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Indiana Personal Injury Questions & Answers

2 Answers | Asked in Car Accidents and Personal Injury for Indiana on

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?

I live in Indiana. One day on the way to work I got onto the interstate. The split by downtown that is 4 lanes(left 2 lanes 65South and right 2 lanes 70W). Rainy day... so me and two other cars in front of me were going 50-60mph(speed limit 50). The very front car was a lady with kids romping... Read more »

John Paul Young answered on Feb 15, 2019

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... Read more »

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2 Answers | Asked in Personal Injury and Probate for Indiana on

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.

She is in NEED of his services ASAP DUE to get treatment in an Indiana facility. She is being treated very poorly and not being gave medical attention. PLEASE HELP US.

Chase T Wilson answered on Jan 10, 2019

Call the Indiana Bar Association. They should be able to track Mr. Harbin down for you.

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Sexual Harassment for Indiana on

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.

Several people said he’s passing it around. He’s also used my position against me when I refused to see him again! How do I get justice? Can we ask for medical records and file suite against him and employer?

Peter N. Munsing answered on Jan 9, 2019

Contact a member of the Indiana Assn for Justice in your area who handles employment issues; they represent workers and give free consults.

1 Answer | Asked in Personal Injury for Indiana on

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

I had no dental insurance and paid $8700 out of pocket. Medicare and supplement paid $1000 for an $8500 Hospital ER visit. Now USAA claims I was partially negligent and will only pay $13,000 total.

If I repay Medicare, it seems that would expose me to full payment for hospital bill.... Read more »

John Paul Young answered on Dec 17, 2018

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... Read more »

2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Indiana on

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

Chase T Wilson answered on Oct 18, 2018

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.

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2 Answers | Asked in Personal Injury for Indiana on

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

I just want to know if the owner is liable for medical bills and/or pain and suffering.

Peter N. Munsing answered on Oct 18, 2018

Possibly depends on the circumstances.Contact a member of the Indiana Assn for Justice for the county where it happened--they give free consults.

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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Indiana on

Q: Why weren't there a crash investor called after my crash on September 8, 2018.. only a police officer arrived.

Charles Candiano answered on Sep 17, 2018

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... Read more »

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Indiana on

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

- if the town allowed them to do this, can I sue the town?

Ary Avnet answered on Jul 20, 2018

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... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on

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

Ary Avnet answered on Jul 10, 2018

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.

1 Answer | Asked in Personal Injury for Indiana on

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

In longer detail, a friend of mine, said something on the internet about a person. He then preceded to call that my friend, and say he was going to sue her. They don’t know each other personally, so he searched for her number via public records. He went into about the money he wanted out of it.... Read more »

Ary Avnet answered on Jul 10, 2018

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... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Car Accidents for Indiana on

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

Yeah I was never compensated for my medical bills and I feel that his insurance should have paid

Peter N. Munsing answered on Jun 28, 2018

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...
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1 Answer | Asked in Personal Injury and Products Liability for Indiana on

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

And lawyer is in New York

Benjamin W Scott answered on Jun 27, 2018

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...
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1 Answer | Asked in Personal Injury for Indiana on

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

The medicine is for his mental condition and they gave him a different medicine that is also for mental conditions but not his medicine. In a nutshell they simply gave him the wrong medicine and admitted it to me and apologized and I said I'm glad it didn't kill him.

Benjamin W Scott answered on Jun 27, 2018

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.

1 Answer | Asked in Personal Injury for Indiana on

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

Can I start a PI lawsuit now or has too much time passed?

Peter N. Munsing answered on Mar 21, 2018

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.

1 Answer | Asked in Personal Injury for Indiana on

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

I'm 16 years old and 13wks pregnant. I was at school when a 18 year old girl started fighting me and sent me to the Hospital. I never hit her back just kept yelling stop I'm pregnant can I file charges?

Chase T Wilson answered on Mar 9, 2018

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.

1 Answer | Asked in Personal Injury and Civil Litigation for Indiana on

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

He had 3rd degree burns and had to have skin grafts done and now needs laser surgery that his insurance wont pay for. He was at my boyfriends grandparents house. I was at work and my boyfriend was watching him.

Chase T Wilson answered on Mar 9, 2018

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.

1 Answer | Asked in Personal Injury and Criminal Law for Indiana on

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.

I can't prove the treats. We tried to file for epo or epu (forgot name). The judge turned it down. If I hit the lady, what do you think would happen? Could they try me as an adult? I am assuming that they will press charges.

Peter N. Munsing answered on Mar 5, 2018

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.

2 Answers | Asked in Personal Injury for Indiana on

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

Peter N. Munsing answered on Mar 5, 2018

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.

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1 Answer | Asked in Criminal Law, Personal Injury and Juvenile Law for Indiana on

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?

I got punched in the face 5 times by my boyfriend's sister. She is 16 years old. I am 33 years old. I am in and out of the hospital for my nose. She busted a blood vessel. And I now have a deviated septum and have issues with my nose. I now need to see a specialist for it. I'm in pain everyday. I... Read more »

Andrew L. Bennett answered on Mar 2, 2018

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... Read more »

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on

Q: Can I sue?

I decided to go shopping for some clothes and wanted to try on a few items before purchasing them. Only a few fit me so I didn't take the ones that I didn't want. When I left the dressing room there was a worker going through the items in my cart and I asked her where I can put the items that I did... Read more »

Chase T Wilson answered on Feb 16, 2018

No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

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