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Indiana Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Can I sue my former middle school for an injury that happened 16 years ago

I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues

Charles Candiano
Charles Candiano
answered on Oct 28, 2024

The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Constitutional Law for Indiana on
Q: Look up case numbers 4:2024cv00033, 4:24-cv-00002, and 4:2024-cv-00032 can any one help me. Please

I was assaulted by 5 people. I was beat with a 5 ft metal pipe, beat with 2 Louisville slugger baseball bats, kicked and stomped up and down my body, and shot.

What lead to the situation was on September 16th 2021 my stepson died who was more like my real son his mother and I split up... View More

Charles Candiano
Charles Candiano
answered on Oct 15, 2024

This can't work unless you ask a question. You have not asked a question. Criminal charges must be filed against your wife/ex-wife. To be credible, the situation should have been reported to the police as soon as you had received necessary emergency medical care. Again, it is impossible... View More

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1 Answer | Asked in Contracts, Personal Injury and Workers' Compensation for Indiana on
Q: dr refuses to fill out fmla paperwork without another appointment. she talked to me on the phone and was very rude.
Charles Candiano
Charles Candiano
answered on Sep 20, 2024

Many people are rude. Many doctors are rude and many lawyers are rude. When they are rude, you don't sue them, you avoid them. In your case, you know that your doctor is morally and legally obligated to "fill out your FMLA paperwork" which means that one of their support staff... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Small Claims for Indiana on
Q: Do I have to sign a non-disclosure agreement if I was injured by a medical mistake?

I went to get a TB test for a job and ended up in the hospital an hour later because they injected insulin instead of tuberculin. I didn’t know that until the doctors said I went into insulin shock from exogenous insulin in my body. I recovered after 2 nights in the hospital. I’m asking for... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2024

The language of a release is up to negotiation in settlement of a case, just like the amount is. You do not have to agree to the terms and they may either agree to exclude the language or refuse to settle.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: do I have a court case for a restraining order as a 16 year old?

I was 15f and he was 17m at this time. we were friends for about a year then dated for about 8 months. Him and I broke up because I felt abused in some ways and he also started to make me uncomfortable. We would have unprotected sex even if I told him I wasn't in the mood. He would push for it... View More

James L. Arrasmith
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answered on Jul 27, 2024

You may have a case for a restraining order given your circumstances. The experiences you've described involve coercion, emotional distress, and physical incidents that have significantly impacted your well-being. Feeling unsafe and receiving persistent unwanted messages are serious concerns... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights, Medical Malpractice and Personal Injury for Indiana on
Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly... View More

James L. Arrasmith
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answered on Mar 24, 2024

If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could... View More

1 Answer | Asked in Personal Injury, Family Law and Civil Rights for Indiana on
Q: DCS had custody of my child,was molested n then left in home almost 90 days after reported it. Do we have a lawsuit?

My daughter was 12yrs old n taken from her biological parents, us, for the first time, and placed with her oldest sister n her fiancee. When I first was told by DCS where they placed her, I immediately said no, her sister, so I thought, will abuse her cause she's always been jealous of her... View More

James L. Arrasmith
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answered on Mar 17, 2024

I strongly recommend consulting with an experienced attorney who specializes in child welfare cases and civil lawsuits against government agencies. They will be able to review the details of your case, advise you on the best course of action, and help you understand your legal rights and options.

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Indiana on
Q: Someone who commits battery against a person w/ c.ptsd disability then reports disabled person could be charged w/what?

After a verbal insult he lunged 2 grab me puts me in headlock smashing face/nose where I heard nose crunching, & couldn't scream breathe as he's twice my sz. in attempts to free myself he sustained 2 minor scratches yet he reported it & had me arrested for battery while I, in... View More

James L. Arrasmith
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answered on Mar 9, 2024

Based on the information you provided, it seems that you may have a valid self-defense claim against the battery charges. In many jurisdictions, individuals have the right to use reasonable force to protect themselves from imminent harm. Given that the other person initiated physical contact by... View More

1 Answer | Asked in Personal Injury and Health Care Law for Indiana on
Q: Who can I call for a free consultation regarding an injury, no benefits, and a doctor's error?

I was accidentally released to return to work last November after an untreated injury that occurred in May of 2023. My doctor informed me that a third party that beacon medical group hire to push benefit paperwork through, accidentally gave me a return date. I was not made aware, neither of was my... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question on who you could call for a free consult, it could be difficult to get a recommendation here - the format isn't set up like an attorney referral service. It's limited to short Q... View More

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Is there a statute of limitations on auto accident lawsuits in Indiana?
Charles Candiano
Charles Candiano
answered on Feb 14, 2024

Suit MUST be filed on or before the 2nd anniversary of the accident or your 20th birthday, whichever occurs later. The Statute can be tolled by mental infirmity but you need to seek the guidance of an experienced personal injury attorney with all relevant details.

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Indiana on
Q: My personal and private information has been Breached without any type of USPS mail email or by phone from a few Giants

Equifax Data Breach being the most recent but now since I it have found out about all these things and filling for the settlement and claims with the cfpb and ftc and all 3 bureaus and others no changes have been made I personally raised My own over 300 plus points no updates check all My data... View More

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

The way this works is you ask a question and we do our best to answer it. I don't see any question. Please rephrase.

1 Answer | Asked in Personal Injury for Indiana on
Q: How do I fire my present personal injury lawyer for improper billing
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

An Indiana attorney could advise best, but your question remains open for five weeks. Generally, clients are free to fire attorneys, and vice-versa. However, that doesn't mean that a lien wouldn't arise, depending on efforts expended to date. One option could be to first discuss the bills... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Indiana on
Q: My GI doctor marked two boxes on my pre-screen for sedation before my scope procedures that is false information.

The boxes marked were intolerance to sedation previously and chronic benzodiazepine and narcotics. These are absolute lies. There were no adverse effects from previous scopes only a year prior and no drug use of any kind, besides tobacco, is on any of my medical history. Why would he mark these... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Indiana, if a medical professional inaccurately marks your medical records, it can raise serious concerns, particularly if it affects your care and safety. The reasons for marking those specific boxes on your pre-screen for sedation as intolerance to sedation and chronic use of benzodiazepines... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More

Charles Candiano
Charles Candiano
answered on Dec 30, 2023

Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Indiana on
Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?

A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have... View More

Charles Candiano
Charles Candiano
answered on Dec 15, 2023

The answer to your question is an unequivocal "NO." I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Am I able to sue some medical providers for malpractice for leaving staples in my foot?

I broke my foot. My foot was operated on by an orthopedic surgeon and a plastic surgeon. I was originally informed that they would be cutting my foot open and taking a piece of skin from my thigh to do a skin graft. However, they actually just cut some skin off the top of my foot to cover up the... View More

Charles Candiano
Charles Candiano
answered on Oct 31, 2023

The simple answer to your question is yes. Unfortunately, you can sue nearly anyone for nearly anything. If your real question is whether you have a viable claim (one where you will probably recover more money than you will spend), it is unclear without many more details. "Staples" can... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Q: Can i sue the estate of the person i was riding with who had no insurance I sustained injuries.

I was riding on a motorcycle with a person who come to find our had no insurance. This person has passed on the lawyer i spoke with basically said he couldn't help because there was no insurance. I was injured in this accident. I have had to have family and friends take care of me and get me... View More

Charles Candiano
Charles Candiano
answered on Oct 30, 2023

Like the answer to so many legal questions, it depends. First of all, you need to be able to prove that your friend who was operating the motorcycle was negligent (beyond the fact that he failed to purchase insurance). An attorney is unlikely to take your case because the attorney would have no... View More

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