Indiana Recent Legal Answers from Lawyers

Chapter 13  should eliminate all income tax debt because you will be required to pay any priority taxes 100% in the Chapter 13 and any nonpriority taxes would be discharged (assuming you complete all the required plan payments). Priority taxes are essentially those which are owed for years in which the tax returns were last due to be filed more then 3 years prior to filing the bankruptcy case or assessed within 240-days prior to the case being filed, or that are still assessable after the case is filed.  There are certain events which extend these time periods, such as having an open offer in compromise.  ... Read More

Parents are the natural guardians of their children.  If CPS has not placed your daughter with someone else, take her birth certificate to the police and go get her.  Contact a Family Lawyer.  That someone has filed for "emergency guardianship" does not mean that a judge has awarded it.... Read More

That depends on (a) what the claim is; and (b) what jurisdiction governs the statute of limitations, which is not always the same as the jurisdiction in which suit is brought.  Assuming that this "event" is governed by Indiana law, most tort statutes of limitation in Indiana are two years from the accrual of the claim.... Read More

If your employer is changing clock time in an effort to avoid paying you for hours worked, it is likely a violation of both Federal and State law.  For example, if your employer is changing clock time to avoid paying overtime hours, that would be a violation of the Fair Labor Standards Act.  If you and your co-workers are being cheated out of time, and therefore money, you should contact an employment attorney to assist you with the recovery of your wages.  Most wage and hour laws allow for the collection of attorney's fees from the employer, so there is no cost to you.  If you would like to discuss your case in more detail, please feel free to give me a call.... Read More

Social Security Disability Insurance (SSDI) is not a [financial] needs-based benefit but your Social Security retirement benefit made available earlier because you are disabled.  Be sure that you are not receiving even $1 of Supplemental Security Income (SSI).  That is a needs-based benefit with Ticket to Work provisions and other restrictions.  If you are, please note that through 2025, you can earn more.  You can also contribute to an ABLE Account.   Your safest course may be to consult with a member of the National Academy of Elder [and Special Needs] Attorneys.  You can use the Find a Lawyer function on the organization's website (www.naela.org)... Read More

Under Indiana Law, when a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day.  These are referred to as Temporary Total Disability (TTD) benefits and are 2/3rds of your average weekly wage.  I would suggest you contact my partner, Karl Popowics, who is a very experienced workers compensation attorney.  He will be able to answer any questions you might have.  317-843-2606.... Read More

There are three questions here.  First, is what you plan to do barred by your contract.  That question can’t be answered without knowing what the specific contract provides. Sime non-competes only prohibit solicitation of the former employer’s customers, others are far broader.  You need to review (or have a lawyer review) your contract.  Assuming the contract prohibits what you want to do, the second question is whether it is enforceable.  Non-competes are viewed suspiciously by the courts and are not always enforced, but there is no hard and fast rule about what will be enforced.  It depends on such factors as the length and breadth of the restriction, the type of employee and industry involved, the degree to which the employer’s confidential information is involved, the time and expense the employer put into acquiring any information the employee would be using and/or in training the employee, and many other factors.  Finally, if the court considers the contract to be unenforceable but not too oppressive, it may “blue pencil” it, that is the court may enforce a narrower form of the non-compete, for example enforcing it for 1 year instead of 2, or over a 2 mile geographical area rather than 10 miles.  The broader the provision, the more likely the court is o Todd the whole thing out, rather than edit it. ... Read More

Jen, In Indiana, with some limited exceptions, you have 2 years from the date of the accident to file a lawsuit.  It sounds to me like you may have something more serious going on than just a soft tissue injury.  I would not be comfortable settling your case until you have been to a doctor and confirmed that the tingling and loss of arm strength is not something more serious, like a herniated cervical disk.  You only get one chance to settle your personal injury claim.  For example, if you were to accept the insurance company's current offer, and six months from now an MRI reveals that you need surgery, you can not go back to the insurance company and say you want more money to cover the cost of that surgery.  If you have questions about your claim, or would like to speak to an experienced personal injury attorney, please do not hesitate to contact me.  Consultations are free. Best, Chip... Read More

If he was an employee you potentially have a claim against him and the employer (race track).  You need to speak with an attorney asap and do not speak with anyone from the race track or their insurance unitl you do.  The damages would include the medical expenses, permanency, if any,  pain and suffering and lost wages. ... Read More

it is impossible to give a fair amount to settle wihtout reviewing the entire file.  Would need to consider fault, permanacy, review medical records etc.  If you have a laywer discuss with them.  If not you may have made a mistake trying to settle without an attorney and may have damaged your case.  If you are not represented stop communication with the defendant and call an attorney.... Read More

Whatever choices we make, we can never be sure they are right.  But you can get more information, and maybe more help.  Visit your local Area Agency on Aging and contact an elder law attorney using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

Your family may have a decent case, depending on any pictures that you have taken to document the funeral home misconduct. Did you take pictures? Keep in mind that most states have laws that allow only certain family members to have standing to sue. Generally, the spouse and the children have claims in most states. Indiana may or may not follow that general rule. I have done many of these cases throughout the country and each is fact specific. Discuss in private with counsel.  I WORK ON CONTINENCY FEE!!... Read More