In Indiana, if you can establish liability in an injury claim, you are allowed to recover medical expenses. So how do you calculate medical expenses? The law entitles you to recover the reasonable value of medical expenses. Well, what is the reasonable value? You can present the total charged amount of the bills to a […]
You need 2 things: Liability: Did the other driver cause the crash? Under Indiana law, you must show that the other driver is at least 50% responsible for the crash. Liability is judged by whether that driver was acting reasonably in the operation of their vehicle. As the victim, your actions will be evaluated to […]
NO! Here’s why: the value of your injury case is: (1) what you and the insurance company agree it is, or (2) what a jury of your peers says it is. It’s really that simple. If any lawyer guarantees your case is worth a certain amount or will settle for a certain amount, he or she is not being honest with you. Be very careful with any lawyer who guarantees a particular outcome in your case. A lawyer cannot make an insurance company offer you a certain amount and they cannot make a jury’s verdict a certain amount. If you have questions about your case and want an honest assessment of it, please give me a call.
You are injured by a governmental entity. What do you do? In Indiana, injury claims have a 2 year statute of limitations. The claim must be resolved or a lawsuit must be filed against the responsible party within 2 years of the date of the injury. If this deadline is missed, the claim is over […]
The answer is: as much as you can afford. Indiana law requires drivers to have automobile insurance on their vehicles. But the amount and types of insurance you get is up to you. Here are the different types: Liability: this covers you when you cause a crash and injure someone and/or cause property damage. The […]
Lawyers that handle injury cases usually accept those cases on a contingent fee basis. The lawyer and the client agree that the lawyer will only be paid if the case is successful. That means either the case reaches a settlement or the case proceeds to a trial and a verdict is returned in favor of […]
Well, not exactly. Indiana law says that if a vehicle is considered a total loss, then the claimant is entitled to receive fair market value for their vehicle. That would mean the value of the vehicle immediately before the automobile crash occurred. If you have a loan on the vehicle that is higher than the […]
The Indiana Supreme Court recently decided in Escamilla v. Shiel Sexton Company, Inc., that an unauthorized immigrant can claim lost earnings or diminished earning capacity in an injury lawsuit and his/her immigration status is irrelevant and inadmissible unless the defense can show it is more likely than not that the plaintiff will be deported. This is […]
In Indiana, all legal claims have a statute of limitations. A statute of limitations is the time limit for filing a lawsuit for any particular claim. For claims of personal injury or property damage, the statute of limitations is two years from the date of the occurrence that caused the injury or property damage. There […]
Negligence is defined as being careless or failing to act as a reasonably prudent person would under the same or similar circumstances. In car crashes, the typical legal claim is that the driver who caused the crash was careless in their driving and their carelessness caused the crash and any resulting injuries or damages. In […]