Indiana Questions & Answers

Q: Do I have a medical malpractice case?

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Oct 20, 2018
T. J. Jesky's answer
First of all, it sounds that you been through some tough times. In order to have a malpractice case, you would need to show negligence. I am not sure you present enough facts to determine negligence. It doesn't make sense to me that they would confuse your heart beat with the fetus' heart beat. I remember when my wife was pregnant, we learned that the average heart rate for a fetus' in the first trimester is approximately 153 bpm (plus or minus 22.8 bpm). Your heart rate would be half...

Q: Can I sue the state for renewing the license of an older person who hit me - they shouldn't have been driving.

2 Answers | Asked in Personal Injury for Indiana on
Answered on Oct 18, 2018
Chase T Wilson's answer
You can sue them, but the chances of that suit being successful are quite low given the immunity granted to government entities in Indiana. You'll also have the Indiana Tort Claims Notice to deal with. The best route is to pursue an insurance claim and possible a lawsuit against the at-fault driver.

Q: I was thrown from a horse drawn carriage at a couples retreat company. Can I hold the owner liable?

1 Answer | Asked in Personal Injury for Indiana on
Answered on Oct 18, 2018
Peter Munsing's answer
Possibly depends on the circumstances.Contact a member of the Indiana Assn for Justice for the county where it happened--they give free consults.

Q: If I hit on a coworker outside of work does the manager have a right to question me about it?

1 Answer | Asked in Employment Law and Sexual Harassment for Indiana on
Answered on Oct 16, 2018
Salim U. Shaikh's answer
Given details being insufficient to render a specific advice, however, the said manager must follow the procedure in accordance with harassment complaint and must afford you a chance to detail the whole facts. Mere complaints without any evidence are not admissible.

Q: I have a check deception charge,MA, from Washington County Indiana from 2008. This is still posted on my record.

1 Answer | Asked in Criminal Law for Indiana on
Answered on Oct 15, 2018
Andrew Bennett's answer
With a few exceptions, when a court issues a warrant in a criminal case, the warrants do not expire.

Q: How long does an officer have to file charges against you after being arrested and released (OR) with no court

1 Answer | Asked in Criminal Law for Indiana on
Answered on Oct 15, 2018
Andrew Bennett's answer
If it was a misdemeanor offense the State has 2 years from the date of the incident to file charges. If it was a felony the State has 5 years, with some exceptions, to file charges.

Q: Is there a difference between real and personal property?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Litigation for Indiana on
Answered on Oct 14, 2018
Timur Akpinar's answer
A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks more meaningfully at the concept.

Tim Akpinar

Q: How will bankruptcy affect the student loans that I still owe?

1 Answer | Asked in Bankruptcy for Indiana on
Answered on Oct 12, 2018
Timothy Denison's answer
They are non dischargeable. You will still owe them.

Q: I was told I couldnt view my exhibit file for my ssdi claim since my case was pending. Is this correct?

1 Answer | Asked in Social Security for Indiana on
Answered on Oct 12, 2018
Betsy Walits' answer
If self represented, you’ll get a CD before your hearing. If represented, your Atty should be able to view the file at any time. SSA controls when people can/cannot view their file.

Q: How to get a roommate, who is the on the lease, to leave apartment.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 12, 2018
Alexander Florian Steciuch's answer
If your landlord and your ex are in agreement he could be released from the lease agreement. However, short of that, there is nothing to make your ex move out of the apartment as he has just as much right to be there as you do.

Q: Can an atty ask for interest on mefical bills prior to receiving a judgement and make you pat it to avoid judgement?

1 Answer | Asked in Consumer Law, Contracts and Collections for Indiana on
Answered on Oct 12, 2018
Alexander Florian Steciuch's answer
The attorney can ask for whatever he or she wants in order to settle the case. The incentive for you to comply is to avoid having a judgment on your record. If the attorney is asking for interest it is almost certainly the case that whatever agreement you signed for the medical bills included a section about collecting interest on outstanding balances.

Q: Can someone demand a full refund of his or her security deposit if LL didn't send it within 45 days of move out?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Oct 12, 2018
Alexander Florian Steciuch's answer
Indiana law is very clear that if a landlord does not provide an itemized list of damages within 45 days of the renter surrendering the property when the renter has paid a security deposit as part of the lease agreement that the renter is entitled to the full refund of the security deposit. This does not release the renter from liability of any damages but it punishes the landlord for not complying with Indiana law.

Q: I need to file for divorce. I’m sick and currently can not work due to medical reasons. He gives me no financial support

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Answered on Oct 10, 2018
Betsy Walits' answer
You can file and ask for a provisional hearing, during which you can ask for provisional support.

Q: Neighbor shot my domesticated cat-says she was trying to get in his baby bunnies cage--Never came and told me this b4

1 Answer | Asked in Criminal Law and Animal / Dog Law for Indiana on
Answered on Oct 9, 2018
Andrew Bennett's answer
If the police won't write up a report about the incident or investigate by talking to him, you should call the prosecutors office to see if they would do a citizen intake.

Q: If I am month to month and the LL gives my family a 30 day eviction notice do we have to pay the rent for those 30 days

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
You are not being evicted. The lease agreement is simply not being renewed. Yes, you still have to pay that final month that you are living in the home.

Q: Will the courts grant sole physical custody of a child to a parent that still lives at home with their parents?

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
Living at home with your parents is not disqualifying for granting sole physical custody. That said, the determination of physical and legal custody are all done based on the best interests of the child. If the judge determines that sole physical custody awarded to the father is in the best interests of the child, that's will be his or her decision.

Q: My wife's grandmother passed away about a year ago. She had left her grandkids money but grandpa and mother won't give

1 Answer | Asked in Contracts and Family Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
No, it is not legal for them to do that. You should consult with a probate attorney in your area to look into setting up an estate for your late grandmother and probate the will if you believe that the grandchildren are owed under the will.

Q: Just curious what the statute of limitations on residential entry are in Indiana?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Oct 5, 2018
Andrew Bennett's answer
You cannot press charges, you can call the police and make a report and they will take it to the prosecutor to determine if charges are going to be filed. The sooner you make a report the better, because if you wait too long the police may not take it seriously. The statute of limitations on a residential entry to be filed is 5 years from the offense date and for the lesser charge of trespass its 2 years.

Q: can my landlord evict me if I haven’t signed a new lease for the year ? Can I write a 30 day notice to vacate ?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Oct 4, 2018
Salim U. Shaikh's answer
When did your lease expire? You may however write to LL of his intentions to extend your lease or terminate on expiry. As you need some days to vacate that premises and settle your outstandings, it would be advisable to write your LL and get his views.

Q: Hello, I've been told that an eviction has been filed on me. What are the next steps, how long do I have to pay them?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 2, 2018
Alexander Florian Steciuch's answer
If you have had an eviction filed against you there will be two hearings. The first hearing is for the landlord to obtain the eviction order. You and the landlord or one of the landlord's representatives will appear before the judge and the landlord will give reason as to why you should be evicted. If you believe the landlord is wrong or incorrect, you will tell the judge why there should not be an eviction order granted against you. If the landlord obtains an eviction order you will have a set...

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