Lawyers, Answer Questions  & Get Points Log In
Indiana Personal Injury Questions & Answers
1 Answer | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Indiana on
Q: Does the dog owner still have to pay the full vet bill from a dog attack if you made a Fundraiser for emergency help?

My dog was attacked we emptied our bank account to pay the bill because the owner of the other dogs couldn't pay upfront. I got a fundraiser to help us in our time of need. Now she feels she doesn't have to cover the full amount. Is she still entitled to pay the full amount?

Charles Candiano
Charles Candiano
answered on Mar 5, 2022

To be "entitled" is to have the right. She has the "right" to pay but NOT the obligation. The fundraiser collected money for the dog's vet bills. That money MUST be used to pay the vet. She is obligated to pay ONLY the shortfall between what you raised and what you... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Libel & Slander for Indiana on
Q: I just got a notice from the plaintiff for a deposition. A hearing for a motion to dismiss is scheduled. Do I go anyway

It is a civil tort case. The plaintiff served me by publication and I have yet to see his original complaint, yet still just got sent a notice for deposition. The plaintiff even included costs of deposition. Do I have to go? There’s a hearing for a motion to dismiss scheduled and the courts... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2022

If you are the defendant and you filed a Motion to dismiss, you must be represented by counsel. ASK YOUR ATTORNEY. In general, refusal to obey a subpoena places you in contempt of the court that issued the subpoena. Failure to obey the subpoena can result in multiple penalties which may include... View More

View More Answers

1 Answer | Asked in Personal Injury for Indiana on
Q: I need a format for a claim of pain and surrering and misuse of federal guidlines and l8tigations
Charles Candiano
Charles Candiano
answered on Feb 23, 2022

If you are planning to sue in Federal District Court and you are looking for a " Form," it doesn't work like that. Moreover, the Court will NOT be charitable enough to wade through more than a sentence that is as badly written as your question. I am not criticizing so much as... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: Is it malpractice if my specialist has not ordered a refill of a medication that is very dangerous to stop cold turkey?

I take pregablin for fibromyalgia. I called for my rheumatologist to send a refill to my pharmacy on Friday, called again Monday & they called back stating he couldn't get it to go through his computer. They offered to 'try again tomorrow'. I called today & the phone nurse... View More

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2022

An Indiana attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. Your best option to determine the merits of a potential case would be to reach out to med mal law firms. However, despite the anguish you experienced, if the damages you sustained were... View More

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Indiana on
Q: I just need an attorney on this car accident that hit the back of a semi and I was the passenger in the car is still wit
Timothy Rowe
Timothy Rowe
answered on Feb 5, 2022

Were you injured in the accident? It is important you seek immediate medical treatment for all injuries in the crash. Even though you were a passenger, you can seek reasonable compensation which includes lost wages, pain and suffering, loss of enjoyment of life, medical bills, and the nature and... View More

View More Answers

Q: What is criteria to file a malpractice claim in the state of Indiana?

The doctor misdiagnosed my injury, delayed my treatment, and altered my restriction paperwork with my knowledge. Which I believe all of these act to be intentional base on audio recordings of our conversation ( the doctors contradictions on treatment) this was all due to my former employer who... View More

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2022

An Indiana attorney could advise best, but your question remains open for a week. Until you have a meaningful consult with an Indiana attorney based on state-specific elements of law, the criteria for med mal claims are fairly standard throughout the nation in the most general sense. The criteria... View More

3 Answers | Asked in Personal Injury for Indiana on
Q: Had accident in dump truck I own 4 months after divorce filed is X entitled to any money I receive because of accident
John Paul Young
John Paul Young
answered on Jan 24, 2022

This answer is based on Indiana Law.

If you are asking whether your ex spouse is entitled to any money for the damage to the dump truck, that depends. If her name is on the title then yes the spouse would be entitled to funds commensurate with the spouse's ownership interest in the...
View More

View More Answers

1 Answer | Asked in Personal Injury for Indiana on
Q: can I get power of attorney after signing settlement agreement without fully understanding it?
Charles Candiano
Charles Candiano
answered on Jan 15, 2022

Please re-post your question in a more coherent fashion. What you ask is not what you mean. I cannot divine what you were thinking or I would simply answer your question. You NEVER have a right to get someone's power of attorney.

If you are asking whether you can void a settlement...
View More

1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: My bank received a subpoena for an account I am on with my son. My name was listed on the subpoena as well as his.

He is the one they are investigating. Were my rights violated? Were my sons? We were not given a copy of the subpoena and only know because I work here. And everyone knows!

Charles Candiano
Charles Candiano
answered on Jan 10, 2022

How can your rights be violated by a Subpoena? The Subpoena was NOT issued to you, but rather to your bank so your bank received the subpoena and apparently responded to it as they must.

1 Answer | Asked in Personal Injury for Indiana on
Q: If you sign a legal document , and get a copy of it but there is new stuff on it I didnt agree to? Is it null and void?

It was a settlement agreement, When I got hit by a car in the crosswalk. The lawyer changed how the money is being split up. I did not agree to pay any of my doctor visits.

Charles Candiano
Charles Candiano
answered on Nov 11, 2021

Talk to your attorney. If a medical provider sends a lien to your attorney, the attorney CANNOT make any distribution until the attorney strikes some agreement with the lienholders or YOUR ATTORNEY would be personally liable for the amount of the lien.

When an attorney conveys a settlement...
View More

1 Answer | Asked in Personal Injury for Indiana on
Q: I thought I got assaulted but it was an accident come to find out. Can I drop charges?

I have severe ptsd (I have documents from my doctor to prove this) from a previous abusive relationship. I was half asleep when it happened. It was dark. And my back was turned. I panicked and went into a panic attack and called 911. He even said "I didn't see you there I'm sorry why... View More

Charles Candiano
Charles Candiano
answered on Nov 8, 2021

There is a BIG difference between honestly reporting an assault in error and perjuring yourself to stay in an abusive relationship where the police are used as pawns. Tell them, honestly, how you must testify.

Please understand that Prosecutors and police waste way too much time on...
View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Personal Injury and Contracts for Indiana on
Q: having persistent issue of sewers backing up into home for over 5 years in a row, i own the unit , an rent the land
Charles Candiano
Charles Candiano
answered on Nov 7, 2021

I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Indiana on
Q: How to find an attorney for malpractice tort?

I filed a complaint with attorney general's office Indiana about sub standard treatment. Which resulted in harming me more. Consequently, the outpatient clinic retaliated. Their actions didn't just exclude being treated by their facility, it effectively denied me treatment at any... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2021

Only an Indiana attorney could advise here because statutes of limitations for med mal and other actions are governed by state law, but your question remains open for a week. You may want to consider reaching out to a local attorney to discuss in detail, and examine the legal theories on which you... View More

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Need advice on insurance company trying to claim our statute of limitations ended in Indiana over an accident.

Their client was at fault, been trying to get a reasonable settlement outside of medical liens, and Selective insurance is now trying to say they don't owe us anything because we couldn't come to an agreement on what was a fair amount to resolve the issue.

Charles Candiano
Charles Candiano
answered on Oct 9, 2021

If your accident occurred on or before 10-08-19 and you did NOT file suit on or before 10-08-21, the Statute of Limitations HAS run and you have no right to recover anything. This is yet another reason why you should have hired an experienced personal injury attorney. If the attorney missed the... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Products Liability for Indiana on
Q: Why would an insurance company offer to "resolve" the claim with payment after the claim was denied?

I am the third party in a product liability insurance claim. My claim was denied and I appealed the decision and it was denied again but have continued contact with the claims adjuster. Yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2021

An Indiana attorney could advise best, but your question remains open for a week. It's really anyone's guess why they want to resolve the claim all of a sudden. One possibility is that the claims adjuster needed additional information to evaluate the claim. And speaking with their insured... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: I have a medical malpractice lawsuit going on since January 2020 and my attorney does not share anything about my case?

My attorney has all my information, records, testimonials, and more I have depression and anxiety not to mention the injury from the medical malpractice I have to always seek him and when I talk to him all he says is we're waiting and I have been since January 2020 I don't know the... View More

Charles Candiano
Charles Candiano
answered on Oct 1, 2021

If suit was filed in January, 2020, you may or may not have secured service of process before the Courts closed. All Indiana Civil Courts were closed for several months. Case activity depended heavily on jurisdiction and whether the Parties were comfortable with Zoom or other electronic media... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: My granddaughter was hurt at school Thursday and I wasn't notified or no note sent home she did she the school nurse

Took her to doctor she has a broken arm had to take her to orthopedic for cast and appt next week if not healing properly she will need surgery

Charles Candiano
Charles Candiano
answered on Sep 12, 2021

Though certainly appropriate, the school has no duty to notify you. Moreover, you offer no facts to suggest that the school was responsible for her injury or that the delay in medical care resulted in further harm. If the school caused your child's injury or the delay made the injury worse... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano
answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Internet Law for Indiana on
Q: I got a question so as a victim do I have to testify at a bail revocation

Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial

Charles Candiano
Charles Candiano
answered on Aug 22, 2021

Only if you want his/her bail revoked.

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: How long of Malpractice can you sue?

When I was 15 I was pregnant. I told the OBGYN (In the office every visit you saw a different OB it rotated between 2 OBGYN and 1 Midwife. I spoke to 1 and stated I did not believe I was as far along as stated and requested another ultrasound. It was denied and the head OBGYN stated he'd... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2021

Only an Indiana attorney could advise, but your question remains open for a week. I'm sorry for your ordeal with the case and for the loss of your father. Statutes of limitations are governed by state law, which is why only an Indiana attorney could advise. Some states do have tolling of... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.