How Liability is determined in a civil lawsuit

In Indiana, and in fact in any state, the onus is on the plaintiff and their attorneys to establish the liability of a second party in their injury, wrongful death, or malpractice case. In a jury trial, the plaintiff must convince the jury, using evidence and testimony from witnesses and experts, of the defendant’s liability. This can be tricky, and isn’t exactly a science, but an experienced personal injury attorney can get a good sense of what type of evidence (and how much) is generally sufficient to convince a jury of the plaintiff’s liability.

When you’re pursuing a case, your attorney is likely to ask you a lot of questions, and he or she is going to need specific answers and documentation (such as medical bills). These are the evidence he or she will be compiling to build your case, and getting as much information as possible together is an important way to work with your attorney. However, be sure to only focus on the specific details of your case; your attorney already possesses a high level of expertise regarding personal injury cases in general, and has a wide variety of sources and experts from which to draw critical information and testimony. Once your attorney has the specific details of your accident in hand, they will begin to apply this general expertise, and construct the case.

Often, in order to avoid a costly and lengthy jury trial, a defendant who is presented with sufficiently strong evidence against them will be convinced by their lawyers to enter into settlement negotiations. This is often ideal, because it gains the plaintiff the justice they need in a much shorter period of time, without the long and difficult process of a jury trial.

What’s different about a motorcycle accident?

Motorcycles are in many way vehicles like any other, and in the state of Indiana their use and operation, with a few exceptions, is regulated by exactly the same laws that govern ordinary cars and trucks. When it comes to a personal injury case involving motorcycles, however, while the laws themselves may be the same, the way the case plays out can be very different. This can happen for two reasons.

1. Motorcycles are more dangerous than cars. A bike is more difficult to control than most other vehicles, and requires an extra attentiveness on the part of the driver. Also, the risks of serious injury in a crash are significantly higher on a motorcycle, because they’re much smaller than other vehicles and can’t be equipped with life-saving devices such as air bags and seat belts. These risks are well known to anyone who rides a motorcycle. For our purposes, the important difference is that a much higher number of accident cases we deal with for motorcycles involve incredibly serious injuries, meaning that the stakes are higher than in other cases. Someone who has been injured in a motorcycle accident needs to win.

Unfortunately, this brings us to our second point:

2. Motorcycle riders are not often given the benefit of the doubt. While the laws in Indiana are very clear, and apply equally to everyone, laws are enforced by people, and people are subject to biases, often without knowing it. Because riding a motorcycle is riskier than driving a car or truck, riders can be perceived by others as being more responsible for their injuries than they really are. Often, other drivers, police, judges and juries will start out by making erroneous judgments about motorcycle riders, and combating those prejudices is an uphill battle.

Fortunately, Indiana’s best personal injury lawyers have years of experience in motorcycle accident cases, and know how to fight for the justice our clients need and deserve.

The process for a wrongful death suit

The loss of a loved one is always a traumatic event, and it can be much more so when the death is sudden, and caused by the negligence or wrongful action of another. In addition to the emotion and stress which accompanies such tragedy, wrongful deaths can take a heavy financial toll on families, which is why the State of Indiana has laws allowing for wrongful death suits. Here are some things you have to take into account when considering a wrongful death suit in Indiana:

1. You only have two years. Unfortunately,  the statute of limitations for wrongful death is the same as that of other suits in Indiana, which can be a very short period of time for something as complex as assembling a wrongful death case. Contact your attorney as soon as possible once you’ve decided to pursue a case.

2. A wrongful death suit is only to recuperate lost income and expenses incurred. You cannot sue for pain & suffering, or punitive damages in a wrongful death suit in Indiana. The law is designed to lessen the financial hardship suffered by the bereaved, and dependents can sue for lost wages of the deceased, but the law doesn’t allow for less direct costs to be redressed in the case of wrongful death. The law does however allow for a suit to include the lost “love and companionship” of the deceased.

3. Only those who are financially affected by the death can sue. The suit must be brought by the widow, widower or dependents of the deceased, or in the absence of such dependents, whoever paid for the hospitalization or funeral expenses can bring a suit.

The above are general guidelines for a wrongful death suit. However, every case is somewhat different. It’s important to discuss your case with an attorney experienced in wrongful death cases as soon as possible, so that he can begin to construct the case for you within the deadline. While it is impossible to replace someone you’ve lost, it’s important for you and your family to not suffer financial hardship after a wrongful death.

What can I do after the statute of limitations has run out?

It could be that you’ve been on the fence about whether or not to sue for your injury resulting from an accident for a long time, and you’re quickly approaching the statute of limitations (two years from the time of your accident) for filing a suit in civil court. What happens when that runs out? Can you still pursue legal action against the responsible parties and get the reparations you need for your injuries?

The short, yet difficult answer is that generally speaking, you can’t. The statute of limitations in Indiana was set up to streamline the legal process, so that spurious suits aren’t brought to the courts several years after the incident occurred, and after much of the significant evidence has been lost. However, sometimes completely reasonable suits are effectively prevented by this law as well. In general, there’s no way around the statute of limitations. You have to officially file the suit in the courts within two years of your accident, or unfortunately, there’s very little that even the best personal injury lawyer can do for you.

The bottom line is that if you think you have a case, talk to a personal injury attorney before the statute of limitations runs out. Be aware that a personal injury suit is a complex process, and that the decision to pursue a case is best discussed with an experienced personal injury lawyer.

Be sure to know who’s involved

When you’ve been in an accident in Indiana that wasn’t your fault, whether it was a car accident, slip and fall, or caused by a defective product or service, it’s important to sift through the complexity (or deceptive simplicity, in some cases) of the ordeal, and determine who the key players are. This can be especially helpful when you’re consulting with a personal injury attorney, as it helps you to get the facts straight. Usually, the other people you need to keep track of (and maybe even get in touch with) can be grouped into the following categories:

1. Other accident victims. Specifically, these would be other people who were harmed or whose property was damaged by the same person or thing which caused your injury, but who do not seem responsible for the accident. This can include people who were harmed by the same cause, but not at the same time, in the case of a defective product or improperly maintained road.

2. Witnesses. At the scene of the accident, make sure that you exchange phone numbers with others at the scene, whether they were harmed or not. Their viewpoint could be crucial in establishing your case. This category can also include experts in the particular cause of your accident, but your lawyer ordinarily will know how to get in touch with these people.

3. Causes (primary and ancillary). In order for a personal injury law suit to be successful, the plaintiff (that’s you) and their lawyers must establish that a third party was responsible for your accident. Chances are, if you’re beginning the search for a dependable personal injury lawyer, you’ve already got a pretty good idea of the cause of your accident. However, don’t take your initial conclusions for granted. You could easily be missing something important. Think it through again. Discuss all the alternatives with your lawyer.

Deciding when and when not to sue

If you’ve been injured due to someone else’s error or negligence, you can be understandably angry with the other person involved, and want justice in addition to reparations for your injuries. However, it’s important to keep a clear head as you try to decide how to move forward. Not all injuries can result in a winning case, or one which is sufficiently strong to receive a settlement out of court. Here are a couple of things to consider, and to talk over with a lawyer:

1. How serious was the injury? It’s important to keep in mind that in the end, this is the biggest single question to ask yourself, and that in the end, the answer to this question will be a number. Specifically, it will be the amount of money required to sufficiently compensate you for your injury. You may not be able to work out a good answer to this question without the assistance of an attorney, but you can start by compiling medical bills, and figuring out how much of your wages or other income were lost due to the injury. If you were in a car accident, the cost of repairing or replacing your car would also factor in here. If you’ve been permanently disabled in any way by the accident, this number is of course harder to calculate, but it is doable.

2. Can you establish that the injury was the result of someone else’s action or inaction? Who else? This answer can also be a bit tricky. For example, in a car accident, there could be more people involved than just the person who immediately caused the accident, such as the authorities responsible for maintaining safe road conditions. This will be different in every case, but the main question is whether or not it can be established, from a legal standpoint, that your injury was someone else’s fault (and whose fault it was).

If you’re having trouble coming up with a definitive answer to these questions, it may not be the best idea to pursue a lawsuit that can take several months, when there’s little discernible benefit from doing so. However, in many cases, these answers are much easier to come up with after speaking with an expert in personal injury in Indiana, who has years of experience dealing with cases like yours. In most cases, your attorney won’t get paid unless you do, so you can count on them to be honest with you about the feasibility of pursuing your case.

Keeping your life moving during a lawsuit

A personal injury lawsuit in Indiana (or any state, for that matter) can take a long period of time, and can be an emotionally stressful time for the plaintiff (that’s you), who often is still coping with the effects of the injury.  During this time, it’s important that you keep living your life, and continue to focus on getting well. Remember, that’s why you entered into the suit in the first place: to move on with your life as much as you can. Here are some practical tips for making the most of what can be a very difficult time.

1. Read. This one can be particularly helpful if your injury prevents more physical activities (but if it doesn’t, see below). It’s also a good idea to be selective about what you end up reading. If you tend to get worked up and angry by reading your favorite political author, or if a novelist has a tendency to make you even more emotional, then maybe a change of pace is in order. Find something fun or inspiring. Join a book club, or just start your own with a friend or two, and discuss the book together.

2. Be social. Don’t let your injury prevent you from interacting with people. If you’re stuck at home, invite friends over for a visit. Participate in an organization, or volunteer your time with a charity that you care about. Interaction with people you care about with people you care about, and being part of something bigger than yourself can be a great way to help the healing process along.

3. Be active. Regular exercise is extremely important for your health and well-being. It also can have the added benefit of helping you feel better, more energetic, and more focused.  Even if you’re not able to get up and go outside, use hand weights. Set realistic, yet ambitious goals for yourself, whether it’s training to run a competitive 8k, or getting up and walking to and from the living room a couple of times a day. Talk to your physician about the best routine for you, but make sure that it is a routine, and stick to it. Joining a gym or a fitness class can be  a great way to increase both your physical activity and your social life.

With an experienced personal injury lawyer, your case is in good hands. Keep in touch with your lawyer, and they’ll let you know how things are progressing. After all, they don’t collect unless you do. But while you’re waiting for your case to progress, take advantage of this time to improve your life in any way you can.

Suing for weather-related injury?

 

 

The winter months are the most dangerous ones for living in Indiana, with road and sidewalk conditions often becoming unpredictable and dangerous. When you’re injured due to weather-related conditions, often there could be no one at fault, and there’s no recompense for your injury, except potentially from your own insurance company. But before you begin filing that claim, it’s worth considering if in fact there may have been other responsible parties. Did your accident occur at your own home? If not, who was responsible for maintaining the premises? Was the person responsible for upkeep negligent in their duties? In rapidly changing weather conditions, the answers to these questions could be far from obvious, and it may help to discuss the matter thoroughly with a personal injury attorney, but it can also be helpful to think the event through in your mind before calling the attorney, so you don’t waste your time or theirs. If someone else was responsible for keeping the location of your accident safe, there are certain responsibilities that they have to anyone who might be on the premises. If it’s a public location, such as a store or office, the owner should be expected to keep walkways clear for safe foot traffic, including shoveling and de-icing (usually with road salt). While they can’t be expected to provide these services instantaneously after a snowfall or ice storm, the maximum precautions should be taken, in the quickest time possible. After all, if they’re there to open their doors for business, they should be able to (reasonably) assure the safety of the customers they serve.

As always, the best thing to do if you’ve been injured in a slip-and-fall is to keep a clear head, and document everything. Nearly every cell phone is now a camera. Take pictures before you even leave the scene of the accident, being sure to document what you believe to be the most immediate causes of the injury. If you’re too incapacitated to take the pictures yourself while waiting for an ambulance, ask someone else to take photos with your phone, or to take pictures with their own phone and send them with you. Get the phone number of someone else who was there. As early after the accident as possible, call a personal injury lawyer to discuss the particulars of the accident. Get the help you need.

Don’t tie your hands – read the fine print


Dealing with the stress and pain of an accident-related injury can be difficult. It can even seem impossible. Attending an injury there are always many medical and insurance forms to fill out and sign, and it may seem too much to deal with to go through it all. You just want the pain to go away. As difficult as all of it must seem, it’s important to keep your cool. Think things through. Have a trusted friend or relative help you with the paperwork. Whatever you do, make sure that you read anything that you sign thoroughly. You don’t want to idemnify other parties for your accident, or sign any agreement with your insurance provider not to pursue further compensation for your injuries. Instead, contact an experienced personal injury lawyer in Indiana. Let him or her help you with the paperwork, and advise you on what should and shouldn’t be signed. Talk to them about getting the compensation you need and deserve for your accident. You owe it to yourself.

Navigating the murky emotional waters of a medical malpractice claim


Usually, when someone is hurt by medical malpractice, there are layers of issues to be dealt with from a purely logistical standpoint—long paper trails, phone calls to make, visits with other physicians for a second opinion—that it can seem incredibly difficult to just put one foot in front of the other and get your case moving, so that you can begin to move on with your life, and to get the treatment you need. This mentally (and often physically) draining situation can be exacerbated by the fact that, often, your physician is someone with whom you’ve had a relationship for a long period of time, and it can be difficult for you from an emotional standpoint to pursue a medical malpractice claim against them. This can be true for a general practitioner who has provided medical care for your family for years, or a surgeon with whom you’ve had several pre-op consultations. Part of you could feel betrayed by their failure to properly do their job, while part of you might also want to let it slide, because they’re a person whom you’ve come to like.

Neither of these feelings, while completely natural, is particularly constructive. First of all, it’s important to realize that everyone makes mistakes, even people whom you’ve trusted with something as important as your physical health. If you’ve been injured by medical malpractice, it doesn’t matter who it was that made the slip-up, or how much you care for them, or even how angry you may be with them. You need reparations for the damage that has been caused, so that you can continue further treatment, and you should not (and often cannot) bear the brunt of someone else’s mistakes. It’s that simple.

Unfortunately, it never feels that simple. In addition to your physical suffering, a medical malpractice case can be a very emotionally painful experience. That’s why you need an attorney who is experienced in medical malpractice to help you. In addition to having extensive knowledge of the law and legal processes, your attorney also brings an incredibly important objectivity to your case. The only relationship he is concerned with is his relationship with you, and in this case, that’s a considerable asset to have on your side.