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Indiana Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Products Liability and Legal Malpractice for Indiana on
Q: This company failed to put warnings on packaging. Can I and should I sue the company. How do I sue the company?

I decided to get a face mask while i was at the store. I put the mask on and it started burning and stinging. Apparently I'm allergic to it since my whole face is blotchy, red, and swollen for over 2 hours now. The product has no allergic reaction warnings. The product also does not inform... View More

James Avery
James Avery
answered on May 10, 2020

It’s not inherently unsafe if you had an idiosyncratic reaction; however, report it to the CA BBB and Consumer Product Safety Commission. If you end up having serious disfiguring scars it might be worth talking for their to a lawyer.

1 Answer | Asked in Personal Injury for Indiana on
Q: Where do I report a healthcare practitioner? I have been extremely unwell... Little has been done to help the situation

Over the last few years I have become very unwell. I was a normally functioning person but became unwell and am still unwell. When I go to a medical provider, nothing is done to actually acknowledge what's wrong. Many times they say something similarily equal to "nah". My... View More

Charles Candiano
Charles Candiano
answered on May 7, 2020

Complaints are filed with the Attorney General at https://indianaattorneygeneral.secure.force.com/ConsumerComplaintForm

On your facts, you may simply wish to seek a second opinion from another doctor as you do not describe any conduct that suggests the doctor is causing harm to you or...
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1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for Indiana on
Q: if i wanted to file a lawsuit against a medical provider for refusing service to me. How can I?

I went to this provider and stated that I had pain in a particular area of my body. He roughly and unexpectedly tapped the area with his instrument causing immediate pain to me and I reacted by coming up out of my seated position, to the Dr.'s alarm. I immediately and angrily said to him... View More

James Avery
James Avery
answered on Apr 23, 2020

You have to start by filing a complaint with the Commissioner of Insurance. Go to the website to get the particulars.

3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

Charles Candiano
Charles Candiano
answered on Apr 5, 2020

if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for... View More

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1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: What is it considered when someone tries to kiss or touch my baby without my consent because they adore babies?

People try to kiss and handle my daughter all the time in public because they love babies and think she’s adorable I ask them to back away and they get really mad with me. If they try to come back anyways I sometimes have to shove them away. What’s the legal standing on people attempting to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2020

You'd have to check with an Indiana attorney on this, as to how the kiss or touch could be defined under state penal codes or civil laws. But your post remains open for four weeks. By textbook definition, one could argue that the conduct amounts to battery, but in terms of viability, it... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Indiana on
Q: When should a torte case be on Justia after papers sent?
Timothy Rowe
Timothy Rowe
answered on Feb 15, 2020

It is always a good idea to seek legal counsel immediately after an injury or accident to see what your legal rights and options are. It does not have to wait until litigation is initiated. Most consultations are free so it does not hurt to talk to an an attorney experienced in personal injury. The... View More

1 Answer | Asked in Personal Injury and Tax Law for Indiana on
Q: Is there a way to waive the 10% fee for early withdrawal of a 401k due to personal injury resulting in job loss?

My husband was involved in a rear end collision that caused damage to his spine. He will soon lose his physically demanding job due to his injury. We need to withdraw from his 401k - would this situation exempt us from paying the 10% penalty for early withdrawal? Thank you!

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2020

A tax attorney or officer at your bank should be able to advise you on the tax aspects of such a withdrawal. But the more important question here is why you and your husband are contemplating the withdrawal. If your husband is represented by an attorney in this accident, it's possible that... View More

1 Answer | Asked in Insurance Defense and Personal Injury for Indiana on
Q: the person was in the wrong and I went to the hospital with injuries I went for 12 weeks of therapy

I had my hand operated on lost 30% I have a spine problem also

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2020

There wasn't a question here, but your post remains open for two weeks. If you're wondering what your rights are or how to pursue them in a legal action (you already realize the other party is at fault), you could contact an Indiana attorney to discuss your matter. If you already have an... View More

2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Indiana on
Q: How do I go about pressing charges for a battery case with bodily injury the police arent persuing.

Have medical bills in collection now because of it as well as damaged property. I am being discriminated against by the local police and they are trying to give me the run around.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Dec 30, 2019

You can contact the prosecutors office to see if they will do a citizen intake to discuss the case with you.

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1 Answer | Asked in Personal Injury for Indiana on
Q: My teen was sexually assaulted, the person was been caught and charged.

Is there any lawyer that would take my case on this matter, I want these people to pay for what happened to my daughter.My teen was sexually assaulted, the person was been caught and charged. I want to sue if possible him, the person who took the video and posted it online, also the home owner.

Jonathan Armiger
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Jonathan Armiger
answered on Nov 5, 2019

Thank you for posting your question. I am very sorry to hear about what happened to your daughter. To answer your question, yes, I think you would be able to find a lawyer to assist you, and certainly, at the least, to advise you on possible legal remedies, one of which may be an action under... View More

3 Answers | Asked in Personal Injury and Civil Rights for Indiana on
Q: Lawyer is quiting in middle of lawsuit. Stated his reasons which I think are just try to cover for a violation of confid

I have to go to deposition in December. Confidentiality. By giving opposing lawyer acsses to my medical records.

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

Opposing lawyer is entitled to access to your records if you are making an injury claim. You need to ask your attorney's assistance in finding a lawyer. He has to file a motion to have the Court allow him out unless you already consented.

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3 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Q: If a cyclist on a sidewalk crosses in front of my car as I begin to accelerate from a complete stop and [Cont.]

there is a collision, who is at fault?

Peter N. Munsing
Peter N. Munsing
answered on Jul 29, 2019

Depends on who is where, but you need to report it to your car insurance if you were the car driver, if you were the cyclist contact a ember of the Indiana Assn for Justice in your county.

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2 Answers | Asked in Personal Injury for Indiana on
Q: I fell about a year ago in a McDonalds. I still have pain but never pursued further. Is it too late?
Peter C. Wachowski
PREMIUM
Peter C. Wachowski
answered on Jul 12, 2019

Depending on the statute of limitations of what state this accident occurred in you may have time, in theory, to file a claim. In the state of Indiana you would have a two-year period from the date of accident to file a claim. I will answer this question based on the state of Indiana statute of... View More

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2 Answers | Asked in Car Accidents, Personal Injury, Traffic Tickets and Domestic Violence for Indiana on
Q: What can I do if someone throws something at my moving vehicle on purpose? Its threating.
John Paul Young
John Paul Young
answered on Jul 2, 2019

Obtain their license plate number, call police and report it. . Do not try and confront the persons throwing the items at your car.

If it really is intentional the insurance company for the person who threw the item will not pay for the damage. You will likely find that the thrower does...
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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... View More

John Paul Young
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... View 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
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
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.... View More

John Paul Young
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... View 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
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
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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