Indiana Personal Injury Questions & Answers

Q: 3 car bumper to bumper accident on interstate. No traffic. I was the 3rd vehicle. Now I’m being sued. How liable am I?

2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Answered on Feb 15, 2019
John Paul Young's answer
The first thing you need to do is take a deep breath, everything is going to be fine. Second, deliver the summons and the complaint to your liability insurance company immediately. The insurance company has a contractual obligation to defend you and to indemnify you. (This means pay any judgment that might be entered against you up to the limit of your liability coverage).

The complaint may state "permanent injury" but the the extent of the claimant's injury will be determined...

Q: I'm trying to find a Mr. Mark E. Harbin. He took a case involving my now wife Niki Davis in a shooting incident 2014.

2 Answers | Asked in Personal Injury and Probate for Indiana on
Answered on Jan 10, 2019
Chase T Wilson's answer
Call the Indiana Bar Association. They should be able to track Mr. Harbin down for you.

Q: I slept with My supervisor and found out a week later I had herpes. I’m almost sure it came from him and he knew it.

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Sexual Harassment for Indiana on
Answered on Jan 9, 2019
Peter N. Munsing's answer
Contact a member of the Indiana Assn for Justice in your area who handles employment issues; they represent workers and give free consults.

Q: Do I need to repay Medicare for a trip and fall hospital bill that a homeowners insurance has offered to partially pay?

1 Answer | Asked in Personal Injury for Indiana on
Answered on Dec 17, 2018
John Paul Young's answer
Because you are receiving money as a result of an injury claim, the short answer is yes, you are required to repay Medicare. BUT, because of write downs you will not have to pay as much as you think. Medicare writes down medical bills significantly. So, even though the amount billed is $8,500.00, the amount Medicare paid will likely be a great deal less. So the amount you have to repay Medicare will be no more than what Medicare pays. The hospital is bound to take the Medicare payment as...

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, Car Accidents and Gov & Administrative Law 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?

2 Answers | Asked in Personal Injury for Indiana on
Answered on Oct 18, 2018
Peter N. 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: Why weren't there a crash investor called after my crash on September 8, 2018.. only a police officer arrived.

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Indiana on
Answered on Sep 17, 2018
Charles Candiano's answer
Indiana only requires that a formal accident reconstruction be prepared after fatal accidents. If someone died or suffered obviously life-threatening injuries, they would have taken the necessary measurements and photographs of the vehicles, gouge marks, and any other memorialization of the accident, in addition to what was reported by surviving drivers and bystanders.

Q: Involved in an accident with concert traffic "cops" who didn't know what they were doing

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Indiana on
Answered on Jul 20, 2018
Ary Avnet's answer
You are allowed to sue to the state, city, political entity if you have file a tort claims notice. Historically, the state had immunity from being sued for torts, but when Indiana filed the Tort Claims Act, it allowed Indiana and its political entities to be sued for certain things, including negligence. However, if you are found by a jury to be even 1% at fault for the accident, you are barred from recovering. You should consult with an attorney regarding the specific facts of your case.

Q: What should be the next step to proceed after denial of default motion

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on
Answered on Jul 10, 2018
Ary Avnet's answer
I would make sure that service has been perfected. Then you need to proceed to discovery or move for summary judgment if you are able.

Q: Should someone who is sueing, be contacting you. Talking about how much they want.

1 Answer | Asked in Personal Injury for Indiana on
Answered on Jul 10, 2018
Ary Avnet's answer
There is no law prohibiting a person who has not yet sued you from contacting you. Now if they are harassing you that may be another legal issue but there is no prohibition on contact just because suit has been threatened. Even if they do sue you, you can still talk and try to resolve the suit informally. But if you are represented by an attorney, the opposing party's attorney should only contact your attorney.

Q: I. Was seriously hurt driving a company van and the air bags never went off and i fractured 7disck and he never paid

2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on
Answered on Jun 28, 2018
Peter N. Munsing's answer
Contact a member of the Indiana Assn for Justice that handles comp claims--they give free consults. As to the air bags, depending on how the crash happened the air bags would not have gone off as they only go in certain circumstances.

If the wreck was someone elses fault you have a claim against them.

Q: What is a good gratuity for a paralegal and lawyer who have gone far and beyond the call of duty Paralegal is in CA

1 Answer | Asked in Personal Injury and Products Liability for Indiana on
Answered on Jun 27, 2018
Benjamin W Scott's answer
I'm glad that you had a good experience with a lawyer and paralegal who went above and beyond to help you.

I would be careful about giving anything of significant monetary value to your attorney. There are some rules regarding gifts from clients, and you don't want to get your attorney in trouble. Probably the best thing you can do is leave a positive review for them on different websites like Yelp, Avvo, and Google.

With that said, a small gift to a lawyer is generally OK as...

Q: CVS gave my 82 year old father the wrong medicine, and confessed the next when I went to refill it. The medicine isAlzhe

1 Answer | Asked in Personal Injury for Indiana on
Answered on Jun 27, 2018
Benjamin W Scott's answer
Fortunately, the medicine did not cause any harm to him. Although CVS made a serious mistake in giving the wrong medication, they are not liable for any harm if no harm occurred.

Q: My neck still hurts from a car accident that happened six months ago.

1 Answer | Asked in Personal Injury for Indiana on
Answered on Mar 21, 2018
Peter N. Munsing's answer
As long as you have medical documentation no. You start by contacting a member of the Indiana Assn for Justice in the county where the wreck happened. They give free consults.

Q: What happens if I was hurt in a fight?

1 Answer | Asked in Personal Injury for Indiana on
Answered on Mar 9, 2018
Chase T Wilson's answer
If you want to file charges you should contact the police. If you'd like to pursue a claim for your injuries you'll need to contact a personal injury lawyers ASAP because there may be a tort claims notice necessary which has to be filed within 180 days of the incident.

Q: My 3 year old son fell into a firepit in april of 2017. He still receives medical care. Is it to late to file a claim

1 Answer | Asked in Personal Injury and Civil Litigation for Indiana on
Answered on Mar 9, 2018
Chase T Wilson's answer
The statute of limitations in Indiana for minors is 2 years after they turn 18, so you have plenty of time to file a claim. That being said, contact a local personal injury attorney immediately as the sooner you contact them the better they'll be able to help.

Q: I am 16 male. There is a 50 year old woman that is harassing my family and making threats to attack my sister and mom.

1 Answer | Asked in Personal Injury and Criminal Law for Indiana on
Answered on Mar 5, 2018
Peter N. Munsing's answer
Don't even think about it. Talk to the DA's office or police station about what it takes for a harassment claim. A threat should be enough.

Q: My x beat me up badly in 2012. I just got diagnosed with permanent rib displacement caused by injury. What can I do?

2 Answers | Asked in Personal Injury for Indiana on
Answered on Mar 5, 2018
Peter N. Munsing's answer
If he was convicted your state may have a crime vicitims compensation act. You can sue him but if he doesn't have money you won't get much.

Q: I got punched in the face 5 times by a 16yr old female. I'm in and out of hospitals. Can I get her on battery?

1 Answer | Asked in Criminal Law, Personal Injury and Juvenile Law for Indiana on
Answered on Mar 2, 2018
Andrew L. Bennett's answer
You cannot file criminal charges against her that is the responsibility of the prosecuting attorney. However, you can call the police to make a report if that has not already happened. The police should sent the report to the prosecutor to review for battery charges. It is entirely the state's decision to file or not to file. You can also contact an attorney to pursue a civil suit for damages that would allow you to collect more that you would get in restitution in a criminal case.

Q: Can I sue?

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.