Articles Posted in Personal Injury

A default judgment in an Indiana personal injury lawsuit can occur when there is a failure to take action by one of the involved parties. In most cases, it’s a judgment in favor of the plaintiff (the injured person) when the defendant (the tortfeasor/alleged wrongdoer) has failed to respond to a summons or appear in court. shopping cart

This was exactly what occurred in a recent Gary injury lawsuit considered by the Indiana Court of Appeals. The case involved a grocery store injury at the store involving a defective shopping cart.

The appellate court records don’t spell out many details from the original complaint, except that the plaintiff suffered injuries as a result of using a malfunctioning shopping cart at the store. She filed a personal injury lawsuit against the store, alleging they were liable for her injuries on the basis of premises liability.

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It’s been nearly six years since a deadly stage collapse at the Indiana State Fair killed seven concertgoers and injured 58 others in Indianapolis. Now, the Indiana Court of Appeals has ruled as a matter of law the company paid to provide security to the main event band, Sugarland, could not have reasonably foreseen the collapse of the stage. That ruling in a recent case is one of the last of several personal injury and wrongful death lawsuits filed against some three dozen defendants as a result of the horrific accident. concert

Back in 2014, attorneys for several of those injured and relatives of some killed reached a $50 million settlement against 19 of 20 defendants, including the state of Indiana, which paid $11 million. The details of how that settlement was paid out (which plaintiffs received what) was kept confidential. It was noteworthy not just for the size of the damages awarded, but also for the fact it was the first time in Indiana a lesbian widow received a settlement for the wrongful death of her wife.

The incident occurred in August 2011 when the opening act had just finished, and Sugarland was preparing to take the stage. A large gust of wind from an approaching severe thunderstorm hit the stage’s temporary roof structure, which caused it to collapse, landing on many in the crowd. The issue of foreseeability was raised because there were numerous reports, notices, and warnings throughout the day of the concert from the National Weather Service, indicating that severe thunderstorms were likely. These messages were received by state fair officials through the automated text messaging system.

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Undocumented immigrants who are injured on the job in Indiana are entitled to receive workers’ compensation benefits under state law. They are also entitled to pursue third-party compensation from any other liable parties. However, should they be paid in U.S. dollars or in the currency of their native country? That’s the question before the Indiana Supreme Court in Escamilla v. Shiel Sexton Co.mason

While the question of currency may seem a trivial one, it actually may have a significant impact on how much companies pay workers hurt on the job. Those who argue all workers injured in the U.S. need to be paid in U.S. dollars say that to do otherwise would allow companies that flout the law by hiring undocumented workers to receive an incentive by giving them a means to pay less in compensation in the event of an injury.

Those who are arguing in favor of being allowed to pay in the injured worker’s native currency say it’s not fair that a worker should be allowed to recover damages for lost wages that they can’t legally earn. Furthermore, if those wages were to be paid in the future, they should be based on what the worker might earn in their own country, rather than what they make in the U.S.

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A few years back, I wrote a blog article entitled Negligent Party Hosts in Indiana May Face Liability. The article provided some general rules and suggestions concerning possible liability issues for people who have parties during the holiday season.

A recent Indiana decision, F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers, 02A05-1506-CT 520 increases the potential for liability and the responsibilities for a party host.

In that case, the land possessors, defendants Martin and Brothers shared a residence.  They threw a party and alcohol was purchased using funds from a joint bank account.  Jerry Lee Chambers was a guest at the party.

Fall is about to arrive in Northwest Indiana and the Chicago Area.  I have previously blogged concerning safety tips for bicyclists and believe that with the change in seasons that this is a good time to do so, once again.  Those of us who are bicyclists need to take extra precautions as daylight decreases and the need to be observant and observed increases.

In fact, a study published tin the September 1, 2015 issue of the Journal of the American Medical Association and cited in a recent Science Daily posting indicates that bicycle injuries during the 15 year period from 1998 through 2013 increased substantially. Continue reading

Our Highland malpractice lawyers know that you count on your doctor to provide treatment based on what is right for you, not based on what is going to result in the biggest payoff for the physician or the hospital. Unfortunately, many patients have undergone unnecessary cardiac stent procedures in the past decade because these types of procedures can result in huge payouts for hospitals. ambulance-1334532-m.jpg

Every medical procedure carries risks, and these unnecessary and dangerous procedures were often carried out by doctors who lacked both scruples and medical talent. This has resulted in patients dying while having cardiac stents implanted that were not medically necessary.
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One sure fact with the retirement of the Baby Boomers is that nursing facilities will struggle to meet the demand in coming years.
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According to NBC NEWS, the world is aging quickly. The Global AgeWatch Index shows us that there are a lot of countries out there that aren’t prepared to support the growing numbers of elderly people.

Our Gary nursing home abuse attorneys understand that one of the best ways to accommodate our elderly population is to make sure that our close friends and family members are placed in an affordable and trustworthy nursing home. According to the recent report, the U.S. has well over 60 million residents who are currently over the age of 60. These individuals account for more than 19 percent of our entire population. However, we rank 36th for income security. It was also noted just less than 83 percent of people over 65 are covered by a pension.

About 24 percent of people over 60 live in relative poverty.
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Two teenagers had to be airlifted to Riley Children’s Hospital following a hit-and-run accident on Center Road. According to the Kokomo Tribune, the two were riding a mo-ped when they were hit by a passing SUV — that left the scene after the collision.
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It happened when the SUV was heading west on Center Road and was turning south onto Highland Springs Drive. The vehicle hit the teens head-on, and neither was wearing helmets when the accident happened. One of the teens suffered serious internal and head injuries while the other suffered from a fractured leg. If you have any information regarding this accident or the hit-and-run driver, you’re asked to contact the Kokomo Police Department by calling 765-459-5101.

Our Highland personal injury lawyers understand that there are many travelers who choose mopeds to get around, and they are also facing some serious risks for accidents. These two-wheel vehicles, however, aren’t the safest means of travel. In fact, your chance of getting killed while operating a scooter is close to 40 times higher than driving a car, according to the National Highway Traffic Safety Administration (NHTSA).
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A 4-year-old was injured in a recent Indianapolis ATV accident. According to the Indy Star, the accident happened at roughly 8:00 p.m. when the 17-year-old female operator of the ATV tried to maneuver sharply around a parked car on the side of Wisconsin Street. The maneuver caused the ATV to flip over on its side.
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The young boy rider was thrown from the ATV and suffered from a collapsed lung, a chest contusion and a head laceration. He was first transported to St. Francis Hospital South and later taken to Riley Hospital for Children.

Our personal injury attorneys understand that it’s illegal in Marion County to operate an ATV on a public road. Safety on Indiana off-road areas is the responsibility of everyone. Still, ATV education is not a requirement for riders in the state. But, as trails and recreation areas become more crowded, it’s especially important for people to operate these vehicles safely and responsibly.
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Your safest bet for your Fourth of July’s firework celebrations is to grab your friends and your family members and head to a professional public display. There’s a lot less risk of you getting injured and the show will probably be quite a bit more entertaining.
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If you do decide to set of some fireworks at your home, you’re urged to do so with extreme caution. In the state of Indiana, fireworks can be purchased only by someone who is 18 or older. Once you have them, they can only be used on the user’s property or the property of someone who says it’s okay.

Our Highland personal injury lawyers understand that state law only allows fireworks to be used between 9:00 a.m. and midnight on the Fourth of July. The curfew for fireworks is 11:00 p.m. on all other nights. To get more specific, it’s a good idea to check with local officials to see when you can light off fireworks, as local ordinances may further restrict usage.

Now that you’ve got those rules covered, it’s time to talk about the risks. In 2011, there were close to 10,000 people who ended up in an emergency room because of a firework-related accident. Many of these injuries were burns. More than a quarter of them were to children who were under the age of 15. It’s now more important than ever that we focus on firework safety. So listen up.

Friends and family members are urged to read, review and share the following safety tips to help ensure that everyone enjoys a safe Fourth of July:

-Parents and caretakers should always closely supervise teens and young children if they are using fireworks.

-Remember that sparklers can heat up to close to 2,000 degrees. Keep a close eye on children while in use.

-Make sure that all fireworks are soaked in a bucket of water or under a hose after they’ve been used. They can remain quite hot even after use.

-Steer clear of others — fireworks have been known to backfire or shoot off in the wrong direction. Never throw or point fireworks at someone, even in jest.

-Always have a designated shooter. Remember that alcohol and fireworks don’t mix.

-Make sure the person lighting fireworks always wears eye protection.

-Always remain standing while using sparklers.

-Never relight a firework that didn’t work properly (or is a “dud”) simple discharge this item in or under water.

-Leave the lighting of professional-grade fireworks to trained pyrotechnicians.

-Never throw or point a firework toward people, animals, vehicles, structures or flammable materials.

-Remember to call your local 911 for emergencies.

-Always remember that fireworks have “fallout”- bits of cardboard and clay, so account for that when selecting a location that may be susceptible to winds.

-Do not wear loose clothing while using fireworks.
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