What Is Product Liability? How a Product Liability Law Firm Can Help

Shopping is enjoyable and allows us to get the items we need or want. But being a consumer also comes with risks.

If the products bought get manufactured poorly and didn’t perform as they should, injuries might happen.

When you or someone you know sustains physical harm due to a defective item, life could change forever. The severity of the malfunction determines whether a product liability lawsuit is possible.

Hiring a product liability law firm could help you file a claim to recover damages caused by a defective product.

Follow along as we discuss the details of product liability cases.

What is Product Liability?

Product liability refers to the person or party responsible for manufacturing a product that caused damage, according to the Cornell Law School Legal Information Institute.

The types of product defects include design, manufacturing, or failure to warn consumers. A design defect happens before manufacturing the item. The manufacturing defects take place during the construction of the product. The failure to warn consumers occurs when instructions or warnings aren’t provided with the product.

Common Defective Products

Any item might fall into the defective product category. But certain things are faulty more frequently than others. Everyday items that cause harm or get recalled include:

• Automobiles
• Food
• Cosmetics
• Medications
• Medical devices
• Toys
• Household appliances

According to the Consumer Product Safety Commission (CPSC), in 2017, 6,600 television product instability/tip-over injuries requiring emergency room treatment happened.

Getting injured from a product is part of a product liability lawsuit. If the product caused severe trauma, this information could be used by an attorney to negotiate a settlement. But filing a claim and beginning a suit is no guarantee monetary compensation will go to the victim.

Damages and Injuries

When physical injuries take place because of a defective product, it’s vital to seek medical attention. You should never ignore symptoms or pain after a product malfunctioned.

At the hospital, the doctors, nurses, and technicians will run tests like MRIs, CT scans, X-rays, and bloodwork. Typical defective product injuries include bruises, cuts, bone fractures, burns, head trauma, choking, organ failure, or wrongful death.

The treatment for these injuries might require medication, surgery, physical therapy, buying a wheelchair, or hiring an aide. Over time the medical expenses add up.

The high cost of medical bills and the inability to work could impact a victim’s life. If the person provides for a family, financial hardship might happen fast.

Losing the freedom to enjoy activities once enjoyed or having a limb amputated could cause depression or anxiety to develop.

It’s essential to have support while going through a chaotic period.

Thus filing a suit against the company responsible for the product that injured you might be a good option for your case.

Comparative Fault

In Indiana, comparative fault decides who is responsible for an injury. A comparative fault allows the victim to share a percentage of the injury. The law reduces the amount of compensation for damages.

Recoverable Damages in a personal injury case might include medical bills, lost wages, and funeral arrangements if the victim passed away.

If monetary compensation is negotiated, the percentage of the victim’s fault reduces the amount received.

Recoverable Damages

Recoverable damages fall into two categories economic and non-economic. The economic damages are medical bills, cost of disability, loss of wages, and loss of property or repairs.

Non-economic damages cover pain and suffering or loss of consortium (damage to a spousal relationship).

Both economic and non-economic damages are a result of the trauma sustained from the defective products. So defective product cases might attempt to recover both types of costs during the lifetime of the suit.

Recoverable Damages Cap

Each state has laws about the amount of compensation a plaintiff can receive in a personal injury case. Some states have no cap. Indiana’s damage caps cover medical malpractice, claims against the government, and punitive damages.

The Medical malpractice cap is 1.8 million for 2019. Claims against the government get capped at $5 million for an incident and $700,000 per person. While the punitive damages cap is $50,000 or three times the monetary award, whichever is higher.

The Advantage of Hiring a Product Liability Law Firm

Hiring a product liability lawyer could be the answer to your problems. Working with an attorney could allow you to focus on doctor’s appointments, physical therapy, counseling, or healing after surgery.

Everyone’s injuries and experience with a defective product vary. But the stress of a lawsuit could impact anyone.

Attorney’s are trained to handle the tedious tasks of completing paperwork, interviewing witnesses, gathering testimonies from experts, requesting medical records, and speaking with insurance company representatives.

When searching for a personal injury attorney, there are questions to ask before hiring someone. The cost, track record of success, and years of experience as a personal injury lawyer is reasonable to know.

Lawyers also ensure documents get submitted on time.

When filing a claim for a personal injury lawsuit, it’s crucial to take action before the statute of limitations ends. In the state of Indiana, the statute of limitations lasts for two years per Sec. 34-11-2-4.

However, the exceptions to the statute occur when the claim gets filed against a city or county. For those instances, an application must get submitted within 180 days. If a claim is against a government entity, the statute lasts for 270 days.

Schedule a Consultation

After suffering a life-changing injury from a defective product it might be wise to get legal counsel. Hiring the right product liability law firm is simple.

Contact our firm today to speak with one of our attorneys to learn your legal options.

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Avoid These 7 Personal Injury Claim Mistakes At All Costs

Getting injured is not cheap. Believe it or not, the average cost of a trip to the emergency room runs anywhere from $150 to $20,000 depending on the severity of your injuries.

Even a minor accident can put a huge strain on your budget, but that doesn’t mean you have to settle for a small payout from the insurance company. If someone else caused the accident, you could have a personal injury claim that needs to get settled in court.

Though every case is different, there are some common mistakes you should always try to avoid. Here are a few mistakes that can keep you from getting the most out of your claim.

1. Not Seeing Your Doctor

Medical care is expensive, even if you have insurance. But not going to your doctor after your injury can derail your personal injury claim quickly.

Think of your medical treatment as a way to establish proof of your injuries. Your doctor keeps detailed records of everything appointment you make and every treatment they prescribe.

This helps detail the severity of your injuries and shows just how much money your recovery will cost. But most importantly, it helps speed your recovery.

Personal injury lawsuits can help you get the compensation you deserve. They can’t help you heal any faster—only your doctor can do that.

2. Throwing Away Key Information

Most successful personal injury claims have supporting documentation showing just how bad the accident was. This can include pictures, witness statements, police reports, and insurance company estimates.

Throwing any of that information away can make it harder to have a successful personal injury claim, especially if you end up in court.

Instead of throwing things away because you seem to be on the mend, put all of that information in a safe place. Create a designated file or folder and keep it on-hand in case you decide to file a lawsuit against the responsible party.

The more documentation you have, the easier it will be for your attorney to represent your case.

3. Not Hiring an Attorney

When you’re injured, your main priority is getting better as fast as possible. This means it’s tempting to dismiss the accident and focus on your recovery.

Unfortunately, this can mean you’ll end up paying more than you should for the damage suffered.

If you’re thinking about suing the person responsible for your injuries, don’t just daydream about it. Hire an attorney and let them represent your case.

They’ll work for you, not the insurance companies, to make sure you get the money you deserve.

4. Signing the Wrong Documents

Throughout the claim process, you’ll get asked to sign a lot of paperwork. With so many documents getting sent your way, it’s easy to stop paying attention to what they say.

But if you’re not careful, you could end up signing away your right to sue the responsible party.

Whenever you’re given a form, a release, or offered a settlement, make sure you read the documents thoroughly. If anything looks strange or you have questions about what those documents say, speak with your attorney.

If you sign your right to sue away, your claim will get dismissed immediately. Worse, you won’t have the chance to reopen the case if your injuries grow worse over time.

5. Thinking You’ve Waited Too Long

In Indiana, you typically have two years to bring a personal injury claim to court. But there are always exceptions.

If you think you’ve waited too long and haven’t filed a claim, don’t give up hope. Speak with an attorney to determine whether the case is still valid or if the statute of limitations prevents you from suing.

Every case is different and some personal injuries may not be noticeable until well after the accident. Your attorney will be able to tell you if you still have a case. If you do, they’ll help you start the filing process and can take the stress out of going to court.

Remember, most initial consultations are free. You won’t have to pay to find out if you have a case and if you do, you’ll be better prepared to decide how you want to handle things.

6. Looking at Fault Too Narrowly

There may be more than one party liable for your injuries. If you focus on the one you know, you could be missing out and may end up getting a lower settlement amount than you deserve.

Broaden your scope and start thinking about the other factors that might have played a part in the accident.

If more than one party is at fault, the amount you could get out of the settlement may be higher than you thought. This could make the difference between just getting by after your accident and making sure you have enough to cover the full cost of your treatments.

7. Focusing Solely on the Physical Damage

During your recovery, you’re focused on the physical injuries you suffered. These are the ones that cause the most noticeable pain and keep you from living the life you’re used to. But they’re not the only injuries you suffer.

It’s always worthwhile to look at the emotional damage done by the accident when deciding how much you want to ask for in the settlement. In some cases, emotional pain may even be more severe than the physical discomfort.

Neglecting that aspect of the case is one of the worst things you can do.

Do You Have a Personal Injury Claim?

If you’re injured in an accident that you’re not at fault for, you likely have a personal injury claim. Don’t accept what the insurance company offers you as a settlement without finding out if you deserve more.

Contact the team at Truitt Law Offices and schedule a free consultation. Their attorneys will work for you get the compensation you deserve.

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9 Mistakes That Can Ruin Your Car Accident Lawsuit

There are over 6 million car accidents every year. Many of these car accidents turn into lawsuits further down the road.

But even a few simple mistakes can ruin your car accident lawsuit.

We’ve put together this guide to help you know what you should and shouldn’t do during your case.

1. Lying

Lying won’t do anything to help your case.

You might think exaggerating your injuries or the damages to your car will get you more benefits. But the court does its research. They’ll find out if you’re lying, and when this happens, you might not be able to get any benefits at all.

In fact, putting false information on your insurance application can actually void your entire claim.

But fortunately, this is an easy mistake to avoid. Always be honest with your lawyer about what happened during and after the car accident.

2. Not Getting a Police Report

When the police arrive at the scene of the car accident, one of the things they should do is create a report. If, for some reason, they don’t fill out this document on their own, make sure you ask them for one.

You should then get a copy of this police report (which is something your lawyer might do for you). This report can be an important piece of evidence for your lawsuit.

3. Skipping Your Doctor’s Appointments

You should always visit your doctor after a car accident. If you’re in a lot of pain or have a serious injury, you may want to head to the emergency room instead.

Don’t skip these appointments.

You won’t notice any symptoms for some car accident injuries until a day or two after the accident, such as whiplash. Because of this, you should go to the doctor, even if you feel fine.

Skipping appointments can reflect negatively on your case. It can make people think you aren’t actually as hurt as you claim.

Besides, your safety and health should be your top priority after a car accident, so make sure you show up for every doctor’s appointment you scheduled.

4. Not Telling Your Doctors Everything

When you’re at the doctor’s office, don’t skip over even the smallest detail.

You should tell your doctor about everything that happened during the accident. Make sure you let them know about any amount of pain or discomfort you’re feeling, no matter how small.

Remember, many car accident injuries won’t show up until a day or two after the accident. Something you think is a minor discomfort now can turn into a serious injury later.

Don’t be afraid of sounding silly.

This isn’t a time to mince words. It’s better to share everything than miss something and suffer the consequences later. This will also give you a record of every potential injury, which can prove they were a result of the accident.

5. Not Taking Pictures

Do your best to gather as much evidence as possible.

Did you get a bruise or a broken bone from the accident? Take a picture.

Did your car get dented or damaged? Take a picture.

Did some of your personal belongings get ruined during the accident? Take a picture.

If you don’t feel comfortable taking these pictures yourself, you can talk to your lawyer about it. They can send a professional photographer to do the job for you.

Forgetting to take pictures means you might not have enough proof to back up your claims.

6. Getting Rid of Evidence

Just as it’s important to gather evidence, make sure you don’t get rid of any important evidence.

This might seem obvious, but it’s easy to accidentally make this mistake.

For example, if you broke one of your bones during the accident and got a cast, it can serve as proof of your injury once you take it off. So don’t let the doctors throw it away.

You should also save any pill bottles or prescriptions you got as a result of the accident.

7. Talking to Other People About Your Case

Never talk to other people about your case, including friends and family.

Certain people, like defense lawyers or insurance adjusters, may try to contact you during your case. But don’t tell them anything. They can use anything you say against you later.

This also means you should keep any information about your case off social media. Defense lawyers will probably check out your social media accounts during a trial, and they can also use anything they find against you in court.

8. Signing Anything Without Talking to Your Lawyer

Never sign any forms from anybody without talking to your lawyer. Otherwise, you may not understand what you’re signing, and it can cause you to lose your case.

9. Making Mistakes When Filling out Forms

You’ll have to fill out a lot of different forms during your car accident case. You should always talk to your lawyer before working on any of these forms. Even a simple mistake can ruin your case.

That’s why it’s always better to hire a lawyer instead of trying to handle your lawsuit on your own.

Poor Communication With Your Lawyer During Your Car Accident Lawsuit

One of the biggest mistakes you can make during your car accident lawsuit is hiring a lawyer who doesn’t communicate with you.

After all, this is your case. Your lawyer should keep you in the loop, so you need to make sure you hire a reputable lawyer you feel comfortable with.

Not sure where to look? We can help. Make sure you click here to get in touch with us today!

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Deadly Car Accidents in Indiana

Indiana’s traffic fatality rate is 13 in 100,000 as of 2017. A greater percentage of fatalities occurred in non-urban areas, potentially due to higher speed limits. Unsurprisingly, the risk for fatality increases for younger drivers, drivers and passengers not using seat belts, drivers exceeding the speed limit, and motorcyclists. Although Indiana is far from the most dangerous state for drivers, the risk is very real.

 

Wrongful Death Claims

If you’ve lost a loved one in a car accident, you may be able to recover some compensation to help you pay for the medical bills, funeral expenses, and other financial impacts of your loss. If your loss resulted from wrongful death, then the at-fault driver can be held liable for these expenses. A claim for wrongful death is essentially a personal injury claim for situations in which the victim is deceased. Before you can work to recoup some of the financial costs of your loss, you must be able to prove that the defendant is at fault for the car accident. Common examples of situations in which the other driver can be held liable include:

• Driving under the influence
• Speeding
• Failing to obey traffic signals

Even if the other driver was not ticketed, your attorney can still help you to show that the defendant was at fault. Police reports, as well as any other documentation you can provide related to the accident, will be essential for the claim.

 

Who Must File?

Once you determine that your loved one’s accident was caused by the wrongful actions of another person, you will want to begin the process of filing a wrongful death claim. Wrongful death claims have to be filed by the personal representative of the deceased’s estate or, in the event of a child’s death, by the parents. However, the beneficiaries of any damages will typically be the surviving spouse, children, or dependents. In many cases, the estate representative is also a relative and dependent of the deceased. Therefore, it is essential to have an experienced personal injury attorney to help you with the requisite paperwork and evidence to support your claim.

It is important to note that any criminal case pertaining to the accident will not substitute for a wrongful death claim. In cases in which the defendant broke the law, the criminal case pursued by the state will not benefit the estate, so you will still need to file a separate civil case. Although the two cases are not dependent on each other, your civil case can use evidence and results from the criminal case to help prove your claim.

 

Contact an Attorney

During this difficult time, it is important to have an experienced Indianapolis Car Accident attorney working with you to make sure that those left behind are able to pay for medical and burial expenses, as well as to recover some of the lost wages the deceased would have provided. No amount of money can replace your loved one, but you can reduce the financial impact of your loss and, thus, your stress. Contact the attorneys at Truitt Law Offices today to schedule a consultation.

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Indiana Car Accident Statistics

The odds that you will get into a car accident over the course of your driving life are very high. As Forbes reports, the average American driver should actually expect to get into at least once accident every 18 years. While many accidents are minor “fender benders,” the reality is that many crashes result in life-changing injuries and deaths.

At Truitt Law Offices, our Indiana personal injury attorneys know that handling a car crash case from start to finish means more than just moving the paper. It means helping a person and a family to get through a crisis. It means carefully tracking medical care and making sure that loose ends are being timely resolved. And it also means fighting to protect a client’s rights and interests when dealing with insurance companies that want to avoid paying anything at all to victims.

Here, to provide some perspective, we provide an overview of recent car accident statistics in Indiana. To discuss the specific facts of your case, please feel free to contact us for a free consultation through one of our offices in Fort Wayne, Huntington or Indianapolis.

What Causes Car Crashes in Indiana?

According to the Indiana University Public Policy Institute, there were 219,112 car accidents in the state in 2017 alone. These crashes caused:

• 911 deaths (up from 821 fatalities in 2016)
• 50,042 non-fatal injuries (down from 51,730 in 2016).

While crashes can occur for a variety of different reasons, four of the leading ones in Indiana are:

• Alcohol – According to statewide statistics, 6,470 individuals were involved in collisions with an impaired driver in 2017. In other words, alcohol served as a factor in almost 3 percent of all auto collisions in the state. The sad reality is that many of these crashes involved drivers who had been previously cited for driving while under the influence of alcohol or drugs.
• Speed – In 2017, there were a total of 28,929 people involved in collisions where speed was a factor. This represents roughly 8 percent of all auto accidents in Indiana. In fact, 23% of all fatal collisions were at least partially attributable to a driver’s excessive and unsafe speed.
• Distraction – During 2017, there were 10,738 collisions attributable at least in part to distractions of some sort. This represents almost 5 percent of all crashes. It’s important to note that distractions can include just about anything that takes the driver’s concentration, hands or eyes off the task of driving. Distractions can include cell phones, GPS, reading, passengers, talking on the phone or outside distractions.
• Reckless or aggressive driving – Finally, it must be noted that many accidents are caused by angry and reckless drivers who simply don’t care about the safety of others. They drive fast, tailgate cars in front of them, whip in and out of lanes of traffic and may even become violent or engage in “road rage.” In fact, in 2017, the following five types of driver misconduct played a role in more than half of the crashes that occurred in our state:

Factor                                                    Crashes

Following too closely                               39,569

Failure to yield right of way                    35,752

Unsafe backing                                        20,029

Unsafe lane movement                          10,213

Disregarding traffic signal or signs         7,716

 

Are Fatal Crashes on the Rise in Indiana?

Since 2014, there has been a steady upward trend in the number of traffic fatalities in Indiana. As the Indiana University Public Policy Institute reports, between 2014 and 2017, the number of traffic fatalities rose by 22 percent:

  Year                                  Deaths

2014                                       745

2015                                       816

2016                                       821

2017                                       911

Motorcycle Crashes in Indiana

Each year, motorcycle riders and passengers are injured in disproportionate numbers, largely due to the nature of riding. Without any protection except clothing and a helmet, motorcycle riders and passengers are always at a greater risk. So, when others on the road don’t follow the rules, it can be catastrophic.

From 2013 to 2017, the number of motorcycle collisions and fatalities seemed to decline slightly. However, there was an extreme spike in deaths between 2016 (100 deaths) and 2017 (147). This marked a 40 percent increase in a single year. Non-fatal injuries went down by about 2 percent over this time period.

Most notably, of all the Indiana motorcycle riders and passengers who were involved in collisions in 2017, a total of 67 percent suffered injuries, and 4 percent died.

Indiana Pedestrian Accidents

It can be difficult to track pedestrian injuries, because the data often labels pedestrians as merely “non-motorists.” So, bicyclists, pedestrians, scooter riders and many others sometimes get lumped into the same statistics. However, according to Indiana crash stats for 2017, pedestrians and so-called “pedacyclists” or people riding non-motorized cycles of some form, accounted for less than 1 percent of all traffic accident victims. Remarkably, they accounted for as much as 13 percent of all fatalities. Between 2016 and 2017, the number of pedestrian deaths rose from 4.3 percent to 6.1 percent, marking a significant increase in just a single year.

Dealing with Injuries After a Traffic Collision

After you have been involved in a traffic accident of any kind, one of your steps should be to get medical attention. There is little to no harm in going to the hospital for a quick evaluation. If you have suffered serious injury, then you will be in a much better position to get the treatment you need and move on with your life. In some cases, early identification of injuries can lead to shorter treatments and could potentially save your life. Timely documentation of your injuries also will play an important role as you seek compensation from the at-fault driver.

Get Help from Our Indiana Car Accident Attorneys Today

At Truitt Law Offices, our experienced attorneys provide free consultations, and we never charge any costs or fees unless we secure compensation for our clients. Ultimately, our goal is to let our clients focus on the things that matter the most to them like their health and their family, while we take cover of all aspects of their case. To discuss how we can help you after a car accident, call or reach us online today.

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What You Need to Know About Reporting Dog Bites

The Indiana State Board of Animal Health requires that all animal bites be fully investigated. This investigation must include the circumstances surrounding the bite, the rabies vaccination records of the animal, and the animal’s owner. However, you do not necessarily need to report the bite directly to the Board of Animal Health.

To whom you report the bite depends on its severity. If you have suffered severe injury, dial 9-1-1 and inform the dispatcher and responding officers and paramedics of the bite. The responding officers will contact animal control and handle the reporting requirements.

If you are not in immediate danger, be certain to collect as much information on the dog and owner as possible. Then, report this information when you visit the emergency room for treatment. The doctors and nurses will ensure that the proper paperwork is filed.

 

Dog Bites Call for Legal Representation

Even if the bite seems minor, be certain to report the bite and seek medical treatment. Dog bites can carry serious diseases, such as rabies, and the state requires tracking of dog bites for public safety. You can report bites directly to the county health department, where you will also receive the necessary testing and treatment to ensure that you remain healthy.

Some dog bite victims worry that the dog’s owner will face criminal charges or that the animal will be put down. However, owners are only charged if they were reckless or failed to follow leash laws. The dog will also not necessarily be quarantined unless it is behind on rabies vaccinations, and will only be put down if there is no owner and the dog is ill.

 

Dog Bite Liability

Dog bites can be expensive to treat, particularly if follow-up testing and vaccinations are required. You may not have to bear that financial burden alone, though. Under Indiana law, the liability for a dog bite generally lies with the owner. The law dictates that the owner is liable for all damages suffered by the bite victim in situations in which:

• The dog is not provoked
• The bite victim is in a location where he or she is legally required to be to carry out government duties, including postal workers

This law applies even if the dog has no history of violence and the owner has no knowledge of past viciousness. However, liability in cases in which the victim did not have an official, legal reason for being on the premises can be trickier. If there is a leash law in place and the dog was not restrained or if the dog ventures onto another’s property and bites unprovoked, the owner can still be held liable. The key to dog bite liability is typically provocation. Be certain to document the circumstances surrounding the bite in detail to show that you did not provoke the dog in any way.

 

Contact a Indianapolis Dog Bite Attorney

If you have been bitten and need help filing a report or collecting damages, contact a Indianapolis Dog Bite Attorney at Truitt Law Offices today. Our attorneys have experience in dog bite cases can help you to file the report properly and collect the compensation you need to pay your medical bills.

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Winning the Case: 9 Tips for Maximizing Your Personal Injury Compensation

Accidents happy in everyday life, they move you forward and help you learn to be more cautious in similar scenarios down the line.

However, sometimes accidents cause serious injury… injuries so detrimental to your health that you’re unable to perform day-to-day operations.

In instances like that, it’s worth seeking every ounce of compensation. That way you can make sure you and your family are secure during your rest.

There are steps you should take the moment the injury occurs in order to maximize your personal injury compensation.

Listed below are 9 ways you can ensure the maximum coverage while you get some much-needed recovery.

1. Stockpile the Evidence

Regardless of how ambitious or reserved your compensation request is, both the jury and the defendants are going to demand legitimate evidence of your claim.

The jury bases its decision solely on the evidence that you can provide.

The defense party will even base their settlement amount on the strength of your evidence for the claim.

As soon as the injury occurs, make sure to take out your mobile phone and catch a few pictures of when and where the accident took place. Also, if you can, try to take a picture or two of the injury itself.

If anyone was around while it happened, be sure to take down their name as well as a phone number and email address to get in contact with.

Your attorney will have their own methods of gathering evidence. But, anything that you can provide at the scene of the accident will be strong evidence they can use in your case.

2. Seek Treatment/Rehabilitation

One of the biggest things that you want to be covered when an injury occurs is the amount it will take to pay for treatments and/or rehabilitation of your injury.

Realistically, the only way you can expect to receive that compensation is by firm documentation of the treatments you received.

Treatment documentation solidifies your claims as a legitimate injury and will force the other party to make a higher settlement offer.

Don’t cheap out on your treatment, listen carefully to the procedures your doctor suggests and take that course of action. Whether it’s physical therapy, medication, or frequent check-ups, be diligent in following up.

3. Exhaust Your Claim Options

It’s important to note that some injuries may not pop up until days, maybe even months, after the accident. Try to take thorough notes of the repercussions you notice and inform your attorney of all of them.

Depending on what the accident was, you can also be compensated for the emotional damage.

Your personal injury attorney will have a thorough understanding of the damages you qualify for.

The most common mistake that people make when filing a personal injury claim is assuming they only have one type of damage available. Keep an open mind to all the types of damage you qualify for.

4. Have Patience

It’s possible that you receive an offer almost immediately after filing for personal injury compensation.

More often than not, that’s a check offer to try and stop the case for proceeding further… meaning you shouldn’t take it. It’s not likely to be a significant offer upfront, so you may be costing yourself more compensation by accepting it.

This is a great way to show the other party that you have your eyes set on the long haul. Meaning that you are willing to wait it out until they meet your expectations.

5. Be Prepared to Explain Yourself

If you decline a settlement offer, the other party won’t just concede defeat and go back to the drawing board. They’ll want to know why.

This doesn’t mean you should show your hand, but you need to be able to explain why their offer isn’t sufficient. You’ll also need the evidence and documentation to back it up.

You won’t have to go this part alone, your attorney can help communicate the necessary measures of a fair settlement and the evidence you have to the other party so that you don’t have to.

6. Prepare for Trial

So, the settlement offers up to this point haven’t been close and you need to resort to other means of maximizing damages… what now?

Time to build your case and be ready to go to trial.

Granted, the other party could still offer a fair settlement at any point to stop the case from going to trial… but you and your attorney need to plan for one just in case.

Your attorney will do the dirty work of conducting depositions and requesting records/evidence.

They will be the ones using their expertise to instruct you on the next steps and have you ready for anything.

7. File Your Case as Soon as Possible

Did you know you only have a certain amount of time to file your case after the injury occurs? The Indiana Statute of Limitations states that you only have 2 years to file a personal injury case.

While that may sound like a lot of time, it’s not. In fact, a personal injury lawsuit can last 2 to 3 years.

Needless to say, it’s better to play it safe and file the case as soon as you can.

8. Keep a Low Profile

One of the most common mistakes that people make during a trial of any kind is posting things on social media that can be referenced in the other party’s case.

Don’t give them any ammunition.

If your personal injury claim states that you have severe damage done to your leg, don’t post a video of your progress to running again.

It can be used against you and, ultimately, ruin your case.

9. Be on Your Best Behavior

One of the best things you can do for yourself if your case goes to trial is making a positive impression on the jury.

They’re only human, so your demeanor and personality will all play a factor of some sort in their decision.

Be on time to the courthouse, dress to the “t”, be respectful to everyone in the court while the trial is proceeding, etc.

Optimize Your Personal Injury Compensation Today

The injuries you’ve received while on the job or at a certain location are nothing short of a tragedy. It’s time to maximize your personal injury compensation.

Be sure to read this article on questions to ask the personal injury attorney you hire. This will get you information on the values and shared goals that you should look for.

For more inquiries, please give us a call at 260-471-1022.

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Car Accident Injuries and Liability

Being involved in a car accident is never easy, but when you’ve been injured, the difficulties mount. In addition to dealing with vehicle repairs, you may also be facing mounting medical bills and time off work. In the case of head injuries, in particular, you may be unaware of the injuries at the time of the accident, leaving you scrambling to seek compensation after the accident.

 

Collecting Compensation via a Personal Injury Claim

With your mounting medical bills and inability to work, you will likely need to seek some form of compensation. You can pursue insurance claims to help you to pay your accident-related bills, including medical bills, lost wages, and pain and suffering. The insurance company will likely offer you a settlement. Remember that the goal of an insurance settlement is not to give you all of the money that you need, but to settle in a way that minimizes expense to the insurance company. Therefore, it is likely that the insurance company will offer you a settlement that’s less than what you need. While it will be tempting to accept the payout, it’s time to pursue a personal injury claim in court.

Just as in any legal case, you have the option to represent yourself in court. However, it is unwise to do so in a personal injury suit after a car accident. The insurance company will have skilled, experienced attorneys working against you. These attorneys will push to prove that you were at fault for the accident, that your injuries were not caused by the accident, or to otherwise discredit you and dismiss your case. You will be forced to demonstrate that you were not at fault, which can be difficult and complicated.

 

Establishing Fault

One of the most difficult, and most important, portions of your personal injury claim will be establishing who was at fault for the accident. To collect compensation for any damages you suffer in an accident in the state of Indiana, you must be found to be 50 percent or less at fault for the accident and, therefore, the causes of your injuries. This means that you will need to provide evidence, such as:

• Your own detailed account of the accident
• Police reports
• Photograph and video surveillance
• Witness statements and contact information
• Medical records
• Pay stubs showing missed work and pay

Ideally, you will work with your attorney to prove that you were not at fault. In many cases, though, you will be found at least partially at fault. Under Indiana law, your compensation will be reduced by your degree of fault. For example, if you are found to be 20 percent at fault while seeking $10,000 in damages, you will only be eligible to collect $8,000.

 

Contact an Attorney

If you’ve been involved in a car accident, do not try to navigate the complicated claims system alone. You’ll want an experienced Indianapolis Car Accident attorney at the Truitt Law Offices by your side to help you collect the compensation you need to get back to your life. Contact us today to schedule a consultation.

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What Is the Seat Belt Law in Indiana?

When a vehicle traveling at even a slow speed comes to an immediate, complete stop as in a car accident, it can send occupants flying forward, toss them about the cabin or, in the worst cases, eject them from the vehicle. For this reason, it is vitally important for people to wear their seat belts and put their children in proper safety seats when they are driving. It just makes sense.

Wearing a seat belt is also a matter of law in Indiana and throughout the country. Here, we take a closer look at those laws for adults and children. We also discuss how wearing a seat belt could affect your personal injury claim if you should ever get involved in a car accident. Talk to an experienced Indiana personal injury attorney to know more information about Seat Belt Law in Indiana.

The Basics of Indiana Seat Belt and Child Restraint Laws

Under Indiana law, any occupant of a motor vehicle who is age 16 or older must be properly restrained in a seat belt. The law applies to drivers and all passengers, regardless of whether they are seated in the front or back of the car. It also applies regardless of whether you are riding in a standard passenger vehicle or a pickup truck.

Indiana’s seat belt law is a “primary” enforcement one. In other words, a law enforcement officer can pull you over if the officer has reason to suspect that you are not buckled up as the law requires. If you are found to have violated the law, then you can get a ticket for a Class D infraction. Even though this violation won’t add points to your driving record, it could result in a $25 fine.

Additionally, under Indiana law, any adult who operates a motor vehicle with a child who is younger than age 8 must ensure that the child is properly restrained in a “child restraint system” according to the manufacturer’s instructions. The only exceptions to this requirement are:

• The child weighs more than 40 pounds, or
• The adult has a certificate from a doctor stating that it would be impractical to restrain the child in a child safety seat due to the child’s physical or mental condition.

If the child is between the ages of 8 and 16, the child must be restrained in a child safety seat or a seat belt, regardless of where the child sits in the car. As with the seat belt law, a violation is a Class D infraction that carries a $25 fine, but it won’t lead to points on the adult’s driving record.

If a law enforcement officer issues you a ticket for violating the child restraint law, you can avoid a fine by going to court and showing the judge that you have since obtained a child restraint system. If you have not obtained one by your court date, a judge may issue an order that gives you 30 days to comply with the law.

Why Should You Use Seat Belts and Child Safety Seats?

It’s a fact: Seat belts save lives. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that seat belts saved almost 15,000 lives in 2017 alone. Fortunately, in Indiana, most people understand the importance of buckling up when they get behind the wheel.

According to the Indiana University Public Policy Institute, between 2008 and 2017, the rate of seat belt use in our state among passenger vehicle occupants rose slightly from 91 percent to 93 percent, which is three percentage points above the national rate. However, seat belt use in pickup trucks is not as high as among those in passenger vehicles, with only 84 percent of occupants following the law.

What Are the Best Practices for Child Safety Seats?

The NHTSA and American Academy of Pediatrics (AAP) suggest that parents keep their children in car seats for as long as the child fits the manufacturer’s weight and height limits. They also make the following recommendations based on the child’s age:

• Birth to 12 months – Parents should put the child in a rear-facing car seat.
• 1 to 3 years – Until the child reaches the car seat manufacturer’s height or weight limit, parents should keep the child in a rear-facing seat.
• 4 to 7 years – The child should stay in a forward-facing car seat until the child reaches the manufacturer’s height or weight limits. If the child outgrows the car seat, the child should be moved to a booster seat.
• 8 to 12 years – Until the child can fit properly in a seat belt, the child should stay in the booster seat. Generally, the child should be at least 4-foot-9 before the child switches out of the booster seat.

When mounting a car seat, you should always use the installed anchors that are built into the vehicle. Although some older vehicles may not have anchors, these are the best choice. Likewise, if you use a booster seat that does not have a back, you should be sure that the seat is equipped with a headrest that is height appropriate. You do not want to create a situation where the child’s neck and head are above the seat back. This can lead to severe head and neck traumas in an accident.

Can Failure to Wear a Seat Belt Affect Your Car Accident Claim?

Indiana does not permit what is known as the “seat belt defense.” In other words, a defendant in a car accident lawsuit cannot argue that the victim should not be compensated because he or she was not wearing a seat belt. Regardless, you will be better off if you wear your seat belt and make sure that your child is always either wearing a seat belt or using a car seat.

Get Help from Our Indiana Car Accident Attorneys Today

Auto accident injuries can leave families devastated and suffering for months or even years after a crash. If you or a loved one are dealing with the pain and financial fallout of a car accident in Indiana, give Truitt Law Offices a call today. With offices in Indianapolis, Huntington, and Fort Wayne, we are here when you need us. Our consultations are always free and confidential.

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What Does an Expert Witness Have to Do with My Accident Compensation?

If you’ve been involved in a car accident, your expenses will no doubt be stacking up. A personal injury case can allow you to collect compensation for your expenses, including:

• Medical treatment
• Lost wages
• Repair or replacement of your vehicle
• Pain and suffering

However, in order to collect compensation, you will need to prove that the other driver was at fault for the accident and that the accident was the direct cause of any damages you are seeking compensation for. Also keep in mind that Indiana is a comparative fault state, which means that your compensation will be reduced by the degree to which you were at fault for the accident, and you cannot collect any damages if you were 51 percent or more at fault.

 

Expert Witnesses

To help ensure that the jury fully understands your case, your attorney may decide to hire expert witnesses. Indiana law allows for the use of expert witnesses, so long as they can reasonably be considered experts due to education or experience. These witnesses will provide their expert opinion of the facts of your case, helping the jury to see how the accident happened, how your injuries were caused, and who was at fault. Expert witnesses may include:

• Doctors
• Accident reconstruction experts
• Engineers
• Economists or accountants

These experts are paid to provide their opinions to support your case, so your attorney will take care to ensure that any witness you hire will be helpful in building your case. An expert can be particularly helpful in complex cases, including those involving a large number of vehicles, unusual road conditions, or pre-existing medical conditions. These cases can be difficult for a jury to fully understand, making expert testimony helpful in securing accurate compensation.

 

The Cost of Experts

Although expert witnesses can help you to secure a win in your personal injury case, it comes at a price. The exact fee will depend on the expert you hire. While it may be tempting to choose one of the most affordable experts, be certain that your witness will support your case and has the skills or training to help a jury understand the case clearly. Often, experts with the experience and training necessary are more expensive than experts with the knowledge but without the skills needed for a jury trial.

You will need to pay a price for an experienced expert witness, but remember that there is also a benefit to spending the money for their testimony. In some complex cases, the jury may be unable to see how the accident caused your injuries or how the defendant caused the accident. Choosing the right expert witness could make it possible for a jury to fully understand the accident and decide in your favor.

 

Contact Your Indianapolis Personal Injury Attorney

If you’ve been injured in a car accident, your first step should be to contact an Indianapolis personal injury lawyer focusing on car accident cases. The Indianapolis Personal Injury attorneys at Truitt Law Offices will help you to determine whether or not expert witnesses would help your cases and, if needed, select the best ones in order to improve your chances of collecting compensation.

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Car Accidents on Private Property

A car accident is stressful enough, with injuries to recover from, bills to pay, and potentially the loss of use of your vehicle. When that accident occurs on private property, your situation may be even more difficult due to differences between public and private roadway accidents.

In accidents occurring on public roadways, the police will respond. This can be very helpful for you if you need to later pursue a personal injury claim to cover your expenses, since the responding officers will investigate the accident and document their findings. If the officers find that the other driver was at fault, you can use this finding to support your personal injury claim.

However, you may not have the same benefits if the accident occurs on private property, since police are not required to respond to accidents unless they result in death, injury, or property damage exceeding $1,000 in value. Although officers will generally respond if possible, because private property accidents do not generally cause traffic jams or endanger other motorists, police may opt not to respond if your accident does not meet the legal requirements for responding.

 

In Case of Accident

If you are involved in a car accident on private property resulting in injury, death, or damage to an unattended vehicle, Indiana law requires that you contact the authorities. However, because the police do not have jurisdiction on private property, you will need to be prepared to carefully document the accident yourself. Your documentation should include:

• Name and contact information of other drivers involved
• Insurance information for the other drivers
• Names and contact information for any witnesses
• Photographs or video of the accident scene
• Photographs of damage caused to vehicles
• Photographs of visible injuries
• Your written account of events leading to the accident

Even if police do respond, you would be wise to document the accident yourself to ensure that there are no errors in the police report. Additionally, this documentation will help your Indianapolis Car Accident Lawyer to build the strongest possible case for compensation as well as helping you respond to your insurance company’s requests for information.

 

Collecting Compensation

After the accident, you may choose to pursue a personal injury claim to help you collect compensation to cover your accident-related expenses. Indiana’s contributory fault law means that you can collect compensation even if you were partially at fault for the accident, as long as you were not more at fault than the defendant.

You will be required to prove that the defendant was at fault for the accident and that the accident directly caused your injuries. Depending on the cause of the accident, you may file suit against another driver or against the property owner, if dangerous conditions on the property caused the accident. In either situation, your documentation will be essential to your case.

 

Contact an Attorney

If you’ve been involved in an accident on private property, contact an experienced Indianapolis Car Accident Attorney at Truitt Law Offices right away. We will help you to determine who was at fault and to collect the compensation you need.

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Steps to Take After Your Child Is Injured in an Indiana Car Accident

Car accidents can be terrifying enough if it is just you in the vehicle. But when a small child is in the car, many other worries will run through your mind. Is the child hurt or OK? Will the paramedics let you ride together to the hospital? When it comes to teens, you may have other concerns. Will the teen post about the crash on social media? Will he or she be afraid to drive in the future?

With decades of experience with assisting families through the tough and often frustrating issues that come with being in a motor vehicle wreck, the Indiana personal injury attorneys of Truitt Law Offices are here to help. If you and your child were recently involved in a crash in Fort Wayne, Huntington, Indianapolis or elsewhere in Indiana, contact us for a free one-on-one consultation about your case.

Child Injuries in Indiana Car Accidents

It is understandable why parents in Indiana are concerned about their children getting hurt in a crash. According to a report from the Indiana University Public Policy Institute, injuries to children in motor vehicle crashes in our state went up by three percent between 2013 to 2017. Child fatalities also increased during this time period, going from 14 in 2015 to 40 by 2017. Additionally, many children suffered injuries in bicycle accidents. In 2017 alone, 124 children who were age 14 and younger were seriously hurt or killed in such crashes.

What Should You Do If You Are in a Car Crash with a Child in Your Vehicle?

If you are ever involved in a car wreck in Indiana, and you have a child with you, here are some steps that you should take:

• Check for injuries to your child and others at the scene. Ultimately, human life and safety are the most important thing after a crash. Make sure to check on your own child and ensure that you are safe before rendering any assistance to others.
• Call 911. Even if everyone seems OK at first, keep in mind that some injuries can be delayed. For instance, brain injury, spinal cord injury and soft tissue damage may not be noticeable at first. You should call police and paramedics to the scene as soon as possible.
• Exchange information and cooperate with police. The police should help to obtain data and information from others at the scene, but do not assume that they will get witness contact information. Do your best to get the names and contact numbers of everyone at the scene, including witnesses.
• Get medical attention for your child. You want to get your child checked out by a doctor as soon as you can. Small children may not always let you know they are hurt, and older kids may hide their injuries or pretend they are OK. Always take your children to the hospital to be evaluated.
• Report the accident to your own insurance company. This may seem to be counterintuitive if the other driver was at fault. However, your insurance policy may have a provision buried in the fine print of the contract that requires you to give timely notice of the crash, regardless of who was at fault.
• Do not speak to the other driver’s insurance carrier. An insurance adjuster from the other party’s insurance company represents the interests of that driver, not you. So, don’t speak to the adjuster without consulting with your own attorney first.
• Stay off social media (and make sure your children do the same). Your car accident should be a private matter that you discuss only with your attorney. Let your children know the importance of staying off social media for a while until your case is resolved.
• Get help from an Indiana child injury lawyer. Before you give a statement to the other driver’s insurance company or accept a settlement offer, you should meet with an experienced child injury attorney. An attorney who understands the unique issues that arise in child injury cases can advise you about your rights and options and, ultimately, help you to pursue the compensation that you deserve.

What Makes Child Injury Cases Different?

Child injury cases in Indiana are different from other types of cases in many ways. First, you need to pay attention to time limits. Under Indiana law, you typically must file a personal injury claim within two years after the date of your accident. However, children are deemed to be incapable of bringing a lawsuit. For that reason, children usually have until their 20th birthday to file a lawsuit, or two years after the child’s 18th birthday.

Indiana law holds adults responsible for the medical expenses of their children. So, even though a child may get more time to file his or her claim, parents are still subject to the two-year statute of limitations when it comes to filing claims for medical expenses.

Additionally, to settle a child’s injury claim, you typically will need to get court approval. This process involves getting a judge’s determination about the appropriateness of the settlement. It may involve the appointment of a guardian ad litem to represent the child’s best interests.

Finally, it’s worth noting that a child may be required to testify at a deposition or trial in order to establish his or her physical pain and suffering and how the injuries have affected the child’s life. This is especially true if the child is a teen. As a parent, it may seem unthinkable to put a child through such a process. However, you and your child will need to be prepared for this possibility.

Our Indiana Car Accident Lawyers Are Here for You and Your Child

With offices conveniently located throughout Indiana, including Fort Wayne, Huntington, and Indianapolis, Truitt Law Offices is devoted to client service and fighting for the rights of injured people throughout the state. If you and your child were hurt in a car accident, contact us for a free consultation and find out more about your rights and options today.

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Sore After a Car Accident? 6 Injuries With Delayed Symptoms

Approximately 3 million Americans a year are injured in car accidents. Injuries can range from minor bruises and scrapes on up to devastating head trauma or other injuries that leave the victim disabled for life.

It’s common for people to walk away from a car accident mistakenly believing they were not injured. But there are several common car accident injuries that don’t show up until later.

Let’s look at several injuries with delayed symptoms that can make victims sore after a car accident in Indianapolis.

1. Whiplash

Whiplash is one of the most common injuries people experience in car accidents. It is caused by the sudden jolt of the impact stretching and straining the tendons in the neck and shoulders beyond their capacity, causing damage.

In some cases, victims will experience pain and discomfort immediately. However, it’s very common for the symptoms of whiplash to show up the next day or even a few days later.

If victims begin to experience neck and shoulder pain after a car accident, it is advisable to seek medical attention. Symptoms of whiplash also include headaches, blurred vision, ringing in the ears, and trouble sleeping.

In many cases, their injury is whiplash, in which case minor cases will heal on their own. More severe cases, however, may need medical attention. This type of pain can also indicate a spinal injury which will need treatment.

2. Concussion

A concussion occurs when the brain strikes the inside of the skull. Car accident victims don’t have to strike their head on something to experience a concussion. It can happen from a sudden, forceful change in motion that slams the brain against the skull.

Depending on the severity of the blow, victims can experience a range of symptoms including:

• Headaches
• Dizziness and disorientation
• Mood swings
• Changes in appetite or sleep habits
• Light sensitivity
• Sound sensitivity

A concussion can be hard to pinpoint, especially if there is no outward indication of an injury. It can also be life-threatening. This is why it is important for car accident victims to seek medical attention even when they think their injuries are minimal.

Look at this checklist to learn what you should do immediately following a car accident in Indianapolis.

3. Internal Bleeding

It is possible for internal bleeding to go undiscovered for a few days after a car accident. However, this is a life-threatening injury and not something to be taken lightly.

Abdominal pain can be an indication of internal bleeding. Large, dark bruises, dizziness, and fainting spells can all also be indications of this dangerous condition.

4. Blood Clots

Blood clots can develop as a result of other car accident injuries. Though blood clots in themselves are not a big deal as the body often takes care of them itself. However, if they reach the heart or the brain, they can cause serious injury or even death.

Headaches are a common indication of blood clots on the brain. They may or may not be accompanied by other signs of concussion or brain trauma.

Symptoms can take a few days to develop.

5. Back Injuries

Back pain is extremely common after a car accident, particularly when the vehicle is struck from the rear or the side. Its presence can indicate various types of injuries including:

• Whiplash
• Herniated disk
• Sprains or strains
• Spinal injuries

Back pain is often accompanied by other symptoms that help to pinpoint the source of the pain. For example, sciatica or numbness or tingling in the limbs can accompany back pain caused by a pinched nerve due to a herniated disc or spinal damage.

Other symptoms of back injuries include:

• Headaches
• Neck and shoulder pain
• Bruising
• Weakness
• Loss of bladder or bowel control
• Difficulty breathing
• Loss of balance

The spinal cord plays an important role in the function of the body. Damage to this body part can be devastating and permanent. Victims who experience any of these symptoms should seek medical help immediately.

6. Emotional Injuries

The body isn’t the only thing that can be damaged after a car accident. Many people are strongly impacted emotionally to the point that they experience symptoms of PTSD (post-traumatic stress disorder).

Feeling uncomfortable on the road after a traumatic accident is quite normal. However, some people also experience vivid flashbacks and nightmares about the events of the accident.

The is particularly common in young children.

Other folks can develop depression and anxiety after an accident. In rare cases, the effect is so strong that folks need therapy before they can get out on the road again.

Feeling Sore After a Car Accident?

Many physical problems can leave victims feeling sore after a car accident in Indianapolis. But those aren’t the only problems victims may have to deal with.

If the injuries sustained were severe enough, victims may have to take time off work to heal and attend physical therapy. Plus, they may be responsible for hefty medical bills.

That doesn’t seem fair if they didn’t cause the accident.

Have you been in a car accident that left you feeling sore? Not only physically, but also mentally as you struggle to recover and pay bills you shouldn’t have to pay?

Contact us today or visit us at any of our three Indiana offices for a free consultation. That way you can find out if your case qualifies for compensation and a ballpark figure of how much to expect. Then, we’ll help you go to court and fight for the compensation that you deserve.

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What Is the Statute of Limitations in Indiana?

Before you file any type of lawsuit in Indiana, you need to know about the statute of limitations that applies to your case. The statute of limitations is a limit on the amount of time that can pass before the right to pursue an action is barred. Criminal cases have a statute of limitations as well.

If you were recently injured in a car accident, slip and fall or other type of incident due to someone else’s wrongdoing, our experienced Indiana personal injury lawyers at Truitt Law Offices can help you to understand the statute of limitations that is relevant to your case. We can advise you on how much time remains in which to file a claim, and we can ensure that all deadlines are met in your case. Because timing is so important, make sure to contact us as soon as possible to review your case in a free consultation.

Why Do Statutes of Limitations Exist?

Statutes of limitations exist for a variety of reasons, including:

• They protect defendants from having to worry about whether they will be sued or arrested after a great deal of time has passed. This is a matter of fairness.
• They reduce the risk that potentially crucial evidence in a case will be lost or destroyed, which is more likely to happen when too much time has passed. Additionally, over time, the memories of parties and potential witnesses will fade.
• They force plaintiffs in civil cases and prosecutors in criminal cases to act with due diligence.

After years and years have passed, the facts of a case can simply become murky and challenging to determine. So, in this sense, statutes of limitation help to protect everyone in civil and criminal cases. They ultimately serve to promote the interests of justice.

What Are the Statutes of Limitations in Civil Cases in Indiana?

At Truitt Law Offices, our attorneys work exclusively on personal injury claims, which are a type of civil action. People file civil lawsuits for the purpose of recovering financial compensation, or damages. These lawsuits are separate and distinct from criminal cases. So, they are governed by a separate set of statutes of limitations. In Indiana, the statutes of limitations for the following civil actions are:

• Wrongful death: Two years
• Property damage: Two years
• Premises liability: Two years
• Legal malpractice: Two years
• Personal injury: Two years
• Medical malpractice: Two years.

In most cases, the clock on the statute of limitations starts ticking from the moment that the cause of action arises. It may start to run on the date when a person suffers an injury or, as in medical malpractice cases, when a negligent act occurs which causes an injury. In wrongful death cases, the statute of limitations starts to run from the date of the victim’s death.

For example, if you suffer an injury in a car accident on December 1, 2019, then the two-year statute of limitations will expire on December 1, 2021. However, if your loved one died on December 20, 2019 from the injuries which he or she suffered in that accident, the wrongful death statute of limitations would not expire until December 20, 2021.

Exceptions to the Indiana Statute of Limitations

In some situations, the statute of limitations won’t start to tick from the date that an accident or injury occurred, or from the date of the negligent act. Instead, the statute of limitations may run from the date that a person knew or reasonably should have discovered that he or she suffered an injury. This is called the discovery rule.

For example, if a surgeon left a piece of medical equipment inside of a patient, and the patient did not discover that this negligence occurred until three years after he or she developed serious complications, the patient would not be held to the two-year time limit. Instead, that patient would have two years from the date of discovery in which to file a medical malpractice claim against the at-fault doctor or other medical professional.

If patient was age 6 or younger at the time of the alleged medical negligence, then the patient will have until he or she turns age 8 to file a claim. This rule applies even when a child suffers injuries at birth.

Additionally, if a patient sues for more than $15,000 in a medical malpractice case, the patient must first submit a complaint to a medical malpractice review panel before the case can go to court. The statute of limitations will be “tolled,” or stop running, for 90 days after the patient receives the panel’s opinion.

In Indiana medical malpractice cases, two other rules can affect the statute of limitations:

• First, the two-year limit cannot be raised as a defense if the medical professional committed an act of deception that prevented a patient from discovering the alleged malpractice and injury within the two-year statute of limitations period.
• Second, if the medical professional’s negligence was part of a continuing course of conduct, the clock will not start to tick on the statute of limitations until the continuing conduct ends.

Finally, if you file a claim against a government entity, you generally must file a notice of claim within six months after the cause of action arises.

Our Personal Injury Lawyers in Indiana Are Here to Serve You

If you have questions about the statute of limitations for your personal injury case, we can help at Truitt Law Offices. We believe that it is always best to start working on cases as soon as possible after an accident or injury occurs. So, we encourage you to get in touch with us immediately if you are able. We will start working on your case as soon as we meet with you, including conducting a thorough investigation into what happened to you or your loved one.

We never want anyone to be barred from a financial recovery because they took too long to file a lawsuit. To avoid this issue, contact us right away and schedule a free consultation through our offices in Fort Wayne, Huntington or Indianapolis.

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Indiana Dog Bite Law: Everything You Need to Know

Dogs are usually considered great, friendly and playful family pets. Occasionally, dog bite injuries happen.

Pet owners are generally responsible for controlling their pet, and suitably training and restraining them to avoid injury to the public. Failure to do this is illegal in many states and unfortunately, the owner may face legal action.

There is a vast amount of state statutes in Indiana that can impact cases surrounding dog bites. Both the owner of a dog who has bitten a person or a person who has been bitten by a dog will benefit from reading this article about the Indiana dog bite law.

This applies to Indiana only, and dog bite laws in other states may vary.

Continue reading to find out what you can expect from the law following a dog bite.

Time Limit on Personal Injury Cases

There is a time limit on all personal injury cases. Any personal injury case, including one from a dog bite, should be filed with the court within 2 years. This comes from the statute of limitations.

If the lawsuit does not get filed within the 2 year period, it is unlikely that a court will hear the case. For a successful case, it is important to file the lawsuit within the 2-year limit to have the best chance of getting a hearing in court.

Dog Bite Law in Indiana

There are 2 rules that are followed in Indiana when a dog bite is involved. There are ways to lower the risk of these types of lawsuits occurring from dog bites.

One Bite Rule

This rule allows the dog owner to be held liable for injuries caused by the dog if the owner had reason to know the dog may bite or act aggressively. Prior knowledge of such behavior is proven in court in different ways, on a case by case basis.

One example could be that if the owner knew the dog has bitten someone before, this knowledge may be used to prove the ‘prior knowledge’ aspect of the case. Prior aggressive behavior from the dog is also another instance that could be used under the ‘one bite’ rule.

How to Prevent This?

Dog owners should always exercise caution if the dog has a prior history of biting or aggressive behavior. The dog should be kept on a leash at all times in public, and the owner should consider a muzzle too. If the dog is very dangerous, the owner should consider euthanization, to avoid serious injury to a person.

The public should avoid interacting with dogs without explicit permission from the owner, and only under the owner’s control.

Prevent a dog bite by following these simple tips.

Negligence Rule

This rule does not depend on the owner’s prior knowledge or the dog’s behavioral history. Instead, it focusses on the owner’s failure to exercise reasonable care and caution to prevent the dog from causing an injury.

The negligence rule is often used for compensation in many cases against dog’s and their owners. This rule could extend to injuries caused by the dog jumping on a person and knocking them over, causing injury.

How to Prevent This?

Dog owners should always have full control of their dog while out in public. For some dogs, this means a short leash and muzzle. For other dogs, this means effective recall and leashing when appropriate.

Again, the public should avoid interacting with a dog unless the owner’s explicit permission is given.

Dog Bite Statute in Indiana

Indiana does have a dog bite statute that applies in specific circumstances. It is IC 15-20-1-3.  This statute highlights that the owner is liable for injuries caused by the dog bite to a person that:

• Is acting peacefully,
• Didn’t provoke the dog to bite, and
• Is carrying out their work duties for the law, government or postal service.

What is means is that if a dog bites any emergency services personnel who are carrying on their duties, the owner is liable. This also extends to those in the postal service. This is regardless of whether it is private or public property.

For example, if a policeman enters a private property while carrying out their duty, and a dog attacks them, the owner of that dog is liable for the injuries. This is the same for Postal workers.

Defense to a Dog Bite Claim in Indiana

Dog owners in Indiana do have some defense routes if they are facing a dog bite claim.

Comparative Negligence

This is can be known as ‘comparative fault’ by some. This arises when the person is partially or fully responsible for their own injuries from a dog bite.

For example, a person that trespasses on private property may not be able to recover compensation for that dog bite, as they did not have permission to be there.

It could also be used when the person provokes the dog, and then the dog bites and inflicts injury.

A person needs to be proven less than 50% at fault to receive any compensation for the injuries they received from a dog bite.

Get Help Today – Indiana Dog Bite Law

Dog bite cases can be very complex, depending on the specific circumstances of the case. Truitt Law Offices is here to help and give specialist advice on dog bite cases.

Information and advice are always available on many types of personal injury claims.

For more advice and information on the Indiana dog bite law, visit the contact page.

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Is Indiana a No-Fault State?

Indiana has a tort-based, or “fault,” system of auto insurance liability. In this system, each driver is responsible for his or her own actions. So, if you are injured in a car accident in Indiana, you need to establish who is to blame for the collision. Your ability to recover compensation for your medical bills, lost income, pain and suffering will hinge on that issue.

At Truitt Law Offices, our attorneys have extensive experience in determining fault in car accidents. For more than 40 years, we have been dedicated to seeking just compensation for crash victims and their families. If you were recently injured or lost a loved one in a crash in Indiana, contact us for a free review of your case.

What Is the Difference Between No-Fault and Fault Laws?

In contrast to Indiana, many states have adopted a “no-fault” system of handling auto insurance claims. The purpose of these systems is to cut down on lawsuits between drivers. In a no-fault state, an injured motorist’s first option after an accident is to file a claim for medical and lost wage benefits with his or her own insurance company – no matter who caused the crash.

In theory, a no-fault system may sound good to some people. However, it has a serious flaw – auto insurance can cost way more. States that have enacted no-fault laws have some of the highest insurance rates in the country. For example, according to CarInsurance.com, the average insurance rate in Indiana is $964, while in a no-fault state such as Florida, the average rate is $1,823. In two other no-fault states, New York and New Jersey, the average rates are $1,759 and $1,346, respectively.

In a fault-based system like the one in Indiana, each driver’s insurance company must pay for damages that the driver causes others to suffer. So, bad drivers pay way more, and good drivers pay less. This system makes far more sense. It puts responsibility squarely on individuals for their own actions.

How Does Comparative Fault Work in Indiana?

Most crashes are the fault of a single negligent driver. Yet, in some situations, the drivers may share fault. For example, one driver may cause an accident because her or she was speeding, but the other driver may have contributed to the crash as well because he or she was texting while driving.

Some states have harsh contributory negligence laws that apply to these situations. In these states, even if a driver was 1 percent at fault, that driver may be barred from recovering any compensation. On the other hand, many other states have a comparative negligence system. In those states, fault is apportioned, and a driver’s recovery is reduced according to the percentage of fault assigned to that driver. For instance, if a driver is 60 percent at fault, the driver can only recover 40 percent of their total damages. Indiana has a modified comparative negligence law that strikes a balance between these two systems.

In Indiana, you can recover money for your injuries so long as you are not mostly to blame. In other words, if you are 50 percent or less at fault, you can still recover. However, your compensation is reduced according to your share of the blame. If a jury finds that you are 51 percent or more at fault, then you will be barred from recovering any compensation. For instance, if you are awarded $100,000 for your injuries, but you are found to be 10 percent to blame, you could collect only $90,000.

How Do You Determine Fault in a Car Crash?

Many things go into a determination of fault in a car accident. Photos, witness statements, electronic crash recorders (i.e. “black boxes”), cell phone data, social media, police reports, medical records, and even video surveillance footage from nearby stores can all serve as evidence that establishes who was responsible for an auto accident. An inspection of the accident scene can also be important. Things like skid marks, street signs and lane markings can provide clues about what may have happened in the accident.

Insurance companies do not like to pay claims. So, they often challenge liability. This is where having a skilled personal injury attorney can be crucial. At Truitt Law Offices, we thoroughly investigate cases to determine fault. Often, we work with private investigators, crash reconstruction experts and forensic engineers as part of our investigation.

How Can Our Indiana Car Accident Lawyers Help You?

Many people fear going to an attorney. They assume it will cost them a lot of money, or they will recover less of their insurance payment due to fees and expenses associated with hiring an attorney. Don’t believe that myth.

For instance, at Truitt Law Offices, we never make clients come up with money to pay upfront for the cost of pursuing their case. We never collect a dime unless we succeed in recovering money for our clients. So, there is zero risk to work with us.

Additionally, working with an attorney after a car accident can:

• Eliminate frustrations – Our experienced team of trial lawyers and staff members can handle all complex medical billing issues, claims handling issues, settlement negotiations and lien resolutions while you focus on your physical recovery.
• Help you to avoid major mistakes – Without legal training and experience, people can easily make costly errors when they try to handle car accident claims on their own. For instance, most people have no idea how subrogation works. The same is true of Medicare liens and negotiating with healthcare providers.
• Give you leverage – When you have an experienced attorney on your side who has established a solid claim for compensation and prepared to take your case to trial, if necessary, it will give you leverage when you deal with insurance companies.

Get Help from Our Experienced Indiana Car Accident Attorneys Today

If you recently suffered injuries in a car accident that you believe to be someone else’s fault, get help from our dedicated legal team at Truitt Law Offices right away. We can provide a free consultation through our offices in Fort Wayne, Huntington or Indianapolis. Call or reach us online today to learn more.

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