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Indiana Personal Injury Questions & Answers
0 Answers | Asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for Indiana on
Q: If my child’s other parent sharing joint legal custody consents to something without informing me, is that illegal

My child’s father consented to her being papoose’d at the next appointment that I’d be taking her to at the dentist during her initial visit. I set the appointments up and spoke to the receptionist the entire process leading up to her appointments. I was not made aware by the office, dentist... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: Can I file a Tort Claim on behalf of myself & my child for mental, emotional, & psychological trauma? My child is 14.
Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

A local attorney could advise best, but your question remains open for two weeks. Try to arrange a free consult with a law firm - your child probably can pursue rights if there is a valid claim - however, each jurisdiction is different in how it handles the infant's award. Nationwide, courts... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Do I have a medical malpractice case?

I gave birth in May of 22. It was a planned c-section. After c-sections nurses are supposed to come and press on your stomach to make sure you don't form a clot in your uterus. My nurses didn't do this, and I formed a blood clot that caused me to hemorrhage pretty badly. I believe it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes there is a potential case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may effect the... View More

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1 Answer | Asked in Personal Injury for Indiana on
Q: Pain and suffering for 13years because a doctor used the wrong stitch and now they have resurfaced. Causing more pain an

Swelling just to find out I have to be cut on again due to this second time around do I have a case

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. The most reliable way to answer your question would be to reach out to med mal attorneys. You could try to arrange a free initial consult. Good luck

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: Infection in mouth led to dentist put me on antibiotics. Then root canal but bc infection more anti led to cdiff 4 times

He missed a canal causing 3 rounds of antibiotics now 4 bouts of cdiff. Negligence?

Joel Gary Selik
Joel Gary Selik
answered on Aug 2, 2023

Yes this may be malpractice. Another dentist would need to review the records, and possibly examine you, to state if the dentist breached the standard of care.

Additionally, due to the nature of malpractice cases, the extent of your damages will effect the case's viability.

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: How long should reconstruction of an accident report take to get back. This was a wreck were two people lost their lives
Charles Candiano
Charles Candiano
answered on Jul 6, 2023

I hate to give you the stock answer but it depends upon many factors. For example, what types of vehicles were involved? How many vehicles were involved? Were semi's involved? What was the weather like? Were there eyewitnesses? What type of pavement? What type of grade (was the road... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Indiana on
Q: Axel snapped and tire flew off yesterday after it was "fixed" by mechanic that "fixed" it previously. What do I do?

My mom's car about a month ago had the tire fly off and axel break. They took it to a local mechanic that said it was due to an air bubble in the bearing that's why it broke and the tire fell off. They assured her and checked that all the others were fine and didn't need fixed. This... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2023

If she was injured, she should immediately contact a personal injury attorney in Allen County. If there are no injuries, the easiest thing for her to do is to make a claim with her own insurance. If the car had been serviced immediately prior to the incident and the incident can be related to the... View More

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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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