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Indiana Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Is there a statute of limitations on auto accident lawsuits in Indiana?
Charles Candiano
Charles Candiano
answered on Feb 14, 2024

Suit MUST be filed on or before the 2nd anniversary of the accident or your 20th birthday, whichever occurs later. The Statute can be tolled by mental infirmity but you need to seek the guidance of an experienced personal injury attorney with all relevant details.

Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

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Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

James L. Arrasmith
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answered on Feb 24, 2024

Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the... View More

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1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Indiana on
Q: My GI doctor marked two boxes on my pre-screen for sedation before my scope procedures that is false information.

The boxes marked were intolerance to sedation previously and chronic benzodiazepine and narcotics. These are absolute lies. There were no adverse effects from previous scopes only a year prior and no drug use of any kind, besides tobacco, is on any of my medical history. Why would he mark these... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Indiana, if a medical professional inaccurately marks your medical records, it can raise serious concerns, particularly if it affects your care and safety. The reasons for marking those specific boxes on your pre-screen for sedation as intolerance to sedation and chronic use of benzodiazepines... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More

Charles Candiano
Charles Candiano
answered on Dec 30, 2023

Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Indiana on
Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?

A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have... View More

Charles Candiano
Charles Candiano
answered on Dec 15, 2023

The answer to your question is an unequivocal "NO." I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Am I able to sue some medical providers for malpractice for leaving staples in my foot?

I broke my foot. My foot was operated on by an orthopedic surgeon and a plastic surgeon. I was originally informed that they would be cutting my foot open and taking a piece of skin from my thigh to do a skin graft. However, they actually just cut some skin off the top of my foot to cover up the... View More

Charles Candiano
Charles Candiano
answered on Oct 31, 2023

The simple answer to your question is yes. Unfortunately, you can sue nearly anyone for nearly anything. If your real question is whether you have a viable claim (one where you will probably recover more money than you will spend), it is unclear without many more details. "Staples" can... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Q: Can i sue the estate of the person i was riding with who had no insurance I sustained injuries.

I was riding on a motorcycle with a person who come to find our had no insurance. This person has passed on the lawyer i spoke with basically said he couldn't help because there was no insurance. I was injured in this accident. I have had to have family and friends take care of me and get me... View More

Charles Candiano
Charles Candiano
answered on Oct 30, 2023

Like the answer to so many legal questions, it depends. First of all, you need to be able to prove that your friend who was operating the motorcycle was negligent (beyond the fact that he failed to purchase insurance). An attorney is unlikely to take your case because the attorney would have no... View More

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1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: How can I find names of attorneys in Indiana who will flie a lawsuit against an accountant (CPA)?

Accountant failed to file proper tax papers, failed to file tax papers on time, resulting in costing me tax refunds.

T. Augustus Claus
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answered on Oct 9, 2023

To find attorneys in Indiana who specialize in cases against accountants, you can start with the Indiana State Bar Association's referral service. Additionally, websites like Martindale-Hubbell and Avvo offer directories and ratings for attorneys, helping you identify those with expertise in... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: Can I file a Tort Claim on behalf of myself & my child for mental, emotional, & psychological trauma? My child is 14.
Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

A local attorney could advise best, but your question remains open for two weeks. Try to arrange a free consult with a law firm - your child probably can pursue rights if there is a valid claim - however, each jurisdiction is different in how it handles the infant's award. Nationwide, courts... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Do I have a medical malpractice case?

I gave birth in May of 22. It was a planned c-section. After c-sections nurses are supposed to come and press on your stomach to make sure you don't form a clot in your uterus. My nurses didn't do this, and I formed a blood clot that caused me to hemorrhage pretty badly. I believe it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes there is a potential case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may effect the... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: How long should reconstruction of an accident report take to get back. This was a wreck were two people lost their lives
Charles Candiano
Charles Candiano
answered on Jul 6, 2023

I hate to give you the stock answer but it depends upon many factors. For example, what types of vehicles were involved? How many vehicles were involved? Were semi's involved? What was the weather like? Were there eyewitnesses? What type of pavement? What type of grade (was the road... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Indiana on
Q: Axel snapped and tire flew off yesterday after it was "fixed" by mechanic that "fixed" it previously. What do I do?

My mom's car about a month ago had the tire fly off and axel break. They took it to a local mechanic that said it was due to an air bubble in the bearing that's why it broke and the tire fell off. They assured her and checked that all the others were fine and didn't need fixed. This... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2023

If she was injured, she should immediately contact a personal injury attorney in Allen County. If there are no injuries, the easiest thing for her to do is to make a claim with her own insurance. If the car had been serviced immediately prior to the incident and the incident can be related to the... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Wondering how hard it is to prove medical malpractice; misdiagnosis on grounds of profiling and discrimination

I am currently speaking and possibly seeking an attorney to hire regarding A misdiagnosis, as well as mistreatment/ discrimination that led to me almost becoming paralyzed or even possible death. I am an addict and during a long length of sobriety I had my medical history flagged to not administer... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Due to the nature of medical malpractice cases, most attorneys will not take on medical malpractice case unless there is significant harm caused by the malpractice (for example, what further damage was done during delay). Pain, even horrible pain, may not be sufficient for an attorney to take a... View More

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1 Answer | Asked in Personal Injury for Indiana on
Q: What documents do i need to file with the court when a mediation settlement agreement has beed reached?

I am representing myself in a personal injury lawsuit in Montgomery County Indiana. A mediation settlement agreement was reached between me and the defendant. I am unsure of what documents needs to be filed if any with the court. Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

An Indiana attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney as to a complete inventory of closing papers needed, one of the primary documents used nationwide to conclude settlement of a claim is a release form. A release... View More

2 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: If I was in a wreck and didn't go to the Hospital and 2 months later I knew something was wrong with my HEALTH and body

And went to see an Attorney and we went into arbitration and I kept telling my Attorney I did not want to settle out of court and he pressured me to settle cause I didn't go to the Hospital and this whole time I live in Pain and my back and right side of my body was deeply effected I have... View More

Charles Candiano
Charles Candiano
answered on Mar 7, 2023

The facts that you provide are not sufficient to provide a meaningful response. It is absolutely true that waiting two months to secure medical care is usually fatal to your claim. That said, you know the old expression "it depends."

I understand that if you're not...
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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: If a car hits someone on a scooter is the person on the scooters fault cause impd said it shouldn't be on the streets
Tim Akpinar
Tim Akpinar
answered on Feb 28, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. It depends more on the manner in which the accident occurred and how the scooter was operated. If the scooter shouldn't have been on the streets, a court could look at that point. But in general, that might... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... View More

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: How do I fire my present personal injury lawyer for improper billing
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2024

An Indiana attorney could advise best, but your question remains open for five weeks. Generally, clients are free to fire attorneys, and vice-versa. However, that doesn't mean that a lien wouldn't arise, depending on efforts expended to date. One option could be to first discuss the bills... View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Indiana on
Q: My personal and private information has been Breached without any type of USPS mail email or by phone from a few Giants

Equifax Data Breach being the most recent but now since I it have found out about all these things and filling for the settlement and claims with the cfpb and ftc and all 3 bureaus and others no changes have been made I personally raised My own over 300 plus points no updates check all My data... View More

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

The way this works is you ask a question and we do our best to answer it. I don't see any question. Please rephrase.

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