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Indiana Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Need advice on insurance company trying to claim our statute of limitations ended in Indiana over an accident.

Their client was at fault, been trying to get a reasonable settlement outside of medical liens, and Selective insurance is now trying to say they don't owe us anything because we couldn't come to an agreement on what was a fair amount to resolve the issue.

Charles Candiano
Charles Candiano answered on Oct 9, 2021

If your accident occurred on or before 10-08-19 and you did NOT file suit on or before 10-08-21, the Statute of Limitations HAS run and you have no right to recover anything. This is yet another reason why you should have hired an experienced personal injury attorney. If the attorney missed the... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Products Liability for Indiana on
Q: Why would an insurance company offer to "resolve" the claim with payment after the claim was denied?

I am the third party in a product liability insurance claim. My claim was denied and I appealed the decision and it was denied again but have continued contact with the claims adjuster. Yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2021

An Indiana attorney could advise best, but your question remains open for a week. It's really anyone's guess why they want to resolve the claim all of a sudden. One possibility is that the claims adjuster needed additional information to evaluate the claim. And speaking with their insured... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: I have a medical malpractice lawsuit going on since January 2020 and my attorney does not share anything about my case?

My attorney has all my information, records, testimonials, and more I have depression and anxiety not to mention the injury from the medical malpractice I have to always seek him and when I talk to him all he says is we're waiting and I have been since January 2020 I don't know the... Read more »

Charles Candiano
Charles Candiano answered on Oct 1, 2021

If suit was filed in January, 2020, you may or may not have secured service of process before the Courts closed. All Indiana Civil Courts were closed for several months. Case activity depended heavily on jurisdiction and whether the Parties were comfortable with Zoom or other electronic media... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: My granddaughter was hurt at school Thursday and I wasn't notified or no note sent home she did she the school nurse

Took her to doctor she has a broken arm had to take her to orthopedic for cast and appt next week if not healing properly she will need surgery

Charles Candiano
Charles Candiano answered on Sep 12, 2021

Though certainly appropriate, the school has no duty to notify you. Moreover, you offer no facts to suggest that the school was responsible for her injury or that the delay in medical care resulted in further harm. If the school caused your child's injury or the delay made the injury worse... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Internet Law for Indiana on
Q: I got a question so as a victim do I have to testify at a bail revocation

Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial

Charles Candiano
Charles Candiano answered on Aug 22, 2021

Only if you want his/her bail revoked.

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: How long of Malpractice can you sue?

When I was 15 I was pregnant. I told the OBGYN (In the office every visit you saw a different OB it rotated between 2 OBGYN and 1 Midwife. I spoke to 1 and stated I did not believe I was as far along as stated and requested another ultrasound. It was denied and the head OBGYN stated he'd... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 1, 2021

Only an Indiana attorney could advise, but your question remains open for a week. I'm sorry for your ordeal with the case and for the loss of your father. Statutes of limitations are governed by state law, which is why only an Indiana attorney could advise. Some states do have tolling of... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: I was medically neglected and injured do to there neglect that resulted in death a week later

I just need call

Tim Akpinar
Tim Akpinar answered on Jun 26, 2021

An Indiana attorney could advise best, but your post remains open for a week. Something isn't clear from the wording of the description. It could be difficult for an attorney to call you, as you requested in the post. This forum doesn't work like an attorney referral service where... Read more »

1 Answer | Asked in Personal Injury, Wrongful Death and Divorce for Indiana on
Q: Can you be tested for poisons if you aren’t dead?

Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »

Charles Candiano
Charles Candiano answered on May 13, 2021

You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.

If you...
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1 Answer | Asked in Personal Injury and Products Liability for Indiana on
Q: What recourse can I have if a medicine was defective: contained less than the correct amount of active ingredient?

I am prescribed a blood thinner with refills every 3 months. The drug came from different generic drug manufacturers with each refill. I have reasons to believe that one of them had less than the correct amount of active ingredient putting my life in danger (though I don't know if any harm... Read more »

Charles Candiano
Charles Candiano answered on Apr 27, 2021

You already said that you were NOT harmed. No harm = zero recovery in personal injury litigation. So, why do you want to go through the time and expense of ordering chemical analysis of your medicine? What am I missing?

1 Answer | Asked in Personal Injury, Products Liability, Entertainment / Sports and Environmental for Indiana on
Q: baseball hitting my house, causes damage either to my property or to someone in the house who's liable?

School baseball field almost right next to our backyard, yesterday a fly ball crashed right into our yard a meter from me. I have three kids and I can't help but forsee glass windows breaking and one of the kids getting hurt. The school has a tall-ish fence up however the balls have been... Read more »

Brandon A. Yosha
Brandon A. Yosha answered on Apr 6, 2021

First, you should notify the superintendent of the little league program. It is quite possible that the superintendent will take steps to prevent foul balls from colliding into your house (i.e. building additional fencing. You could also hire an experienced Attorney to draft and prepare a temporary... Read more »

1 Answer | Asked in Personal Injury, Business Formation and Employment Discrimination for Indiana on
Q: I need help with a job related incident
Tim Akpinar
Tim Akpinar answered on Dec 11, 2020

An Indiana attorney could advise best, but your question remains open for a week. If the incident involved an injury sustained in the course of employment (you included personal injury in your categories), you could reach out to a workers' compensation attorney. Many offer free initial... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: Can i sue the plasma donation center?

So, I am not new to donating by any means. I used to allllllll the time in HS. I go to BioLife to donate for the first since I graduated. Well, the nurse had to keep coming back and messing with the machine(about 3 times) then a different nurse comes to me and says "let me monkey around with... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

An Indiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. But based on the brief description, it isn't clear if the damages are of a fleeting nature or something of significant impact that would be of a lasting duration. If the impact... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: Can I runaway at 18 and not get caught?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

Since your question remains open for four weeks, you may want to reach out to Indiana attorneys to be certain of any applicable state laws. But as a general matter in most places, 18 years of age is an adult. It's no one's business, but regardless of the law, being on your own at that age... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Indiana on
Q: If a car runs a stop sign causing a speeding moped to hit the car who is at fault? Can a video give probable for a charg

Can a police officer be at fault for giving a speeding charge and not a disregarding a stop sign? What if that same officer has been harassing the one charged?

Charles Candiano
Charles Candiano answered on Aug 27, 2020

Your question is not stated clearly enough to give you a definitive answer. If you are saying that a moped was proceeding straight, through an intersection for which it had the right-of-way and the car entered the intersection from the other road, failing to stop at the stop sign, the vehicle that... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Indiana on
Q: Can I sue for discrimination if someone is harassing me calling me names cause of my disabilities and taking my money

The girl is calling me retarded and blacked mailed me into giving her money and then steal money from my bank account and keep telling me I’m retarded and that I should kill myself

Andrew L. Bennett
Andrew L. Bennett answered on Aug 2, 2020

You need to call the police, it is very likely she is committing several crimes.

2 Answers | Asked in Personal Injury for Indiana on
Q: last night eating a Wendy's chocolate Frosty. When I choked on a large piece of plastic that was in frosty
Tim Akpinar
Tim Akpinar answered on Jul 25, 2020

An Indiana attorney could advise best, but your question remains open for a week. Based on the description, it would be a challenging case. You need to demonstrate significant damages, generally substantiated by medical evidence. If you choked on the plastic briefly, and then expelled it, it would... Read more »

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Indiana on
Q: If my 2 year old dog bit someone that grabbed her by the collar to stop her running off, am I liable?

My daughter opened the front door when her friend came over and our dog almost ran out the house. The adult who was dropping off my daughter's friend grabbed the dog's collar to stop her getting out and apparently the dog bit her. The woman left and did not say she was bitten until almost... Read more »

Tyler Young
Tyler Young answered on Jul 25, 2020

I can only answer your question with certainty based on Utah law, but in most states yes, you are strictly liable for the actions of your dog. Strict liability means that regardless of fault by you, or any knowledge that your pet might bite someone, by simply owning a pet you are responsible for... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Sexual Harassment for Indiana on
Q: My family dr wellness checkup asthma checkup nurse steps out he ask me disrobe sticks speculum inside me then his two

Fingers. He knew two years prior planned parenthood did paps since 13 yr. also I check at age 40 paps are done 3-5 yrs he knew I had one yr before so he intentionally sexual misconduct. I reported it to nurse on other side building 4 days later also MHS case manager and dr that had me report to... Read more »

James Avery
James Avery answered on Jun 27, 2020

A sexual assault which should be reported to the local police or Sheriff office. Send certified letter with all the details of they won’t take your statement. Get therapy through Victims Assistance if you can not afford it.

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for Indiana on
Q: I spent 5th grade with my mouth literally taped shut using 2” masking tape.

With I’m sure toxic glue as it was the 90’s, while the teacher encouraged the class to mock and make fun of me. I want to sue Demotte Elementary School, which is Kankakee Valley School Corp., I’m dead serious and will find representation somewhere. Most of those classmates are still residing... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

It would be best for an Indiana attorney to advise, but you await a response for four weeks. You ask about what type of lawyer? A personal injury lawyer, preferably one with insight into the education system. But you are looking at a very formidable challenge in terms of the timeline here. I'm... Read more »

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