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Indiana Personal Injury Law Blog

How are personal injury and workers' compensation different?

When someone is hurt due to another person's negligence, the last thing on their mind might be holding the negligent party responsible. But as the medical bills pile up and wages are lost due to the injury, they might come to realize that compensation for the personal injury may be one way to gain financial stability. There are different legal options available to injured Indiana residents, depending on the injury.

Employers have a duty to keep their workplace safe from hazards or to warn their employees about potential hazards. If someone is injured in a workplace accident while performing his or her job duties, then he or she may be able to file a workers' compensation claim. By law, employers are obliged to pay money to an injured employee who was injured or became ill in connection with their work. Workers' compensation then is a system that does not depend on the determination of fault. In other words, for the most part it does not matter who was at fault for causing the injury.

How valuable is expert testimony in medical malpractice cases?

In order to succeed on a medical malpractice claim, a victim must prove four legal elements: the defendant owed a duty of care to the victim, the defendant was negligent while providing that care, the victim was injured, and the legal cause of the injury was the negligent care. These elements must be proved by a preponderance of evidence.

Failure to diagnose a medical condition that results in someone's death is perhaps the most compelling case of medical malpractice. Indiana residents may be surprised to hear that myocardial infarction and aortic dissection are examples of conditions that are far too often misdiagnosed or missed entirely. However, even if a doctor can show that they considered these options but then took steps to make a diagnosis, it may be enough for him to succeed even if the diagnosis was missed.

Hitting your head in an accident means you need to see a doctor

Getting into a motor vehicle crash is a stressful and even embarrassing experience. Even when it's clear that the other driver was at fault in the collision, you may worry about how many people will see you, especially on major highways or at busy intersections. Other drivers may heckle you while you wait for law enforcement, making you want to put the whole thing behind you. That might result in you overlooking a serious injury.

Many people simply feel grateful that they can walk away from a crash without any visible injuries. However, just because you didn't break any bones doesn't mean you avoided all injury. Some of the worst injuries commonly associated with car crashes aren't visible and may take time to show serious symptoms.

Family members lose a loved on in crash at start of the year

The New Year means a new start for many individuals, but unfortunately it can end up becoming a tragic one if a family member is lost in a car accident near the end of the year. With the emotional turmoil come frustration and a need to answer questions such as what happened and who is responsible for this crash. When it comes to light that the accident could have been completely avoided if the negligent driver had not gotten behind the driving wheel while impaired, family members often feel like they might never come to terms with their loss.

These are perhaps the issues running through the heads of family members who lost a 69-year-old man in an accident in Indiana between a pickup truck and a car. A speeding car hit the back of the truck, according to police officials. The impact sent the truck into a utility pole, causing the accident victim to die at the scene of the crash. The 24-year-old driver responsible for the crash is suspected of having been under the influence of alcohol at the time, but criminal charges are pending at the time.

Can I receive short-term disability?

Most Indiana residents are probably aware that Social Security Disability benefits are available to those individuals who have a medical condition that is expected to last at least 12 months and could even result in death. So, does this mean there is no such thing as 'temporary SSD benefits'?

The simple answer to this question is that there are no short-term SSD benefits. However, the longer answer to this question is that maybe they could be available. For example, when someone has begun receiving SSD benefits, there is nothing that prevents them from returning to work. For example, if the condition is expected to last for more than one year but is resolved within four years, there is nothing that prevents that individual from returning to the workforce. In fact, the Social Security Administration offers various incentives to people to return.

Are elderly patients more likely to get worse at hospitals?

When an Indiana resident goes to a doctor to seek treatment for an ailment, they expect the medical professional to ask them questions about their general health as well, to get an accurate picture of their life and health prior to the current condition. According to some though, medical professionals are inexperienced in dealing with elderly patients and as a result, can end up prescribing medicines or procedures that clash with their current condition, ending up worsening their condition.

When an elderly patient walks into the doctor's office, they are often not asked about the difficulties they face day-to-day, and are prescribed tests and medicines that could compromise their health. For example, a doctor may ask an elderly patient who has become acutely confused at the hospital to undergo a CT scan, without taking into account the fact that the dye involved in the test could cause kidney failure in someone who's kidney function is already impaired. According to some, this is because health care systems fund tests for elderly patients, not intensive counseling sessions that would detail their medical history and daily functioning abilities.

Make determining liability a priority after a car accident

Car accidents in Indiana surely cause physical injuries, but they also leave emotional scars. The sounds of screeching tires and screams, the smell of burning rubber and oil and the force of the impact can leave accident victims emotionally reeling, afraid to get into cars and go through the same trauma all over again. Add to that the stress of getting treatment for one's injuries -- from the initial emergency room visit to the repeated visits for ongoing treatment, a car accident usually kicks off what will be a long and difficult journey of hospital visits and bills. Add to this the stress of the not being able to work, and the resulting loss of paycheck, and one can really see that the aftermath of the crash is often even more traumatizing than the actual incident.

Even as the victim starts coming to terms with their life after the crash and improving with the help of medical treatment, the bills will keep piling on and insurance companies will come knocking, trying to quickly settle the incident in their books and move on. However, moving on is not that easy for the victim, and they should know that they don't have to settle for the first offer they get. Moreover, they do not have to go through this process alone.

Know the common causes of big rig accidents

Big rigs are all around New Albany. Driving safely near them is imperative. The drivers of these large trucks must also ensure that they are driving in a safe manner. Being involved in a semitruck crash is often a life-altering situation. Victims of such crashes may have legal actions they can pursue in connection to the harm done to them.

The causes for semitruck crashes vary greatly. There are some reasons that are more likely to lead to an accident than others.

Two sent to hospital in multi-vehicle crash in Indiana

People in Indiana expect to enjoy the holiday season with their family, and they look forward to this time all year long. When a motor-vehicle accident causes severe injuries and totals the car in the process, it can send the whole season into a tailspin for the accident victim and their family. One of the ways families can come to terms with their shocking accident can be to hold the negligent driver accountable, but when there are multiple vehicles involved, it can only add to the headache.

Police are carrying out an investigation into a multiple-vehicle crash in Indiana. The crash sent two to the hospital and resulted in two completely totaled vehicles. Given the fact that their vehicles were completely ruined, it is a miracle that the people involved survived the accident.

Who can pursue a lawsuit in a product liability case?

Holiday season means gifts -- both buying and receiving. But what happens when a product a person in Indiana receives injures them? Who can they hold accountable for the injuries they have sustained and the medical costs they have incurred for their treatment? Does the fact that the injured party is not even the purchaser of the product bar them from recovering against the supplier of the product?

Product liability is the legal concept under which an injured party would be able to recover for their personal injuries caused by a defective product. This concept calls for the accountability of the manufacturer or the seller of the defective product they have put in the hands of the consumer. The law, in general terms, is that the product being sold must meet the ordinary expectations of the consumer and when it has an unexpected danger or defect, then it no longer meets the ordinary expectations.

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