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Indiana Personal Injury Questions & Answers
1 Answer | Asked in Divorce, Personal Injury and Legal Malpractice for Indiana on
Q: My lawyer did nothing in my case was MIA FOR FOUR MONTHS

When we went to court the judge gave my ex every thing leaving me homeless and broke

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 29, 2017

Consult with a malpractice attorney in your area and if you wish to file a grievance against him or her you can do so with the disciplinary commission.

1 Answer | Asked in Personal Injury, Child Custody, Small Claims and Libel & Slander for Indiana on
Q: Facebook and cps false allegations made of drugs and child abuse as well as residency. Proof of being false. What's next

A family members ex called cps making claim I do drugs as well as physically harm my child. She has also posted on social media in open as to me lying about having cancer and lying to the government for assistance for myself and child. I have photos proof as well as copies cps has looked at my... View More

Chase T Wilson
Chase T Wilson
answered on Jul 20, 2017

You may have a claim, but these types of claims are not only extremely difficult to prove, they also rarely pay out as there is no insurance and most individuals don't have the money to pay a substantial verdict. You also have to show the economic harm that these statements have caused, which... View More

2 Answers | Asked in Personal Injury for Indiana on
Q: What evidence do you need to support a car accident lawsuit? The other person ran a red light and t-boned my car.
Chase T Wilson
Chase T Wilson
answered on Jul 11, 2017

You'll need the police report which puts the other party at fault, any vehicle repair estimates, pictures of both your vehicle and injuries if you have any, proof of wages and wage loss if you have any, and medical records and bills related to the injuries. There are other things that can be... View More

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1 Answer | Asked in Libel & Slander and Personal Injury for Indiana on
Q: My boyfriend was hit deliberately by an acquaintance. His sister went back and forth spreading information.

Ultimately his picture and address were posted on fb calling him a child molester. His sister claims she notified us.by mail can we sue them also.

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2017

You could but unless they have a lot of money you will spend a ton and get little. Suggest you contact an attorney for a cease and desist letter to her and facebook. There may be a possibility of a complaint to the police for harassment depending on the law in your state.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Indiana on
Q: What if a female and her pups are brought to my property and then not taken care of. What are my rights?

I was asked if someone could bring their mom and pups out temporarily and put them in my garage. I noticed no one had been out to feed or water them or let them out. I went in garage and found starved puppies living in their own feces. I have asked the owners to come get them and clean my garage.... View More

Chase T Wilson
Chase T Wilson
answered on Jun 19, 2017

This isn't a personal injury question, but you have a few options. You can 1) Take care of the dogs or 2) Call the Indy Humane Society and have them come get them, their number for Indianapolis is (317) 872-5650. If you do neither you could possible be charged with animal neglect or cruelty.... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: I was hurt at work from a fall. This resulted in a fractured shoulder. My doctor released me to work with restrictions.

I was told if I can't come back by a date that my job would be terminated. They can't do my restrictions. If I lose my job will I lose workers comp as well?

Chase T Wilson
Chase T Wilson
answered on May 31, 2017

Losing your job should not cost you your workers compensation benefits. Also, you should speak to an employment attorney about whether or not they can legally terminate you due to injuries sustained on the job.

1 Answer | Asked in Libel & Slander and Personal Injury for Indiana on
Q: son was hit in the face by another boy the mom screamed in front of neighbors that my son was a drugie is this slander

Plus the father threatened to beat up minors at the park. The police stated this was all legal. I'd like to know what to do next

Chase T Wilson
Chase T Wilson
answered on May 30, 2017

Your son being hit in the face isn't legal, that's battery. If your son was injured there is a chance you could sue for his injuries, but it'll be an uphill battle unless they have homeowners insurance. As far as the druggie allegations, libel or slander are very difficult to show.

2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

I was walking out of my garage going to get mail. Next door neighbor's dog ran up to me and started barking. While the minor who was with him told me he (the dog) didn't bite, the dog instead bit me three times. One of those times left a mark on my lower leg. I spoke with one parent who... View More

Chase T Wilson
Chase T Wilson
answered on May 22, 2017

Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity... View More

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2 Answers | Asked in Personal Injury for Indiana on
Q: Can you sue a county or city for a bad road that contributed to an accident?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 12, 2017

Could you? Yes, you can sue anything for anyone. The question is always whether or not is likely that your claim will succeed. If the condition of the roads, traffic setup, improper lighting, no rail guards, etc. etc. contributed to causing an accident or contributed to any damages incurred, often... View More

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1 Answer | Asked in Personal Injury for Indiana on
Q: I was searching for my dog that got out and when I was I tripped over some uneven sidewalk and fractured my left forearm

And I got a lot of bumps and bruises also. Can I did the city.

Chase T Wilson
Chase T Wilson
answered on Apr 28, 2017

You can sue the city, but you're unlikely to prevail. Even if you do you won't get a lot. In cases against a government entity if you're found to be even 1% at fault you get nothing and in this case you were likely contributorily negligent due to either not seeing the uneven sidewalk... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: I was assisting in loading a heavy counter- top at Home DP. My finger was broken when he shoved it into the bed.

I filed a report at the store. Went the next day and had an x-ray. Have my own pictures. Do I have a good case for liability?

Chase T Wilson
Chase T Wilson
answered on Apr 28, 2017

It will be difficult to prove if you didn't file a report with the store because they'll just deny that the injury occurred at the store and you don't have anything to prove it with. That being said, contact a local personal injury lawyer as soon as possible to discuss your case further.

1 Answer | Asked in Personal Injury for Indiana on
Q: I was helping to load a washer into my truck at a store and my finger was broken due to the employee helping me.

While we were loading, he shoved the washer forward smashing my hand between the washer and my truck fracturing one finger. I filed a report and went the next morning for an x-ray. I have my own pictures and all documentation. Do I have a good case for liability?

Chase T Wilson
Chase T Wilson
answered on Apr 28, 2017

You have a tough case because you were arguably contributorily negligent and assumed the risk that you might be injured by helping him.

That being said, you should speak with a local personal injury attorney as soon as possible because your injuries are significant.

1 Answer | Asked in Health Care Law, Business Formation, Elder Law and Personal Injury for Indiana on
Q: My wife and I are caring for her mother in our home. Is a LLC or corporation a precaution to limit our liability ?

We are experienced caregivers but wonder about repercussions from a fall or injury to my mother in law.

Chase T Wilson
Chase T Wilson
answered on Apr 28, 2017

I'm not sure how you'd be held liable for anything here if you're taking care of your daughter's mother. Forming an LLC seems like a bit much.

3 Answers | Asked in Personal Injury and Criminal Law for Indiana on
Q: If a 40 year old adult busted a 17 year olds head open what could happen to the 40 year old
Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Depends on circumstances--could be charged with anything from assault & battery to attempted murder.

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3 Answers | Asked in Personal Injury and Car Accidents for Indiana on
Q: What does this mean-Cause Of Action: Diversity-Petition for Removal?
Paul Stanko
Paul Stanko
answered on Apr 16, 2017

It sounds like the defendant is petitioning a state court for removal of a personal injury case to federal district court due to diversity of citizenship (parties are citizens of different states). Consult your attorney as to how to handle this.

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1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: what does diversity-petition for removal mean?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 15, 2017

Removal means that a party is seeking to remove the court case from state court to federal court on the basis of diversity of the parties. Diversity in this case means that the parties are domiciled in different states and the lawsuit meets a certain threshold of possible damages.

4 Answers | Asked in Personal Injury for Indiana on
Q: If I don't have auto insurance is there a limit to how much I can be responsible to pay after an accident?
Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

Was it your fault? Generally, no limit. If it looks serious you can get bankruptcy protection.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Indiana on
Q: If my dog bites someone in my home can the person sue me?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 12, 2017

Anyone can sue you. The question is whether or not they would have a solid basis for a claim. Yes, a person would have a claim if your dog bit them and caused them injury, no matter where it happened.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: I have a pending on the job accident that led to injury to my right shoulder, 2 small tears in my rotator cuff,

I have went without proper medical attention, had to seek that myself. Have not been compensated since December 12th 2016... Getting a total run around with employer's insurance

Chase T Wilson
Chase T Wilson
answered on Apr 10, 2017

You need to hire a local workers compensation attorney.

1 Answer | Asked in Personal Injury for Indiana on
Q: Are places of employment responsible to keep outside stairs to designated smoking areas free of ice?
Chase T Wilson
Chase T Wilson
answered on Apr 10, 2017

The answer is one that will depend on a plethora of facts, but it is likely yes. If you were injured at work, however, this will be a workers compensation issue, not a personal injury issue. It would be wise to contact a local personal injury lawyer.

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