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...
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...
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.
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.
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.
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.
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.
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...
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.
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.
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.
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.
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.
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