Indiana Personal Injury Legal Questions

You may if the broken teeth originated from a food item and the restaurant was negligent in the way the food was prepared. You should consult with a plaintiff's lawyer who handles legal matters and tort cases against restaurants and other food establishments for specific legal advice and direction... Read More

You have a claim if the food contained a foreign object that should not have been there. You should fill out an incident report with the restaurant and contact their insurance company. If you cannot get the company to pay for your medical and dental bills, you should contact a personal injury attorney.... Read More

If you suffered injuries as a result of a misdiagnosis, then you can file a claim for medical malpractice in Indiana. Remember that the claim must be filed within 2 years of the misdiagnosis and must be filed with the Indiana Dept. of Insurance. You should consult with a medical malpractice specialist as soon as possible.... Read More

For insurance purposes, it is always a good idea to request that a police report be created, even if it is after the fact.  If you have the other driver's insurance information, you should contact them to open a claim.  Do not sign any release from the insurance company until you are sure that you have recovered from your injuries.... Read More

Dear Anonymous, Your question suggests you were injured by someone else, and their insurance company would be responsible for paying for your injuries.  Assuming that is the case, you need to make sure that the insurance company is aware that you were injured.  You definitely want to be proactive in this process, and that is where a personal injury attorney can help you.  Keep in mind that the insurance company is not going to readily pay a claim if you are not pursuing it.  Also, in Indiana you have two years from the date of your accident in which to file a lawsuit against the responsible party.  If you miss that deadline, you may be prevented from ever recovering anything for your injuries.  If you have specific questions about the process of filing a claim with the insurance company, or would like some advice about the value of your claim, please call me for a free consultation. Very truly yours,   Chip... Read More

What I think you are asking is whether the doctor's opinions will be admissible in court.  In order for an expert medical opinion to be admissible, first the doctor would have to come to court and testify as to what his or her opinions are.  The documents themselves are not admissible without a witness who can be cross-examined about the information contained therein.  Indiana Rules of Evidence 702 and 703 address opinions and testimony by expert witnesses.   IRE 702 provides as follows: (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. (b) Expert scientific testimony is admissible only if the court is satisfied that the expert testimony rests upon reliable scientific priniciples. IRE 703 states: An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.  Experts may testify to opinions base on inadmissible evidence, provided that it is of the type reasonably relied upon by experts in the field.    If you have addional questions about the admissibility of evidence, you should contact an experienced personal injury attorney.  ... Read More

Dear Anonymous,   I am sorry to hear of your fall.  A public venue has a duty to keep the premises reasonably safe for its invitees.  Depending on the severity of the condition, whether the defect was open and obvious, the landlord may be responsible for your injuries.  However, irrespective of who may be at fault, most commercial general liability insurance policies have a medical payments provision.  I would make sure you report your fall and your injuries to the venue, and make sure they put their insurance company on notice of your fall and subsequent injuries.  This coverage can be used to pay for any medical expenses that you incur.  Usually the limits of medical payments coverage are fairly small, although not always.  Hopefully, you will recover from your injuries very quickly, but in the event you do not, you may need the help of an experienced personal injury attorney to assist you in dealing with insurance companies, medical providers, etc.  If I can be of any assistance, please do not hesitate to contact me for a free consultation.   Best, Christopher E. "Chip" Clark... Read More

Yes, it will be difficult. You will need an expert witness to prove that the medication caused the nerve damage. Then there is a question as to what you will be able to do with that evidence, for example if you are thinking of bringing a malpractice action against the dr or a products liability lawsuit against the manufacturer of the medication.... Read More

 I am going to need to get some more specifics from you regarding your fall, but as a general rule, the hospital has a duty to keep its premises safe from defects which might cause someone to be injured.  There are a lot of other things that would factor in to whether the hospital is responsible or not.  I will be happy to discuss the specifics of your case and give you my free evaluation.... Read More

Dear Anonymous,   Indiana's statute of limitations for torts is two years from the date of loss.  You must file your lawsuit in a court of competent jurisdiction within two years or otherwise your claim will be forever barred, and you will not be able to recover anything for your injuries.  There are some exceptions to the two year statute of limitations, but they are very limited.  If you are getting close to the 2 year anniversary of your injury, I recommend that you speak to an experienced personal injury attorney about your case.   Best of luck,   Chip... Read More

The fee is of gross. The atty may very well have no ability to control the amount of bills paid, expenses paid, liens paid and subrogation interests. They may eat up a good part of any settlement, and they are not the atty responsibility. The possible conflict you raise is another matter. discuss that with your lawyer... Read More