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Indiana Personal Injury Questions & Answers
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... Read 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 doesn't... Read 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... Read 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 other... Read 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 attorney,... Read 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
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
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... Read more »

1 Answer | 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.

Tim Akpinar
Tim Akpinar answered on Sep 8, 2019

Based on the limited facts here, I don't suspect that there was a violation of confidentiality here. You posted this under Personal Injury. If you are the plaintiff in a personal injury case, your lawyer would provide your medical records to opposing counsel as a normal course of action. It's part... Read more »

2 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
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... Read 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...
Read more »

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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... Read 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... Read 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.... Read 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... Read 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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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... Read 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... Read 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.

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