Indiana Injury Lawyer Blog

Tony Patterson and Pete Obremskey of the Indianapolis and Lebanon Indiana law firm of Parr Richey Obremskey Frandsen and Patterson were again named as Indiana Super Lawyers in the area of personal injury law for 2009. This recognition marks the fifth consecutive year both attorneys have received the designation. Tony Patterson and Pete Obremskey, along with their partner Paul Kruse, represent accident and injury victims across the state of Indiana. A complete listing can be viewed by viewing the Indiana Super Lawyer magazine or in the March edition of Indianapolis Monthly

I have been a personal injury attorney at the law firm Parr Richey Obremskey Frandsen & Patterson for the past 30 years. Insurance companies and their clients have ignored the facts about personal injury litigation and propagate the myth that frivolous claims threaten society. In fact, insurance companies only pay for harm caused by their insured. Claims that have no substance--if they exist--are dismissed by the court or are lost at trial.

I responded to a recent newspaper editorial written under the headline: "Lawyers, spurious lawsuits threaten a potential civic disaster". Too many newspaper editors have fallen prey to the propaganda campaigns of insurance companies who try to poison the perception of the public--and potential jurors in our community--about the impact of litigation on our society. In fact, our homes, cars, products and lives are safer because personal injury lawyers hold manufacuturers and others accountable for their misconduct.

Attached is my entire letter to the Editor for the Lebanon Reporter:

Continue reading "The myth about frivolous lawsuits--what insurance companies don't tell you" »

The recent multiple vehicle, snowstorm accidents on I-69 near Indianapolis that resulted in two deaths and numerous injuries were a somber reminder for one of our clients. The headline story for the Sunday edition of the Indianapolis Star on Feb.15, describing the accounts, closecalls and ironies of some of the 34 drivers and victims involved in the Feb. 3 catastrophic pileup, was even harder to absorb.

On Feb. 14, 2006, Kevin Minglin was returning home from work on southbound I-69 just south of mile marker 8 when he was struck head-on by an oncoming vehicle. The other vehicle had lost control and crossed the center median. Because of recent heavy snow, the center median was packed up to and over the guardrail, permitting the car to "fly" over the guardrail and into the windshield of the Minglin car. Numerous vehicles were involved, and Kevin was killed instantly, leaving behing his wife and 2 teenage girls.

Over the past 2 years, the Minglin women have been forced to move on with their lives, but Kevin remains in their thoughts daily. Although our firm was able to help them secure a settlement with the insurance company that has made them financially secure, their lives have been filled with events that are constant reminders of their loss.

This past Sunday's story moved us to consider again the "what-ifs" that might have prevented Kevin Minglin's death. What if he had left work at his normal time, instead of helping "one more account" to make the customer happy? What if he hadn't called home on his cell phone moments before the collision--would he have been in a different lane or gone a little faster, and been out of harm's way? What if he hadn't slowed to let a car pass him moments before? If the snow hadn't been packed in the median, would the other car have collided with the guardrail instead of going over it?

Snow and speed killed Kevin Minglin, too. He was just in the wrong place at the wrong time. But his family's faith has allowed them to accept that it couldn't have been avoided.

Indiana law requires that each driver be covered with liability insurance in order to operate a car on public roadways. This law requires that insurance to have minimum liability limits of $25,000 per person and $50,000 total damages per accident. Simply put, this requires every driver to have enough insurance to pay any damages they cause up to $25,000 to any one person they injure. While every driver is required to carry insurance, too many drivers have too little or no insurance at all.

While no one can guarantee other drivers on the roadway will have insurance, drivers can protect themselves by purchasing uninsured (UM) and underinsured (UIM) motorist coverage. In fact, every automobile insurance carrier selling policies in Indiana is required to offer UM/UIM coverage in an amount equal to the liability portion of the insurance policies they sell.

UM/UIM coverage acts to protect drivers from uninsured and underinsured drivers by insuring they are protected up to the amount of the UM/UIM coverage they purchase. For example, if you are insured by Allstate Insurance with UM/UIM limits of $100,000, and are hit by a negligent uninsured driver, Allstate is required by law to step in and provide coverage to you and pay any damages you sustain in the accident up to the limits of your $100,000 UM/UIM policy. This would include paying for all of your damages including medical expenses, lost wages, pain, suffering, the loss of enjoyment of life, and any other damages you sustain.

If the negligent driver is insured by Progressive Insurance with liability limits of $25,000 and your damages exceed the $25,000 limits, Progressive would pay the first $25,000 of your damages and Allstate would cover any additional damages you sustained up to your policy limits of $100,000 in total damages.

The law surrounding uninsured and underinsured motorist coverage can be complicated. However, purchasing significant UM/UIM coverage can provide substantial financial protection for you and your family.

In Newkirk v. Bethlehem Woods Nursing and Rehab. Center, LLC., the Indiana Supreme Court held that a wrongful death claim for an adult by a personal representative based on medical malpractice, which is subject to Indiana's Professional Services Statute ("PSS"), must comply with PSS's statute of limitations and be brought within (2) two years of the malpractice, not within (2) two years of the person's death.

In Newkirk, a woman was recovering from surgery at Bethlehem Woods Nursing and Rehab Center. As a result of Bethlehem's medical negligence, the woman died while at their facility. Her estate brought a action for wrongful death within two years of her death, but more than two years after the medical negligence occurred. Bethlehem filed a motion for summary judgment arguing that her estate was barred from bringing the claim as they had not brought it within two years of the alleged malpractice. The trial court agreed and granted the motion.

On appeal, the Indiana Court of Appeals reversed argreeing with the trial court that the estate's claim arose under the PSS, but finding that the claim was timely filed under the Wrongful Death Act. The Indiana Supreme Court vacated the Indiana Court of Appeals decision and affirmed the trial court's grant of summary judgment for the defendant.

See Newkirk v. Bethlehem Woods Nursing and Rehab. Center, LLC, 898 N.E.2d 299 (Ind. 2008).

When accident victims receive medical payments coverage from their own auto insurance policy to pay their medical bills, the auto insurance carrier is usually entitled to assert a contractual lien against the insured’s third party recovery. Under Indiana lien reductions statutes, plaintiffs can reduce med-pay liens by a pro-rata share of expenses and attorney fees. IND. CODE § 34-53-1-2. Under the Comparative Fault Act, Plaintiffs are also able to reduce med-pay liens by the same proportion that the plaintiff’s recovery was reduced by comparative fault or limited liability insurance. IND. CODE § 34-51-2-19. These statutory reductions can result in considerable reductions to med-pay liens and can help maximize the plaintiff’s net settlement by reducing his or her reimbursement obligations.

In an effort to circumvent their insured’s statutory lien reduction rights, some aggressive med-pay lien holders attempt to collect reimbursement of one hundred percent of their liens directly from the negligent third party’s insurance carrier. These overt attempts to bypass the lien holder’s insured are not permissible. As recognized by the Indiana Supreme Court in Erie v. George, 681 N.E.2d 183 (Ind. 1997), a med-pay carrier’s contractual claim for reimbursement does not allow it to assert a direct claim against the third party in the absence of permission from the plaintiff. For this reason, plaintiff’s counsel should challenge any attempts by med-pay lien holders for reimbursement directly from third party carriers. Failure to do so can lead to a smaller net settlement for the plaintiff.

by Tony Patterson

An Indianapolis fourth grader at Spring Mill Elementary school was killed last week after being struck by a bus. The child, Christopher Beltz, was hit after he was dropped off a bus and then reportedly ran into the path of another. Indianapolis police are currently investigating the incident.

As a father of two elementary school aged children, reports like this hit very close to home. Last year, I published an article regarding school bus safety which seems particularly relevant given last week's tragedy. Below is the article which contains useful information for kids, parents and motorists.

Continue reading "Indianapolis Fourth Grader Killed After Being Hit By Bus" »

A southern Indiana bicycle rider who suffered serious injuries as a result of being hit by a motorist received some justice this week when the motorist plead guilty to attempted murder. The conviction arose out of a July 27, 2006 incident in New Washington Indiana when Justin Keith Simpson attempted to run over and kill the bicyclist Eric May. While May fortunately survived the crash, he reportedly suffered a head injury, and severe lacerations to his leg which may result in amputation.

According to the Clark County Prosecutor Jeremy Mull, the court has discretion as to Simpson's sentence, but the minimum recommended sentence for class A felonies in Indiana is 20 years in prison. The sentencing hearing is set for March 2, 2009.

In addition to the criminal prosecution, Simpson could face a civil lawsuit for injuries suffered by May in the bicycle/car accident. Under Indiana law, crime victims can sue the criminal for injuries they sustain, including damages for medical expenses, lost wages, pain, suffering and the loss of the enjoyment of life. While victims can sue criminals for damages, collecting damages for injuries arising out of criminal acts can prove difficult as most car insurance policies do not cover damages which their insured intentionally caused.

White-out conditions along Interstate 69 caused a 28 car pileup today killing at least 2 people and injuring at least 11 more. More than 30 miles of I-69 was closed following the wreck near Fishers, Indiana, until it was opened up around 4 p.m. today. The pileup occurred during the early morning commute and was described by some responders as the worst accident scene they had ever seen. For more information, follow the link below to theindychannel.com.

http://www.theindychannel.com/weather/18627461/detail.html

Most people have heard of punitive damages in accident and injury cases, but these damages are often misunderstood. Under Indiana law, personal injury victims can generally seek two types of damages. The first and most common type of damages sought are known as compensatory damages. The second and rarely obtained type of damages are punitive damages. The two types of damages are different in that they are used to accomplish different ends.

Continue reading "Punitive Damages-what are they?" »