Indiana Injury And Family Lawyer Blog

Presenting the evidence of your Highland car accident case can seem daunting. You may be confused over what you need to prove to show that you were not the at-fault party. Our Highland injury attorneys understand your confusion and we want to help you.

Arnold v. Wallace is a recent Virginia case arising from a car accident. Mary Arnold (plaintiff) has an automobile insurance policy with Travelers Insurance Company (Travelers). In 2005, Plainitff was injured in a car accident caused by the other driver Jonathan Wallace (defendant). Defendant was uninsured at the time of the accident.

When you purchase car insurance coverage, there are many different facets to your policy. Obviously, the more money you pay as a monthly premium, the more coverage you receive if you are involved in a car accident. Every state differs in their laws regarding the standard requirements of the type of coverage you must purchase; however, it is a growing trend for states to have statutes that set legal minimums required in car insurance coverage in order to register your vehicle.

Car insurance requirements were created in order to assure that where a driver is involved in a car accident, and that driver was at fault, the other party will be able to be compensated for medical costs and property damage arising from that accident.
Although the policy limits and minimums vary depending on the state, the most common different types of car insurance coverage available include personal injury protection (PIP) coverage, bodily injury coverage, property damage coverage, med-pay benefits, and uninsured/underinsured motorist (UM) coverage.

When you purchase UM coverage as part of your policy, your car insurance company agrees to pay a certain amount in coverage if you are involved in a car accident with an uninsured or underinsured driver. Plaintiff in this case had a UM provision in her policy, and after her accident she entered a claim with Travelers in order to receive UM benefits.

Additionally, Plaintiff brought a negligence action against the defendant for damages associated with the accident that he caused. In order to prove that her medical injuries were a result of the car accident with the defendant, there were medical records and expert testimony entered into the record.

The dispute in this case was regarding the evidence presented to prove that the plaintiff's injuries were directly related to the accident with the defendant. Plaintiff's counsel called her doctor to testify as to the medical issues she was suffering with since the accident. This doctor testified that the plaintiff has spinal stenosis, bone edema and post-concussion syndrome.

This doctor, as with most doctors, kept a patient chart that indicated the medical impressions and opinions of his staff. On cross examination the defendant's counsel created a foundation for the relevance of this chart and sought to enter it into the record. Over a plaintiff objection, the record was entered into evidence.

Although the plaintiff argued that this chart was hearsay; the court held that because the medical chart was a business record regularly maintained in a medical practice, it could be validly entered into evidence.

Thus, the impressions of the doctor's medical staff regarding the plaintiff's injuries were released to all of the parties in the case. This led to a significantly lower award for the plaintiff because the causal link between her injuries and the car accident was skewed.

Continue reading "Your Medical Chart Can Be Entered into Evidence in Your Highland Car Accident Case, Says the Court in Arnold v. Wallace " »

Indiana citizens no longer have the right to resist police from entering the home. Formerly, Indiana citizens had the right to not allow police officers to enter private homes if the resident indicated it was not their preference for any reason. This new case law came about after justices were faced with a decision to make in May when police officers had to respond to a domestic disturbance. Of course, in a situation, such as described, the preservation of all citizens’ rights and the protection of all citizens are the top priorities for police officers. As such, the court decided it was in the best interest of all parties to abolish the law, meaning that citizens cannot resist police entry into private homes when police officers deem entrance necessary.

In summation, it is unlawful for citizens to resist requests from police by blocking entry to places that police wish to enter. Police officers have the right to file charges against people who interfere with the proper execution of the law. Failure to cooperate with the police and violation of the law may result in a misdemeanor. In heated situations, like domestic disturbance or violence, there have been instances where people have attempted to block entry of the police not their residences. It is this type of inappropriate judgment that has caused the courts to step up to revisit the situation and adjust the law accordingly. Indiana law changes are swift when necessary.

Indiana tax modifications of numerous types took effect on January 1, 2011. These modifications relate to environmental remediation expenses, charitable retirement plan distributions, qualified tuition and fees, student loan interest, annual employer exclusions, transportation fringe benefits, educational expense exclusions, transportation fringe benefits, start-up expenditures, and depreciation of leasehold improvement.

Indiana tax modifications are, for the time being, temporary, and may return to original Indiana tax laws in several areas by 2015 and 2025. Though the tax modifications have been designed to reduce expenses, individual tax rates are higher than the 2010 rate. The Illinois tax rate also escalated for trusts and estates.

Taxes are a topic of concern for all Americans today. Tax laws are very specific for individuals and corporations. Laws relating to payment of taxes are also very specific. Tax payments and negotiations for payments plans are very different when compared to credit cards companies, utilities and any other type of business that you may develop a payment plan with. When payment plans for taxes are developed, income needs to be evaluated, expenses are considered and several other factors may play a role in the outcome the payment plan. It is very important to stay on top of taxes with the best form of preparation. Accountants are the best assistants to help prepare your taxes. It is very important to meet deadlines and fulfill your agreements with the IRS on the state and federal level. If you cannot make

Your state or federal tax payments, it is important to call the appropriate tax authority for a payment plan.

The Indiana Legislature has decided to take away the allocation for public funding for Planned Parenthood recently, a notable change in the new abortion law. Indiana is now the first state that will not provide funding for abortions. Planned Parenthood funding has been eliminated effectively immediately.  In fact, soon Medicaid patients may be a risk of a cut off from services as well.

This Indiana law means that it is also the first state to deny Medicaid funds for preventive health services as well, including:  gynecological pap smears and breast exams.  Missouri and Texas have also eliminated Medicaid grants for family planning. The Indiana Right to Life program also supports this claim.

Indiana abortions are also banned following the 20^th week of pregnancy unless the pregnant woman is at risk of a life threatening illness.

Indiana law changes may be coming about in several other areas as well. There are several bills that have been signed into law.  The goal in the modifications of laws is to better meet the needs of people overall in Indiana. For example, there are several tax laws that have shifted on topics relating to: environmental remediation, retirement planning, schooling, student loans, fringe benefits, and several other areas.

When bills are introduced, there are lobbyists and other interested parties that advocate for the bill to be made into law. At times, this process can be time consuming over the course of months or years. More recently, several bills have transformed into law at a speedier pace. This may be due, part, for the need to reevaluate economic forecasts in Indiana swiftly in order to respond to   current economic demands.

For all of your legal needs,   contact Burton Padove at Padove Law,  Highland Indiana at (219) 836 2200.  You may email Burt Padove at padovelaw@gmail.com or Burtonap@aol.com

Law regarding a tax compliance measure for small businesses has recently been changed to better help support small businesses. The law revision relates to the former requirement of small businesses to send a 1099 form to companies in which they had to purchase services that exceeded $600.00 annually.

Small businesses had been concerned about the   requirement to track and file paperwork for the services in which the company has to purchase over the year in excess of $600.00. Small businesses claimed that the requirement would place hardship on small businesses that would have to take time away from productivity to dedicate time to potential mounds of paperwork. President Obama agreed with the contention of small business owners. Thus, the filing law is no longer a requirement.

Small businesses are the framework of the nation, particularly during difficult economic times. Laws the limit productivity and take away from time that companies can allocate to revenue generation may significantly impair the growth of a small business.

There are several types of companies that may fall into the classification of small business. The Small Business Administration defines small business as a company that is independently owned and operated. The definition also extends to the amount of revenue generated and the number of employees over specific time periods. Examples include:

*     Manufacturing Business in which employee numbers may range from 500 to 1500, depending upon the specific industry product.

*    Wholesale company in which the employee number may range from 100 to 500, depending upon the specific industry product.

*     Services Company in which annual revenue may not exceed: $2.5 to $21.5 million, depending upon the type of service.

*     Retail Company in which annual revenue may not exceed $5.0 to $21.0 million, depending upon the retail product.

*     Construction in which annual revenue may not exceed $13.5 to $17 million, depending upon the work delivered.

*     Trade Construction in which the annual revenue may not exceed $7 million.

*     Agriculture in which annual revenue may not exceed $0.5 to $9.0 million, depending upon the agricultural product.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

It’s time to slip into your sneakers and get ready for a healthy run. The One America 500 Festival Mini-Marathon is set at the same time as the Legal Aid Centre of Eldoret, Kenya, known as the LACE Race. The Legal Aid Centre of Eldoret, Kenya is hoping to raise the number of participants in the race to help support their initiatives for the protection of civil and legal rights of those involved in the AMPATH program, a medical collaboration joining efforts of Indiana University and Moi University in Kenya. LACE supports legal guidance for those in need. LACE is committed to demonstrations of good will for the support of availability of legal counseling for those in need.

LACE needs runners’ support as well since civil rights for all people in Kenya need assistance that LACE is dedicating to providing. If you can sacrifice sweating clothes, minor back aches or other types of aches that runners may experience, it can be very worthwhile to sign up and train for the LACE run. After all, there are numerous rewards, including:

• Increased energy, as you release endorphins when you perform any activity in which you lift one foot off the floor interchangeably.
• Fat Burning, when you elevate your heart rate to a training heart rate by an activity in which you lift one foot off the floor interchangeably for at least 25 minutes.
• Mood Enhancing, endorphin release from running (also known as aerobic exercise) elevates your mood
• Heart Muscle Strengthening, because running is a cardiovascular exercise.
• A Sense of Accomplishment, after you train and then master the LACE Run.
• Increased Discipline, as the goal of the LACE race can help keep you on track.

So, you can enjoy many benefits by putting one foot in front of the other for the upcoming LACE Run.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Indiana Superior Court recently partnered with IHCDA to provide a secure Internet portal to enhance faster, more efficient resolutions for mortgage lenders and people facing foreclosure.

The mortgage crisis has vastly affected thousands of lives, both from the prospective of the lender and the borrower.  The foreclosure process is often inhibited when people facing foreclosure are not aware of the documents required or know how to properly present documents that allow for a timely, efficient and mutually beneficial resolution to the foreclosure.

The Indiana based Internet portal enhances the chance of a successful settlement agreement by providing a means to bridge the information gap between mortgage lenders and borrowers challenged by foreclosure.    During the mediation process, borrowers will know how to submit documentation to housing lenders. This information is not part of the court process but meets requirement for settlement negotiations.

Indiana trial courts, Indiana Foreclosure Prevention Network counselor, and housing lender lawyers will have access to the secure portal, offering a means for all sides to exchange financial information necessary for successful settlement processes.  The portal will initially be accessible for settlement cases in St. Joseph and Marion Counties.

Indiana enacted a state law in 2009, allowing people facing foreclosure to have a legal right to settle differences with lenders. Since then, it has been identified that the vast majority of settlement outcomes were not successful because borrowers and lenders were not properly prepared. Lender employees didn’t have the authority to make settlement decisions and borrowers were not familiar with the type of paperwork necessary for settlement.

By 2010, The Indiana Supreme Court’s State Court Administration (STAD) partnered with the IHCDA to enhance the organization process. To date, the results have been impressive. Approximately, 40% of 1300 plus settlement conferences were successful.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Indiana imposes stiff penalties for people with a DWI. Everyone today is likely to have heard the old adage, “No drinking and Driving”. Everyone today is likely to know the value associated with having a designated driver in your companionship on days or evening of drinking. Still not everyone knows the implications associated with a DWI in terms of personal injury to yourself or others. People injured by drunk drivers tend to experience some of the most debilitating injuries.

Are You A Drunk Driver? Know the Law

Generally speaking, if your blood alcohol level (BAC) is at .08% or more, you are considered a drunk driver in the state of Illinois. In addition, there is a special criterion for truck drivers or commercial vehicle drivers and people under 21 years of age. Truckers and commercial vehicles drivers may not exceed .04% in their blood content level. People under the age of 21 have a limit of .02%

Once a driver has reached or exceeded the specifications that qualify for a DWI, your quality of life may vastly change and so may the people who are also involved, if there is an accident. Furthermore, it is considered a felony offense if anyone of any age obtains a second offense or if serious personal injury to another individual occurs. DWI offenses that do not involve serious personal injury to another party result in license suspension for up to 5 years, depending upon the severity of the offense. First time DWI offenders in Indiana may be eligible for the deferment of penalties provided they complete an alcohol treatment program. DWI charges may be dismissed once the program is complete. Second time DWI convictions require mandatory prison sentence and felony convictions following three of more convictions require a 6 month minimum imprisonment.  Once a drunk driver is considered habitual, the prison sentences may be as long as five year or more.

People with DWI convictions may also be personally sued in cases involving personal injury to another party. People who have been seriously injured by a drunk driver are entitled to compensation for their injuries, including: loss of current and future wages, pain and suffering, medical expenses and the impact of the injury on other family members.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Illinois has recently become the next state to embrace sales tax for retailers on the Internet. There are several other states in America that have also initiated sales taxation for Internet retailers based in their state. Over a year ago, Texas State billed Amazon for $269 million in back sales taxes due to the fact that the warehouse was located in Texas. Since then, several states have adopted the sales taxation for Internet retailers. Following receipt of the $289 million bill from the state of Texas, Amazon closed the warehouse in Texas.

Now this this form of Internet taxation has one become known as the Amazon Tax. Illinois Gov. Pat Quinn signed the legislation to generate cash flow from state sales taxes collections on the Internet. This law applies to online companies based out of Illinois, while conducting business on websites

• The Tax Foundation has not seen evidence to suggest that this type of taxation will generate substantial revenue for individual states.
• Illinois companies may be force to leave the state if estimations in taxation prove to be the threatening to the survival of the business.

The Internet has opened the door for people of every demographic to start a business. It is representative of the entrepreneurial spirit in the U.S. While some websites may create an Internet presence that suggests the company is large and revenue producing, there are many websites that are the actual store front of people working from home to contain costs through difficult economic times. Illinois Internet retailers may not be subject to the law if information demonstrates that the majority of the company’s business is not based in the state of Illinois.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Trash law for depositing electronics in household receptacles has changed, making a change in the protocol for throw away electronics in Indiana.  Since the   National Safety Council expects that close to 250 million computers in five years and 130 million mobile phones annually will be discarded, the concern about hazardous materials entering the environment from being deposited in landfills or in incinerators has risen.  Electronics contain hazardous materials, such as lead, mercury, and hexavalent chromium that when released into the air may cause a variety of diseases like cancer, particularly for high risk people.

For this reason, electronics are now forbidden from being deposited into the trash in Indiana.  Instead, residents may take their computers, television sets, and mobile phones to local collection locations and solid waste management facilities. There are also many manufacturers who are happy to take back your unwanted electronics.  These options offer a method to properly recycle electronics and reduce the risk that harmful containments will be released into the air, ground and water supply.

While computer monitors, computers, hard drives, scanners, keyboards, televisions and the like may emit harmful chemicals when placed in trash, recycled electronics provide useful materials for mankind. In 1998 alone, over 112 million pounds of recyclable materials were acquired from unwanted electronics. These materials include steel, glass and plastic.

There is a small fee for depositing electronics in recyclable receptacles. You can also donate electronics to charity organizations that will attempt to resell it but may recycle it if it is not sold in a reasonable time frame.

If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.