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.

Social Security and the Difference Between Title II Disability and Title XVI SSI

As a Social Security Disability Attorney, representing Social Security Disability claimants from all over the State of Indiana from our Indianapolis offices, I am often asked why a Hoosier is not entitled to Social Security if they have not worked enough in the past ten years. This statement is always  true but sometimes it may not be true.  The key to this mystery is that there are two different types of Social Security for people who are disabled.   The first type of Social Security is Title II Disability, sometimes referred to as SSDI.  I do not like to refer to it as SSI because it can too easily be confused with SSI, which we will discuss in just a moment.  The rules and regulations governing Title II Disability can be found in 20 CFR Part 404.  CFR stands for Code of Federal Regulations.  As part of this set of regulations, there can be found the requirement, that to be eligible for Title II Disability, the claimant must be have a disability that prevents them from working and is expected to last at least 12 months, AND the claimant must have worked for 20 out of the last 40 quarters.  See 20 CFR Part 404.140 through 20 CFR Part 404.146.  A quarter is one quarter of a year, so essentially you must have worked 5 out of the ten years immediately prior to the start of your disability to be eligible for Title II Disability.

The other type of disability, for those who are disabled, whose disability is expected to last more than a year AND have not worked 20 out of the last 40 quarters, is Title XVI Supplemental Security Income (SSI).  The rules and regulations governing Title XVI SSI are found at 20 CFR Part 416.  There are two essential differences between Title II and Tile XV!.  The first is that the benefits payable under Title II Disability are based on your earnings history and are generally higher than those for Title XVI.  The second is that there are quite a few restrictions and exclusions attached to Tile XVI SSI which are not attached to Title II Disability.  A few examples of these differences include:  If you are married, and your spouse is earning a substantial wage, your benefits for SSI are likely to be reduced to nothing, where as your spouse’s income is not counted at all against your Title II Disability payment.  Another example is that if you are receiving SSI and someone pays your rent and for your food, those payments will reduce the amount of SSI payment you receive.  However, with Title II Disability benefits will not decrease if someone else is paying your rent and food bills

Tip of the Day: If in doubt, when filing for benefits, file for both Title II Disability and Title XVI Supplemental Security Income.  There is no penalty for doing so, and this will insure you receive the maximum benefits to which you are entitled.

Indianapolis Serious Injury Attorney Discusses Hospital Liens

As we all know a serious car accident, a drunk driving accident, a construction accident can lead to very serious personal injuries.  As Indiana’s Serious Personal Injury Law Firm, representing Hoosier all over the State from our Indianapolis Offices, we have seen those injuries, including broken bones, spinal cord injuries, brain injuries, amputation and paralysis.  These injuries lead to lengthy and costly hospital bills. If the injured person does not have health insurance, or if the person depends on Medicare, the hospital has the right to file what is called a Hospital lien.   This lien was authorized by the Indiana legislature, and can be found at the following Indiana Code citation: I.C. 32-33-4-1.  This lien gives the hospital the right to collect all the money for the charges made from the injured persons personal injury claim.  Now, you say, what is wrong with that?  Well, in principal, there is nothing wrong with that, but the reality is much different. 

When a person has private health insurance, the hospital submits the bills to the insurer, which then “writes down” the bill to the “Reasonable” charges for these medical services.  For those of you lucky enough to have private health insurance you have  seen this.  The hospital bill is say, $20,000.00.  The insurance company determines that the reasonable bill is $11,000.00 and the $9,000.00 is written off by the hospital.  Remember what I’m saying, the reasonable bill is only $11,000.00.  Therefore when the hospital writes off the other $9,000.00 they are agreeing the $9,000.00 is not reasonable. Now take the person without insurance, or the person with Medicare.  They are billed, by the hospital, $20,000.00.  There is no write down by an insurance company.  This person is obligated to pay the full $20,000.00 even though if they had private pay insurance, the hospital would have admitted that $9,000.00 of the bill is not reasonable.  That is not fair!!

In addition, when the money is collected through the injury claim, the private pay insurer has to share attorneys fees with the injured person.  Thus out of the $11,000.00 the injured party recovered from their suit, they have to pay the insurer 2/3rds of that amount because the injured party had to pay the attorney and it is only fair that the insurer has to pay also.  The hospital does not have to share the attorneys fees, they get all their money even though a large percentage of the money is  not a reasonable charge.

We say, change I.C. 32-33-4-1 to require that the injured person only has to pay the reasonable amount of charges, and that the hospital must pay their fair share of attorneys fees.

Indiana Serious Personal Injury Lawyer Discusses Personal Responsibility

We think that we were all taught as children, by our mothers, is a universal truth.  If you make a mess (or cause a harm, or hurt someone, or break a window, and wreck another’s car etc.) you are responsible to admit what you have done and take responsibility to make it right.  This is PERSONAL RESPONSIBILITY. I do not know if this is the personal responsibility that all the tort reformer are talking about.  I don’t think it is.  I don’t think it is because the tort reformer’s focus is on making sure the person who is harmed has his rights taken away.  Why do I say this?  Well let’s discuss an example.  In the Indiana Legislature, more and more bills have been introduced over the years to give people who cause others injury immunity for the harm they cause.  What is immunity you ask?  Immunity is a thumb in the eye to your mother’s advice.  Immunity allows a person (or corporation) to cause harm to others and not be responsible for the harm they cause. Last year there were at least thirty bills that sought immunity for various business enterprises.  One such immunity that is now law is for the owners of horse operations.  If you take your child to ride a horse, and the owner puts the saddle on wrong so your child falls, or puts your inexperienced child on a horse that is known to buck off every rider ever placed upon him, and your child falls and breaks a bone, or suffers a brain injury, or is paralyzed, or suffers a wrongful death, your child cannot ask the owner to make up for the harm they caused.  If you ask such a silly question, the horse owner, their insurance company and the insurance company lawyers will first snort, then thumb their nose at you , and if you persist they will threaten you, and you can’t do a thing about it.  You just have to take it.

Of course when someone is allowed to thumb their nose at their own personal responsibility a couple things happen.  First, the incentive to make property, products and other activities safe is reduced.  After all we all know that if there are no consequences, there is little incentive.  Second, the injured child will have to seek Medicare and disability.  So the Taxpayer is now the person responsible for cleaning up the mess.  The mess does not go away, we all now have to make up for what the person who caused the harm refuses to take care of.

We say, NO IMMUNITY!!!   If you cause a harm, be a human being, admit what you have done and be responsible for making it right.  We stand for what our mother knew was right.  We do not need greedy business’s, with political agendas, interfering with the truth.

Serious Personal Injury Lawyer Touts Reduction in Drunk Driving Accidents

Indianapolis Personal Injury AttorenysDrunk driving accidents are a scourge on the Hoosier state and the CountrySerious personal injury, including but not limited to, broken bones, paralysis, spinal cord injuries, brain injuries and wrongful death are what we reap when drunks drive.  Hoosier families are ripped apart on both sides of the steering wheel.  One family either loses a loved one or has to watch as their loved one struggles to pay bills, earn a living and support their children.  On the other side of the steering wheel, a Hoosier family has to watch their loved one go to jail, and struggle to make ends meet while the bread winner is in jail.  It is a no win situation.  It starts with a person’s lack of empathy (the ability to feel and understand the situation of other people), and leads to making decisions that cause death and destruction.

Well, we finally have good news to report.  We are making headway in the fight against drunk driving.  A new federal report (from the Centers for Disease Control) indicates that drunk driving accidents have decreased 30 percent over the last five years.  To put this in perspective, out of every 100 Hoosiers, 30 fewer people suffered serious personal injury or wrongful death in the last five years than was the case in the five years preceding.  This means there are 30 people who are still working, earning a living, caring for their families and being productive members of society.  While this is a great thing, it is still not enough.  For those thirty people who escaped injury, there are 70 who needlessly fell victim to the reckless indifference of a few Hoosiers who do not care enough about themselves and others to avoid driving while drunk.  

Please, designate a driver, call a cab, walk, call a friend.  Do anything, but do not get behind the wheel of that car after you have been drinking.

Indiana Serious Injury Lawyer And The Truth About Caps

If you ever serve as a juror in Indiana and the case is a medical malpractice case, there is a cap on the wrong doers liability. Take, for instance, a  case involving a baby who suffers brain damage during birth, because of the negligence of the health care provider, and the cost of the medical care alone for the rest of the baby’s life totals 10 million dollars.  You and you fellow jurors return a verdict of 10 million dollars, knowing that this is just and fair compensation for the child.  You leave the Court house, not happy about what happened, but at least you know that the child will at least have proper medical care and that the health care provider’s medical malpractice insurance will be responsible for paying that fair amount to the child, right?  Wrong!!!  Indiana, medical malpractice recoveries are capped at $1,250,000.00 dollars.  So you ask, what happens after the $1,250,000.00 is paid?  More likely than not, the child will be forced to go on social security disability and the bills that exceed the $1,250,000.00 will be paid by the tax payer.  That’s right.  In this instance, the cap that protects the doctor’s medical malpractice insurance carrier, causes the rest of us to pay for his mistake.  I ask you, is that fair?

If you suffer serious personal injury in a car accident with a government employee, and you suffer paralysis that prevents you from working, you should not have to worry, as the government’s insurance company will be required to pay you fair compensation for your injuries right?  Wrong!!!  Government liability in Indiana is capped at $700,000.00 dollars.  So if your life time bills exceed that amount, you will be forced to go on social security and Medicare and the taxpayer is forced to pay for you medical bills.  As to recovering your lost wages, sorry, the Government is not responsible for that.

So you see, what your mother taught you does not apply to very select groups within our society.  The legislature has decided it knows better.  The legislature has decided that your mother was wrong when she taught you that if you cause harm to another you are fully responsible for making up for that harm.  The legislature has decided that personal responsibility applies to some but not all of us. I say this is not right.  I say that caps should be eliminated for everyone.  Everyone is responsible to fully make up for the harm they cause.  At the very least, Jurors should be told the truth about these caps at the time of trial.  At this time the jurors are told nothing about these caps.  As my father taught me, a half truth is a whole lie.

Serious Personal Injury and the Truth

In my continuing effort to educate the general public about the truth regarding the Civil Justice System, I want to discuss a part of the medical malpractice law in Indiana.  If you are seriously injured in a drunk driving accident, a construction accident, a slip and fall on privately owned property and you are 1% at fault for the injuries, you are still entitled to collect 99% of your damages.  This is only fair, in that each person should be personally responsible for the harm they cause, and not just a part of the harm they cause, all the harm they cause. 

This is not true in a medical malpractice case.  If the health care provider commits malpractice, but the injured patient is 1% at fault for his/her injuries, because they forgot to take a medication on one occasion, then that 1% fault means that the health care provider does not have to compensate the patient they injured even though the health care provider’s fault caused 99% of the harm.  Now remember, medical malpractice does not mean the health care provider meant to do anything to cause the harm.  Medical malpractice simply means that the health care provider failed to treat the patient the same way a reasonably careful doctor would treat the patient.  You can liken this to a driver who fails to stop at a stop sign and causes an auto accident.  The driver did not mean to ram the other car, they simply did not drive as a reasonably careful driver would drive, i.e. stopping at the stop sign.

It is not fair that health care providers are not responsible for making up for the harm they cause, if the person they injure is minimally at fault for the injuries.  If you are a juror, you are not told this truth about medical malpractice, and there is no sound reason why you are not told this truth. I propose one of two changes.  Either change the system so that each party to the lawsuit is responsible for exactly the amount of harm they cause, or tell jurors the truth about how the system now works.

The Truth About Serious Personal Injury Cases

As an Indiana Serious Personal Injury Attorney practicing all over the State of Indiana from our offices in Indianapolis, I want to offer another point in my question to improve the Civil Justice System.  As you all know our civil justice system is the best in the world.  In this civilized and effective system, businesses work out disputes without violence.  In this system our government is called to task for errors and omissions, another check in the balance of power. Seriously injured people, the victims of drunk driving accidents, highway accidents, motorcycle accidents and the like, are able to bring their claims to the civil justice system in an attempt to find fair compensation and justice. However, improvements should  always be considered.

I suggest that jurors should always be told the truth about Insurance.  Currently, if a person is injured and brings their claim to Court, the jury is not told whether the person who caused the collision, and injuries, has insurance which will cover the claim.  The person bringing the claim must tell the jury they have health insurance, so why is the jury not told that there is liability coverage that will pay the judgment?  The answer is that the insurance companies have convinced the Courts that Jurors are not trustworthy.  The insurance companies assert that if the jurors know there is insurance they will give the injured person more than fair compensation.  I, for one, believe that jurors are honest, intelligent and want to do the right thing according to the law.  So I think the reasons for not telling Jurors the truth about the existence of insurance do not hold up.  As the civil justice system is based finding the truth, withholding the truth from jurors is not justifiable and should not be done.

Indianapolis Accident Lawyer Addresses Fairness in a Case

I’ve been practicing law for more than 23 years.  In all that time, except for a three year stint as a part time public defender at the start, I have represented only those seriously injured as a result of the negligence of others.  In that time, I have seen much criticism of the civil justice system.  I have heard that there are too many law suits.  I have heard that people need to take personal responsibility.  I have heard that our medical system is being irreparably harmed by malpractice suits.  The list goes on and on. In response to all this criticism, I am starting a multi part blog that addresses ideas that will make the system a level playing field for the benefit of all concerned.  Let me start by saying that our civil justice system is the best in the world.  Of course it will always be subject to change to accommodate our changing society.  However, in our system of civil justice we do not drag a person who has caused a serious collision and serious personal injury or wrongful death and beat the driver to death..  We come to Court.  We behave as civilized human beings.  We allow our adversaries counsel and the opportunity to present their evidence in a peaceful manner.  We ask our peers to listen to the evidence and return a verdict.  We then live with the results of that verdict.  I offer the following ideas as an observer whose goal it is to aide our society to greater heights.

Every person should be held responsible for their actions.  Currently, a person is held accountable for their actions, but only in part. Responsibility is based on fault and fault is determined by percents.  For example if a driver is 75% at fault for causing a serious injury, and the injured person is 25% at fault, the 75% responsible driver fairly compensates the injured driver by paying  75% of their damages.  However if the injured driver is 51 % at fault, and the other driver is 49% at fault, the other driver has no responsibility to fairly compensate any of the 49% of damages they caused.  In addition, the jury is not told this fact.  I suggest making two changes.  First, change the system so that the driver who causes any percent of a collision, is responsible for fairly compensating the injured driver equal to that percent of fault.  If they are 25% of fault, pay 25% of the injured person’s damages.  If they are 95% at fault they are responsible for compensating 95% of the damages.  After all it is only fair that a person be responsible only for that percent of harm they cause. Second, tell the jury the truth about how the system works. Jurors are smart.  Jurors do not become frivolous just because they are sitting in the jury box.  Jurors listen to the evidence and try to follow the instructions.  Tell them the truth and let them do their job.

Indiana Personal Injury Lawyer Discusses the “Reasonable Person”

In law school we talked a great deal about the mythical reasonable person.  A reasonable person is easy to identify in some situations such as, a reasonable person will always stop at a stop sign.  A reasonable person will always follow warnings on products. But it is not always easy to know what the reasonable person will do.  If a person reads a warning on a product, but does not understand it, are they being reasonable if they use the product?  If a person is attempting to pull out of a parking lot, but cannot see and another driver waives them out is the first driver being reasonable if they pull out and then is hit by a car they did not see?  Why is reasonable person worth discussing.  The reasonable person is worth discussing because as we go through life, in this social world of ours we try to behave in such a way that we allow everyone to live their life the way they wish to, including ourselves.  When we fail to act reasonably, such as driving while drunk, causing a drunk driving highway accident, or we do not follow OSHA rules and regulations at a construction site and a construction accident happens.  When accidents happen people suffer serious injury such as amputations, paralysis, broken bones, brain injury and even wrongful death.

When injuries do happen, and a person is forced to sue (usually because the insurance company for the person who failed to acted reasonably and the injured person cannot agree on what is fair compensation), the law tries to look back and see if the person who caused the injury acted reasonably.  If you are ever selected to serve as a juror in a case involving personal injury, you will hear a lot about the reasonable person.  You will be instructed by the Court that id the person who is charged with causing the injury failed to act like a reasonable person, then that person will be responsible to fairly compensate the injured person for all their injuries.  (Remember, this compensation will be paid by the person’s insurance company and the person will not have to pay anything out of their pocket).

In conclusion, as you interact with everyone else, the law requires that you act as a reasonable person would act so as to not cause injury to another.

Avoiding Serious Personal Injury with Child Safety Seats

They tug at our heart strings, gripping your finger with their tiny mitts.  Looking at you with all the confidence that love provides.  You feel whole in ways you never experienced before. Unconditional love is a powerful thing.  I hear people lamenting the loss of the good old days when everyone wasn’t so concerned about safety, when we could ride in the back widow of the car and no one thought twice. I want to sit with those people for just a moment and ask them how they would feel if their child was in the back window when a car pulls out in front of the car and the child is flung forward into the back of the front seat, or worse yet, out the front wind screen.  I know these people are just talking, not really thinking about what they are really saying, but I wish they would stop.

Of the great inventions of our times, and there have been many, a precisely constructed child safety seat deserves recognition.  It is a simple device to use.  It is a simple device to make.  It is a simple device to carry from place to place and it can even be transformed into a pumpkin seat.  Yet in this simplicity is an element of safety that protects the apple of our eyes.  I have a case right now involving a roll over crash. One person was suffered wrongful death and another endures an amputation as a result of the roll over.  However, the 12 week old baby was left with nary a scratch.  When the car stopped, on its roof, the car seat held baby fast, allowing the rescue personnel the opportunity to remove him from the wreckage. 

These seats are inexpensive and the companies will work with you to instruct you on the proper use of the seats.  It is a small price to pay for such protection.

Motor Cycle Safety and Serious Personal Injury

Yesterday was a glorious day.  A friend called and invited me to the Indianapolis Moto Grand Prix at the Indianapolis Motor Speedway.  The weather was perfect. The fans were excited.  The food was delicious and the racing was incredible.  I marveled at the bravery and skill of the riders as they sped along at speeds of up to 190 miles per hour.  This got me to thinking.  There was one collision in the two races I saw.  This collision occurred on the last lap at the last turn of the Indianapolis Moto Grand Prix.  Three riders were neck and neck going into the last turn.  Each was desperate to pass the other.  One rider dipped low to pass on the inside.  In order to hold his line he put a huge amount of pressure on the front wheel, but it did not hold and he slid out, off the bike and into last place of the active riders.  He tried, but it did not pay off.  So, how is it that bikers going that fast, in close contact with all the other riders and no one is seriously injured or killed?

In my opinion, the greatest danger to the safety minded biker is the other guy.  So often the car does not take time to see what is clearly there.  It may be because the driver is used to seeing a larger object and reacting to that.  It may be that the driver is not taking enough time to check his blind spot on to look back a second time for oncoming traffic.  Whatever the reason, a major cause of serious injury and wrongful death of Hoosier motorcyclist is having a car turn in front of them, or pull out in front of them.  In either event, there is little time for the biker to react and avoid impact.  As the biker is usually thrown from the bike serious personal injury such as brain injury, spinal cord injury, paralysis, broken bones, and amputation can occur.

Fellow Hoosiers, please take a little bit of extra time to make sure you are not about to pull out in front of a biker.  Look over your shoulder after checking your mirrors, but before merging into the next lane to make sure a biker is not riding along there.  Just a little bit of extra time can save the biker from a lifetime of pain and misery.  It will also allow you to avoid the burden of guilt such a crash will leave behind.

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

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