How to File Suit Against Someone Who Has Wrongly Injured You

Posted on October 27, 2021 by Admin

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

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.

Carl Brizzi Law Indianapolis Indiana 317-636-7497

Basic Lawsuit Terms and Definitions for Personal Injury Cases

Posted on September 28, 2021 by Admin

Every personal injury lawsuit is different. However, all cases will involve some basic legal terminology and procedures. Whether you are injured in a car crash or slip and fall accident, understanding some classic personal injury and courtroom terms will help you better understand your rights to being compensated for your damages and losses as a wrongfully injured victim.

Continue reading to familiarize yourself with the basic terms and definitions you’ll likely hear during the process of your personal injury case.

Personal Injury Law Firm Indianapolis 317-636-7497

Personal Injury Glossary Terms

Tort

A tort is an act that is wrongful, but neither criminal nor deriving from a contractual agreement. Tort cases are adjudicated in civil court, not criminal court. However, some torts can also be penalized as criminal offenses if they are intentional. An intentional tort is a wrongful act that was done knowingly and on purpose. Anyone guilty of an intentional tort can be penalized in both civil and criminal court.

Example of torts include drunk driving accidents, wrongful deaths, medical malpractice, product defects, dog bites, and negligent supervision. Victims who are wrongfully injured or damaged by torts may seek damages in a personal injury lawsuit.

Negligence

Negligence is the central factor in all personal injury cases. Negligence can be intentional or unintentional, as well as an action or inaction. Failing to act with reasonable care or behaving carelessly or recklessly are basic acts of negligence in personal injury cases. In order to be successful in a personal injury lawsuit, the plaintiff party holds the burden of proving negligence.

Here in Indiana, state law recognizes modified comparative negligence. This means that an injured victim or plaintiff party can collect compensation from an at-fault party/parties so long as they are less than 50% responsible for the accident.

Burden of Proof

The plaintiff party holds the burden of proof, meaning they are responsible for proving negligence on behalf of the at fault party, whether that be a company, government sector, or individual person. In order to prove negligence, the plaintiff party must demonstrate 4 things:

➀ The opposing party had a legal duty of care to the plaintiff party.
➁ The opposing party violated or breached their legal duty of care.
➂ The opposing party’s violation was a direct cause of the victim’s damages.
➃ The victim’s damages are real and tangible.

Statute of Limitations

The statute of limitations are the time restrictions set by the state in which a plaintiff can bring about a personal injury lawsuit against an at-fault party. Once these time limits have passed, and injured victim is no longer eligible to pursue legal action against the party who caused their injuries in subsequent damages. Most personal injury statutes of limitations are two years from the date of the accident or incident, but other types of personal injury cases may have shorter or longer time restrictions.

Plaintiff

The person or group of people who file a personal injury claim against another party is known as the plaintiff or plaintiff party.

Defendant

The person, group of people, company, or government sector being sued by a wrongfully injured victim is the defendant in a personal injury case.

Complaint

A complaint is the filing and initiation of a personal injury lawsuit. Filing a complaint is essentially a plaintiff’s means of expressing their grievances to the courts. Complaints must be filed with the proper court.

Answer

Following the filing of a complaint, the defendant must provide a formal answer expressing their position regarding the allegations decreed in the personal injury complaint.

Damages

Damages are the economic and non-economic losses experienced by the injured victim and or their surviving families. Economic damages can be quantified, while noneconomic damages are not easily quantifiable. Common personal-injury damages include medical expenses, hospital bills, lost wages from missing time at work, pain-and-suffering, mental anguish, loss of consortium, different levels of disability, and all future and foreseeable losses like prolonged physical therapy, rehabilitation, counseling, and more.

Prayer for Relief

A prayer for relief is included within the plaintiff’s personal-injury complaint. It is basically a phrase to describe how much the plaintiff is asking for in compensation.

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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Can I Sue For Invasion of Privacy?

Posted on April 12, 2021 by Admin

Your privacy is an inherent right that does not have to be earned or granted. For this reason, it is not okay for a person’s personal information to be revealed to the public in an offensive or embarrassing way. Because of the ongoing growth of online technology, social media platforms, and media, it is easier than it has ever been before to infringe on a person’s privacy. Aside from the internet and media, conduct can also invade a person’s right to privacy. It is important to understand invasion of privacy laws, including how to affirm your rights if you or a loved one ever becomes a victim to such violation. This especially important since these laws vary greatly from state to state.

Continue reading to learn a brief explanation of the four most common types of invasion of privacy claims, and what you can do if you believe your rights have been violated.

Civil Litigators Indianapolis Indiana 317-636-7497

Four Types of Invasion of Privacy Claims

❶ False Light

A person has the right to not have their personal information revealed to the public in a deceptive or misleading way that portrays them in a “false light.” A false light cause of action is different from defamation because the information is true. For example, a neighborhood newsletter prints an article highlighting an admired local business owner, but places it right next to a large picture of a fugitive child abductor in a way that makes the business owner look like the profiled criminal, and as a result, his business and personal life suffer.

❷ Public Disclosure of Private Facts

A person has the right to confidentiality over the specifics of their private life. A victim may have an invasion of privacy claim under if they reveal a secret about their private life to someone, and then that person discloses the secret to the public. Unfortunately, not all states recognize this type of cause of action, such as New York and Los Angeles. For example, a person reveals their sexuality to their boss, and then their boss publicly reveals it to the rest of the office or company.

❸ Intrusion of Solitude

Intrusion of solitude describes a person’s right to not have their visible or physical privacy infringed or violated. This is most commonly seen in cases of stalkers, bullies, harassers, peeping toms (voyeurs), and intimidators. It is also common when someone snoops through another person’s private documents. For instance, a person learns that their neighbor has been secretly taking unflattering or undressed photographs of you and uploading them to his public website.

❹ Appropriation of Name or Likeness

To have a valid claim for appropriation of name or likeness cause of action, a person must use your name or image as their own, without permission, for the purpose of benefiting in some way, whether commercially or non-commercially. This can include a person’s picture, portrait, voice, signature, or name. For example, a person uses a cancer patient’s picture and name to create a “Go-Fund-Me” page and earn money.

If you are concerned that your privacy has been violated in a manner that has negatively affected your reputation or character, it is important to discuss your questions with an experienced Indianapolis Indiana personal injury lawyer who can help you determine the best course of action for your losses and damages. Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today.

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Do I Need a Car Accident Lawyer?

Posted on April 8, 2021 by Carl Brizzi

Indianapolis Indiana Car Accident Lawyers 317-636-7497

Each year, approximately 700 Hoosiers are killed in traffic collisions caused by distracted, speeding, and intoxicated motorists. Sadly, this tragic statistic doesn’t count the number of car accident survivors who sustain devastating physical and cognitive injuries on an annual basis. It can be difficult for a survivor to navigate the legal aftermath of a car accident, especially if they’re struggling to afford costly medical bills.

If you’ve been involved in an automobile accident, you may be interested in exploring your legal options. You may be working with your insurance company already; so do you need a personal injury lawyer to secure a favorable settlement?

One critical fact you need to remember throughout the duration of your case is that insurance companies are for-profit businesses. This means that an insurance claims adjuster will do everything they can to reduce or eliminate your damages, even if it means engaging in shenanigans to undermine your claim. Adjusters are paid to take advantage of injured people who are not represented by an experienced injury lawyer. The best way to maximize your claim is to retain the services of an experienced car accident attorney.

At Carl Brizzi LAW, our skilled and resourceful injury lawyers can investigate your case and develop an aggressive litigation strategy that proves the at-fault party is responsible for your injuries and financial losses. We will thoroughly assess the legal aspects of your case, collect critical evidence, and explain your legal options so that you can focus on recovering.

With our guidance, you can recover compensation that accounts for your medical expenses, lost wages, loss of earning capacity, and more. If you’re interested in learning how we can benefit your specific case, please schedule a free consultation with our firm today.

Most importantly, we will prevent the at fault party’s insurance company from taking advantage of your inexperience by negotiating with the insurance company representatives on your behalf and countering any low ball settlement offers by calculating, documenting and projecting all injury related expenses. Finally, if the case does not settle, our lawyers will litigate your case in court.

If you’ve been involved in a car accident we recommend first seeking medical attention, and then calling the attorneys at Carl Brizzi LAW for a free consultation.

For a comprehensive case review and evaluation of your car accident personal injury claim, contact our office today.

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Will My Personal Injury Settlement Be Taxed?

Posted on April 5, 2021 by Admin

When injured victims are awarded compensation in a personal injury claim, it is because the opposing party was responsible for the accident, which directly caused the victim’s injuries and subsequent losses, also known as damages. Examples of personal injury damages include pain and suffering, as well as medical expenses, hospital bills, lost paychecks from time missed at work, and even mental and emotional traumas. In the case that the at-fault party was exceedingly reckless or negligence, or intentionally caused the accident, a victim might be awarded punitive damages, which are meant to punish the responsible party and set an example for the rest of the community.

In all cases of collecting compensation for damages in a personal injury case, a common question that arises has to do with taxes. Many accident victims want to know if they have to pay taxes on their personal injury settlement, and if so, which damages are taxable, and which are not. If you are asking yourself this same question as you prepare to file an injury claim, you will be pleased to know that most of your potential settlement will not be taxed; however, there are some types of awarded damages that will.

Continue below to learn some basic facts about personal injury settlements and taxes, including how to determine your eligibility for pursing legal action against the party who caused your wrongful accident.

Personal Injury Law Firm Indianapolis Indiana 317-636-7497

Personal Injury Settlements and Taxes

It can be confusing understanding which personal injury damages are taxable, and which are not, but the IRS does make the taxable statuses of all personal injury compensation clear. If you have questions, contact your local IRS office, or speak with a trusted Indianapolis injury lawyer.

NOT TAXED:

✤ Pain and Suffering

Many personal injury victims are awarded compensation for the pain and suffering they so wrongly had to experience as a result of their accident. These damages are non-taxable.

✤ Medical Expenses

In a successful personal injury case, accident victims are typically compensated for their medical expenses, such as bills, devices, medications, and therapy. These damages are non-taxable.

TAXED:

✤ Lost Work Wages

Victims can be awarded compensation to make up for the income they lost while recovering from their injuries. These damages are taxable, both state and federal, as well as all other applicable taxes that are generally deducted from paychecks.

✤ Punitive Damages

Courts often punish grossly negligent at-fault parties by awarding accident victim’s punitive damages. Although there are exceptions, these damages are usually taxable.

✤ Interest

In the case that a personal injury case goes to trial, it is possible for the court to add interest to the final judgement, starting from the date of the lawsuit to the date their settlement is paid out. This interest is taxable.

BOTH:

✤ Mental and Emotional Trauma

Depending on the details and circumstances of a victim’s incurred emotional trauma and mental anguish, damages awarded may or may not be taxed. Emotional trauma and mental anguish must originate from the physical injuries suffered from the accident in order to be non-taxable.

Here is an example to help you understand: If a person is seriously maimed in an animal attack accident, and as a result developed severe psychological effects or PTSD, damages awarded would be NON-TAXABLE. Oppositely, if the victim developed PTSD or similar psychological consequences as a result of being shunned or defamed after the accident, such damages would be TAXABLE.

Do you have questions about making a personal injury claim after a serious accident? Contact Carl Brizzi, a lawyer with Lewis And Wilkins LLP (LAW) at 317-636-7497 to schedule a free case evaluation with a skilled and experienced accident attorney in Indianapolis, Indiana. We represent injured persons throughout the State, and offer meetings over the phone or via online conference.

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Which Driver is to Blame in a T-Bone Car Accident?

Posted on March 16, 2021 by Admin

Side impact collisions, also known as T-bone accidents, are among the most dangerous kinds of car accidents. Not only are they sudden and unanticipated, but they also often occur at higher speeds, so most are severe enough to cause serious injuries or fatalities. Perhaps this is due to the fact that most cars are better equipped with front and rear-impact safety features, rather than side collision safety features. This is especially true in older make and model vehicles that lack air bags, entirely. Even cars that are equipped with side impact protection, like side airbags and reinforced glass, are not always safe enough to protect passengers and drivers from sustaining physical injuries in a T-bone accident.

In addition to the severity of T-bone accidents, there is an unfortunate misconception that whoever collides into the other vehicle is to blame for the accident. But this is not always the case. Continue reading to learn who is at fault in a side impact car accident, and what you can do as a victim to collect compensation for your damages.

Indianapolis Indiana Car Accident Lawyers 317-636-7497

Determining At- Fault Parties in T-Bone Accidents

Just because Driver A collides into Driver B in a side impact collision does not automatically mean Driver A is to blame. There are many cases of T-bone accidents in which Driver B is to blame, both drivers are partially to blame, and neither driver is to blame. Various factors surrounding the accident will determine which party is at fault for a side impact car accident.

To understand how fault is determined in such cases, here are two common scenarios of what causes T-bone accidents:

⚈ Example 1 – While Driver A has the right of way through an intersection, they collide into the side of Driver B. Driver B is at fault because they violated the right of way, either by running a stop sign or a red light.

⚉ Example 2 – While Driver A has the right of way through an intersection, Driver B collides into them. Driver B is at fault because they violated the right of way, either by running a red light or failing to stop at a stop sign.

These are just basic examples. In real life scenarios, side impact car accidents require extensive investigation, and usually involve several other factors, such as traffic light programming, road signs, roadway maintenance, weather conditions, intoxication, and more. There are generally many layers to a T-bone accident, which is why it is vital for victims to retain experienced personal injury representation.

A skilled accident lawyer can recover the full and fair compensation car accident victims deserve. Whether you have lost a loved one in a wrongful death car accident, or you have suffered serious injuries and losses as a result of your own car accident, contact a licensed personal injury attorney as soon as possible to protect your rights to compensation.

Contact Our Experienced Car and Truck Accident Lawyers in Indiana

Contact Carl Brizzi LAW at 317-636-7497 to schedule a no-cost case evaluation with one of our seasoned and local personal injury lawyers about your car or truck accident claim in Indianapolis, Indiana. We are eager to help you recover the full and fair compensation you deserve after being wrongfully injured in a motor vehicle accident, whether as a driver, passenger, cyclist, or pedestrian.

We offer free initial consultations and never collect lawyer fees unless we recover for you. Furthermore, our accident lawyers represent injured persons throughout Indiana, as well as the surviving dependents in wrongful death and medical malpractice cases.

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Information About Filing an Injury Claim for Assault in Indiana

Posted on March 1, 2021 by Admin

Continue reading to learn some tips for anyone who has recently suffered a type of assault, or lost a loved one to a wrongful death as a result of assault.

Indianapolis Indiana Assault Injury Lawyers 317-636-7497

You Need a Personal Injury Lawyer for an Assault Case

Assault is illegal in our country, and is considered a very serious crime. In fact, those guilty are also subject to civil penalties as well as criminal penalties. So, if a person intentionally harms or injures another person out of malice, they can be held legally liable for their victim’s damages and losses, plus face criminal sentencing on a state or federal level. Personal injury lawyers represent assault victims, or families of victims, who have suffered physically, emotionally, mentally, and/or financially following an assault, or a wrongful death of a loved one by assault.

No one should have to ever face an unwarranted physical altercation or experience a serious threat, but it happens to millions of innocent victims, nonetheless; and when it does happen, do, justice is deserved. Whether you were attacked during a mugging, jumped on campus by bullies, sexually abused, threatened by extreme intimidation, suffered a traumatic brain injury after being knocked unconscious, lost a loved one to homicide, or suspicious of nursing home abuse, it is important to seek legal representation right away. Personal injury lawyers have the knowledge, experience, and resources to obtain the full and fair compensation for any damages and losses you’ve incurred as a victim of assault.

Time Restrictions for Assault Injury Claims

It is important to contact an accident lawyer immediately (or as soon as possible) after suffering a wrongful attack that results in serious injury. The sooner you contact an attorney, the sooner they can begin investigating and putting together your case. If you wait too long, you might exceed the statute of limitations in your state for filing an injury lawsuit against an offender. Also, during that time, evidence can be lost, offenders can jump state, witnesses can forget details of the crime, and so forth. This is why it is important to act fast. In Indiana, the statute of limitations for filing a personal injury lawsuit is two years, but can differ depending on the crime. Call your local personal injury law office for more information about your state’s limitation laws.

Life After a Serious Assault

Once you have consulted and hired a personal injury lawyer to file a suit against your attacker(s), you can then get some closure to your troubling experience by becoming involved in some helpful therapeutic remedies. Look into local clinics that help treat people that have suffered traumatic situations and attacks. You can even get involved in self-defense courses which are great sources of healthy exercise for the mind and body. Another recommendation for anyone that has experienced a serious assault is to join group therapy. Talking to other survivors about their experiences and how they cope day to day can be tremendously healing and helpful. You can meet and make confidants, peers, and long-lasting friendships through these intimate group sessions.

For people who prefer a more private approach to post-trauma therapy, one-on-one therapy is also an effective solution. If therapy is not an option that you’re comfortable with, there are still options out there for satisfying resolution and mental recovery. For example, adopting a puppy, taking up a new hobby, getting regular exercise, starting a new relationship, going on a vacation, learning a new language, joining a club, and even relocating are all potential remedies for someone that has recently been involved in a traumatic assault or serious attack.

Get Started With a Free Consultation as Soon as Possible

Do not wait too long to learn about your personal injury compensation rights. If the statute of limitations runs out, you are no longer able to make a claim. It is always better to contact an experienced assault injury lawyer as soon as possible after the assault accident so information and evidence is not lost.

Contact Carl Brizzi, a lawyer with Lewis And Wilkins LLP (“LAW”), at 317-636-7497 and schedule a free initial consultation with a practiced Indianapolis injury attorney to find out if your assault injuries might entitle you to legal compensation in Indiana. Not only do we offer free initial consultations, but we never collect lawyer fees unless we recover a settlement or judgment for you.