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Indiana Personal Injury Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Wondering how hard it is to prove medical malpractice; misdiagnosis on grounds of profiling and discrimination

I am currently speaking and possibly seeking an attorney to hire regarding A misdiagnosis, as well as mistreatment/ discrimination that led to me almost becoming paralyzed or even possible death. I am an addict and during a long length of sobriety I had my medical history flagged to not administer... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Due to the nature of medical malpractice cases, most attorneys will not take on medical malpractice case unless there is significant harm caused by the malpractice (for example, what further damage was done during delay). Pain, even horrible pain, may not be sufficient for an attorney to take a... Read more »

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1 Answer | Asked in Personal Injury for Indiana on
Q: What documents do i need to file with the court when a mediation settlement agreement has beed reached?

I am representing myself in a personal injury lawsuit in Montgomery County Indiana. A mediation settlement agreement was reached between me and the defendant. I am unsure of what documents needs to be filed if any with the court. Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

An Indiana attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney as to a complete inventory of closing papers needed, one of the primary documents used nationwide to conclude settlement of a claim is a release form. A release... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have... Read more »

Charles Candiano
Charles Candiano
answered on Mar 7, 2023

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not...
Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: If a car hits someone on a scooter is the person on the scooters fault cause impd said it shouldn't be on the streets
Tim Akpinar
Tim Akpinar
answered on Feb 28, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It depends more on the manner in which the accident occurred and how the scooter was operated. If the scooter shouldn't have been on the streets, a court could look at that point. But in general, that might... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... Read more »

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: the witnesses are lying on me, and said I got hit on purpose, so nobody will accept the case

I,ve talked to few lawyers and they keep dropping out

Charles Candiano
Charles Candiano
answered on Oct 12, 2022

You don't give us a lot to go on so I'll begin at the beginning. Personal injury attorneys work on a contingency which means that they do not get paid unless they win. Regardless of the reason, if witnesses are claiming that you are responsible for an accident, a judge, jury, or... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: my car worked on and when I got the car back I had cut my finger from a razor blade that was left in my seat.

Is there anything legal I can do

Charles Candiano
Charles Candiano
answered on Aug 11, 2022

You must be able to prove that the repair shop was responsible for placing the razor blade on your seat. That may not be easy unless you can demonstrate that you were charged for some procedure in the interior of your car that would have required or may have required use of a razor blade. You... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: My neighbor planted Oelander on an easement close to street where lots of neighborhood children and elderly walk, in IN

It is poisonous to the touch. Can I make them remove it?

Charles Candiano
Charles Candiano
answered on Aug 5, 2022

All parts of the plant are highly poisonous. If you are positive of the plant's identity, your neighbor must be a moron. Nobody would want to assume the liability for causing serious illness or death to humans and pets, irrespective of their age. If it is their property, they have a right... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: Can you drive car without driver side mirror I only l have passengers mirror can you get pull over for I?

Indianapolis

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 8, 2022

Can you drive? Yes, but it's not legal and you could get pulled over for it. Just be careful and perhaps go get a driver's side mirror.

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: Workplace mental health issue

I have a question: I was working at a local small government entity as a director. The outgoing director and I formed a strong friendship that ended with a emotionally charged discussion between us before they left. In the course of this discussion, the person said, “I hope you don’t hang... Read more »

Charles Candiano
Charles Candiano
answered on May 24, 2022

At the time of the comment, you are both acting in your official capacity so Worker's Compensation would be your sole remedy. That said, Indiana's Worker's Compensation law does not recognize psychological injury so I honestly do not see any viable cause of action. I would urge you... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Employment Law and Personal Injury for Indiana on
Q: I was assulted and injuried by my manager at work what can i do.
Jason Reese
Jason Reese
answered on May 23, 2022

You should consult an employment attorney right away regarding your rights under Indiana law. You may have claims against your employer and/or a worker's compensation claim for the injuries you sustained.

1 Answer | Asked in Personal Injury for Indiana on
Q: Mistakenly mismarked my exhibits in a motion for waiver of objections i filed can i amend this motion to correct?

I'm representing myself in a personal injury lawsuit. I filed a motion to waive objections that defendant provided to me in their answers to my Request for a 3rd set of Interrogatories and request for Production. I discovered that i had mistakenly mismarked my exhibits and i need to fix this... Read more »

Charles Candiano
Charles Candiano
answered on May 6, 2022

There is a very old saying that the individual who represents themselves has a fool for a client. I don't mean to be flippant but you are going out of your way to prove the adage. You need to hire a legal professional for the same reason that you do not drill your own teeth or paint your own... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: I am trying to find out if there was some type of violation that occurred involving a personal injury statement.

The father of my children, who lives in KY, was in a car accident and received an 80K settlement. He has owed back child support for about 10 years and from everything I read child support should have intercepted the settlement. So, something got out of order. I know that this was settled outside... Read more »

Charles Candiano
Charles Candiano
answered on Mar 30, 2022

If the claim was settled before a lawsuit was filed, child support would've had no way of knowing about the claim. The attorney who handled the claim would have had no way of knowing that a child support lien existed unless his client told him or the attorney was notified by child support.... Read more »

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Indiana on
Q: Can I stay after eviction n also appeal I didn't n couldn't make court this landlord throwing me out
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2022

I'm sorry your question remains open for two weeks on such an urgent matter. This is something that an Indiana landlord-tenant attorney would have insight into. The question was overlooked under Personal Injury and other categories. If you haven't done so already, you could reach out to a... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Indiana on
Q: Can you still sue for losses if they changed power of attorney over if it happened before they changed power of attorney

In other words can you pursue their assets if it happened before they changed power of attorney over

Charles Candiano
Charles Candiano
answered on Mar 17, 2022

You posted this under landlord-tenant law but you are asking about a power of attorney. You need to provide more details before anyone can provide a meaningful response. Questions that you should address when you repost this include:

Are you the tenant or the landlord?

How are you...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: My 17 yr old was in an accident, Can the parent be sued if the policy is not enough to cover medical bills?

My 17 yr old was involved in a car accident, she was found at fault for failing to yield on a left turn, the other driver was speeding and had no seat belt on and was severely injured. My policy limits will probably not cover the cost of his bodily injury. What happens in a case like this? Can I be... Read more »

Charles Candiano
Charles Candiano
answered on Mar 15, 2022

Technically, yes. Practically, no. Remember this and increase your coverage in case you or a loved one is injured by an uninsured driver or someone with minimum coverage.

The injured party absolutely can sue you and your child. Here's the problem. Your insurance company is willing...
Read more »

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... Read 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... Read 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... Read more »

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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... Read more »

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