial and litigation experience in Indianapolis, Indiana. We are fully equipped with the right knowledge, skills, and resources to recover the maximum settlement for your case. Regardless of the size or scope of a case, we maintain a steadfast, unwavering commitment to advocating for our clients’ rights to compensation. Join the thousands of injured victims in Indianapolis before you and hire Carl Brizzi LAW for expert legal representation that will not let you go home with a small check.

Our Case Results Have Earned Us a Reputation for Success

Whether you were injured in a car accident, assaulted, or sexually harassed at work, our esteemed injury attorneys know exactly how to win the verdict you rightfully deserve for your personal injuries and related damages. Regardless of your personal injury claim case, we have the experience and skills to develop an impactful strategy that will get you results.

There are no upfront costs, retainers, or legal fees that come out of your pocket. We only get paid if you do. Meet over the phone, via video conference, or in person at our Indianapolis office. Schedule a free initial consultation and case evaluation by calling our office at 317-636-7497, today.

Why Choose Our Indianapolis Personal Injury Law Firm?

☑ 100+ Years Combined Experience
☑ Contingency-Fee Payment Model
☑ Free Initial Consultations
☑ Convenient Indy Office Location
☑ Millions of Dollars Recovered
☑ Excellent Case Results & Client Testimonials
☑ Broad Personal Injury Practice Areas

All You Have to Do is Call – We Can Come to You

There is never any requirement to travel in order to learn more about your rights to claim payments against the party that caused you or your loved one harm. You can speak with our Indianapolis IN personal injury attorneys over the phone or via online video conferencing. When you hire us to represent your injury lawsuit, we can often get started the very same day. From there, we work diligently, using every professional resource in our power, to obtain the highest settlement or verdict possible for your claim.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. We serve clients all throughout Indiana.

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Carl Brizzi Law Indianapolis Indiana 317-636-7497

Can I Sue a Driver if They Hit My Dog?

Losing a pet is an emotional time in a person’s life.  As the pet owner, you may wonder if you are eligible for legal compensation if someone kills your dog by running them over. After all, you suffer emotional anguish and even loss of companionship. For those who have authorized help pets, such as guide dogs, service pets, or even emotional support animals, losing their pets can be even more damaging to their overall quality of life.

So, it is very common for pet owners to wonder if they can pursue legal action against someone who kills their pet by hitting them with their car. Although these types of civil cases are complex and often differ among local jurisdictions, there are a few general understandings surrounding such pet accidents that you should be aware of. 

Continue reading to learn about your rights and liabilities as a pet owner in the case that they are hit by a car, and where you can get a free consultation to learn whether you can sue for emotional damage and mental anguish if this ever happens to you.

Civil Litigators Indianapolis Indiana 317-636-7497
Civil Litigators Indianapolis Indiana 317-636-7497

Dogs and Leash Laws

In most counties, if an unleashed dog is hit by a vehicle in a public area, the owner may not be entitled to any compensation. In fact, in many jurisdictions, the pet owner may be liable for any damages done to the person’s vehicle because of the impact. Although this seems somewhat unfair, it is generally up to the pet owner to secure their dog in public places. In a court of law, the judgment would most likely not be in favor of the dog owner. If the dog was on a leash but escaped from the pet owner’s grasp, there may be a slight chance the pet owner can walk without being liable for any damages.

In the rare circumstance that a dog is killed by another person or vehicle while on a leash, there may be a chance for the pet owner to gain compensation for their loss. In court, a judge and jury would have to determine the degree of fault per party. That percentage will inevitably determine the amount of compensation the victim will receive. 


If the plaintiff’s legal party can prove that the driver was acting negligent or reckless, and that their carelessness directly caused the death of the pet, there may be a higher chance for them to be found liable for the dog’s demise. Negligence and recklessness would include driving under the influence, intoxication, using a cell phone while driving, speeding, ignoring traffic signs, driving off road, and similar distracting or illegal behaviors.

Intentional Torts or Recklessness

In the case that someone intentionally inflicts harm, abuses, or kills your dog, they can be held accountable in both criminal court and civil court. Dog owners who become victims of this kind of intentional act of malice or recklessness stand to incur all sorts of damages and losses aside from emotional and mental anguish, such as veterinary bills, prolonged treatment or therapy for your dog, lost wages from missing work to stay home and care for your dog, fuel costs traveling to and from vet appointments, and more.

Assistance Animals

If a person were to kill a registered guide dog, service pet, assistance animal, or emotional support pet, they could face civil and criminal penalties depending on whether the act was intentional or not and various other details of the case. In a criminal court, a guilty verdict would render a likely sentence of heavy fines, community service, restitution to the victim, and an order to pay the victim’s legal fees and attorney costs. In a civil court, the dog owner could be awarded damages for vet bills, lost wages, mental and emotional suffering, loss of companionship, and more.

Passenger Dogs Killed in Car Accidents

If you were in a serious car accident that was the fault of a negligent or careless driver, and your dog was inside the car and died because of the collision, you could possibly recover additional damages aside from the common types of damages awarded in personal injury lawsuits. Speak to an Indianapolis IN car accident lawyer as soon as possible to learn your rights to compensation.

The best way to avoid a tragic accident with your pet is to have it on a leash and always secured properly when in public areas. Prevention is possible with a little responsibility. If your dog has been hurt in a car accident, be sure to contact your veterinarian immediately.

Was your dog, cat, service animal, horse, or livestock recently injured or killed because of another’s negligence or intentional act? Contact Carl Brizzi LAW at 317-636-7497 to speak with an experienced civil litigator in Indianapolis, Indiana about your eligibility to pursue legal action against them and recover a settlement for your damages and losses. We serve clients throughout the state.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to Spot the Signs of a Staged Car Accident

If you can believe it, some car accidents are not actually accidental. There are con artists out there scamming innocent drivers by staging car accidents. By learning the signs of a staged car accident, you can protect yourself from being liable for a scammer’s damages. Continue reading to learn more about staged car accidents, including the types to look out for and who to call for personalized advice regarding car accident injury claims.

Indiana Car Accident Lawyers
Indiana Car Accident Lawyers 317-636-7497

Staged Car Accidents are Not Real Accidents, But They are Real Threats

A staged car accident is just that; a faked car accident set up to place liability on an innocent target in order to collect compensation for fake injuries and damages through the target’s insurance company. There is always more than one person conducting the scam, either another driver, pedestrian, or person on a motorcycle or bike. As a coordinated team, they intentionally cause a car accident with an oblivious driver, but in a way that makes the accident initially look like the target’s fault.

Once everything is all over, the other members of the team will disguise themselves as either injured victims, good Samaritans, or even witnesses. You can avoid being victimized by a car accident “stager” by knowing what a staged car accident looks like, and by hiring an Indianapolis auto accident attorney as soon as you are involved in a car wreck.

Types of Staged Auto Accidents

There are some common types of staged auto accidents, including the fender bender drive and dash, sudden brake slam, stop and go brake slam, and the false wave.

Fender Bender Dash – Two drivers in separate cars will approach a target. The first driver will pull out abruptly in front of the target and then slow down to almost a stopping point. Then the second driver will pull out in front of the first driver, causing the first driver to slam on the brakes. This sudden stopping causes the target to collide into the back of the first driver, as the second driver drives off. The accident appears like a normal fender bender, with the target being the at-fault party.

Brake Slams – There are two types of brake slamming scams. In both scenarios, the scammer will slam on their brakes directly in front of the target, causing the target to smash into the back of them. This can happen in stop and go traffic, or in regular driving scenarios.

False Waves – Some car accident scammers will give targets the wave, allowing them to pull out in front or make a turn. But then right as the target makes their move, so does the scammer, hitting the vehicle directly. Afterwards, they deny that they ever gave the target driver the wave, making it look like the target driver’s fault.

Fake Witnesses and Good Samaritans

Staged car accident scammers are not always drivers. As mentioned, they often work as a team, disguising themselves as witnesses and even a good Samaritan who “just wants to help.” But beware of fake witness and good guys wanting to help you out at the scene of the accident. Look for the signs. If a person approaches you wanting to help out, even before you have time to call for assistance, be curious.  Car accident scammers will set this up intentionally to give targets referrals for towing companies, auto repair shops, and even doctors and lawyers. If someone approaches you with this intention, avoid them. Other times, they will set up fake witnesses that will lie and say the target driver did something wrong when they in fact did not.

How to Avoid These Scams

To protect yourself from these kinds of scams, be sure you always contact the police to make a report as soon as you are in a car accident. Also, be sure to take plenty of pictures and videos of the surrounding evidence at the scene, including license plates, traffic signs, stop lights, and more. Also, meet with an experienced car accident lawyer to learn how to protect yourself from being held financially liable for your damages, as well as another’s. See our blog, “What to Do After A Car Accident That Was Not Your Fault” to help teach yourself and your loved ones some important tips for the same type of protection.

Were you recently injured in a car accident that was caused by another’s carelessness? Contact Carl Brizzi LAW at 317-636-7497 to learn how you can recover compensation with the help of a skilled Indianapolis IN car accident lawyer.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497