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  Having an   automobile accident in Indiana   can become a significant financial burden for an injured person. This burden can be compounded when the at-fault party does not have insurance or does not have an insurance policy sufficient to cover damages. Under Indiana law all drivers are required to have what is known as 25/50/10 coverage, meaning a minimum coverage of $25,000 for each person for bodily injury, minimum liability limit of $50,000 for each accident, and a minimum of $10,000 in coverage for property damage. However, despite these laws, there are still cars on the road who are either uninsured or under insured. Therefore, in order to promote opportunity for innocent individuals to recover for damages in the event of an accident with another driver who is not properly insured, Indiana requires that auto insurance providers to provide their customers uninsured and under insured motorist coverage, for either a single premium or for separate premiums, in limits at least equal

  In Indiana personal injury law large personal injury jury awards and settlement amounts for cases such as brain injuries, spinal cord injuries or medical malpractice are often paid in part by means of a structured settlement. The way structured settlements work can vary, but usually, the paying party purchases an annuity from an insurance company and the injured party receives payments over a period of years. The total amount of the structured settlement is general far more than what the injured party would receive with a straight cash settlement. This arrangement can have both advantages and disadvantages, and the person receiving the payments has to carefully consider whether or not to accept a structured settlement. The primary advantage and disadvantage of receiving a lump sum payment are really the same: liquidity.  https://askcompetentlawyer.com/business-commercial-litigation/   Someone suddenly has a whole lot of cash. Like with winning the lottery, this may or may not be a go

  A recent Indiana Supreme Court opinion has clarified the role of an injured party's ability to express opinions about their injury and what a defense medical expert can say about the medical treatment received in an Indiana personal injury case. In Sibbing v. Cave, 2010 WL 744928 (Ind.) the plaintiff, Mrs. Cave, brought suit after she was injured in a motor vehicle collision with the defendant, Mr. Sibbing. Mr. Sibbing admitted liability but argued that Mrs. Cave's injuries were not caused by the crash. The trial court entered judgment for the plaintiff, Mrs. Cave.  https://askcompetentlawyer.com/civil-litigation/   The defendant, Mr. Sibbing, appealed, arguing that the trial court erred by allowing Mrs. Cave to give her own opinion on the cause of her pain. Mr. Sibbing also argued that the trial court erred by excluding his hired medical expert to testify that the plaintiff really didn't need all the medical treatment she received. The Indiana Supreme Court found that Mr

  In the wake of over 1,000 lawsuits filed by women who claim to have suffered serious injuries from the effects of   birth control pills Yaz and Yasmin , German manufacturer Bayer has updated labelling information on those products regarding the risks of their use.  https://askcompetentlawyer.com/   The new information, which was recently approved by the FDA in April, highlights the risk of thromboembolism (blood clots migrating through the venous or arterial system and causing occlusion) in women using Yasmin compared to those in women using oral contraceptives containing other progestins. A progestin is a steroid hormone used to produce the effect of the female hormone progesterone. Different birth control pills may use different progestins to produce the contraceptive effect. A recent study conducted in the Netherlands, which compared the effects of a variety of oral contraceptives in a population of over 1500 women and was published in the British Medical Journal highlights an inc

  When an Indiana insurer fails to pay a claim on a policy, the policy holder has two possible legal remedies: a contract claim and a tort claim. The principle distinction between the two is that, as a matter of public policy, punitive damages are only available in tort claims. Therefore, if an insurer wrongly denies coverage and violates an insurance contract, a breach of contract claim will only allow recovery up to the face value of the policy.  https://askcompetentlawyer.com/fraud/   However, an Indiana plaintiff can also sue under an   insurance bad faith claim   and recover, through both compensatory and punitive damages, an amount larger than the original face value of the policy (depending on the egregiousness of the insurer's conduct). The concept of the insurance tort claim arises out of the implied duty of good faith and fair dealing that is recognized in all insurance policies in almost every US jurisdiction. Indiana first recognized an insurer's duty to act in good

  If you have children, chances are you've been to a party with bounce houses to occupy the kids (and some adults). Bounce houses are considered safer trampolines since they have walls and are more forgiving. Most bounce houses also have a net door to eliminate the possibility of falling out. Bounce houses are generally constructed of strong PVC and nylon then inflated with an electric blowing machine. In the U.S., cheaper varieties made of polyester are banned. In the states of Pennsylvania and New Jersey, it's mandatory that bounce houses pass both engineering and safety standards before they are rented out. According to a new study published in the journal Pediatrics, bounce house injuries are on the rise. More than 11,300 children were treated for bounce house related injuries in 2010.  https://askcompetentlawyer.com/  The authors from the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, OH say that "equals a child every 46 minut

  Kids in Danger (KID) recently released their   annual report   on  children's product recalls   from the previous year. Overall, there were 97 children's product recalls. The last time there were fewer than 100 children's product recalls was 2004.  https://askcompetentlawyer.com/  In 2012, the number of children's product recalls dropped by 20% but the number of incidents (up 49%), injuries (up 42%) and deaths (up 200%) associated with those products drastically rose over the year. Findings of the report include: 31% of the recalls were for nursery products bought to be used with the most vulnerable consumers--infants and toddlers. One Product, the Flexible Flyer Swing Set, had 1,232 reported incidents before consumers were alerted to the dangers through the recall. Eight children and one adult died prior to the recall of these products. One of the most deadly products, the Nap Nanny and Chill Infant Recliner by Baby Matters, were not recalled by the manufacturer, but

  In a personal injury case, most plaintiffs are seeking damages to compensate them for an injury caused by another party. For example, in a simple car crash an injured driver might seek money from the negligent driver to pay for his medical bills, lost wages and pain and suffering. These monetary awards are called compensatory damages as they compensate the injured party for the harm they suffered. In some instances, courts will also award a plaintiff with punitive damages. Punitive damages are not meant to compensate the victim but rather are meant to punish the guilty party. In these instances, a plaintiff can receive a higher damage amount than the injuries they sustained in order to deter the defendant from acting in the same manner again. Punitive damages can typically be obtained only when the wrongdoer's behavior is especially egregious and our society deems it necessary to penalize them with excess damages.  https://askcompetentlawyer.com/business-torts/   To obtain a puni

  Liable v. Guilty Most people are aware that in a criminal case, the judgment is either guilty or not guilty. In a civil case, however, the defendant is considered either liable or not liable. In a criminal case the punishment is referred to as "sentencing", in which fines, probation, and jail time may be imposed on the defendant.  https://askcompetentlawyer.com/civil-litigation/   However, in a civil case, punishment is in the form of financial damages for which the defendant is liable to the plaintiff for the harm he or she caused the plaintiff. Proof The standards of proof are very different in criminal and civil proceedings. In a criminal case a jury (or in a bench trial a judge) must conclude that the victim is guilty of the charge "beyond a reasonable doubt." However, in a civil case a jury (or judge) must conclude that the "preponderance of the evidence" demonstrates that the defendant is liable for the allegation. In some circumstances in a civil

  The successful plaintiff of an   Indiana personal injury lawsuit   is entitled to damages in a sum that reasonably compensates the plaintiff for bodily injuries, pain and suffering, any past, present, or future expenses reasonably necessary in the course of the plaintiff's medical treatment, and all financial losses suffered, or to be suffered, as a result of the injury.  https://askcompetentlawyer.com/property-damage-litigation/   A personal injury plaintiff may typically recover damages for: •  Temporary or permanent injuries In determining damages, the nature and extent of the plaintiff's injuries, as well as the effect of the injuries on the plaintiff's ability to function, are considered by the court or jury. •  Past or future pain and suffering The damages recoverable for physical pain and mental suffering resulting from the defendant's actions are variable and depend upon specific facts of each case.

  Arbitration and mediation are two related methods of Alternative Dispute Resolution (ADR) that are all too often confused in Indiana injury law. Alternative Dispute Resolution involves methods of resolving disputes outside of the court system.  https://askcompetentlawyer.com/business-commercial-litigation/  By resolving disputes short of litigation, parties can save the excess time and money associated with a lengthy trial. While both mediation and arbitration serve similar goals, they each have their own advantages and disadvantages and a particular method should be chosen based on the specific needs and wants of the parties. Mediation involves a neutral, third-party who assists the disputing parties in reaching a mutual agreement outside of court. The mediator does not decide the case or even make legal recommendations. The sole job of the mediator is to assist the parties in the process of reaching an acceptable agreement by using techniques to open and improve dialogue between th

  In recent years there has been increasing attention on concussions and   brain injuries   among athletes at all levels. Currently, more than 4,000 former players are   suing the National Football League   in federal court, alleging the league ignored and denied the link between football and brain damage. More recently, Junior Seau's family was informed last week that Seau's brain had tested positive for Chronic Traumatic Encephalopathy.  https://askcompetentlawyer.com/ Seau was a linebacker in the NFL for 20 years and committed suicide in May of 2011, just two years after his retirement. Since the 1920s, CTE has been known to affect boxers. It was not discovered in football players until 2005, when researchers at Boston University confirmed 50 cases of CTE in former football players, including 33 who played in the National Football League. CTE is common in athletes because of the repetitive brain trauma, including concussions as well as asymptomatic subconcussive hits to the

  If you live in Indiana you should know texting while driving was made illegal as of July 2010. We even wrote an   e-newsletter   all about the topic and the specific language in the law. You should also know that if you caused an accident while texting, you could be liable for damages. However, what about the person who's texting you? Can they also be held liable? This week, a New Jersey judge ruled a teenager who texted her boyfriend could not be held responsible for an accident he caused while reading the text message that she sent. David and Linda Kuber lost parts of their legs during a 2009 crash in New Jersey, after 19-year-old Kyle Best sideswiped their car when driving while texting. However, Kyle wasn't typing or sending a text. He was reading a text message sent from his girlfriend, Shannon Colonna. Shannon knew Kyle was on his way home from work and driving. https://askcompetentlawyer.com/  Kuber's attorney is saying, "She wasn't physically in the car,

  Warm weather has arrived and summer vacation season is well underway. Basking in the warm glow of the sun can make us feel great, and in the short term, make us look good. In the long term, over-exposure to ultraviolet rays damages the fibers in the skin. Effects of sun exposure put us at higher risk of cellular damage, age spots, early wrinkling and skin cancer. The summer season is a great reminder to use sunscreen whenever outdoors, but protection from UV radiation is important all year round. We recently read an article about a 69-year-old man who spent the last 28 years as a truck driver. Since the man spent countless daylight hours behind the wheel and over exposure to damaging UV rays, the left side of his face looks decades older than the right side. https://askcompetentlawyer.com/  The name for his condition is unilateral dermatoheliosis (one-sided photo aging). Even with the window closed, UVA rays can penetrate window glass if it's not tinted enough to protect passenge

  A deadly fungal meningitis outbreak that was linked to spinal steroid injections contaminated at a Massachusetts compounding facility has some lawmakers calling for increased federal oversight over pharmacies and other compounding facilities. Deborah Autor, Deputy Regulatory Commissioner at the nation's Food and Drug Administration (FDA), said it is often difficult to determine exactly where the agency's authority lies with regard to the regulation of specialty pharmacies. In response to the fungal meningitis outbreak, some members of Congress have stated they intend to introduce legislation that would provide the FDA with greater authority over compounding pharmacies. Compounding facilities are specialized pharmacies that create custom drugs based on the needs of individual patients. Such facilities alter the dosage, physical form, ingredients, and other drug properties on an as needed basis. Compounding facilities also provide pharmaceuticals that are not normally available

  At Wilson Kehoe Winingham, prospective clients sometimes ask us whether it might make more sense for them to handle a particular matter themselves versus hiring an attorney. This is a valid question, the answer to which is dependent on a number of variables including the complexity of the case, the severity of the injuries, the size of the financial award sought, and the willingness of the individual to wade through a maze of issues with which they may not be familiar. Contrary to public perceptions, for some cases, most personal injury attorneys will suggest that a matter may best be handled by the individual themselves or by another attorney better suited to address their particular concern. That being said, in most cases, it is usually not the wisest course to file a lawsuit alleging injury on one's own. It may be tempting for some to seek recourse by themselves, but nowhere is the adage "penny wise, pound foolish," more apropos than in such situations. Putting toget

  In recent years there has been increasing attention on concussions and   brain injuries   among athletes at all levels. Currently, more than 4,000 former players are   suing the National Football League   in federal court, alleging the league ignored and denied the link between football and brain damage. More recently, Junior Seau's family was informed last week that Seau's brain had tested positive for Chronic Traumatic Encephalopathy. Seau was a linebacker in the NFL for 20 years and committed suicide in May of 2011, just two years after his retirement. Since the 1920s, CTE has been known to affect boxers. It was not discovered in football players until 2005, when researchers at Boston University confirmed 50 cases of CTE in former football players, including 33 who played in the National Football League. CTE is common in athletes because of the repetitive brain trauma, including concussions as well as asymptomatic subconcussive hits to the head. CTE is a progressive degene

  The month of   April is Distracted Driving Awareness Month , according to the   National Safety Council . The problem of distracted driving is no longer a new issue. Each day, an average of more than nine people are killed and more than 1,060 injured in crashes caused by distracted driving, according to the CDC. You may think teenage drivers are the culprit, but you might be surprised by the recent findings of a recent survey conducted by AT&T.; Almost  half of all adults  admit to texting or emailing while driving, compared to 43% of teenagers. More than 98% of adults admit they knew it's wrong. Six in 10 say they weren't doing it three years ago. These are staggering numbers. "Texting while driving I not just a teen problem," says John Ulczcki of the National Safety Council. "Teens text. But you're looking at around 10 million teen drivers, but about 180 million other adult drivers." That's a lot of people are the roadways driving distracted.

  A recent report published in the Centers for Disease Control and Prevention's   Morbidity and Mortality Weekly Report   found that injuries and deaths related to motorcycle crashes were significantly reduced by the use of motorcycle helmets. According to the report, motorcyclists accounted for 14 percent of all traffic fatalities across the nation in 2010 despite that motorcycles traveled less than one percent of all vehicle miles driven. The report authors also stated the most effective way to raise the rate of helmet use is to adopt a universal motorcycle helmet law that requires all drivers and passengers to wear a helmet whenever traveling on a motorcycle. The report authors examined data from the National Highway Traffic Safety Administration regarding fatal traffic crashes throughout the nation between 2008 and 2010. Next, they compared motorcycle crash data with economic information regarding the estimated cost savings related to wearing a motorcycle helmet. According to t