FAQ

I’m Injured by the Government, How Do I Pursue a Claim?

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 [...]

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How Much Does It Cost To Hire a Lawyer For My Injury Case?

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 [...]

My car is totaled, do I get a new car?

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 [...]

Can Immigrants Claim Lost Wages in Indiana Injury Cases?

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 [...]

How Long After an Accident Can You Claim an Injury?

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 [...]

What Is Comparative Negligence in Indiana Car Accident Cases?

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 [...]

Why File a Wrongful Death Claim?

A settlement in a wrongful death case is not about putting a price on a person’s life. It is about making sure the liable parties are held responsible for what they caused. It will also help the family of the deceased move on financially. This is especially true when the [...]

What is considered a wrongful death?

A number of incidents may fall under this statue including a death which results from a car or motorcycle accident caused by another’s reckless driving. Negligence in the failure to diagnose a fatal disease, negligent medical treatment, or even neglect and nursing home abuse may be included in this category. Deaths which [...]

What Damages May Be Recovered in a Premises Liability Case?

Damages which may be recovered in a premises liability case may include: Medical expenses Future medical expenses Lost wages and future lost wages Permanent disability Loss of quality of life Pain and suffering To understand what your rights and options are under Indiana law, please give me a call to discuss your [...]

What Does Invited Mean in a Premises Liability Case?

A customer in a business or a guest in your home is an invited guest. They will have a higher legal standing, than a trespasser. Children, even when trespassing, may fall into a category somewhere in between if they are too young to understand a property hazard or unsafe condition.

Who is at Fault? In a Premises Liability Case

Indiana law treats premises injuries different based on the status of the person at the time they were injured. There are three classifications of persons: invitee, licensee, or trespasser. An invitee is a person invited upon the property by express or implied invitation. This could be a social guest or [...]

What is Premises Liability?

Property owners in Indiana, (homeowners, landlords, and commercial property owners) have a legal responsibility to maintain their property in a reasonably safe condition and to provide adequate warning of any hazard or unsafe condition that cannot be quickly corrected. In Indiana, when a visitor to a property is injured due [...]

Have your rights been violated?

It is common to feel intimidated, powerless, or even scared when you’ve experienced discrimination or had your civil rights violated. There are laws to provide protection. Civil Rights cases are usually very fact sensitive. This requires a close analysis and investigation into the particular facts of your situation. If you believe [...]

Can I negotiate my own insurance claim?

Let’s say you are involved in a car crash. Do you work with the insurance company to try to resolve your claim or do you hire a lawyer to help you? Well, it depends. The best advice I could give you is to talk to a lawyer. You very well may be [...]

Involved in a Car Crash Without Insurance? Here’s What To Do

Whether or not a driver has insurance on their vehicle at the time of the crash has no bearing on who is responsible for the crash. Fault is determined by looking at the actions or inactions of the drivers. Driving without insurance may result in a driver’s license suspension, but [...]