Indiana Personal Injury Legal Questions

Too many unknown facts to really give you an answer--more information is needed--be mindful though that although the medical bills are or have been paid, reimbursement to your health insurance carrier or auto med. pay carrier will need to happen--once you settle to case you cannot re-open it for additional medical costs--did your wife have an MRI?? The statute of limitations is 2 years in Indiana--please be aware of this--also if a governmental agency is involved a tort claims notice must be sent out--good luck.... Read More

I am sorry to hear that you were involved in this accident. I hope she makes a quick and full recovery. Because of the severity of your daughter's injuries and the nature of the accident, I suggest you immediately consult with a personal injury specialist. You should ask a close friend, a relative or a trusted professional for a reference. You can expect that the insurance companies for the other car and for your best friend will point the finger at each other. However, one thing is for sure - your daughter was in no way at fault for the accident and should be fully and fairly compensated for all the losses and harm she has suffered. This includes medical bills, future medical bills, pain and suffering, any permanent injury, and the value of your time in caring for your daughter while she recovers from her injuries. Again, consult with a highly recommended personal injury specialist and all the legal issues should be taken care of.... Read More

Dear Anonymous,   You are entitled to compensation for the loss of your finger.  Depending on how much of your finger was lost you may be entitled to more money, but there is no requirement that you lose more than one finger in order for your injury to be compensable.  The Indiana rules specify, subject to interpretation, just how much you would be entitled to depending upon how much of your finger was amputated.  For example, you would be entitled to more compensation if your finger was severed below the first knuckle than if you just lost the tip of your finger.  Because the rules are subjective about how much you are to receive based on severity of the amputation, it is important to seek out legal counsel to help you through the process.  If you have specific questions about your case, you could contact my partner, Jim Browne, who deals with these types of injuries routinely.   Very truly yours, Chip Clark... Read More

It does not sound like the homeowner had anything to do with your fall.  However, a homeowner has an obligation to make sure that you have proper insurance coverage before allowing you to work on their property.  Because the homeowner did not do that, and you were injured on their property, you may have a claim against them.  It is also possible that their homeowner's insurance policy may exclude coverage for an injury such as yours.  Therefore, it is important that you contact an attorney who practices in the area of personal injury law who is knowlegeable about insurance coverages.  It is possible that the homeowner's insurance policy will have medical payments coverage ("Med Pay").  Med Pay should pay for medical treatment up to a set limit of coverage, usually $5,000, without regard to who was at fault for the accident.  ... Read More

Slip and fall cases can be very difficult to prove and are very fact specific.  Wal-Mart invites customers in to its stores and therefore has a duty to make sure that they are reasonably safe.  This would include keeping the floor free of water or other foreign substances that might make them slippery.  As a patron, you also have a duty to maintain a proper lookout while you are navigating your way through the store.  Water is often difficult to see when it is on a hard surface making it particularly dangerous.  There are many factors that would influence whether Wal-Mart was at fault, such as: How did the water get there?; How long had it been there?; Were there any signs warning customers of a wet floor?  In order to determine whether you have a viable claim against Wal-Mart, you should contact an experienced personal injury attorney and get an evaluation of your claim. Note:  This general response does not constitute legal advice, nor does it create an attorney client relationship.... Read More

Under Indiana law, you can make a claim against your neighbor if your neighbor has funneled or channeled water in such a way as to increase the run-off onto your property and that has caused damage. I suggest you discuss the situation with your neighbor first and ask him or her to fix the problem. If that does not work, you should contact a lawyer in your area that is familiar with riparian rights (water law).... Read More

If you look only to insurance coverage, then it would be split up among the injured persons. There would be negotiation on the percentage distributions. You might want to sue the at fault driver, get a big judgment and try to collect other than through insurance coverage. You are not required to accept any settlement offer, but most lawyers would want to settle for the insurance coverage unless the at fault driver had significant assets or income to garnish. The liens of medical care providers can be negotiated, but you need to be careful on those.... Read More

You case, like most cases of negligence, is very fact specific. The company has no common law or statutory duty to assist you in loading the tractor. I doubt they have a contractual or assumed duty to assist you. So, my initial impression is that you would likely have no claim against them. However, if the young worker was helping you load the tractor and all of a sudden, without warning, left you to do something else, you might be able to make a claim for negligence. You should consult with an experience personal injury attorney in your area. Be aware that Indiana has a 2 year statute of limitations on personal injury claims.... Read More

Vaccination cases are very unique, and require an attorney admitted to practice in the United States Court of Federal Claims.  The National Vaccine Injury Compensation Program ("Vaccine Program") comprises Part 2 of the National Childhood Vaccine Injury Act of 1986 ("Vaccine Act"). See Pub. L. No. 99-660, 100 Stat. 3755 (1986) (codified as amended at 42 U.S.C. §§ 300aa-1 to -34). The Vaccine Act became effective October 1, 1988. It establishes the Vaccine Program as a no-fault compensation program whereby petitions for monetary compensation may be brought by or on behalf of persons allegedly suffering injury or death as a result of the administration of certain compulsory childhood vaccines. Congress intended that the Vaccine Program provide individuals a swift, flexible, and less adversarial alternative to the often costly and lengthy civil arena of traditional tort litigation.  If you believe that your daughter's death may have been the result of a vaccine, please contact us for a free consultation.... Read More