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Indiana Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury for Indiana on
Q: Had accident in dump truck I own 4 months after divorce filed is X entitled to any money I receive because of accident
John Paul Young
John Paul Young answered on Jan 24, 2022

This answer is based on Indiana Law.

If you are asking whether your ex spouse is entitled to any money for the damage to the dump truck, that depends. If her name is on the title then yes the spouse would be entitled to funds commensurate with the spouse's ownership interest in the...
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1 Answer | Asked in Personal Injury for Indiana on
Q: can I get power of attorney after signing settlement agreement without fully understanding it?
Charles Candiano
Charles Candiano answered on Jan 15, 2022

Please re-post your question in a more coherent fashion. What you ask is not what you mean. I cannot divine what you were thinking or I would simply answer your question. You NEVER have a right to get someone's power of attorney.

If you are asking whether you can void a settlement...
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1 Answer | Asked in Personal Injury and Civil Rights for Indiana on
Q: My bank received a subpoena for an account I am on with my son. My name was listed on the subpoena as well as his.

He is the one they are investigating. Were my rights violated? Were my sons? We were not given a copy of the subpoena and only know because I work here. And everyone knows!

Charles Candiano
Charles Candiano answered on Jan 10, 2022

How can your rights be violated by a Subpoena? The Subpoena was NOT issued to you, but rather to your bank so your bank received the subpoena and apparently responded to it as they must.

1 Answer | Asked in Personal Injury for Indiana on
Q: If you sign a legal document , and get a copy of it but there is new stuff on it I didnt agree to? Is it null and void?

It was a settlement agreement, When I got hit by a car in the crosswalk. The lawyer changed how the money is being split up. I did not agree to pay any of my doctor visits.

Charles Candiano
Charles Candiano answered on Nov 11, 2021

Talk to your attorney. If a medical provider sends a lien to your attorney, the attorney CANNOT make any distribution until the attorney strikes some agreement with the lienholders or YOUR ATTORNEY would be personally liable for the amount of the lien.

When an attorney conveys a settlement...
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1 Answer | Asked in Personal Injury for Indiana on
Q: I thought I got assaulted but it was an accident come to find out. Can I drop charges?

I have severe ptsd (I have documents from my doctor to prove this) from a previous abusive relationship. I was half asleep when it happened. It was dark. And my back was turned. I panicked and went into a panic attack and called 911. He even said "I didn't see you there I'm sorry why... Read more »

Charles Candiano
Charles Candiano answered on Nov 8, 2021

There is a BIG difference between honestly reporting an assault in error and perjuring yourself to stay in an abusive relationship where the police are used as pawns. Tell them, honestly, how you must testify.

Please understand that Prosecutors and police waste way too much time on...
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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Personal Injury and Contracts for Indiana on
Q: having persistent issue of sewers backing up into home for over 5 years in a row, i own the unit , an rent the land
Charles Candiano
Charles Candiano answered on Nov 7, 2021

I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Indiana on
Q: How to find an attorney for malpractice tort?

I filed a complaint with attorney general's office Indiana about sub standard treatment. Which resulted in harming me more. Consequently, the outpatient clinic retaliated. Their actions didn't just exclude being treated by their facility, it effectively denied me treatment at any... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 1, 2021

Only an Indiana attorney could advise here because statutes of limitations for med mal and other actions are governed by state law, but your question remains open for a week. You may want to consider reaching out to a local attorney to discuss in detail, and examine the legal theories on which you... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Need advice on insurance company trying to claim our statute of limitations ended in Indiana over an accident.

Their client was at fault, been trying to get a reasonable settlement outside of medical liens, and Selective insurance is now trying to say they don't owe us anything because we couldn't come to an agreement on what was a fair amount to resolve the issue.

Charles Candiano
Charles Candiano answered on Oct 9, 2021

If your accident occurred on or before 10-08-19 and you did NOT file suit on or before 10-08-21, the Statute of Limitations HAS run and you have no right to recover anything. This is yet another reason why you should have hired an experienced personal injury attorney. If the attorney missed the... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Products Liability for Indiana on
Q: Why would an insurance company offer to "resolve" the claim with payment after the claim was denied?

I am the third party in a product liability insurance claim. My claim was denied and I appealed the decision and it was denied again but have continued contact with the claims adjuster. Yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2021

An Indiana attorney could advise best, but your question remains open for a week. It's really anyone's guess why they want to resolve the claim all of a sudden. One possibility is that the claims adjuster needed additional information to evaluate the claim. And speaking with their insured... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: I have a medical malpractice lawsuit going on since January 2020 and my attorney does not share anything about my case?

My attorney has all my information, records, testimonials, and more I have depression and anxiety not to mention the injury from the medical malpractice I have to always seek him and when I talk to him all he says is we're waiting and I have been since January 2020 I don't know the... Read more »

Charles Candiano
Charles Candiano answered on Oct 1, 2021

If suit was filed in January, 2020, you may or may not have secured service of process before the Courts closed. All Indiana Civil Courts were closed for several months. Case activity depended heavily on jurisdiction and whether the Parties were comfortable with Zoom or other electronic media... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: My granddaughter was hurt at school Thursday and I wasn't notified or no note sent home she did she the school nurse

Took her to doctor she has a broken arm had to take her to orthopedic for cast and appt next week if not healing properly she will need surgery

Charles Candiano
Charles Candiano answered on Sep 12, 2021

Though certainly appropriate, the school has no duty to notify you. Moreover, you offer no facts to suggest that the school was responsible for her injury or that the delay in medical care resulted in further harm. If the school caused your child's injury or the delay made the injury worse... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Internet Law for Indiana on
Q: I got a question so as a victim do I have to testify at a bail revocation

Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial

Charles Candiano
Charles Candiano answered on Aug 22, 2021

Only if you want his/her bail revoked.

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: How long of Malpractice can you sue?

When I was 15 I was pregnant. I told the OBGYN (In the office every visit you saw a different OB it rotated between 2 OBGYN and 1 Midwife. I spoke to 1 and stated I did not believe I was as far along as stated and requested another ultrasound. It was denied and the head OBGYN stated he'd... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 1, 2021

Only an Indiana attorney could advise, but your question remains open for a week. I'm sorry for your ordeal with the case and for the loss of your father. Statutes of limitations are governed by state law, which is why only an Indiana attorney could advise. Some states do have tolling of... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: I was medically neglected and injured do to there neglect that resulted in death a week later

I just need call

Tim Akpinar
Tim Akpinar answered on Jun 26, 2021

An Indiana attorney could advise best, but your post remains open for a week. Something isn't clear from the wording of the description. It could be difficult for an attorney to call you, as you requested in the post. This forum doesn't work like an attorney referral service where... Read more »

1 Answer | Asked in Personal Injury, Wrongful Death and Divorce for Indiana on
Q: Can you be tested for poisons if you aren’t dead?

Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »

Charles Candiano
Charles Candiano answered on May 13, 2021

You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.

If you...
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1 Answer | Asked in Personal Injury and Products Liability for Indiana on
Q: What recourse can I have if a medicine was defective: contained less than the correct amount of active ingredient?

I am prescribed a blood thinner with refills every 3 months. The drug came from different generic drug manufacturers with each refill. I have reasons to believe that one of them had less than the correct amount of active ingredient putting my life in danger (though I don't know if any harm... Read more »

Charles Candiano
Charles Candiano answered on Apr 27, 2021

You already said that you were NOT harmed. No harm = zero recovery in personal injury litigation. So, why do you want to go through the time and expense of ordering chemical analysis of your medicine? What am I missing?

1 Answer | Asked in Personal Injury, Products Liability, Entertainment / Sports and Environmental for Indiana on
Q: baseball hitting my house, causes damage either to my property or to someone in the house who's liable?

School baseball field almost right next to our backyard, yesterday a fly ball crashed right into our yard a meter from me. I have three kids and I can't help but forsee glass windows breaking and one of the kids getting hurt. The school has a tall-ish fence up however the balls have been... Read more »

Brandon A. Yosha
Brandon A. Yosha answered on Apr 6, 2021

First, you should notify the superintendent of the little league program. It is quite possible that the superintendent will take steps to prevent foul balls from colliding into your house (i.e. building additional fencing. You could also hire an experienced Attorney to draft and prepare a temporary... Read more »

1 Answer | Asked in Personal Injury, Business Formation and Employment Discrimination for Indiana on
Q: I need help with a job related incident
Tim Akpinar
Tim Akpinar answered on Dec 11, 2020

An Indiana attorney could advise best, but your question remains open for a week. If the incident involved an injury sustained in the course of employment (you included personal injury in your categories), you could reach out to a workers' compensation attorney. Many offer free initial... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: Can i sue the plasma donation center?

So, I am not new to donating by any means. I used to allllllll the time in HS. I go to BioLife to donate for the first since I graduated. Well, the nurse had to keep coming back and messing with the machine(about 3 times) then a different nurse comes to me and says "let me monkey around with... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

An Indiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. But based on the brief description, it isn't clear if the damages are of a fleeting nature or something of significant impact that would be of a lasting duration. If the impact... Read more »

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