Indianapolis Social Security Disability Lawyer Discusses Credibility

The Social Security Administration requires that a claimant supply medical information to support the claim for Social Security Disability Payments and Supplemental Security Payments.  This means that if you have a disabling condition, but you have not sought medical treatment, or the medical testing does not demonstrate a medical condition which would likely be causing the disabling condition, your chances of obtaining Disability benefits are markedly reduced.  This poses a very difficult problem for those who are uninsured and have little or no funds to pay for medical treatment. Fortunately Medicaid is available to help obtain medical care.  In Marion County Wishard Hospital offers care for the poor.  Unfortunately the Medicaid program is overburdened as is the Wishard facility.  This causes delay in obtaining medical care, and thus cause delay in obtaining medical evidence which will support a disability claim.

If you are fortunate enough to have insurance and have medical documentation of a disabling condition, the medical records alone may not be enough to prove your claim.  In the case of chronic pain, or a brain injury, or chronic fatigue, often times the effect of the condition on the body is more severe than conventional testing can detect.  In the case of pain, there is generally no objective test to support the claim.  Thus the Administrative Law Judge will be forced to make a decision about whether he/she finds the claimant’s complaints “Credible”.  The first step in this process is to determine whether the claimant has proof of a medically determinable impairment.  The next step is to determine what symptoms, including pain, the impairment(s) is likely to produce.  The third step is to determine what limitations the impairment(s) is likely to produce in terms of ability to lift, walk, sit, and stand.   The next step is to obtain information from the claimant, in the form of testimony y, doctors records and test results.  The ALJ compares the medical report information with the claimant’s testimony to see if they are consistent.  If they are consistent, your credibility goes up.  If they are inconsistent your credibility goes down.  Being given less than full credibility can result in you being denied your benefits. The lesson here is to be fully honest with your doctors and the Administration.  In that case, your credibility will  likely go up and improve your chances of obtaining your disability benefits.

Indianapolis Social Security Lawyer helps filing Initial Claims

As your Indianapolis Social Security Lawyer, with more than 23 years of experience representing claimants before the Social Security Administration, I am always asked, “Do I need a lawyer to file my initial claim?”  My answer is probably considered a typical lawyer answer, and that is it depends.  If you are confident in dealing with bureaucrats, or are handy on the computer, and have reasonably good organizational skills then I would say you probably do  need a lawyer for the initial application.  If you are a little skittish, have memory problems or organizational issues, then it may be a good idea to have help at this phase.

                There are a few ways to apply.  In no particular order, you can apply online, over the phone or through an in person interview.  If you require the assistance of a lawyer in applying   I would assist you in applying on line.  The Social Security Administration website is easy to use and helpful.  You can access the site at www.ssa.gov. On the first screen there is a pull down tab for your application.  Click on this tab and away you go.  If you go to your local SSA office, you will apply in person.  These folks are generally helpful and take some of the worry out of the application process.  The down side is that you have to leave your home and the lines at these locations can be problematic. 

                No matter what method you choose to use, a few preparations will make the process less stressful.  Make four lists. 1. List of medical care providers with addresses. 2. List of Medications with side effects. 3. List of all illnesses, injuries or diseases which cause you to be disabled, and finally, a list of your employers for the last 15 years.  This is essential information that might escape you at the time of application. 

                If you have any questions, or help call John P. Young at 888-639-5161 or email Mr. Young at john@youngandyoungin.com.

Indianapolis Personal Injury Lawyer Discusses Choking Hazards

As your Indianapolis Personal Injury Lawyer, representing Hoosiers all over the State of Indiana out of our Indianapolis offices, we think this is a very important topic, especially around the holidays.  So many toys have small parts that can become apart from the toy, be picked up by your energetic toddler and go straight into the mouth.  Candy, a huge part of the holiday is small and certainly will be put straight into the child’s mouth.  They swallow, the part, or the candy gets stuck, and it is a race against time to open up the airway. The lack of oxygen can kill but it can also cause brain injury, injury to the esophagus and trachea, and damage to the lungs.  As mom always said, an ounce of prevention is worth a pound of cure.

Indianapolis Personal Injury AttorneysYoung children put almost everything in their mouth, which makes the main goal of choking prevention to keep any small items that your child might choke on out of his mouth. This may mean occasionally getting on all fours and checking under the kitchen table and other furniture and behind coach cushions.

Know what to look for.  Once you know what to look for the task is not so overwhelming. Some of the most common choking hazards include: whole grapes
• peanuts and other nuts
• popcorn
• hard candy and chewing gum
• hard foods, including raw vegetables
• soft foods, such as large cubes of cheese, caramels, etc.
• chewy foods, such as thick spoonfuls of peanut butter
• uncut hot dogs
• coins
• marbles and small balls
• small magnets
• small batteries
• balloons, which can be a choking hazard to kids under age eight when they put broken balloon pieces in their mouths or when they inhale intact balloons when trying to blow them up
• safety pins, pen caps, and tacks
• small toy parts that can fit inside a choke test cylinder or no-choke testing tube, which measures 1 1/4 inches wide by 2 1/4 inches long and simulates the size and shape of a young child’s throat, such as Lego building blocks, dice, beads, etc.
• dry pet food

Of course this does not mean that all of these items should be banned from the home, but it does mean they should not be in an area where your child, especially those crawling around on the floor, will be. Some tips include always be aware of what you are feeding your child.  If it is a hotdog, make sure the dog is cut into small enough pieces that they cannot become stuck in the throat. Supervise your children’s play and avoid age inappropriate toys.  If you have older children playing with smaller items, make sure the younger children are not able to get hold of the small pieces.

Choking Prevention

In addition to regularly checking the floor, your car, and other areas where your child crawls, walks, and plays, other steps to keep kids safe from choking include that you:

Learn CPR and keep emergency numbers by the phone, learn the Heimlich maneuver, keep medications and vitamins out of reach in child resistant containers, childproof cabinets and drawers so that your kids can’t get to small items inside them, supervise kids when they are eating, cut foods, like grapes and hot dogs, into small, one-half inch pieces, avoid foods that are not age appropriate for toddlers and preschoolers, like chewing gum, hard candy, and nuts until they are at least four years old, don’t let your kids play with toys that are not recommended for their age, since they may have small parts and could be a choking hazard, keep your older kids toys out of reach of younger siblings, regularly inspect toys to make sure that parts aren’t going to break off and throw out any broken toys, supervise kids under age eight if they are playing with a balloon, keep uninflated balloons out of reach, and throw away balloons once they deflate or break, see your pediatrician if your child seems to have an episode of choking, recovers, but then develops a chronic cough, since that can be a sign that your child aspirated the item and it is still in his lung, Also be sure to supervise your kids when they are outside, at someone else’s home that may not be as well childproofed as your own, or at a store, as there may be many choking hazards around that your toddler or preschooler could pick up.

Serious Personal Injury Attorney Discusses Holiday Drinking

holiday drinkingThe holidays are a time to be of good cheer.  Common at all parties is alcohol.  Common to alcohol is drunk driving.  Common to drunk driving are drunk driving accidents.  Common to Drunk driving accidents are serious person al injuries including brain injury, broken bones, paralysis and even wrongful death.  Common to serious personal injury is the devastating impact on families.  Bread winners can’t work.  Crushing medical bills drive Hoosiers into bankruptcy. Homes are lost.  Families are splintered. All because someone does not have the restraint or sense to call a cab, or walk or let someone else have their keys.

For the sake of all Hoosier families, including your own, if you are going to be drinking, resolve beforehand that you will not drive.  Keep a cab telephone number in your purse or wallet.  Leave your car at home and take a cab both ways.  Allow someone who has not been drinking to take your keys and drive you home. Do anything, but do not get behind the wheel drunk.  Do not destroy your life and the lives of Hoosier families. Don’t drink and drive.

Serious Personal Injury Lawyer and the Constitutional Right to Jury Trial

Indiana Trial LawyerAs a Serious Personal Injury Lawyer representing seriously injured Hoosiers all over the State of Indiana from our Indianapolis offices, I see, everyday, people with agendas, trying to take away one of your constitutional rights.  These are the same people who claim they adore the Constitution.  These are the people who vigorously defend the intent of the Founding Fathers when it comes to Freedom of Religion, Right to Bear Arms and a few other of our Constitutional rights.  I ask you, how can these people defend the intent of the Founding Fathers about some rights and bash them on others?          

It may surprise you to know that the Founding Fathers thought so highly of a citizen’s right to ask a jury to determine fair compensation for their injuries, whether to their person, their property, their intellectual rights and so on, that they wrote the seventh amendment into the Bill of Rights.  The Seventh Amendment  states: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

So why are our legislators infringing that right.  Did you know that in securities cases arbitration is mandatory and the Right to a Trial by Jury is almost impossible.  Did you know that there is a current effort by some special interest groups to abolish the right to trial by jury?

 A serious personal injury to a wage earner is often times the most important event in that person’s life as well as the lives of their family. Broken bones, brain injury, paralysis and even wrongful death can devastate the welfare of that family unit.  Requiring the negligent individual or corporation to fully make up for the harm they have caused is the right of the injured, as well as the taxpayer who will have to care for the person and the family if the responsible party does not meet their obligations. A Trial by Jury, as our Founding Fathers knew, is that check and balance which we all call fairness. Do not let anyone take that right from you, or from us!

Medical Malpractice and Health Care Costs

Medical Protective President and CEO, Timothy Kenesey acknowledges that the perceived threat of law suits or litigation on health care costs is relatively small.  Why is this important? It is important because as the CEO of one of, if not the, biggest medical malpractice insures in the world, Mr. Kenesey would know.  It is important because it confirms what Trial Lawyers have said for years, lawsuits, which are filed to hold doctors responsible for their mistakes, are not the cause of rising health care costs.  So, the next time you hear a politician use the threat of Litigation to justify your right to go to Court and ask for fair compensation, know that the politician is wrong.  Know that allowing those who are hurt by another’s negligence is simply the right thing to do.

Social Security Lawyer Talks About Work Attempts

Did you know that the Social Security Administration not only allows a person to work while their application for benefits is pending, but encourages it?  As a starting point, the Social Security Administration prefers that people work instead of receiving disability benefits.  A working person contributes taxes, supports their families and helps the economy.  A working person, statistically, will also live longer than a person receiving disability. This is not to say that the SSA begrudges anyone who is disabled receiving their due, but as an economic choice, it is better to have people working.

So, the Social Security Administration rules and regulations allow for trial work periods.  If you apply for benefits, you may try to reenter the work force while your application is pending without prejudice to your application if you are unable to continue that work.  The rules are contained in the Code of Federal Regulations, 20 CFR Sec. 1592.  Under this provision, if you are unable to work for nine consecutive months, then this work will not be evidence that you are able to work.  If you work more than 9 consecutive months then the work will be considered in making the disability decision.  It is my experience that Administrative Law Judges look favorably on those with failed work attempts, especially in those cases where the judge’s discretion is key to the case.  What I mean is if your claim is a “close call”, a failed work attempt may serve to increase the claimant’s credibility and give them the benefit of the doubt.

If you have a claim pending, are not currently represented, and have a question about attempting to work while your application is pending, please give a call.  I may be able to answer your question quickly, and give you a little peace of mind.

Why Trial Lawyers Have a Valuable Place in our Society

I am a serious personal injury lawyer.  You often hear me referred to as a Trial Lawyer.  I represent Hoosiers when they have been seriously injured as a result of another’s negligence.  If a Hoosier suffers an amputation, a brain injury or wrongful death, they often seek me out to help them achieve a modicum of justice.  My guess is that you, the reader of this entry, are skeptical of my motivation and what I do.  I ask you to examine why you feel the way you do about trial lawyers, if for no other reason then consider the following.

Our legislators (whose approval ratings are in the toilet) are consistently telling us that trial lawyers are greedy no good SOBs who live off the misery of others and interfere with our competitive abilities in the world market place.  Now, these folks don’t come up with this vitriol on their own.  They get it from vested interests whose goal it is to be free from the obligation of being responsible for the harm they cause, so as to maximize profits.  Don’t get me wrong, I am all for maximizing profits, I just don’t think anyone, whether an individual, a corporation or a government should be able to do whatever they wish without being responsible for the harm they cause.  My mother was right.  Mom taught her children that being a good citizen, whether in our neighborhood, our city, our state or our country required us to be responsible for our actions.  This included being responsible for making up for the harm we cause.  She would be shamed if a law was passed giving her children protection from their actions, when those action hurt others.

If you agree with my mom, ask yourself, why should a corporation be protected and not be responsible for its actions?

Now, here comes the part about trial lawyers.  Our Government is too big.  We spend more money than we have.  But the people need protection from those who would flaunt safety rules and regulations for their own gain.  The simple, low cost answer is the trial lawyer.  Trial lawyers do not require subsidies from the government.  Trial lawyers hold wrong doers responsible for their actions.  Trial lawyers take people and corporations to task for the harm they cause others.  We do this at little or no cost to the tax payer.  When people and corporations follow simple safety rules, we have less injury, fewer people out of work, fewer people on Medicare or Medicaid, and more people contributing to the welfare of society.

So I ask you again, do you really think that trial lawyers are the problem?

Indianapolis Auto Accident Lawyer Discusses What to Do If You are in A Collision

Car crashes cause serious personal injury.  Injuries such as broken bones, brain injury, paralysis and amputations leave the injured person either unable to communicate or unclear in their thinking.  The first thing to try and do at a collision scene is to stay calm.  If you are seriously injured, do not worry about anything but your health.  Follow the instructions of the emergency aid providers and let the police investigate the rest of the claim.

Indiana Auto Accident LawyersIf you are not so seriously injured that you are able to walk and talk and think clearly, then we suggest that you give a concise statement of the facts to the investigating officer.  Ask the officer to record the names of witnesses at the scene.  You may exchange insurance information at the scene of the collision.  If the other driver is not cooperating, do not force the issue.  Allow the police to take care of it.  However, you should record the license plate number and make and model of the other car.

Limit Discussion of the collision and talk only with the police or your claim handler.

If you receive a call, a visit, or a letter from an attorney or attorney’s office within the first thirty days of the collision, know that they cannot be trusted.  They cannot be trusted because the rules of the Indiana Supreme Court prohibit such contact.  If a lawyer, a law firm or one of their workers contacts you within that 30 days, know they are not honest and you must report them to the Indiana Supreme Court Disciplinary Commission.  Someone who would violate this rule cannot be trusted to work for you.

Give no statement to the insurance company for the person who caused the collision. 

If you are injured seek medical attention and follow the doctor’s orders.  It is difficult for those without insurance to obtain quality care, but do what you can.

If you have any questions about your rights, seek the advice of people you know and respect to locate and retain a lawyer.  Experience counts, and your friends and family probably know a good lawyer with whom they have worked and trust.

Indiana Personal Injury Lawyer Talks About Bad Weather Driving

In my experience, auto accidents do not just happen.  Thus, to call car collisions accidents is a misnomer.  What I mean is they are collisions usually caused by one of the drivers failure to follow the rules of the road.  What about driving in bad weather, does that mean the collision is an accident, meaning no one is at fault?  Well, every case is very fact sensitive, but in my experience most bad weather collisions, which cause serious personal injury and even wrongful death, are usually caused by someone’s failure to follow the rules of the road.  One common negligent cause of bad weather collisions is being in too great a hurry.  One thing everyone knows for sure when they are driving in ice and snow is that they are driving on ice and snow.   Therefore, they must slow down.  Speed limits on roads are devised to keep traffic safe and moving under optimal weather conditions.  However, they do  not mean that when the weather is bad that it is safe to travel at that speed.  When ice and snow are on the road, slow down.  Make sure you have enough room between you and the other car so that you can stop, or evade a collision.

A common negligent act is to drive with bald or significantly worn tires.  We all know that tire treads give us better control in wet conditions as well as on snow and ice.  If the tread is worn, or the tire is bald, you will have less traction and the chances of causing a collision are markedly increased.  Serious personal injury including amputation, paralysis, broken bones and dislocations and brain injury occur when a driver loses control because tires are worn.  Drivers must check their tire treads and change their tires according to manufacturer recommendations.

Never assume that we are at the mercy of the elements.  There are many things we can do to protect ourselves, our families and others using the road.  A little thought and a little caution will go far to keep everyone safe.

Children Are Stop Signs

In my practice, as Indiana’s serious personal injury attorney, I see little children as in need of special protection.  If you are driving down the road and you see a stop sign, you instinctively take your foot off the gas, you may coast a little, but you will move your foot to the break and stop at the stop sign, after all this is a rule of the road.  It is a rule of the road that keeps everyone safe when we are moving 2000 plus metal objects down the road.  If we think of the little child and the concept of the stop sign together we can see the wisdom in treating every little child as a stop sign.

We all know that small children do not understand the dangers associated with moving cars.  We know they are impulsive and we know that even if they are carefully instructed about cars and streets, they may not always follow the rules that adults and older children will follow.  Finally, we know that if a car hits a small child, serious personal injury and even wrongful death are likely results. So, I ask you to take the drive smart Kids Dart warnings seriously.  One way to drive smart is to see every little child as a stop sign.  If you are driving down the road, especially in a residential neighborhood, if you see a child, no matter how old, assume there are other, younger children around, even if you cannot see them.

You may not see them because they are behind cars or trees or other objects, or they are just so small they are hard to see.  So, you see the child, you take your foot off the gas, you may coast, but as you approach the child, your foot moves towards the brakes.  Maybe, even likely you will not come to a stop, but you are travelling at a speed which will allow you to stop instantly if a small child appears.  No matter how important that meeting, no matter where you need to be, 2-3 extra minutes will not kill you.  However, will you ever be able to forgive yourself if you seriously injure or cause the wrongful death of a small child?

Pedestrians in The Crosswalk

Indianapolis Personal Injury AttorneysAnytime there is a collision between a car and a pedestrian, the law of gross tonnage applies.  The law of gross tonnage means that the body in the collision with the greater weight is going survive the collision and inflict great damage on the other body.  It is for this reason I write this blog.  Pedestrian car collisions result in serious personal injury to the pedestrian including brain injury, broken bones, spinal cord injury, amputations, paralysis and even wrongful death. For these reasons, pedestrians in a cross walk are given greater protections which place greater duties on drivers.

A cross walk is specifically defined in Indiana Law.  A crosswalk is either part of the roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the road measured from the curbs , or in the absence of curbs, from the edges of the traversable roadway. Or A part of the roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.  It is my experience that cars hit pedestrians at cross walk most often in one of two ways.  The first is at the intersection.  A driver wants to make a right turn, and to do so is looking to the left for oncoming traffic.  Once traffic clears, the driver fails to look left, starts the turn and hits the pedestrian in the crosswalk.  Remember to look back to the right in these situations, before entering the intersection.  The second common collision is at the non-intersection crosswalk.  This crosswalk may be in the middle of the block.  Another car stops to let a pedestrian cross, and the second car does not stop and hits the pedestrian.  Be warned, it is against the law for a car to pass another car stopped at an intersection. See  Indiana Code 9-21-17-6. 

Please keep alert for pedestrians.  You will never forgive yourself for the harm you cause and the family who suffers the loss associated with a pedestrian/car collision may never recover.

Indiana Serious Injury Lawyer Discusses What to do After An Auto Accident

At Young and Young we represent thousands of Hoosiers who are seriously injured in automobile collisions.  We represent those injured in drunk driving accidents, large truck accidents, and motorcycle accidents.  We know the medicine involved in the care in treatment of brain injury, amputations, paralysis,  nerve damage and broken bones.  We want to take this time to discuss what to do if you are involved in a collision that is someone else’s fault.

If your car is not on fire, or if you are no longer in immediate danger, while in your car, do not move.  Your body is in shock as a result of the crash.  Your pulse is up, your blood pressure is up, your thoughts are not carefully ordered.  Your body’s response to the impact may by, and probably is, masked by the shock condition.  This means you may not feel the pain that indicates injury.  To be on the safe side, stay where you are until emergency personnel arrive.  If you have a cell phone, and are able to make a call, call 911 immediately.  It is likely that good Samaritans will arrive at your vehicle before the emergency people do.  If so, tell them where you are injured, and allow them to make calls for you.  Do not allow them to move you unless there is an immediate danger if you stay where you are.

If you are able, completely cooperate with the police.  This includes giving a statement to them about what happened.  It is also a good idea to ask the police officer if he/she has the names of all the witnesses.  Sometimes the witnesses approach the officer, but their names and addresses are not recorded by the officer.  Make sure you keep your insurance information in your glove compartment for easy reference .  If there is any question of injury, seek medical treatment immediately.

If you require legal assistance, Young and Young is ready to assist you.  We represent seriously injured Hoosiers all over the State of Indiana out of our Indianapolis offices.

Fair Compensation is Not Vengeance

I read in the paper today about a family who lost their son in a tragic accident.  The paper indicated that the family rejected vengeance (bringing a claim for wrongful death).  The paper included the quote “Why would we want to deprive the University of resources which could benefit others?”  We respect this family’s choices.  We hope they find peace in the memories they have of their son.  We hope that their sorrow eases, but we know that theirs is a difficult path.

We do want to say, however that fair compensation is not vengeance.  Our mothers taught us that if you make a mistake, and that mistake causes others harm, you are honor bound to make up for the harm you cause. Your obligation is to make up for all the harm you cause, not just what you think is ok.  Of course the person who has suffered the harm has every right to say to you, “Thank you for your offer to make up for the harm you caused, but I choose not to either ask for or receive this fair compensation.”  However, if the injured person accepts your offer to fully make up for the harm that you caused, that does not mean that person is vengeful. It only means that they accept your offer to make up for the harm. 

Insurance companies gain much by vilifying “fair compensation”. 

The University at issue is well insured.  There insurance rates will stay the same whether the families claim is or is not made.  The University would not have to “divert resources”, because any payment would be from their insurance company.

Fair compensation is not vengeance.  It is the ultimate recognition that our mothers are right, that we all have to live together and take care of each other.

Social Security Disability and Early Retirement Benefits

Indiana Social Security LawyerMost of my readers already know that they may opt to elect early Social Security Retirement benefits at age 62.  Under this program, people who make the election to accept Early Retirement benefits receive a reduced amount of monthly benefit (as opposed to waiting until age 65, 67, or 70) in exchange for receiving a guaranteed amount now. However, most people do not know that if they become disabled at this time in their life they may apply for both Early Retirement and Social Security Disability at the same time.  You may wonder why anyone would make such a choice, after all isn’t it easier to elect for early retirement and not have to worry about the disability process?  While it is easier, it may not be in your best financial interests.

Lets use hard numbers as an example of what I am talking about.  Assume that Jane Doe is entitled to $1,500.00 dollars per month in retirement benefits  if she waits until her 65th birthday to retire.  Lets also assume that if she takes early retirement, her benefits will be $1,200.00 dollars per month.  Let’s say Jane becomes disabled on her 62nd birthday.  Should she file for early Retirement, Disability or Both?  The answer is both.  If she applies for Early Retirement, she will start receiving her monthly benefit immediately so she will have a guaranteed $1,200.00 dollars a month she can depend on.  Usually, it takes some time for the disability process to conclude that the applicant is disabled.  However, when the disability is finally approved, Jane will be entitled to her full monthly benefit of $1,500.00.  So what happens to those months where Jane received only $1,200.00 dollars while she was receiving Early Retirement?  She will receive,  in a lump sum payment, the $300.00 dollars per month she should have received,  but did not because her disability application was pending.  Note however, that the first five months of disability payments are eliminated (The rules require that benefits start only in the 6th month after the onset of disability).  So for those five months Jane will not receive the additional $300.00. 

So now you know that if, a loved one or friend is applying for Social Security, they are between 62 and 65 and they are disabled, they should apply for both Social Security Early Retirement Benefits and Social Security Disability Benefits.

Indiana Serious Injury Attorney Discusses Bicycle Safety

I read in the paper today about the death of Ross Faris, the owner of Your Neighbor’s Garden, and former executive at Lilly.  Immediately upon reading the piece, I was taken back to driving along Grandview Drive and seeing the little self help stand.  It is one of those little “summer in Indy” memories that will always bring a smile to my face. 

I do not know any of the details of the Mr. Faris’ accident, but I want to take this time to talk about bike safety.  Bicyclists have a right to use the roadways.  Bicycling is good for so many reasons, not the least of which include improved physical fitness of the cyclist and conservation of fossil fuels.  I am both a cyclists and a motorist.  As a cyclist, I have encountered hostility from drivers. As a cyclist I have also encountered negligence by drivers, mostly those using cell phones, which have put me in danger.  As a motorist, I have encountered cyclists who do not observe the rules of the road and put themselves in danger, or at the least cause motorist frustration.

 There are a few ideas I always consider when I am a cyclist and a motorist that may help the situation.  Motorists:  Relax, you may get where you are going just a tad later than you wanted, but compared with a life time of guilt for that one moment of impatience getting there a little later is a small price to pay.  Get off the cell phone while you are driving.  In the context of this discussion,   it will save the health and welfare of a cyclist.  In the big picture it will save you from killing yourself.  Give the cyclist at least three- four  feet of leeway when passing.  This room will increase the safety for the cyclist immeasurably.  Do not yell at a cyclist as you pass them.  The cyclist has the right to use the road, and if they are using it responsibly, yelling at them does nothing but show you are at best impatient, and at worst a bone head.

Cyclists. Wear your helmet.  Be seen- Meaning wear light clothing, use flashing lights and use reflectors. Obey the rules of the road. Be careful.

I hope to see many more cyclists of the roads.  Let’s make sure everyone has a positive experience, and makes it home safe.

Indiana Social Security Attorney discusses Personal Injury Settlements and Effects on Social Security

Since 1954, the lawyers at Young & Young have been representing Hoosiers who have become disabled as a result of serious personal injury. Our lawyers know that spinal cord injuries, brain injuries, burns, herniated discs and other serious personal injury can prevent the wage earner of a family from earning the money it takes to feed, clothe and educate children.  That is why, back in the 1980’s we decided it was important to read the Social Security Rules and Regulations so that we could assist disabled Hoosiers, from all over the State of Indiana, in obtaining their Social Security Disability Benefits.  One of the most common questions we hear, from Hoosiers who have become disabled as the result of accidents including drunk driving accidents, truck accidents and all other types of accidents, is “Will a settlement or judgment in my personal injury claim prevent me from getting Social Security Disability?”

No, a settlement or judgment from your personal injury claim will have no impact on your Title II Disability claim.  There is a chance that your serious personal injury settlement may impact your Medicare benefits.  Each case is unique, so it is impossible to say in what instances your Medicare will be affected by your personal injury settlement, but when we represent you in your claim for compensation from a serious personal injury claim, we will also work closely with you on your social Security Disability claim, and Medicare claim to ensure your rights are protected.

Indiana Serious Personal Injury Lawyer Discusses Motor Cycle Safety

We see it quite frequently, a car pulls out in front of a motorcycle and causes serious personal injury or wrongful death of  the motorcyclist.  Our heartfelt sympathies go out to the family of Hamilton County Sheriff Deputy Leanea Nyeayea.  Deputy Nyeayea suffered wrongful death as the result of a collision at the intersection of Kessler Boulevard and Binford Boulevard this past weekend.  Deputy Nyeayea leaves behind his wife and several children.  This very unfortunate collision could have been avoided.  We start by thinking that the car  driver did no intentionally pull out in front of Deputy Nyeayea. Therefore, the driver must not have seen Deputy Nyeayea as the driver pulled out onto Binford. If the driver did not see what was plainly there to see, then one of two things probably occurred. The first is that the driver was in a hurry and  simply glanced to the left as they rolled into the intersection.  The glance did not provide the driver a full field of vision and therefore the driver did not see what was plainly there to see, i.e. Deputy Nyeayea on his motorcycle.  The second possibility also involves the driver being in too much of a hurry.  It is possible that Deputy Nyeayea was in the driver’s blind spot.  We all know that cars have a blind spot.  Based on this knowledge, it is our duty, as drivers, to take extra care to make sure a motorcyclist or car is not in the lane we wish to enter, before we even attempt to enter that lane.

Pulling out in front of a motorcycle causes serious risk of harm to the motorcyclist and can have terrible emotional and economic impact on the family.  In addition, the driver of the car causing the collision, and the wrongful death, has to live with the haunting memory of what their failure to use reasonable care causes.  Please be careful out there for your fellow Hoosiers, their families and your family.

Indiana Serious Injury Lawyer Discusses Sam Mack

I knew Sam Mack as a child, then lost touch with him as he grew into an adult.  Sam struck me as a child with immense potential, once he grew out of the awkward stages of life.  He was smart and energetic and entertaining.  So, I guess, Sam Mack was a lot like any child.  I read today, with despair, that Sam has made a fatal mistake.  He got behind the wheel of a car while intoxicated and caused a drunk driving accident that led to the wrongful death of his passenger, 18 year old Daryn Barnett.  Our heartfelt sympathies go out to the family of Miss Barnett.  We hope that the memories of your daughter, sister, or grandchild will help you through these awful times.  Know that you do not have to go through this alone.  There are support groups and counseling that has helped other families deal with the grief you are now enduring.

Sam, it is apparent that you have a disease.  That disease is alcoholism.  This is your second arrest for drunk driving, and you are only 21 years old.  Alcohol has severely affected not only your life, and the lives of Daryn Barnett and her family, but it has also affected your families lives.  For your family, I hope they seek out the counsel of AL-ANON Family Support.  You can find them at www.al-anon.alateen.org. These folks know what you are going through and talking it out, and hearing the experiences of others can help.

As for you, Sam, you now have to live with knowing that your disease has taken the life of your friend.  If you do not do something about it, it will take your life too.  Certainly it has irrevocably changed your life, but you are still alive.  You still have a chance to make up for what has happened.  Admit your disease.  Take steps to obtain help.  Work to improve your life.  It would be fitting to dedicate your recovery, and a fruitful life of service, to your friend Daryn, so that her loss was not in vain.   Sam, your mistake does not have to crush your life and spirit. Do not allow that to happen, if for no other reason, then for Daryn’s sake.

Indiana Serious Injury Attorney Provides Medical Malpractice Information

There are many , many wonderful, competent and caring doctors in Indiana, and we are lucky to have them to care for us.   However, we all know that there are some doctors who may not be up to the task.  One way to check on your doctor is to go to the Indiana Department of Insurance databank on claims against doctor.  The site can be found at: http://www.indianapcf.com/public/index.aspx.  When you reach the site, select “Search for Providers”.  This will take you to a screen that will contain a list of options.  You want to select “individual”.  This will produce a screen that allows you to type in the doctors name.  I recommend typing in only the first name and then hitting search.  This may give you many doctors with the last name, but if you have the first name or the address or the specialty of the doctor, you should be able to find the doctor.  Once you have the right doctor, hit the “select” button to the left of the name and you will be allowed to search for claims made against the doctor.

The claims page will present all the claims that have been made against the doctor.  Do not stop here.  Some of these claims were dismissed, some were found not to be malpractice, but some are found to be malpractice. Some of the more important information on these pages is the “panel Opinion”  which is the decision of the three panel of doctors who reviewed the case.  Also look to see if there was a payment or a settlement, as that is an indication that malpractice took place.

As an example, a Dr. Svabek has 17 claims made against him.  A review of all these claims show that some were dismissed, some were found to be malpractice and some are pending. Good luck in your research.  If you need any help give us a call.

NOTICE: No face-to-face meeting needed. You can remain safely in your home from case signup to settlement.

X