Indiana Personal Injury Legal Questions

You may feel that this is the way it should be handled, but the law only requires that the notice of suspension be sent to your address as it exists on BMV records. You might want to check your driving record, which shows where they sent the Notice of Suspension, before considering legal action.... Read More

Assuming you are looking in to recovering for your son's injuries suffered while incarcerated, you would want an experienced personal injury attorney.  Suing correctional facilities for their negligent acts requires an attorney experienced in that area.  My partner, Jon Abernathy, has represented numerous clients who were injured while incarerated in Indiana.  He can be contacted at 1-800-625-4710 for a free case evaluation.... Read More

Under Indiana Law, you can't sue your employer directly for a personal injury.  Your only remedy is worker's compensation, which it sounds like paid you for your medical expenses and permament injury.  HOWEVER, you can sue a third party for negligence for an injury caused at work.  In this case, you mention that the spoon hook broke (malfunctioned?) and therefore the manufacturer of that piece of equipment may be responsible for your injuries, as well as any pain and suffering that you experienced.  You also mention that the accident happened 2 years ago.  Hopefully, it was less than 2 years ago because you have EXACTLY 2 years from the date of the accident in which to file a lawsuit.  If you do not file the lawsuit within the 2 year statute of limitations, your claim is forever barred.  If you have futher questions, please contact me for a free evaluation of your claim.... Read More

Dear Anonymous,   Without more detail, it is difficult for me to answer specifically.  In the worker's compensation arena, there are specific statutes about the compensibility of the loss of specific body parts.  However, if this was just a friend helping a friend, then worker's compensation may not even apply.  This could be a case of negligence for a personal injury.  If that is the case it would be important to know who might have been at fault for causing the injury, or whether it was a dangerous product that may have been misused or malfunctioned.  If you have additional details, and would like a free case evaluation, you could have your friend contact me.   Chip Clark... Read More

It seems very unlikely that any school will try to keep all of its students from using any bathroom at any time between 8AM and 3pm. I would not worry about the legality, and would worry about the practicality of that. Maybe a little public pressure would help to alleviate the internal pressure all the students must be having.... Read More

This is very confusing, but your organization has no duty to insure you for anything. Since the organization is presumably not the insured for purposes of YOUR insurance policy (that is you), the exclusion quoted would not affect you. If you have more issues, this is something you need to pay an attorney to fully answer by reading your bylaws.... Read More

It doesn't matter now. The best advice is to go on with your life and not dwell on whether the decision was right or not. All you could do is pay an attorney for investigating and giving you an answer, but the attorney can't really do anything about it. There is no way for anyone on this site to tell you whether this was fair or not based upon the limited facts provided.... Read More

Dear Anonymous:  It was not immediately clear from your inquiry whether it was your daughter who was operating the ATV involved in the accident, or whether it was someone else's daughter and you are writing on behalf of the passenger who received injuries.  In any case, this claim should be submitted to both automobile and homeowner's insurance, as coverage under either or both policies may be triggered. If you are writing on behalf of the injured passenger, please know that our law office handles ATV and off-road vehicle cases.  We would be glad to discuss the facts of this incident with the injured party to determine whether there is a potential negligence claim against the daughter and/or her parents.   If, on the other hand, you are a parent of the daughter who was operating the ATV at the time of this incident, it would be wise to report this claim to any insurance company that provides personal liability coverage to your family. Best wishes, Lance R. Ladendorf Ladendorf Law (317) 842-5800... Read More

Dear Anonymous: If you are considering bringing a claim for personal injuries on behalf of the child against the school, there are several things you will need to be mindful of.  For one, there are only certain people who have the ability to sue on behalf of a minor, and a Guardianship would likely need to be set up.  Second, if the school is a public school, you will need to comply with the strict requirements of the Indiana Tort Claims Act, see I.C. 34-13-3.  Failure to timely meet the requirements can bar any subsequent action against the school.  Finally, a thorough investigation will need to be made in relation to the incident to identify any and all culpable parties as well as potential witnesses.  This list is not exhaustive by any means.   These cases are fraught with peril for the unfamiliar.  I would highly advise you contact an attorney or law firm that has experience pursuing tort claims against schools and other municipal entities.  To that end, our staff would be glad to learn more information and determine whether we are in a position to assist you.   Best Regards, Lance Ladendorf Ladendorf Law... Read More

The questions cannot be answered with a simple yes or no. Generally you are not responsible for the negligence of your children. You would not be responsible for the negligence of your girlfriend's child. This child sounds like an adult under the strict definition of the law since he is over age 18. However, you could be responsible for his negligent operation of a motor vehicle if you negligently entrusted an automobile to an obviously intoxicated person. I suggest you contact your homeowners or auto insurance company and ask them the questions you have submitted on this forum.... Read More