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Indiana Personal Injury Questions & Answers
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
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... View 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
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... View 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
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.... View More

Ary Avnet
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... View 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
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
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...
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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
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
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
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
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
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
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... View More

Andrew L. Bennett
PREMIUM
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... View 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... View More

Chase T Wilson
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.

1 Answer | Asked in Personal Injury for Indiana on
Q: my husband is iN jail, a guard had him use a pair of scissors to try to remove an object out of an ELEC OUTLET resulting

in him being shocked. he has filed with us district court. what kind of atty do i need to search for. is this a winnable case? there is video of the incident. thank you

Chase T Wilson
Chase T Wilson
answered on Feb 16, 2018

You need to find a personal injury attorney.

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Indiana on
Q: being sued by the state for damage to city property due to a car accident what do they usually do if they won't settle

the judgement is still pending

- the attorney for Indiana will not settle

Chase T Wilson
Chase T Wilson
answered on Feb 16, 2018

They'll get a judgment and then collect, garnish your wages, or lien your tax return depending on what you do.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Indiana on
Q: I sustained a fall at work. Workmans Comp is doing what it should, but employer is demanding payment from me for my ins

that I pay weekly. Do I pay or are they suppose to while I'm injured?

Chase T Wilson
Chase T Wilson
answered on Feb 16, 2018

Worker's comp usually takes care of such things. I've never heard of an employer demanding you pay your work comp insurance while you're off work for a work related injury. Google worker's compensation attorneys in Indiana and give one a call. They'll know better than I do.

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Is it malpractice if surgeon had open wound while doing surgery?

It was a dog bite...patient contracted MRSA then sent home to treat it didn’t get better. Had to call the ambulance because of low blood pressure yellowing skin and eyes and then it advanced to sepsis. Multiple organ failure and slipped into partial coma. He called an ambulance 3 times before... View More

Chase T Wilson
Chase T Wilson
answered on Feb 16, 2018

I'm not sure if this would be considered medical malpractice or not. Your best bet would be to call the Indiana Bar Association and get a referral to a med-mal lawyer.

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: My plastic surgeon made a drain for an incision out of a latex glove can I sue the surgeon

I had a Brazilian butt lift and my body I guess rejected the surgery and I've had a total of 10 drainage tubes put in my body and the day after surgery when my doctor told me he was putting in a drain so it would leave an incision open to drain out into a diaper. As I was showering a piece of... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

Only if you can show that it caused a problem that wasn't there or wouldn't be there if he hadn't. If you have had 10 drainage tubes and still have them I think you want to see if you have an infection or if you need to see and infectious disease specialist.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Indiana on
Q: My v son had his dog on the front lawn while doing chores the dog a pit bull mix 10 yeas old and on a chain wandered to

See what the neighborder was doing..he niped her ankle, she called the police for the scratch. My son went to court then got insurance and made sure the dog was registered and that was that..now 7 mo later I get a letter from an attorney wanting my homeowners..what can I do. Not my dog, my sons my... View More

Chase T Wilson
Chase T Wilson
answered on Dec 21, 2017

If your son lives with you your homeowner's will probably also cover his negligence. The best course of action here is to turn the matter over to your homeowner's. They are required to represent you in any legal matter where you may have exposure.

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