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FAQs

We Answer Your Questions

My insurance claim is in subrogation; what does that mean?

March 27, 2017

Subrogation is a common part of the claims process. Your insurance company is interested in wrapping up a claim as quickly as possible. Often, they pay for damages as soon […]

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Can I fire my personal injury attorney?

March 14, 2017

You have the right to fire your personal injury attorney nearly any time during your case for any reason. Costs of Firing Your Attorney Any unused retainer fees must be […]

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Should I hire a lawyer if I don’t want to go to court?

March 9, 2017

A lawyer may not be necessary when you fight a speeding ticket or head to small claims court. If you feel more comfortable with an attorney, it’s your choice to […]

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Is the information I discuss with my attorney confidential?

March 8, 2017

The Duty of Confidentiality While there are some exceptions, the information you discuss with your personal injury attorney is confidential. Your attorney’s duty of confidentiality works to ensure that he […]

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Can I access my child’s settlement money?

March 7, 2017

Accessibility of a child’s settlement money is dependent on who’s awarded the money. The owner of the settlement is determined either in the settlement agreements or in the court. If […]

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What is insurance bad faith?

March 2, 2017

Insurance bad faith is when an insurance company neglects to honor an insurance claim that falls within the terms of the policy. If the insurance company has no principled basis […]

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Can I still sue after an accident if I wasn’t wearing a seatbelt?

March 1, 2017

If you were injured in a car accident while your seatbelt wasn’t buckled, courts will likely interpret it as negligent on your part. As such, the courts are unlikely to […]

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What is pain and suffering in a personal injury case?

February 28, 2017

Pain and suffering is a way to recover money to compensate for the impact an accident or injury had on a victim. Some payments (referred to as damages) are designed […]

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Can medical malpractice be a crime?

February 28, 2017

It’s extremely rare for medical malpractice to become criminal. When physicians do face criminal charges, it’s typically in the event that they’re committing healthcare fraud or selling or over-prescribing medications–specifically […]

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Is my doctor liable if my medical procedure has a bad outcome?

February 24, 2017

A bad outcome from a medical procedure may not qualify for medical malpractice. There’s a clear line between a bad outcome and medical malpractice: known and preventable risks and negligence. […]

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Can I sue my doctor for malpractice if I have a pre-existing condition?

February 19, 2017

Yes, you can file a medical malpractice lawsuit if you have a pre-existing condition. With the exception of routine physical exams, you’re at the doctor because you have a condition […]

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What is the Good Samaritan law in Indiana?

February 18, 2017

Imagine that you’re out running errands and you see someone in serious danger. Do you run over to try and help them? Would you be worried about the consequences if […]

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What does medical malpractice mean?

February 17, 2017

Medical malpractice occurs when a patient is harmed by a doctor, nurse, or other medical professional. To be malpractice, this harm is the result of negligence or subpar standard of care. […]

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Can I still sue my doctor for malpractice if I signed a consent form?

February 15, 2017

If a consent form is properly explained and signed, it is unlikely that a patient can sue for malpractice or lack of informed consent. If the consent form is not […]

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What does standard of care mean?

February 13, 2017

There is no definition for standard of care in medicine; it’s a term only used in law. Standard of care is reasonable guideline of care that a patient would receive while being treated by […]

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What does medical malpractice insurance cover?

February 12, 2017

Medical malpractice insurance (also called medical professional liability insurance) is a special kind of professional liability insurance for medical providers. Physicians and other medical professionals use for protection against malpractice […]

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How does medical malpractice work in emergency situations?

February 7, 2017

There are special medical malpractice rules in medical mistakes in an emergency room (ER). ER doctors aren’t immune to malpractice lawsuits, but their cases have differential treatment in court. Malpractice in […]

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Do I sue my doctor or the hospital for medical malpractice?

February 6, 2017

Hospital stays aren’t necessarily going to be comfortable or easy. They should, however, leave you feeling a bit better than when you went in for treatment. But when you end […]

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Does having insurance affect my settlement amount in a medical malpractice case?

February 5, 2017

Yes, your settlement amount may be affected if insurance covers all or part of your medical expenses. Insurance companies and health care providers can issue a lien against your settlement […]

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Can I file a malpractice lawsuit against someone who isn’t a doctor?

February 3, 2017

Yes, you can file a lawsuit against someone who isn’t a doctor. Any licensed healthcare professional or entity that provides healthcare services can be subjected to a medical malpractice lawsuit. For […]

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Should I try to reach a settlement agreement or go to trial?

February 2, 2017

The decision to either settle or go to trial varies per case. The parties involved have a strong incentive to settle in order to avoid extensive legal fees and an […]

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What’s the difference between a verdict and a settlement?

February 1, 2017

The difference between a verdict and a settlement is whether a legal dispute is resolved in a court room during a jury trial, or outside of a courtroom between plaintiff, defendant, […]

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What is medical malpractice liability insurance?

January 31, 2017

Medical malpractice insurance exists to protect medical doctors and other licensed healthcare professionals from liability associated with malpractice or negligence that resulted in patient injury. It also covers property damage, and personal […]

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What is a summary judgment?

January 25, 2017

A summary judgment is a decision made based on statements and evidence without going to trial. It’s a final decision by a judge and is designed to resolve a lawsuit […]

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What is the statute of limitations for premises liability claims?

January 20, 2017

Premises liability claims vary in nature. The term encompasses many instances, such as slips and falls, improperly built or maintained structures, or even animal bites. Learn the statute of limitations […]

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Do I need a lawyer if my child has cerebral palsy?

January 16, 2017

Children with minor to severe cerebral palsy may require physical therapies and procedures, which can add up in cost. If you do in fact have a malpractice case, you aren’t the one responsible […]

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What damages should I expect from my cerebral palsy settlement?

January 10, 2017

Any damages you may receive from a cerebral palsy settlement is almost impossible to know or calculate without the exact details of your case, and there should never be a price […]

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Where can I find a cerebral palsy lawyer?

January 10, 2017

You can start looking for a cerebral palsy lawyer simply by online, or look for recommendations from friends and family. It’s possible that someone you know also knows a birth […]

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What does a cerebral palsy lawyer actually do?

January 9, 2017

  A cerebral palsy attorney’s job is to help your family receive compensation to cover your child’s care and expenses. What you can receive damages for depends on your case, but […]

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What factors make my case eligible for a premises liability lawsuit?

January 7, 2017

Simply put, a slip or fall accident is either a slip or a fall on somebody else’s property resulting in injury. The property owner has certain legal responsibilities to maintain […]

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Can I reopen a medical malpractice case after its been settled?

December 31, 2016

No, medical malpractice cases cannot be reopened once they’ve been settled. Once a settlement is reached, both parties sign a release in which they forfeit the right to take any legal action […]

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What is a slip and fall accident?

December 19, 2016

A slip or fall accident is either a slip or a fall on somebody else’s property resulting in injury. The property owner has certain legal responsibilities to maintain a hazard […]

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What is “informed consent”?

December 17, 2016

The general definition of informed consent is when a treating physician (or other healthcare provider) must inform their patients of all potential risks, side effects, benefits, and alternatives before performing any course of medical […]

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Should I accept a low settlement offer?

December 14, 2016

In most cases, the first settlement offer is low, and you have every right to refuse it–and you should. Before you respond to any settlement offer–whether high or low–consider these […]

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What are special damages?

December 8, 2016

Special damages cover monetary losses that have a measurable dollar amount, such as lost wages, property damage, and medical expenses. In a personal injury case, a plaintiff can seek special damages to cover […]

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How much is my motorcycle accident claim worth?

November 15, 2016

Because every motorcycle accident is different, determining your claim’s worth is split between two types of damages or losses: Damages that can pinpoint an exact dollar amount (also called special damages) […]

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How do I get a structured settlement?

November 14, 2016

Structured settlement options are popular among personal injury lawsuits. If you’ve agreed on a structured settlement after winning your case, the money will be transferred from the defendant’s insurance company (or the […]

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How do I know if I have a drug injury case?

October 21, 2016

A drug injury case is the result of a drug or device used in someone’s medical treatment that ends up causing injury or death. Even though we trust our healthcare […]

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What is a drug injury?

October 19, 2016

When an individual has been injured or killed from taking prescription medication or over-the-counter drugs, a drug injury lawsuit may be possible. The injury sustained can be a condition brought […]

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How long do I have to file a wrongful death suit in Indiana?

October 14, 2016

In Indiana, immediate family members of the deceased have 2 years from the date of the accident to file a claim. Once this deadline has passed, it’s nearly impossible to get the […]

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What damages am I entitled to in a wrongful death case in Indiana?

October 13, 2016

Wrongful death claims are civil cases. Therefore, damages are intended to help the estate and surviving family members (spouse, children, dependents) recover the losses directly related to the death. Keep in mind […]

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Who can file a wrongful death claim in Indiana?

October 12, 2016

In Indiana, a wrongful death claim is a civil suit. This means that the claim must be filed by a personal representative of the deceased’s estate. This representative could vary per the […]

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What is wrongful death?

October 10, 2016

In the state of Indiana, the wrongful death statute states that a person’s cause of death must have involved misconduct or negligence on behalf of another person or entity. Wrongful death […]

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Do I have a product liability case or a medical malpractice case?

October 4, 2016

Unfortunately, it’s hard to determine the exact cause of any particular product liability or medical malpractice case without careful dissection of the individual case. Healthcare providers at all levels use many different […]

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How do I file a claim against an insurance company?

September 25, 2016

When there are substantial damages at stake after a personal injury, you’ll like file a claim with your insurance company. Receiving the right amount of compensation could cover medical bills, any […]

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What is a demand letter?

September 19, 2016

If you’ve received a demand letter, it’s because someone thinks you’ve done something wrong and they’re giving you one last warning before taking legal action. Demand letters are often drafted by […]

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What are my rights for workers’ compensation?

September 14, 2016

A workplace injury can literally change your life overnight. You likely won’t be able to work for the immediate future, or possibly ever again. Your financial and health situations change […]

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Can I still get compensation if I’m partially at fault for my accident?

September 10, 2016

In the State of Indiana, you can make a successful claim even if you are at fault for the accident. Accidents happen to the best of us and, despite our […]

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What are the common causes of spinal cord injuries?

September 5, 2016

There are several ways that the spinal cord can become injured. Certain physical activities—especially dangerous or risky ones—put you at a greater risk for injury. You might have something in […]

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What are the warning signs of nursing home abuse?

August 26, 2016

What is elder abuse? Elder abuse can be defined as an intentional cause of injury, intimidation, confinement, deprivation of service or care, or punishment that results in physical or mental […]

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Could medical malpractice be the cause of my child’s cerebral palsy?

August 25, 2016

When an infant is born with cerebral palsy, it could could have be caused by 2 factors: incidents occurred during pregnancy or by avoidable medical mistakes made by the physician […]

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When should I hire an attorney after an accident?

August 24, 2016

It’s not always necessary to hire an attorney after an auto accident. If you’re settling a relatively routine claim (e.g. fault is evident or there are minor injuries), you can […]

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What should I do if my loved one is being abused?

August 13, 2016

The Centers for Disease Control and Prevention (CDC) defines elder abuse as “an intentional act, or failure to act, by a caregiver or another person in a relationship involving an […]

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Can I be compensated if I require plastic surgery after an accident?

August 14, 2015

If plastic surgery is medically necessary after an accident, then yes, you may be compensated for the surgery like you would any other medical expense. Plastic surgery is generally seen […]

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