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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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1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

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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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is naming something the Hoosier Thunder Series a Trademark violation since Hoosier is Trademarked. Hoosier means Indiana

We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?

T. Augustus Claus
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answered on Oct 27, 2023

The use of "Hoosier" in a title might lead to potential trademark issues if there's an existing trademark associated with that term, especially within a similar industry or context. "Hoosier" is trademarked, and while it is a term synonymous with Indiana, the use of a... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: What would be the best way to pull and view dockets from an old e-filing. filed in prison, can no longer access account.

Plaintiff / Appellant: xxxx

Defendant / Appellee: STATE OF INDIANA, Attorney General

Case Number: 21-3013

James L. Arrasmith
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answered on Nov 9, 2023

To view dockets from an old e-filing when you cannot access your account, you should contact the clerk of the court where the case was filed. They can provide guidance on how to access public records. In some jurisdictions, court documents can be accessed online through a court's case... View More

1 Answer | Asked in Social Security for Indiana on
Q: Can you draw disability in some form if you have a disability that prevents working 40 hrs each week, using FMLA?

I have Lumbar Spondylisthesis, Thoracic Spine Pain and Thoracic Spondylosis. I suffer from a lot of back spasms, through pain that travels from my spine to my stomach causing intense nausea which makes me curl up and instantly puts me out of work any day. It's increased in severity over the... View More

James L. Arrasmith
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answered on Nov 7, 2023

If you are unable to work a standard 40-hour workweek due to a disability, you may be eligible for disability benefits through Social Security. The Social Security Administration considers whether a person has a medical condition that significantly limits their ability to perform basic work... View More

1 Answer | Asked in Personal Injury and Health Care Law for Indiana on
Q: Biomat did physical/lab work 4weeks ago.I had lab work done at my doctor's,it came out extremely bad for several things

Yet biomat let me donate. I'm 61 with a VSD in my heart.i have many health issues.i started donating 4 weeks ago.somehow, they keep letting me.And I donated twice last week. I have been extremely sick.on first donation,phlabotomist said "call 911". I was very sick.i told them I just... View More

Charles Candiano
Charles Candiano
answered on Oct 24, 2023

The way this works is that you need to ask a question. You have not asked any question. Moreover, you should never use proper names. The information exchanged online is supposed to be hypothetical and anonymous.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a motel manager go to jail for locking out a tenant who refused to pay rent after 3 months of being there.

It was a notice for them to go to office to pay or leave and has had an eviction notice afterward.

T. Augustus Claus
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answered on Oct 18, 2023

In Indiana, a motel manager cannot typically lock out a tenant without following the proper legal eviction process. Engaging in a "self-help" eviction, such as changing locks or physically removing a tenant, is generally illegal and can result in legal consequences. The legal eviction... View More

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I received a traffic citation in Indiana for disregarding a traffic signal. The officer provided me a hand written

citation. The citation section for my name, vehicle description, date, and time were all left blank. The only info on the citation is a court date, the violation, and the officers name. Is this grounds for dismissal? I checked mycase.com and it was filed I’m assuming he filled out the rest of the... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 17, 2023

If the officer left off your name, vehicle description, date & time, I think its quite possible the case will not get filed. You can check on mycase.in.gov to see if the citation does get filed, though not sure how without your name.

1 Answer | Asked in Gov & Administrative Law for Indiana on
Q: I was married back on June 29, 2014 and just recently found out that our marriage license was never filed with the State

In a church setting. How do we remedy this???

T. Augustus Claus
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answered on Oct 16, 2023

To remedy the issue of your unfiled marriage license in Indiana, contact the clerk's office in the county where you were married. They will advise you on the steps you need to take to file your marriage license and obtain a certified copy of your marriage certificate. For personalized legal... View More

1 Answer | Asked in Criminal Law and Health Care Law for Indiana on
Q: Is it permissible in court to request a DNA test of a hypodermic syringe for proof of innocence?

My husband was arrested and is being charged with unlawful possession of a hypodermic syringe that was discovered in a jewelry case located inside the Co- defendants vehicle's glove box. The co- defendant was also the operator of the vehicle at the time and has admitted to ownership of... View More

Joel D. Hand
Joel D. Hand
answered on Oct 16, 2023

First, in criminal defense, it is always important to remember that the defendant does not have to prove anything. It is up to the State to prove that a defendant committed each element of a given criminal charge.

Second, the defense lawyer MAY file a motion to have evidence confiscated...
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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a Indiana landlord force me to do automatic payments?
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answered on Oct 12, 2023

In Indiana, a landlord generally cannot force you to use automatic payments for rent unless you have agreed to this method of payment in your lease agreement. If your lease does not specify that automatic payments are required, the landlord usually cannot mandate this payment method. Some landlords... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Can i really be fired for taking maternity leave? Cause HR says I need to resign.

Hey, I live in the state of Indiana, I was just called out of the blue by my HR and was told my maternity leave may not be approved and when I give birth that I need to hand in my resignation, because the "won't have a spot for me when I come back"

T. Augustus Claus
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answered on Oct 11, 2023

In the U.S., the Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for reasons including the birth of a child. If you qualify and take leave, your employer generally should reinstate you upon return. However, not all employees or... View More

1 Answer | Asked in Domestic Violence, Libel & Slander and Criminal Law for Indiana on
Q: If you are the defendant in a no contact order can the victim continue to harass you?

I know the defendant can't contact the victim but what happens if the victim keeps sending voice messages and posts lies about you in your Facebook comments?

T. Augustus Claus
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answered on Oct 11, 2023

In Indiana, a no-contact order generally prohibits the named defendant from contacting the protected person. However, the order doesn't automatically work both ways. If the protected person (victim) is harassing the defendant, it could be a separate issue. If you believe you are being harassed... View More

1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: How can I find names of attorneys in Indiana who will flie a lawsuit against an accountant (CPA)?

Accountant failed to file proper tax papers, failed to file tax papers on time, resulting in costing me tax refunds.

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answered on Oct 9, 2023

To find attorneys in Indiana who specialize in cases against accountants, you can start with the Indiana State Bar Association's referral service. Additionally, websites like Martindale-Hubbell and Avvo offer directories and ratings for attorneys, helping you identify those with expertise in... View More

1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??

Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend

Charles Candiano
Charles Candiano
answered on Oct 8, 2023

If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court... View More

2 Answers | Asked in Car Accidents for Indiana on
Q: I had an accident and my insurance has refused to cover my claim because I was doing DoorDash and I need a proof of finc

And I need a proof of financial responsibility in the form of certificate of compliance

Charles Candiano
Charles Candiano
answered on Oct 6, 2023

Whenever you earn money by driving, that driving is NOT covered under your personal automobile coverage unless you purchase coverage for business use of your vehicle. Most people do not purchase this coverage because it is much more expensive. Before you agree to drive for a rideshare company,... View More

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2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Indiana on
Q: I am undergrad at ivytech. I was curious on if I would be able to get a summer law internship this summer.

I will be transferring next year as a junior. I am currently studying criminal justice and want to go into criminal law. I will be taking a couple classes, but was hoping to possibly get an internship at a firm this next summer. If you guys are looking, I would be very interested at working at your... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a legal question and answer forum and not a job seeking forum. You should reach out directly to the law firm where you are interested in obtaining an internship.

It would help you in your search if you were to put together a resume detailing your undergraduate legal coursework...
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1 Answer | Asked in Municipal Law and Landlord - Tenant for Indiana on
Q: What happens if a family member refuses to remove a camper and personal items of your property?

She refused the eviction letter and green card should be coming back to us ,

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answered on Oct 15, 2023

If a family member refuses to remove a camper and personal items from your property after being given notice, you may have legal remedies available. Typically, the next step involves initiating a formal eviction process through your local court. After obtaining a court order, if the family member... View More

1 Answer | Asked in Employment Law for Indiana on
Q: Can a company offer you a severence package, only if you sign an agreement not to speak negatively about the company?

That just seems like extortion to me. Hush money in a way.

Charles Candiano
Charles Candiano
answered on Sep 30, 2023

Workers' Compensation is a specialized area of law that concerns work injuries. On your facts, the question that you ask is NOT related to an injury at work.

Absent any contractual obligation to pay you a severance, your employer has an absolute right to place conditions on any...
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