You should not wait to consult with a lawyer if you are injured as a result of someone else’s negligence. A lawyer specializing in personal injury generally will not charge for a consultation and you should not have to sign any contract just to get some initial advice. Things to discuss include how should your medical bills be paid after an injury. This could include, depending on the facts, whether workers compensation should be involved or whether health insurance or medical payments coverage through your own policy should come into play. There are deadlines that you should be aware of in the event your injury is a result of a governmental entity fault. They often require a notice to be sent within 180 days of an injury. Whether you should give the other sides insurance company a statement is also an important decision that you should consult with a lawyer before agreeing to do…These are just a few of the possible issues that you should be educated on before agreeing to do anything.Even if you are planning on handling the claim on your own a consultation now could prevent problems for your claim in the future..
Author: John Young
What is the Process involved in your Social Security Disability Claim
As your Indiana Social Security Disability Lawyers, operating out of our Indianapolis offices, we pride ourselves on courteous, friendly service. That is why you will always be working with an attorney through every step of the process. I often receive questions about whether a claimant needs an attorney in the application process, and what happens if you are turned down on the first application. Well, here is a short hand version of my standard answer. Of course every situation is different, so if you have a specific question give us a call.
To file an application you can do it on line. Go to www.ssa.gov. Be careful, there are copy cat sites, so type in this address carefully (You can right click on the blue address and then paste it into the address bar on your browser.) Or if you are not computer savvy, go to your local office. Either way I recommend you have 4 lists ready and with you. 1. Your medical providers with addresses; 2. Your medications with side effects, 3. Your jobs for the last 15 years including what you did physically at the job such as I sat most of the time or I walked most of the time, I lifted so many pounds frequently, etc, and 4, A complete list of your disabling conditions. I cannot stress enough that this list must be complete. When this is complete you may be, later, asked to see a doctor of the Administrations choosing. Make sure you get to that appointment. The whole process takes about 3-4 months. If you are turned down on your application. Do not despair, most people are turned down. Call me and we will do the following.
First we will file a Request for Reconsideration for you. The process after the filing of the Req. For Recon. is loosely as follows. All additional records are obtained by the social security administration. They may ask you to see another of their doctors, but that is not common. I will have access to your efile within 10 days of mailing in my Appointment of Rep. form. I will assess the file to see if we should ask for a determination on the record. Such a determination is usually performed by an attorney working for the Administration. They have a little bit more discretion than other SSA employees but not as much as a judge. The whole process takes three to four months. If you are denied at this level, then we file the request for Hearing before Administrative Law Judge and essentially follow the same process just described. It is important to keep me informed of any changes in your medical condition so that we may obtain any additional records.
There are as many different issues as there are claimants, so I cannot answer every question in this short paragraph. I am always happy to speak with you on the phone.
Another Chinese Product Recalled
On June 23 ,2011 the Consumer Product Safety Commission announced a voluntary recall of Circo Aloma Infant Giris Sandals imported by Target . Decorative flowers on the sandals can detach and pose a choking hazard. Thankfully no one was injured yet. This does point out a problem that injured persons face when injured by products that are not recalled before someone is injured and that is when products are manufactured overseas (e.g. China) then the ability of injured persons to seek justice in our courts is made much more difficult and expensive if not almost impossible. For additional information regarding this and other products recalled go to http://www.cpsc.gov .
What Does State Minimum Auto Insurance Mean in Indiana?
Why does the State of Indiana require that there be minimum insurance? As your Indiana Serious personal Injury lawyer, we see firsthand the kinds of harm car accidents can cause. It does not matter if the crash is a drunk driving accident or a highway accident. These harms, including brain injury, broken bones, spinal cord injuries resulting in paralysis or amputation, can interfere with any Hoosiers ability to earn a living and enjoy their life. So when a driver carries the minimum state limit of liability insurance coverage, that is all the insurance company will have to pay you even if your injuries cost you far more than the amount available. The State minimum insurance amount in Indiana is $25,000.00. If you are injured and your injuries require you to be in the hospital for a few days, your medical bills will get high quickly and $25,000.00 probably is not going to fairly compensate you. What do you do then? Well you can sue the other driver, but chances are that the other driver has state minimum limits because they have little in assets and the state minimum is all they can really afford. Therefore, A judgment against that person does little good because there is little chance they will ever be able to fairly compensate you for their negligence.
Your best defense is buying three different kinds of insurance in addition to your liability coverage. The first two are very similar and are called Uninsured Motorist coverage (UM) and then Underinsured motorist coverage (UIM). If the drunk driver, or any driver, has no insurance your claim will be against your own UM coverage. If the other driver has state minimum coverage then your claim will be against your own UIM coverage because the State minimum coverage was not enough to cover all your losses. I recommend you purchase as high a limit of UM/UIM coverage as you can afford. After all, it may be the only insurance available if you have a serious personal injury or even a wrongful death.
The other type of insurance is medical payments insurance. This insurance will pay your medical bills, up to the limit of coverage you purchase, for injuries sustained while a passenger in your car. It is a kind of health insurance. It comes in very handy when you have a high deductible on your regular health policy. Med Pay Insurance is very affordable. I recommend that you buy as much as you can, but at a minimum you should buy an amount equal to your deductable on your health insurance. That way you will have little or nothing out of pocket if you are hurt in a crash or accident.
Photograph or Video When Someone is Injured Says Indiana Injury Attorney
If you are a witness to someone being injured or are injured yourself it is important to get photographs or video of the scene of the injury at the time or as near the time of the event as possible. Subjects for photographing could include vehicles location, damages and people at the scene. Other subjects for video or photographs could include stairs ,walkways,ice conditions etc.The importance of documenting the scene of the injury may not seem important at the time but months later when trying to describe why or how someone was injured the video or photographs can be extremely important to show just exactly what occurred. E.G. if a store says wet floor signs were in place , photos taken at the time showing no signs can help to establish the truth of what actually occurred. Most everyone has a cell phone with some video capability.If you are injured then obtaining this information can be invaluable later on.IF you witness someone being injured then taking pictures or video can be invaluable to them at a later date. You should always be sure that you give your name and contact information to the injured person or someone who knows them. By taking these few measures you can assist in making sure that the truth of what occurred prevails.
Motorcycle Helmets and Serious Personal Injury or Wrongful Death
I am always amazed at people I see riding bikes and scooters and motorcycles without helmets. I am even further amazed and how strongly some of these people feel about laws requiring the use of helmets. A couple years ago, the Indiana legislature was all set to pass a mandatory helmet law. On the day of the final vote several hundred motorcyclists filled the halls of the state house to voice their opposition to mandatory helmet laws. I understand smaller government, but I do not understand not wearing a helmet.
In what must be one of the most ironic stories of the year, Police say a motorcyclist participating in a protest ride against helmet laws died after he flipped over the bike’s handlebars and hit his head on the pavement. 55-year-old Philip A. Contos of Parish, N.Y., was driving a 1983 Harley Davidson with a group of bikers who were protesting helmet laws by not wearing helmets. He hit his brakes and toppled over the handlebars. He was pronounced dead at a hospital. Troopers say Contos would have likely survived if he had been wearing a helmet. We are saddened for Mr. Contos’ family. However, this story is a teaching moment. Helmets prevent more serious injuries. Helmets are comfortable. Helmets should be worn at all times.
I often wonder if the same folks who do not want to be told by the government to wear a helmet, have any objection to receiving social security and Medicare for the rest of their lives after a severe brain injury in a motorcycle accident. After all, for the rest of their lives the Government they did not want telling them what to do, will be telling them what to do for the rest of the lives.
Texting and Driving, a Recipe for Serious Injury and Wrongful Death
A few days ago we wrote about the dangers of distracted driving. In that discussion we talked about texting and driving. Well, one of our own brought home the importance of the discussion yesterday. Lucas Harrison of Richmond just had to get that last text out. He was driving his car in Richmond, and texting in violation of the new anti texting law. He was distracted from his duty on the road to pay attention by his texting., the next thing he knows he is driving through a medical building and coming out on the other side. The good news is that no one was injured. Mr. Harrison’s car is a total loss, and the building requires big repairs. All because Mr. Harrison was distracted while driving.
If you doubt how dangerous texting and driving is Mr. Harrison could come to your home and give you a firsthand demonstration. Imagine if someone had been sitting in that building in Harrison’s path. Imagine it was a mother and two children. Imagine it was you and your children or grandchildren. Mr. Harrison’s thoughtless actions could have resulted in the wrongful death of fellow Hoosier. It could have resulted in serious personal injury such as spinal cord injury, brain injury, broken bones, paralysis. It could have wiped out a family or taken the bread winner from their family. No good comes from texting and driving. It is a selfish and thoughtless act. It demonstrates a complete lack of concern for the welfare of our fellow Hoosiers. Mr. Harrison, you were lucky. Take this opportunity to make a difference. Never text and drive again. Do what you can to get this message out.
Horseplay is Dangerous Driving
As your Indiana Serious Injury Lawyers, we at Young and Young want you to talk with your kids about horseplay. Horseplay is any action of a passenger or passengers, that distracts the driver of a car. Horseplay can be as dangerous as drunk driving. The reason we have drunk driving accidents is because the driver’s reflexes are too slow and their thinking is impaired. We have talked quite a bit about the dangers of drunk driving and drunk driving accidents. A car can be, in the hands of a driver who is not fully attuned to the road, a dangerous machine. Passengers, do not take actions that will demand the attention of the driver away from the road.
A collision in Noblesville, over the holiday weekend, is more evidence of the dangers associated with distracting a driver. Nicholas Killinger was northbound on Ind. 37, just south of 206th street, when he was distracted by a passenger. Killinger’s pickup truck crossed the center line on collided head-on with a Kia Spectra driven by Daniel Stone. Daniel Stone, and his passenger, Lisa Stone both suffered wrongful death as a result of Mr. Killinger being distracted. Mr. Killinger’s passengers were seriously injured in the accident.
Anything that distracts a driver away from their duty of operating a car safely must be avoided. Other examples of common distractions include texting while driving, driving while talking on the cell phone, reading anything such as a map or a paper, the list goes on and on. If you must do anything that will take your attention away from the road, please pull of the road to a safe location and take care of your business. After you have safely concluded your work, drive again. Parents, please have this discussion with your children. Children, please have this conversation with your parents and your friends. We all want to get where we are going safely. Avoiding distracted driving will help us all.
Indiana Serious Injury Lawyer knows Speed Kills
It is a common headline, but when it is somebody famous the point is publicized more. “Jackass” star Ryan Dunn died in a fiery car crash in suburban Philadelphia early Monday morning. Of the more shocking details of this crash include that Mr. Dunn texted a picture of himself drinking not long before the crash, the car left over one hundred feet of skid marks, the car was unrecognizable, for a while the damage left the passenger unrecognizable, the car was travelling well over one hundred miles an hour. Speed Kills. It causes wrongful death and spinal cord injuries, paraplegia, and brain injury, broken bones and leaves families shattered.
It robs us of so much. Where is James Dean, Princess Diana and Harry Chapin?
Speed does not just kill famous people. Our hearts go out to the parents of two young men killed in Muncie, Indiana where authorities believe speed cost the young men their lives. Myles Swoboda, and Jake C. Monroe both suffered wrongful death in a crash involving speeds in excess of 100 miles per hour.
Parents, share these stories with your young drivers, it may save their lives.
Indiana Auto Accident Attorney – Beware of Signing a Release Too Early
Often when someone is injured in a crash or by some other method as a result of someone’s negligence the insurance carrier for the party at fault will come in early and offer a small settlement in exchange for signing a “release”. An injured person who signs the release gives up all of their rights regardless of how seriously they are injured. It does not matter how many medical bills you have or future medical bills you might have because a release stops all responsibility on the party at faults behalf. It is not unusual for someone to come to our office after learning that they are hurt worse than they originally suspected. They might have future medical bills and lost wages that they did not anticipate when they signed the release. The reality is that when they sign the release they lose the right to seek fair compensation. You should never sign a release until you are released from you doctor after a thorough examination and period of time to make sure that you are not more seriously hurt that anticipated. Another problem with signing a release it that you might limit or stop your own health insurance companies duty to pay bills if you release the wrongdoer. You can even limit , reduce or eliminate your ability to make a claim under your uninsured or underinsured motorist coverage if a release is signed too early and without the proper steps being followed. It is always best to consult with a lawyer familiar with this area of law before signing on the dotted line. It is often too late when you come to a lawyers office with a signed release in hand.
Serious Injury Lawyer Says Watch Out For Cyclists
The roads are not reserved for the two four wheel variety of transportation. Now that the warm months are upon us, we are seeing more bicycles and motorcycles sharing our roads. This recognition is the first essential in helping to protect our two wheeled Hoosiers. Cyclist are not generally as visible as a car. So, all drivers must keep in mind to be on the lookout for them. Keep in mind that if you hit a cyclist and cause serious personal injury, such as a spinal injury, paraplegia, broken bones or even wrongful death, you may not be able to forgive yourself. Knowing that you have interfered with a fellow Hoosier’s ability to work, earn a living and support their family is a heavy burden.
Sue Ann Vanderbeck is struggling with the guilt and consequences of her negligence this very moment. (Remember, negligence is the failure to use reasonable care, in other words to be on the lookout for a cyclist and avoid impact). On September 30, 2010, at about 12:30 a.m. Mrs. Vanderbeck struck a police officer on a training ride on U.S. 40 west of Knightstown, IN. She left the scene. William Phillips suffered wrongful death as a result of her actions. I am certain that not a moment goes by that Mrs. Vanderbeck does not wish that she could change the events of that night and let Officer Phillips return to his family. Unfortunately for all involved, that is not possible.
Take a lesson from the tragedy of Officer Williams and Mrs. Vanderbeck, keep an extra sharp lookout for cyclists sharing the road. An ounce of prevention prevents a lifetime of guilt, grief and loss.
Indiana Drunk Driving Accident Lawyer discusses Drunk Boating
We all know about drunk driving accidents and how they cause wrongful death and serious personal injury to the victims. I have written several blog entries on the subject of DWI. Given all the attention to automobiles, it is likely that boating while intoxicated may be overlooked. The laws against operating a motor vehicle apply with equal force to motor boats, after all, a motor boat is a motor vehicle. It is illegal to operate a motor vehicle, including a motor boat with a blood alcohol level of .08 or more. It is also illegal to operate a motor boat in an impaired state. The Indiana Department of Natural Resources, and other law enforcement agencies, are charged with the task of enforcing these laws on our state lakes, reservoirs and rivers. That’s right, it is illegal operate a boat on White River in an impaired state. I know it has been more than twenty years ago, but the shock of the accident is still strong. Two boats collided on the white river near the Keystone Bridge in Indianapolis. One boat was taking a slow cruise. The other boat was travelling at a high speed. The fast moving craft road up and over the slower moving vessel and killed a passenger on the slower moving vessel. Alcohol was a factor in the collision.
We recommend that boaters take the same preventative steps as car travelers and designate a designated driver. Bring plenty of water and soft drinks. These soft drinks and water are not only for the designated driver, but are also for the others on the boat. The combination of consuming alcohol in the direct sun will cause dehydration, a dangerous condition. We love to boat. We love to boat with our friends. We love people who take responsibility for their actions by planning ahead and are prepared to protect themselves and all others on the waterways.
Indiana Social Security Lawyer Analyzes the Difference Between 2 Types of Disability
Most people do not know it, but there are several different types of benefits under the Social Security umbrella. We as your Indiana Social Security Attorneys are fully aware. The over arching list includes Old Age and Retirement benefits, widows benefits and disability benefits. Of the disability benefits there are two different benefits. The first is Title II Disability, often referred to as SSDI, and the second is Title XVI Supplemental Security Income, also known as SSI. There are similarities between the two. The most important of which is that each use the same criteria to determine whether you are disabled. The difference between the two is mostly economic. The economic requirement for Title II disability is that you have worked 20 out of the 40 quarters prior to your date of disability onset and you have paid either your FICA tax, or your self employment tax. If you meet this criteria, and you are disabled, then you are entitled to Title II. Title II Disability is the better program for disabled people in that there are much fewer restrictions and offsets than are associated with SSI. With SSI, any support you receive from any person is counted as income. This includes the value of the room and board provided by any other person. If you are married, and your spouse works, their income is counted as income to you and reduces your monthly SSI benefits. If the support you receive in the form of room and board, or your spouse’s income is high enough, your SSI benefit may well be reduced to zero.
If you have a question about which benefit to which you may be entitled, contact us.
Indiana Serious Injury Attorney is upset with Greenwood Drunk Driving Mother
As most of my regular readers know, I am not fond of people who drink and drive. It is a selfish act, part of that what’s good for me is good way of thinking no matter how it might affect fellow Hoosiers. Well, I can tell you how drunk driving accidents affect your fellow Hoosiers, it causes them to mourn the wrongful death of their loved ones. Drunk driving accidents take parents away from children, including their guidance and their support. Drunk driving accidents take away your fellow Hoosiers ability to walk if they have a spinal cord injury resulting in paraplegia. It takes away their freedom from pain caused by broken bones, burns and amputation. Drunk driving crashes take away a parents hopes for a bright future for their injured or wrongfully killed children.
Well, just when you thought it could not get any worse, a mother takes her small child on a wild drunken ride, resulting g in the car crashing into a house. Cathy Crawley, Greenwood, endangered her child, the Hoosier home owners and herself by drinking and driving. She likely has an alcohol problem she is not dealing with. Her license has already been suspended for life for other infractions. Well, if the proof is strong that Ms. Crawley was drinking and driving on a suspended license with her child in the car, then she is not learning her lesson. We say, take away her liberty before she kills someone. If she cannot control herself, we must control her. That is a real shame, but what else can be done. Ms. Crawley alcohol is already taking you away from your family. Maybe jail will help you understand your issues and make you seek help. We hope so for your sake, for your daughters sake and for all Hoosiers’ sake.
Indiana Serious Injury Lawyer takes on Playing with Fire
I think it was Eric Burden, as singer with the Animals who sang, “Don’t you play with me, cause your playing with fire”. The song makes a good point. Playing with fire will get you burned. Most people have only a very general understanding of the amount of harm burns cause. Children have no idea the danger they are in. As you know, burns range in severity from first degree (such as a sunburn) to second degree, damage to the top layer of skin causing blisters and third degree which chars several layers of skin. We all know that burns hurt like the dickens, but did you also know that burns heal by creating scar tissue? Scar tissue does not look like uninjured skin. It does not stretch like uninjured skin. It does not grow like uninjured skin and it is very sensitive to heat, ultraviolet rays and other common environmental factors.
Of the many dangers associated with burns is infection. If the burns are over a large percentage of the body, infection is a significant danger that can lead to death.
Some things you can do to protect your family include the placement of smoke detectors in your house. Talk with your children about stop, drop and roll. Have a fire escape plan and practice it with your children. Instruct your children to never go back into a burning home and have a designated meeting place outside the home to meet so that everyone will know who is missing. Talk to your children about playing with matches and the dangers. Know where all power lines are into the home and if they travel through trees, make sure the kids stay out of that tree. One of the hidden dangers of putting gas on a pile you intend to ignite is the fumes from the gas. You cannot see them but they are all around you. If you are close to the fire when the match is struck, you will find yourself within the flames of the fumes.
Be safe with fire because medical science is not advanced enough to put you back the way you were before the burns.
Home Protection Tips for When You Travel
| If you are taking some time off during the summer and going out of town here are some tips to protect your home while away. Some basic safety measures can help prevent problems while you’re away from home. Consider doing these before leaving: – Be selective about informing others that you’ll be out of town. You don’t want it to be common knowledge that your home is sitting empty. Tell a trusted neighbor or family member when and where you’ll be going and when you’ll be returning. – Use timers to turn on and off lights, TVs, and radios according to your normal schedule. This could dissuade any potential robbers if they think someone is home. – Put a hold on your mail and newspaper delivery or have a neighbor collect them for you while away. – Ask a friend or neighbor to occasionally park their car in your driveway to give the appearance that someone is home or visiting. – Don’t announce on your answering machine that no one is home and turn off your telephone ringer as an unanswered phone can tip off a burglar. – Unplug appliances and turn off the gas to avoid a potential fire. Turn off your water to prevent a flood if a pipe, fitting, washing machine hose, or water heater leak while away. I recommend that if you are gone overnight or longer to shut off your water unless you have someone checking on the house daily. If you have an alarm monitoring company for your home security system, notify them of your plans and make sure they have updated emergency contact information. Following these few steps could prevent an unwanted surprise when you return home. |
Serious Injury Lawyer Revisits Bicycle Safety
Again, I was riding my bike to work today. A part of my route gives me two options. Neither option has bike lanes. The first option is to ride south on Pennsylvania Street from 16th street to Ohio. Pennsylvania is a one way south with four lanes and is a busy artery into the city from the north side. The other route is Delaware Street. Delaware Street, south of 16th street is also a four lane street, but it is a one way north. It had 8 foot wide sidewalks and in the morning is not really heavily travelled. I choose to take the Delaware Street route because it is less congested and I think is safer than the Pennsylvania Street route. I have noticed a few things about this decision that I would like to share. The first is that when cars come to Delaware Street, whether they are coming out of a parking lot, a street or an alley, the driver inevitably looks only to the south (the direction from which car traffic is traveling). At first I was kinds put off by this. Then it occurred to me that this was only natural because that is the only direction the driver expects a hazard my come from. Given this fact, whenever I come to an intersection or any outlet on to Delaware Street, I always yield to the car. I never pass in front of them because I know they probably with not look for me. Those who do look, always look startled to see me waiting for them to pass. This surprise always gives way to a thankful smile as I waive them on. It is a little curtsey that has saved my butter on many occasions.
When I ride south on Delaware, I ride on the sidewalk when traffic is so close that we may pass. If I ride on the road the drivers do not seem to know what to expect from me. I think they think that if I am crazy enough to ride south on a one way north street, I may be capable of doing anything. They give me weird looks and sometimes the looks are hostile. I think that to be safe, I want the driver to believe that my actions are going to be predictable. To this end, I ride on the sidewalk when cars are coming at me. If there are people on the sidewalk, I slow down, give them the right of way at all times and make sure they are aware I am there with an audible signal. Pedestrians appreciate knowing what is going to happen the same as a driver does. If the sidewalks were not so wide on Delaware Street, I may have to choose another route, but they are wide, and with a little courtesy, my rides are accident free.
Indiana Auto Accident Attorney talks about “The Blind Spot” and Defensive Driving
Yesterday, I was coming back to our serious injury offices in Indianapolis, from Richmond. We just concluded a significant hearing. I was travelling west on I-70 near the Keystone interchange (Mile marker 83.5, just east of the I-65-I-70 split). At that location, I-70 is five lanes wide. I was in the second lane from the right. (I was travelling the speed limit, but there is not much of that at that location). There was a small car to my right. My front bumper was just about even with his back bumper. I was in his blind spot. He put on his left turn signal and immediately started to move into my lane. He obviously did not know I was there and did not bother to turn his head to look before moving over. There were cars immediately to my left so I could not move left. Although there was a car on my tail I hit the brakes and the car moved into my lane with about ten feet to spare.
To my surprise, he just kept moving left. The car to my left hit the brakes and the merging car barely missed him, then his luck ran out. The merging car kept on going, but in the next lane was a semi tractor-trailer. The semi cannot slow as efficiently as a car and the merging car hit the semi on the passenger front corner. The merging car was suddenly fully in front of the semi being pushed down the road. The driver of the merging car could only see the grill of the semi as he looked left. Unfortunately both the semi and the merging car were not only moving down the road, they were also merging into the left lane. An SUV clipped either the merging cars front or the semi’s front lost control and started to roll. The SUV landed on the wheels. I do not know what happened to the merging car. I pulled over, called 911 reported the collision, gave the State Police my name and telephone number. I thought about going back to the scene, but many, many people had already stopped to help and I was on the opposite side of the highway from where they all came to a stop, so to reach the scene I would have had to cross three lanes of traffic, which oddly enough barely seemed to slow down.
The point of this story is that we want to you to be careful when merging into another lane. Every car has a blind spot. To properly merge you must signal your intent and then look to make sure no one is in your blind spot. If the merging car, in my story, had followed this simple rule, there would have been no collision and several families would have made it home safe.
Retention Pond Dangers and What to Do in an Emergency
We have spoken of them in the past, retention ponds. You see them in every new development.
What Are Retention Ponds?
Retention Ponds are ponds purposely placed by builders to control water flow and flooding in an area, particularly in subdivisions, retail or industrial spaces. Sometimes they are attractive and sometimes they are scars in the ground, but ALWAYS they are dangerous.
Examples Of Retention Pond Dangers
Car Sinking in Retention Pond Could Not Be Seen, Resulting in Death
Several months ago a teenager, leaving a party drove into a retention pond and suffered a wrongful death. Even sadder was that he was listed as missing for several days because no one saw the car enter the pond and the car sank below the top of the pond.
Car Entered Retention Pond, But Luckily Passengers Were Seen & Rescued
Yesterday, a frightening but injury free crash involved a retention pond. A car with two women entered a retention pond near the Church of Acts in the 3700 block of South Dearborn. A quick thinking teenager, Olivia Martin waded into the pond, which was about five feet deep and rescued those in the car. Her quick thinking may have saved the passengers’ lives.
Important Things To Remember If Your Car Goes Into Water
Remember a couple things about cars and water:
- Do not panic! Try to stay calm and think about your situation & surroundings.
- The car will float for a few minutes giving you time to plan.
- The car door will not open: Because the water on the outside of the car is heavy and is pushing against your door, it will not be possible to open the door until the car fills with water. If this is the only way out, stay calm as the water fills the car, then open the door and swim out.
- Retention Ponds Are Shallow: Most retention ponds are less than 10 feet deep, giving you opportunity to reach the surface and swim to shore.
- If the car ignition is still on, the electrical system is still on: This mean the electric windows will still operate. If you choose this route of escape, when the window is lowered, water will rush in and will block your exit until the water fills most of the car. As hard as it will be to wait, do so. Fighting the rush of water will only cause you to tire and will not be effective. You will need your energy to swim, save it.
- Get A Car Safety Hammer / Glass Window Breaker: Some companies sell a hammer like device to allow you to break a window to get out. If you use this method, you will also have a rush of water into the car when the window is broken. Don’t panic, wait and when the car fills, swim out.
All of these tips are easy to say when the panic is not upon you, but if you mentally prepare, you will have a better chance of survival if you ever find yourself in this situation.
*Quick Note About Pools: Designate someone to be the eyes on the pool, more than one is better. Do not talk to that person while they are working. Children die in the blink of an eye. An 8 year old girl died in a Brownsburg pool when 50 or more people were standing by, apparently no one designated to watch the pool. Our sympathies go out to the family of Aalayah L. Willis. Please do not let another precious child out of sight. Watch those pools!
Rare Diseases and Social Security Benefits from Indiana Social Security Lawyer
I have been representing Hoosiers in their claims for Social Security Disability Benefits for more than 23 years. Over that time I have run into several people who have rare diseases that cause them to be disabled. These diseases are just as problematic as the diseases we all know about such as cancer, so why do they cause issues when you have a claim for disability benefits? The answer is in the regulations of the Social Security Administration. The first question asked is the claimant working. If the answer is no, the next question is does the claimant have a severe medical impairment. The third step is whether the impairment meets a listing. The fourth step is if the impairment does not meet a listing the Social Security Administration determines the claimants residual functional capacity ( a fancy way of saying what the body can still do despite its impairments). Finally, the fifth step is to determine whether there are any jobs in the national economy the claimant can still do despite the impairment. The precise cite to the controlling law is 20 C.F.R. Sec. 404.1520. (CFR stands for Code of Federal Regulations).
I want to talk about the second step. I know you are asking yourself what are these impairments. Well, the answer is again in the regulations. The Social Security Administration, with the help of medical experts, has created a list of medical conditions that they call impairments. We call them the listings, for short. They are a list of injuries, illnesses and diseases. If the claimant has one of these injuries illnesses or diseases, AND the symptoms are severe enough, the claimant will be found to be disabled. The exact cite for the Lists is 20 CFR 404, Subpart P. Appendix 1. The general categories for the listings are Musculoskeletal, Special Senses and speech, Cardiovascular, Digestive, Genitourinary, Hematological, Skin, Endocrine, Multiple Body Systems, Neurological, Mental, Cancer, Immune system. As you might guess, the listing include the more common problems. So what Happens when you have one of the rarer diseases that is not listed in the Listings?
Again we have to look at the rules. In this case we have to look specifically at 20 CFR Sec. 404.1526, Medical Equivalence. If your impairment is medically equivalent to a listed disease in severity and duration. You will be found to be disabled. The SSA uses 3 ways to determine medical equivalence. This is a rather complicated process that requires consideration of the rules and your medical records. If you find that you have a disease, and it is not a common problem, give me a call. I will sit down with you, look at your records and let you know what I think about whether your impairment is medically equivalent to the listings.