Indianapolis Lawyer

Indianapolis Car Accident Attorneys

Oct 292010

Negligence in Personal Injury Claims
Negligence can be defined as “falling short of the reasonable protection from risks or harm due to another individual.” It does not have to include carelessness, because even someone being as diligent as they are capable of, may fall short of the reasonable protection required in a particular situation. The Indianapolis car accident attorney of an injured car accident victim must be able to prove that such protection was not provided, thereby making the other driver negligent and at fault for the accident.

A car accident attorney in Indianapolis will investigate the evidence to discover that fault or negligence through a number of resources:
• Traffic citations against the other driver
• Police reports
• The testimony of eyewitnesses and photos or videos from traffic cameras
• Evidence from the site of the accident, including skid marks and the location of damage to the cars involved

Skilled car accident attorneys in Indianapolis can sift through this evidence and determine the real cause of an accident. If that includes any negligence by the other driver, they will have grounds to file a personal injury civil suit.

Those civil suits can even be pursued if the plaintiff, or victim, had some percentage of fault. Indianapolis car accident attorneys can prove that the defendant had even a small percentage of fault may be able to recover compensation for their clients.

Injury Claim Proceedings
Once a car accident attorney in Indianapolis concludes that there are grounds to file a personal injury claim, they must determine an appropriate about of compensation to seek. That can depend on how much the injury accident cost the victim in medical expenses, lost income, pain and suffering, and sometimes even court costs and attorney’s fees. Often car accident attorneys in Indianapolis charge fees based on the settlement amount, so that claim must be high enough to include the payment due Indianapolis car accident attorneys. In order to receive a sufficient settlement, it often means that the victim’s car accident attorney in Indianapolis must have skills in investigation, negotiation, and litigation so that they can take the case in any of those directions if required. The more experienced the Indianapolis car accident attorney, usually the better settlement the victim recovers.

Woman Severely Burned by Hula Skirt, Received $4 Million in Damages

Personal Injury No Responses »

Oct 282010

In 2003, a California woman was seriously injured from being burned when a hula skirt that she was wearing burst into flames and could not be extinguished. Her case was heard in a Beverly Hills courtroom. Her personal injury attorney explained that while she attended a luau themed birthday party, the skirt caught on fire from a candle that was placed on the ground. The woman was unable to remove the skirt in time, and she was engulfed in flames within seconds. She was also unable to extinguish the fire with water because of the particular materials with which the skirt was constructed.

The woman sued the company that made the product, and because a court ruled that it was so dangerous, she received $4 million in damages. It was deemed unreasonably defective, because the woman was unable to remove it to protect herself from further injury. This settlement allowed the woman to pay off her medical expenses, recover lost wages from work, regain any legal fees and provide some compensation for her physical and emotional suffering.

Men Arrested for Clean Air Act Asbestos Worker Protection Violations

Criminal Defense, Personal Injury No Responses »

Aug 232010

Charles Yi and John Bostick were arrested Wednesday for violations of the Clean Air Act’s asbestos work practice standards committed during the renovation of a 204-unit apartment building in Winnetka, Calif., in January through February of 2006, the Justice Department announced today.

The arrest follows a six-count indictment returned against Yi and Bostick by a federal grand jury in Los Angeles on July 22, 2010. The indictment also charged the defendants with conspiracy to violate the Clean Air Act.

The Clean Air Act requires those who remove asbestos from buildings to adhere to established work practice standards to ensure the safe removal, transportation, and disposal of the asbestos.

The defendants were high level officers of three companies that purchased the property and oversaw its renovation and conversion for sale as condominiums. The indictment alleges that, despite having knowledge of asbestos contained in the acoustical or “popcorn” ceilings of the apartment units, the defendants hired a company that was not licensed or trained in asbestos abatement to scrape the ceilings of the units without telling the company’s workers of the asbestos in the ceilings or providing them with adequate protective gear.
The indictment charges the defendants with violations of several asbestos worker protection standards, including failing to notify the government of the asbestos abatement project, failing to have a foremen on site trained in the asbestos regulations, failing to keep the asbestos waste material wet during the abatement, failing to contain the asbestos waste material in air tight containers and failing to dispose of the asbestos waste material at a hazardous waste disposal site.

If convicted, the defendants face up to five years in prison as well as a criminal fine of up to $250,000 for each count.
The allegations in the indictment are mere accusations and all persons are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.

The case was investigated by the Criminal Investigation Division of the U.S. Environmental Protection Agency and the California South Coast Air Quality Management District. The case is being prosecuted by the U.S. Attorney’s Office for the Central District of California and the Justice Department’s Environmental Crimes Section.

source: justice.gov

Common Causes of Indiana Truck Accidents

Personal Injury No Responses »

Aug 172010

Common Causes of Indiana Truck Accidents
Every year, there are roughly 140,000 accidents involving large “big rig” trucks. In addition, 8% of all fatal automobile accidents involved one of these trucks. Our Indiana semi-truck accident lawyers say there are many reasons for this, which are listed below.

If you or a loved one has been injured from an Indiana truck accident, contact our Indiana truck accident lawyers now!

Actions of Passenger Cars
Many motorists of smaller cars simply do not know how to drive in the presence of large trucks. In attempting to maneuver around them, smaller cars contribute to accidents involving large semi-trucks. Such actions include hastily changing lanes in front of a truck, misjudging an approaching truck’s speed at an intersection, being blown out of position by air turbulence after passing a truck, driving between two trucks, improperly merging into traffic in such a way that a truck is forced to slow down, and many others. In such cases, the car driver will likely be at fault. Even still, he should consult an Indiana semi-truck accident lawyer before making any mistakes.

Actions of Indiana Commercial Truck Drivers
While commercial truck companies take great pains to train their drivers, these drivers are nonetheless at fault in more than 50% of accidents. Our semi-truck accident lawyers in Indiana say that happens when big rig drivers have received mediocre training on how to drive defensively, or other safety concerns. Also, some Indiana trucking companies give their drivers unreasonable deadlines. In such cases, they feel pressured to speed, or to stay on the road even when they are tired.

Indiana semi-truck accident lawyers say this might be a reason for the growing number of commercial truck accidents. They point to statistics showing that 75% of all trucking accidents took place while the truck driver was making a delivery. Technology is also a contributor to accidents: when a truck driver sends or receives a text message while driving, he is 23 times more likely to get into an accident. In conjunction with this, some trucking companies install computers to help their drivers check orders, and find routes to get to their destination. However, these trucks are ten times more likely than their counterparts to get into an accident.

When to Hire an Indiana Semi-Truck Accident Lawyer
If you or a loved one has been involved in an accident with a big rig truck, you should consult with a semi-truck accident lawyer in Indiana. That is because there are many legal complications in these accidents. Sometimes the truck driver is an independent contractor who is making a delivery for his own business in addition to making a delivery for another company. In such a case, does the company he is contracting for share some liability? In addition, whose insurance carrier pays for the eventual settlement to those injured or killed in the accident?

These are among the difficult questions that semi-truck accident lawyers in Indiana have to face. But they also may have to deal with lawyers for the trucking industry who try to low-ball on settlements to accident victims. With that in mind, a semi-truck accident lawyer in Indiana eeds to know relevant case law well, and have solid negotiating skills as he fights for his client, who likely has suffered a life-altering, debilitating injury.

Indiana Is a Modified Comparative Fault State

Personal Injury No Responses »

Jun 302010

Many states use the term “comparative fault” to describe part of the court process regarding responsibility. Indiana is not a true comparative fault state. Indiana is a modified comparative fault state meaning that once the plaintiff’s level of fault exceeds 50% he/she is barred from any recovery. At 50/50 the plaintiff still gets half his/her damages but once the plaintiff’s fault exceeds 50% then the recovery is zero. That is a key difference and an additional reason why the plaintiff would benefit by contact our Indiana injury lawyers.

Escaped Tiger Leads to Expensive Personal Injury Settlement

Personal Injury No Responses »

Jun 282010

In 2004, a 450-pound white circus tiger, named Apollo, escaped from his trainer, and caused one of the most bizarre personal injury lawsuits that New York has ever seen. The tiger walked through a New York City park and ended up on the Jackie Robinson Parkway. Motorists, who were obviously stunned to see a huge tiger walking down the highway, panicked and created a multiple car pileup. Several drivers were rushed to the emergency room with serious back injuries. Two in particular suffered great physical and emotional damages. A New York police detective and a woman from Queens were awarded almost $1 million from the trainer of the tiger, who was ultimately responsible for his escape.

If you or a loved one has been injured because of another, contact our Indianapolis personal injury lawyers and attorneys now!

Though this case may seem bizarre, it can be applied to other personal injury lawsuits. If you are hurt, emotionally or physically, because of someone else’s negligence, you can sue him or her for the medical bills that you have to pay, as well as for punitive damages. You may even be able to settle with the defendant outside of the courtroom for a certain amount of money, and avoid the lengthy and tiresome trial process. For more information and also for professional advice, concerning personal injury lawsuits, contact our Indianapolis personal injury lawyers and attorneys for a consultation right now!

Sweat Lodge Incident Result to Wrongful Death Actions

Personal Injury No Responses »

Jun 222010

The following is a guest post by the Chicago wrongful death attorneys at Dolan Law Offices:

Self-help author James Arthur Ray, made famous by the movie and book, The Secret, devised his Spiritual Warrior retreat in Sedona, Arizona, as a way to push people outside their comfort zones, past their physical and emotional limits.

The 60 followers who each plunked down $9000 in 2009 for the retreat were pushed past their limits to the point of tragedy. Three of the participants died from heat stroke, and many more were hospitalized. Autopsies have ruled the deaths to be accidental, but Ray has been charged with three counts of manslaughter. The trial, expected to last three or four months, begins in late August.

Sweat lodges are a Native American tradition used to cleanse both physically and spiritually. The domelike structures are made of willow branches and covered by canvas. Water is poured over heated rocks inside the dome to create steam.

Ray didn’t follow Native American protocol in a number of ways, however. His structure was covered in plastic, rather than with materials that breathe. Normally 8-12 people are in a sweat lodge, but Ray piled more than 60 in his. Native Americans also don’t stay in the sweat lodge to the point of unconsciousness. Ray not only knew some of his participants had fainted or were near unconsciousness, but encouraged them to stay in the sweat lodge despite their discomfort and chided those who wanted to leave. Prior to entering the sweat lodge, the participants had participated in a 36-hour fast and were sleep deprived.

In addition to the criminal trial, Ray had to face wrongful death lawsuit filed by the family of Liz Neuman, one of the participants who died as a result of the sweat lodge exercise. They claimed that Ray failed to do the following: to provide guidelines prior to the exercise, to monitor the well-being of every participant before and during the event, and to provide adequate supevision during the activity.

Dolan Law Offices is a Chicago law firm that is committed to providing excellent legal service to its clients. The attorneys for wrongful death in this law firm are experienced negotiators and litigators who represent victims of wrongful death actions in Chicago and throughout the entire state of Illinois.

Dolan Law Offices
10 South Lasalle Street #3712
Chicago, IL 60603
(312) 676-7600

Dog Bite Lawyers

Personal Injury No Responses »

Jun 172010

The first step after seeking medical assistance after being bitten and or attacked by another person’s animal is talk to an experienced dog bite lawyer. Referral services and personal references will help lead to a qualified dog bite attorney for any situation.

If you or a loved one has been bite by a dog, contact our Indiana dog bite lawyer now!

In the case of animal attacks, there are attorneys who specialize in all animal laws, and even further concentrated attorneys that stay in only one section of animal laws, like animal attack or animal bite attorney. Laws pertaining to the control of animals are set by the state, county and city governments. The violation of these regulations can invoke civil charges and in some cases criminal charges depending on the circumstances of attack, type of animal, and where it occurred. Experienced dog bite attorneys are the best option for maximizing compensation.

Injured Workers Advised to Contact a Personal Injury Lawyer

Personal Injury No Responses »

Jun 172010

In light of the recent economic downturn, workers, especially those in the fields of construction and maintenance, are being warned to avoid companies that create “fly-by-night” projects. The sad fact is that these employers may be operating without proper and legal permits and paperwork. More importantly they may be without the appropriate workers’ compensation insurance. In many cases businesses that follow these shady practices also may not be following proper safety procedures. This means that the chance of an employee is to be involved in a personal injury is greater. In the event of an accident, the injured employee may or may not receive a payout for an on-the-job injury. All to often, in the event of an accident, a less then trustworthy employer will offer to pay the employee a settlement if he or she promises not to contact an attorney or lawyer. On the surface this quick solution may appear to be ideal. In most cases it is almost always the wrong thing to do. Injured workers are advised to always consult a lawyer in a personal injury case.

If you or a loved one suffered from a work related injury, contact our Indiana workers compensation lawyers now!

A qualified personal injury attorney or lawyer will ensure that the settlement is substantial to cover medical expenses, physical and mental damages and lost wages from work. This may be accomplished outside of the courtroom, but it should always be done with professional legal counsel. Also, the legal fees can generally be covered in an adequate settlement.

What is My Personal Injury Claim Worth?

Personal Injury No Responses »

Jun 142010

When a person is injured as a result of the negligence of another, the injured person may be entitled to reasonable compensation. If you have been injured in Indiana, you may be entitled to recovery due to a number of factors, including but not limited to the following:

Past Medical Bills
The proper measure of damages for medical services is the reasonable and fair value of medical expenses incurred by the injured person. Actual bills rendered by a doctor, hospital or nurses are admissible to prove the value of such services.

If you or a loved one has been injured at the hands of another, contact our Indiana personal injury lawyers now!

Future Medical Bills
Future expenses for medical and chiropractic treatment are a proper element of damages.

Lost Earnings
An injured person is entitled to recover the value of the time and earnings lost and the probability that there will be earnings lost in the future, because of the injury.

Loss of Earning Capacity
Impairment of earning capacity is separate and distinct from loss of earnings. An injured person is entitled to recover damages resulting from an injury, which causes a career change or “closes the door” to a preferred or desired field of employment.

Pain and Suffering
Once established, past, present and future physical pain and suffering is compensable without offering specific evidence as to the monetary value of the injured person.

Disfigurement
In an appropriate case, the court may award damages for disfigurement or deformity resulting from any injuries sustained.

Mental Anguish / Inabilities
Mental pain, anguish and suffering are compensable without offering specific evidence as to the monetary value to the injured person. Mental anxiety and mental anguish constitute mental suffering, and may be considered in evaluating damages.

Deprivation of freedom of action and social intercourse, items within the concept of ‘enjoyment of life’ are embraced within the term ‘mental suffering,’ for which damages are already allowed. Personality changes can be evidence of pain and suffering. Also included within the concept of loss of enjoyment of life are lack of personal enjoyment, deprivation of freedom of action, social meeting and intercourse, and an inability to enjoy life in the manner accustomed to.

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