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Indiana Personal Injury Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Personal Injury for Indiana on
Q: Can forced resignation affect unemployment or severance on workers' comp in Indiana?

I am an employee of the Indiana state government and currently working while under a doctor's care for an injury sustained at work. Despite being on workers' compensation since January 2025, I am being subjected to a forced resignation due to a bi-annual budget reduction of 30%. There... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

Your question seems simple but the analysis is rather nuanced. The specific nature of your injury and your restrictions are important. It is extremely unusual for an Indiana employer to agree to accommodate restrictions for 4 months. If you are unable to work or your restrictions prevent you... View More

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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Personal Injury for Indiana on
Q: Can a hospital hold my husband based on incorrect records from over a year ago?

My husband voluntarily went to Bloomington Meadows Psychiatric Hospital on April 22, 2025, to adjust his medications. He signed an AMA on Wednesday, but they are holding him until Monday, citing incorrect records from IU Health Morgan ER related to an incident from November 2023. Despite providing... View More

Charles Candiano
Charles Candiano
answered on Apr 26, 2025

With all due respect, that doesn't make any sense. If your husband wanted or needed to "adjust" his psychotropic medication, he could have and should have contacted the prescribing physician, NOT check himself into a psychiatric hospital if he did not want to be admitted. Once... View More

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1 Answer | Asked in Libel & Slander and Personal Injury for Indiana on
Q: Can I take legal action if my family discloses my therapy sessions?

I am concerned because my mom and other family members have intentionally shared information about my therapy sessions with others. There were no prior agreements or discussions about maintaining privacy, but this disclosure has made it harder for me to attend therapy. Is there anything legally I... View More

Charles Candiano
Charles Candiano
answered on Apr 23, 2025

Please don't provide any further details of your concerns in a public forum. If you are a minor, your parents or legal guardians have unrestricted access to your medical records in most jurisdictions, including Indiana. You state that your parents' disclosure "has made it harder... View More

1 Answer | Asked in Medical Malpractice, Civil Rights, Divorce, Personal Injury and Family Law for Indiana on
Q: Can I sue for non-consented family translation for a schizophrenia patient?

I am concerned about a situation where a doctor used a family member, who was the brother-in-law of a schizophrenia patient and living in the same household, to translate medical conversations without consent. The patient, who was under stress due to her living situation, cannot recall much of... View More

Charles Candiano
Charles Candiano
answered on Apr 21, 2025

You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while... View More

2 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Indiana on
Q: Involved in a 7-car pileup due to field burning; is suing an option?

I was involved in a 7-car pileup in which my car will probably be totaled. The crash was due to farmers burning fields, causing severe visibility issues with no prior warnings or signage. A police report is available, and there was a significant injury to another person involved. I have not... View More

Jonathan Armiger
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Jonathan Armiger
answered on Apr 17, 2025

In Reece v. Tyson Fresh Meats, Inc., 173 N.E.3d 1031 (Ind. 2021), the Indiana Supreme Court adopted the following rule: landowners owe a duty to passing motorists on adjacent highways not to create hazardous conditions that visit themselves upon the roadway; but when a land use or condition that... View More

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2 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Indiana on
Q: Involved in a 7-car pileup due to field burning; is suing an option?

I was involved in a 7-car pileup in which my car will probably be totaled. The crash was due to farmers burning fields, causing severe visibility issues with no prior warnings or signage. A police report is available, and there was a significant injury to another person involved. I have not... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

If you were not injured, what would you sue for? Anyone who was injured will bring a claim against the car that struck them. Individuals like yourself who were not injured but who sustained significant property damage will also bring claims against the drivers who struck them. All drivers are... View More

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2 Answers | Asked in Civil Litigation, Personal Injury and Contracts for Indiana on
Q: Should I sue a contractor for improper furnace installation leading to health issues?

In January 2017, we had a furnace installed, but in November 2017, the duct board fell and burned due to improper installation. My wife inhaled smoke from this incident, which we suspect may have contributed to her developing an autoimmune disease, as toxic fumes are known causes. Although no... View More

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

I am not an HVAC contractor, but I don't understand how improperly installed ductwork could possibly cause a fire. If that happened, the installer would almost certainly file a third-party action against the manufacturer, thereby minimally tripling the cost of any suit. Beyond that, you... View More

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2 Answers | Asked in Wrongful Death, Civil Litigation and Personal Injury for Indiana on
Q: What Indiana rule determines jurisdiction in a wrongful death case?

What Indiana trial court rule determines jurisdiction in a civil wrongful death case, especially if the decedent was killed in a different county than where she lived? The case is filed against an individual, and there are no other pending related cases.

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

You are really asking two separate questions. You are asking about jurisdiction (authority of the Court) and venue (the appropriate situs to bring the action). Jurisdiction is addressed in Rule 4.4 and venue is addressed in Rule 75. In your example, any state Court in Indiana would have... View More

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2 Answers | Asked in Employment Law and Personal Injury for Indiana on
Q: Can I sue the bar for negligence and wrongful termination after reporting drug use?

I reported to my manager that a coworker was using intravenous drugs in our bar's employee restroom. Despite my reports, no action was taken. I kept a bloodied toilet paper roll used by the employee as evidence. I was terminated about three weeks after my last report, and the manager indicated... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2025

An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question of suing for negligence (relating to the "Personal Injury" category of the post), I believe your remedies for any type of injury would generally be limited to workers' comp... View More

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2 Answers | Asked in Consumer Law and Personal Injury for Indiana on
Q: Found medication pill in Kroger broccoli slaw, what should I do?

I found half a pill and some pieces in prepackaged Kroger broccoli slaw while eating it and spat it out. As an RN, I'm certain it's medication due to pill markings (numbers on it). I have the pill, pieces, and remaining slaw in its packaging. It's too late to contact Kroger today,... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2025

If you are correct, a deli worker dropped prescription medication while making coleslaw. Failure to notice or remediate the situation constitutes negligence that can be imputed to Kroger. That said, notwithstanding Kroger's negligence, if you suffered no ill effect from ingesting the... View More

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2 Answers | Asked in Education Law, Personal Injury and Civil Rights for Indiana on
Q: What attorney to contact for school bus safety and discipline issues in Indiana?

I am concerned about an incident where my 3-year-old child, who has behavioral issues, managed to get out of his harness on the school bus and nearly fell. My child claims the bus driver spanked him, and when we requested to review the bus footage to understand how he reached the front of the bus,... View More

Charles Candiano
Charles Candiano
answered on Mar 25, 2025

Why would you want to pay a $5,000 retainer to hire an attorney to see a video of your child acting badly? What are your concerns? If your child has behavioral issues, why is he riding the bus at age 3? If this is a publicly funded school, it is protected by the Indiana Tort Claims Act. On your... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the... View More

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3 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Charles Candiano
Charles Candiano
answered on Mar 19, 2025

I disagree with your strategy. A far better course of action is to file a claim with your insurance company. If the insurance company wants to pursue a claim against the City of Hobart, that is their prerogative. BE CAREFUL!!! you cannot sue a municipal entity unless you file a tort claims... View More

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2 Answers | Asked in Employment Law, Car Accidents and Personal Injury for Indiana on
Q: Who is responsible if an HVAC employee is injured in a company vehicle on the way to a service call?

I work in HVAC, and our employer plans our service calls. Recently, our company's policy changed so that we're not paid for driving to our first service call of the day and we can't use company vehicles for personal use. In a hypothetical situation, if I were in an accident and... View More

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

Hypothetical questions are difficult because the details often don't make sense. If you are injured in an accident that is not your fault, the at-fault driver is responsible. None of the other details matter. If the at-fault driver is uninsured or carries minimum coverage and you sustained... View More

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1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Indiana on
Q: Legal protections for Indiana bus driver assaulted by student

I am a 72-year-old bus driver in Indiana, and I was hit in the face by a student's backpack. Two weeks later, the same student kicked me in the ribs. The bus aid was also hit during the incident. The school suspended the student for a week and then assigned him to another bus. What protections... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

You can and should have made a police report as each of those incidents constituted a battery on you. If the child is a minor, any charges would be processed through the juvenile justice system. Regardless of his/her, no student should be committing battery on a bus driver or the aid without... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: We live at a house in Indiana and we paid a $750 deposit when we got in here the house was filthy nasty we found black m

We got black mold in the basement no outlet to the kitchen the outlets that we d Have converted it to to six way adapter then the lights in the kitchen flicker some outlets just fall apart or shoot fire at you what can we do he owe this house for 20 years never did any work to it we're paid... View More

Charles Candiano
Charles Candiano
answered on Feb 11, 2025

So, the way this works is that you ask a question and we attempt to answer. The only question that you ask is purely hypothetical and impossible. Most importantly, you cannot do anything about "things he knows about." That would require that you are able to read his mind. What... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Can I sue my former middle school for an injury that happened 16 years ago

I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues

Charles Candiano
Charles Candiano
answered on Oct 28, 2024

The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Civil Rights and Energy, Oil and Gas for Indiana on
Q: Storm knocked down pole meter is on the pole also. REMC came out replaced pole didn't hook up wire from transformer to

Pole told me that I had to fix wire from meter to house get inspected and once I have green tag to call them back so they can finish. Well after 2 tries and $100 later the inspector gave me the green tag. The wire from the meter to the transformer still needed to be fixed and the new meter... View More

James L. Arrasmith
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answered on Apr 7, 2024

I'm so sorry to hear about the difficulties you've been facing with getting your electricity restored after the storm damage. Going 4-5 years without power, especially with your mother's medical needs, sounds incredibly challenging and frustrating.

It's unusual that the...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights, Medical Malpractice and Personal Injury for Indiana on
Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024

If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could... View More

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