What is Comparative Fault in a Personal Injury Case?

Posted on October 21, 2021 by Admin

If your accident was partially your fault, can you still bring about a personal injury claim against the other at-fault party? Continue reading to learn about shared-fault states, including facts about comparative negligence in personal injury cases and whether or not Indiana accepts and recognizes such legal principles.

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Personal Injury Comparative Fault Facts

Comparative fault, also known as comparative negligence, is a legal principle of tort law that is applied to accidents in which both parties involved are partly to blame. It states that when an accident of any kind takes place, the negligence or fault of each party is founded on their separate roles in the accident. Comparative fault principles allow insurance companies to assign fault, and therefore pay insurance claims accordingly.

Comparative Versus Contributory

Do not confuse comparative negligence for contributory negligence, also called contributory fault. These are two separate kinds of tort law principles. As mentioned, comparative fault/negligence refers to taking into consideration the fault of each party in an accident, and then using the difference of faults to assign a value to the accident claim.

Contributory fault, on the other hand, is a very strict legal principle that does not allow an injured person to collect compensation through an injury claim if they are partly responsible for their own accident. In a state that applies contributory fault, one cannot bring about a casualty claim against any other involved parties regardless of how little at-fault they are for their accident.

Very few states follow the contributory negligence system; ones that currently do include Maryland, Virginia, and Alabama (also Washington D.C.). Indiana is a modified comparative fault state.

Pure and Modified Comparative Fault

States that follow the comparative fault tort law principle will use either a pure comparative fault system or a modified comparative fault system. Under pure comparative fault, a claimant’s accident claim value will be lowered by the actual percentage of fault they are for their accident.

For instance, if a claimant is 99% to blame and damages add up to $100,000, they could recover $1000 in compensation under a pure comparative negligence system. Modified comparative negligence is a bit more lenient, as it allows a claimant to collect personal injury compensation for their damages so long as they are less than 50% at-fault for their accident.

Are you looking for a skilled lawyer who can help you recover the maximum settlement for your Indiana personal injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys, today. We take cases all throughout the state.

Carl Brizzi Law Indianapolis Indiana 317-636-7497

Choose Carl Brizzi LAW to Represent Your Indiana Injury Claim

Posted on August 4, 2021 by Admin

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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What to Ask Yourself Before Filing a Lawsuit for Mental Trauma

Posted on June 17, 2021 by Admin

There are various types of mental trauma, all of which can lie on a wide spectrum of severity. If you or a loved one recently experienced mental trauma or stress as a result of another’s action or inaction, you might be compelled to file a lawsuit to collect damages. But before you do, be sure to ask yourself some important questions in order to fully understand and prepare your potential tort case.

Continue reading to learn what you should be asking yourself prior to taking the next step toward filing a claim for mental stress or trauma.

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Hire a Lawyer to Collect Damages for Mental Trauma

Being awarded compensation for damages experienced from having suffered some type of mental distress or trauma is not possible without the help of a licensed Indiana personal injury lawyer. In order to recover a settlement or verdict, damages must be proven within the boundaries of law. A personal injury attorney has the knowledge, experience, and resources to professionally assess your claim and determine if you are a good candidate for pursing legal action against a negligent party.

Here are the top 4 questions to ask yourself before calling a lawyer regarding a lawsuit over mental stress or trauma:

When Did Your Accident Occur?

Ask yourself how long ago was the event that subsequently caused your mental distress or trauma. There is a statute of limitations in Indiana that sets time restrictions on how long claimants can bring about a lawsuit against another party. For most types of tort claims, Indiana allows 2 years from the date of the accident or event. If it has been more than two years, you likely do not have a valid claim anymore.

Has Your Stress or Trauma Caused Physical Symptoms?

It is sometimes challenging to provide evidence proving mental stress or trauma. If your distress has manifested itself into physical symptoms, it can be a lot easier proving your damages. Examples might include migraines, headaches, ulcers, digestive issues, night terrors, sleep walking, insomnia, self-harming, and suicide.

Have You Seen a Doctor?

When it comes to any type of personal injury claim, documentation showing medical assessment and treatment is crucial. But when it comes to claims regarding mental trauma or stress, it is even more vital. Ask yourself if you have been seen by a doctor. For such cases, you would want to see both a medical doctor and a therapist or psychiatrist. Both treatment and documentation of all care are critical to proving your claim.

Do You Have a Lawsuit?

With all of the other questions answered, the final and most important question to ask yourself is whether or not you have a valid case. You can choose to meet with a personal injury lawyer to learn your claim’s strength.

Are you ready to learn your eligibility for pursing legal action against the party responsible for your accident? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana personal injury lawyer you can trust.

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Does Renter’s Insurance Cover Personal Injuries?

Posted on May 17, 2021 by Admin

As a tenant of an apartment or similar residential rental, your landlord has a duty of care to ensure that all common areas of the complex are safe and free of foreseeable hazards. But accidents and personal injuries do happen, which leads many tenants and their guests asking, “who is liable?” and “will renter’s insurance pay out an injury claim?”

As a renter, it is wise to educate yourself on premise liability, both your role in liability as well as your landlord’s. Continue reading to learn more about what renter’s insurance general covers, and what might or might not be covered in the case of a personal injury claim for yourself, a member of your household, or a visitor.

Indianapolis Indiana Accident Lawyers 317-636-7497

Renter’s Insurance Coverage Basics

All renters, whether of a condominium, apartment, townhouse, or single-family home, will be required to have proper renter’s insurance coverage. There are various scopes of renter’s insurance, ranging from minor coverage to maximum coverage; it all depends on what is required by the leaser and what is in the renter’s budget.

Such coverage, in all scopes, does cover a basic number of items, such as clothing, furniture, electronics, and other personal belongings in the case that they are lost, stolen, or otherwise damaged. More extensive insurance might cover a lot more, including liability in the case that a guest is injured in your residence.

Injured Tenants Versus Injured Guests

Renter’s insurance does not cover personal injuries to tenants, nor any members of the tenant’s household. However, depending on the type of policy selected, some renter’s insurance does cover personal injuries suffered by guests of tenants, but only if the tenants are at-fault for the accident that caused the personal injuries.

Landlord Liability

Tenants are protected by premise liability laws that require landlords and proprietors to maintain a safe and hazard-free environment in all common areas for both renters and visitors. This includes parking lots, sidewalks, walkways, trails, lobbies, entrances, hallways, stairs, community rooms, fitness centers, ponds, and swimming pools. So, if a tenant or their guest is injured on the premises due to landlord negligence, such as poorly maintained common areas, it would be the landlord who is legally responsible for the victim’s personal injuries.

In all cases in which the landlord is to blame for a tenant or visitor’s accident and subsequent injuries, they are the party responsible. In such as case, a victim would hire a personal injury law firm to file a premise liability claim and recover compensation for their damages and losses, including hospital bills, medical expenses, lost wages, and more.

If a guest or visitor is injured inside a tenant’s residence, it can be trickier trying to determine fault. There are many cases in which both tenant and landlord are held partially at-fault for indoor accidents to tenants and guests. To avoid liability as a tenant, it is vital to hire an experienced accident lawyer to represent your personal injury claim.

Did you slip and fall or involved in an accident on another’s property, and now you are seriously injured? Contact Carl Brizzi LAW at 317-636-7497 to learn your rights to pursing legal action against the at-fault party through a premises liability claim in Indianapolis, I n diana.

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Should I Hire a Lawyer to Write My Injury Demand Letter?

Posted on May 3, 2021 by Admin

Now that you have suffered serious damages as a result of another’s careless action or inaction, you are faced with the legal matter of bringing an injury claim against them. To start the process, you will need to send a demand letter to the opposing party, or their insurance company, revealing all damages and losses, and beginning the negotiations for a fair settlement amount. But do you write this letter? Or should you hire someone to do it for you? This is a vital question to ask yourself, and the answer is to always seek professional legal assistance for all stages of an accident claim.

Continue below to learn more about demand letters in personal injury cases, as well as who to trust for superior civil litigation fir personal injuries in Indiana.

Hire an Injury Lawyer Before the Accident Claim Process Begins.

Hire a Personal Injury Lawyer Right After Your Accident

As soon as you are capable, it is the right step to hire a personal injury lawyer right after your accident, far before even thinking about writing a demand letter. They have the knowledge and experience to guide your case in the direction of a successful outcome, all while protecting you and your liability along the way. So, when it comes time to send your demand letter, whether an initial one or one for personal injuries, think carefully about who you appoint to get it done.

Although it is legal and perfectly possible to write this letter yourself, it is not recommended, especially of your claim is worth a lot of money. After all, can you imagine a large insurance company taking you seriously when asking for a large sum of money without any legal backbone to enforce it through? For this reason, it is strongly encouraged to retain professional legal counsel for help navigating your personal injury claim, including writing your injury demand letter.

Initial Demand Letters Versus Injury Demand Letters

A demand letter is basically a formal memo that begins the compensation negotiations for the accident. Depending on the circumstances of your accident, you may need to send two demand letters, the first being an initial demand letter for property damages, and then an injury demand letter for your personal injuries once you have finished your immediate medical care. Car accidents are common personal injury cases in which both types of demand letters are sent.

Common Points Included in a Claimant’s Injury Demand Letter:

► Employment – Name of employer, place of work, and current earnings, etc.

► Physical Injuries – Actual physical damages to body and/or mind.

► Medical Records – Official diagnoses, summary of treatment, etc.

► Personal Efficacy – Post-accident difficulties, prolonged physical therapy, ability to work, ability to do things around the house, impairment to personal life, etc.

► Lost Wages – Time spent off work, lost earnings, lost promotion opportunities, etc.

► Pain and Suffering – The extent of which the accident and all post-accident circumstances have caused you to suffer.

Reservation of Rights Letters

Many personal injury claimants confuse demand letters with reservation of rights letters. Fortunately, with a skilled and certified personal injury lawyer working your claim, you will not have to worry about these letters at all. But for your own understanding, the difference between a Reservations of Rights letter and a demand letter is that demand letters are sent by claimants to insurance companies, while reservation of rights letters are sent by the insurance company to the claimant before the negotiations process begins.

Are you looking for an experienced and qualified civil litigator to recover the maximum settlement for your injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana personal injury lawyer you can trust.