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Indiana Personal Injury Law Blog

How can I prove I have been injured by a defective product?

When a product is sold on the market, there is an assumption that it is safe and fit for ordinary use, which is the use for which it was intended. Other products are unavoidably unsafe, such as an electric knife, which would be useless if it was not sharp and, therefore, is accompanied by warnings about risks associated with the uses of that product. Despite this, thousands of people are injured throughout the year by dangerous or defective products and the question for those who are injured in Indiana may be, who do we hold accountable and how?

This area is governed by product liability law-the liability of any or all parties along the manufacturing line of the product for damage caused by the product. This could mean accountability at the top of the chain, with the manufacturer, or the bottom of the chain, with the retail store owner.

Why is time of the essence in filing a medical malpractice claim?

You have been injured by the negligence of another-either in a car accident or due to medical negligence by a medical professional. You're busy running to the hospital, dealing with the aftermath of the incident, recuperating. Even though you intend to file a case, you keep delaying for a number of reasons and then when you finally get around to it, you find out the case is time-barred. You have a right to file the case-after all you were injured at the hands of another. So, what does time-barred mean? It means the right to sue has potentially been lost forever because the case was not brought within a specific time.

Known as the statute of limitations, every state enacts a time period after the initial incident during which the victim can sue the person who they claim has caused them injury. Though the clock starts running at different times and depends on the type of case or procedure, the end result is the same-if not filed on time, the right may be lost forever. In Indiana, the matter is governed by the Indiana Code Title 34.

How broken bones affect you after a car crash

Broken bones affect you in many ways. If you're already living paycheck-to-paycheck, then breaking a bone in an arm or leg could put your job and income at risk.

Fortunately, if your broken bone is related to an accident caused by another party, you can file a claim for compensation. That compensation can take a while to arrive, but that doesn't mean you should rush to get a settlement. It's in your best interests to make sure you understand the full impact of a broken bone and what it means for you now and in the months ahead.

Get help applying for SSD benefits

Indiana residents, similar to their counterparts across the country, work hard at their jobs and like to maintain their physical and financial independence. This is why many of them continue to work into old age-they don't want to become dependent on anyone else. But, sometimes, they become injured on the job or suffer an illness that affects their ability to work and they must rely on someone else for assistance. The federal government provides them with options in these instances by providing aid in the form of social security disability benefits.

The problem with receiving these benefits is that the applicant is giving up a portion of their independence-in order to qualify the applicant must admit that they need financial assistance because their condition prevents them from working and earning a living for themselves and getting treatment for their illness. On top of that, the paperwork required to demonstrate eligibility can be confusing, intrusive and time-consuming, adding to the frustration of the applicant.

Qualifying medical conditions to receive SSD benefits

You've heard it time and time again-if you have a disability that is going to last more than a year and affects your ability to work while also preventing you from any form of gainful activity, then you may be eligible to receive federal Social Security Disability benefits from the Social Security Administration. But, what does this really mean-what is meant by a disability?

Put simply, it revolves around your ability to work. According to the Social Security Administration, that means you cannot do the work you did before, the medical condition you have prevents you from adjusting to other types of work and the disability is going to last for more than a year. Again, that might raise a similar question-so what is considered a disability?

Tragic motor vehicle accident kills two, severely injures one

Even though we don't like to admit it, when we get out on the road, there is a certain risk that one might get involved in a motor vehicle accident. One doesn't expect that when they are sitting in the safety of their own home, which is why the recent car crash that took the lives of two in Indiana is such a shock to the community.

According to police reports, a 17-year-old driver was driving westbound when she went off the right side of the road, traveled more than 100 yards, flew in the air and slammed into the side of a home. The car entered into the home's living room and nearly came out the other side. The accident ended up causing the deaths of two children, another 17-year-old and a 9-year-old and also caused severe injuries to the children's mother.

How do I appeal my SSD claim?

There are a number of reasons a Social Security disability claim may be denied; some of those were discussed in last week's post. Though it may seem frustrating at the time and it may seem like the end of the road, that is not the case-the Social Security Administration provides several levels of appeals for denied claims.

It is important to keep in mind that there is a 60 day time limit to file the appeal and the time starts from the date the denial letter is received by the applicant. The SSA assumes the denial letter is received within five days of posting it, and the clock starts from then. The appeal must be requested in writing or can even be done online. There are a number of levels for appealing a decision, and Indiana also offers a reconsideration of a claim.

Common reasons for denied SSD claims

When someone has been working their whole life and trying to remain independent without relying on anyone for help, it may come as a shock to them that they are suddenly injured and need to ask for financial assistance to make ends meet. However, various federal programs exist for this reason--to provide much needed financial assistance to those who prove their eligibility. The federal regulations surrounding the Social Security Disability claims administered by the Social Security Administration are complicated, however, and it can be frustrating when someone has finally completed their application and submitted their paperwork only to have their claim denied.

It's not as alarming as it initially comes across-almost 70 percent of first-time applications are denied. Where does this leave frustrated Indiana residents? The good news is that with the denial comes a notice that explains why the denial was given. Even if the reasoning was not provided, it is possible to request one from the SSA. In order to appeal the decision, a process that will be discussed next week, it is important to understand why the denial was given.

Glass at the local pool? You could have a case

Swimming pool owners have a responsibility to keep those who use their pools safe. That means limiting hazards whenever possible.

At most pools, you'll see signs with restrictions and rules. One common rule is not to bring in sharp items or items that could break, like glass. If someone violates that rule, he or she puts everyone at the pool at risk of harm.

Medical mistakes one of the leading causes of death

When an Indiana resident goes to the doctor, they expect the doctor will help them, not hurt them. Most of the time this is the case, but, occasionally, a medical mistake occurs. In this situation, a family may be able to hold a doctor liable for medical malpractice.

Medical mistakes are things that are covered frequently on the news. These events are serious and cause a person to suffer immeasurable harm. But, no one actually thinks a medical mistake will happen to them. Johns Hopkins researchers have announced that medical mistakes are the third leading cause of death in the United States behind heart disease and cancer. The medical mistakes include surgical errors, diagnostic errors, preventable adverse effects, and provider's errors in judgment, among others. In 2013, medical mistakes resulted in over 250,000 Americans dying. Patients should be vigilant in choosing a medical provider and not agree to a procedure if they are uncomfortable with the doctor. Seeking a second opinion can also be a good idea.

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