Indiana Injury Lawyer Blog

Attorney Tony Patterson (Parr Richey Obremskey Frandsen & Patterson LLP) Selected to be in 2011 Edition of The Best Lawyers in America

2010-08-24T12:31:45Z

Congratulations to attorney Tony Patterson for being selected by his peers to be included in the 2011 edition of The Best Lawyers in America in the specialty of personal injury litigation. Selection to this list is based on evaluations by other lawyers across the country.

Downtown Indianapolis Crane Collapse Injures 3 and Damages Rathskeller/Athenaeum

2010-08-24T12:17:43Z

Indystar.com is reporting that possibly three people were injured Monday when a crane situated in the beer garden of the downtown Indianapolis restaurant the Rathskeller collapsed damaging the roof of the Rathskeller and part of the Anthenaeum building. The cause of the collapse is currently under investigation. The photo gallery below is courtesy of Indystar.com.

Crane strikes Athenaeum roof - More The Indianapolis Star Galleries

Law.com's "5 Things Every Plaintiffs Attorney Should Know About Tax Law"

2010-08-17T13:15:10Z

Law.com recently posted a short but helpful article regarding tax information relating to plaintiffs. Click this link to read "5 Things Every Plaintiffs Attorney Shiould Know About Tax Law."

Two Dead in LaGrange County (Indiana) Collision

2010-08-16T13:26:10Z

WSBT.com has reported two women have died following a two-car motor vehicle collision occurring this past Friday in rural LaGrange County, Indiana. The car drvien by Shanie Swihart (38) was struck by sixteen-year-old Taylor Miller's car as Miller was attempting to pass a motorcycle at a hillcrest. Kristin Lipscomb (20), a passenger in the car being driven by Swihart, died instantly. Swihart and her two children, who were also passengers in the car, were airlifted to the hospital. The children were treated and released for their injuries. Swihart later passed at the hospital.

Finalists Named for Indiana Supreme Court Vacancy - Indiana Governor Mitch Daniels to Make Appointment

2010-08-02T13:41:24Z

This past Friday, the Indiana Judicial Nominating Commission voted to nominate the three finalists for the Indiana Supreme Court vacancy. Judge Steven H. David (Boone Circuit Court), Judge Robyn L. Moberly (Marion Superior Court) and Karl L. Mulvaney (Indianapolis attorney) have all been nominated as the remaining three finalists.

The Commission will send a report containing evaulations of the finalists to Indiana Governor Mitch Daniels sometime this week. Governor Daniels will then be given 60 days to make his appointment. Good luck to the finalists.

Indiana Lawmakers Change "Move Over" Law and Add "Move It" Law for Indiana Motorists

2010-07-24T21:35:56Z

During the last state legislative session, Indiana lawmakers made a significant change to the already existing "Move Over" law effecting Indiana motorists all throughout the state. The "Move Over" law originally just required Indiana motorists to move over to a non-adjacent lane for stopped emergency vehicles, highway maintenance vehicles and wreckers on multi-lane highways when the designated vehicles were displaying emergency lights, and if that action could not be completed safely then the motorist was required to slow their vehicle as they passed the emergency lights. Under the recent change, Indiana motorists are required to slow their speed down to at least 10 miles per hour under the posted speed limit if they are unable to move their car to a non-adjacent lane to the emergency lights.

Indiana lawmakers have also enacted a new "Move It" law (currently in effect) which requires a person involved in a crash to move the vehicle out of the traveled portion of the roadway, if possible. This new law has faced some criticism for the reason that some believe it is not wise for those involved in a motor vehicle accident to attempt to move their cars, and may end up endangering others in the process.

Discovery Rule Not Intended to Toll Indiana SOL Until Optimal Litigation Conditions are Established

2010-06-14T12:59:41Z

In Rieth-Riley v. Gibson et al., 923 N.E.2d 472 (Ind. Ct. App. 2010), the Indiana Court of Appeals held the trial court erred when it applied the discovery rule to toll the statute of limitations for injury victim to file his amended complaint. The injury victim was involved in a motor vehicle accident and brought suit against the other driver. Through discovery and after the two-year statute of limitations had run, plaintiff found out the driver was working at the time of accident. He then amended his complaint to add the employer arguing the discovery rule tolled the statute of limitations.

]]> In declining to apply the discovery rule and barring the claim against the employer, the court stated “the discovery rule is not intended to toll the limitation period until optimal litigation conditions can be established” and held it declines “to extend the discovery rule to apply to cases like this one where the indeterminate fact is not the existence of an injury, but rather the identity of a tortfeasor.”

Deadly Accident in Downtown Indianapolis Involving Bridal Party Shuttle Bus

2010-06-07T22:44:50Z

Indystar.com is continuing to report on the fatal collision involving a shuttle bus and a Chevrolet Yukon occurring this past weekend in Downtown Indianapolis. The shuttle bus from Mavris Arts and Event Center carrying a bridal party, including Tom Hanley (groom) and Lauren Magee (bride), was struck by a Chevrolet Yukon at the intersection of South Street and Delaware Street. Groomsman, James Douglass, was killed in the collision. Several members of the bridal party traveling in the bus were transported to the hospital for their injuries.

Indiana Discovery Rule Not Intended to Toll SOL Until Optimal Litigation Conditions are Established

2010-06-03T14:33:43Z

In Rieth-Riley v. Gibson et al., 923 N.E.2d 472 (Ind. Ct. App. 2010), the Indiana Court of Appeals held the trial court erred when it applied the discovery rule to toll the statute of limitations for the injury victim to file his amended complaint. The injury victim was involved in a motor vehicle accident and brought suit against the other driver. Through discovery and after the two-year statute of limitations had run, plaintiff found out the driver was working at the time of accident. He then amended his complaint to add the employer arguing the discovery rule tolled the statute of limitations.

21-Year-Old Lebanon, Indiana Woman Killed in Motor Vehicle Accident; Others Injured after Car Crashes into House

2010-05-10T12:44:10Z

IndyStar.com reported that 21-year-old Nikki Labolle (Lebanon, Boone County, Indiana) was killed in a motor vehicle crash occurring in the early morning hours on Saturday. The crash happened at the intersection of Indiana 32 and County Road 900 East. IndyStar.com reports that the driver of the car, Joshua McCraw, failed to stop at a stop sign causing his motor vehicle to impact the bedroom of a nearby house, injuring its residents Bill and Joanne Shoemaker.

For more information and updates on this story visit IndyStar.com.

Do I use my health insurance card to pay for my medical expenses?

2010-05-05T19:41:25Z

Under most circumstances, accident victims who are injured receive medical care as a result of these injuries. When obtaining that medical care, it is recommended that accident victims use all available resources to pay for that medical care. This would include submitting bills to their health insurance company, as well as to their own automobile insurance company if they have medical payments coverage.

It is important to remember that accident victims who receive the medical care are responsible for making sure their bills are paid, even if the treatment was caused by someone else’s fault. If the accident victim obtains a settlement or recovery from the at fault party, the injured victim’s insurance company may be entitled to reimbursement of the medical bills it paid on that person’s behalf. However, it is in the accident victim’s best interests to use all available insurance to pay their bills as they are incurred, including their own health insurance.

My license was suspended at the time of my accident. Can I still bring a claim for my injuries?

2010-05-04T13:22:09Z

If an accident victim was operating a motor vehicle without a valid driver’s license at the time of their motor vehicle accident, they will likely receive a ticket and can be arrested in some circumstances. However, this does not mean they are not entitled to pursue a claim for their injuries.

Under most circumstances, if an injury victim is involved in an accident and suffers injury as a result of someone else’s negligence or fault, they are likely entitled to bring a claim for those injuries, even if they did not have a valid driver’s license at the time of the accident.

Do I need to call the police if I have a car accident?

2010-05-02T22:56:16Z

If someone in Indiana is involved in a car accident, they should call the police as soon as possible so the police can gather information about the parties and how the car accident occurred. In Indiana, accident victims are required to call the police in the event of a car accident. If the police are unable to come to the scene, law enforcement officials should give the accident victims instructions on how to proceed.

How much auto insurance coverage should Indiana drivers carry?

2010-05-01T22:45:38Z

Under Indiana law, every vehicle must carry a minimum of $25,000 liability insurance coverage per person and $50,000 per accident. In addition, auto insurers are required to offer uninsured and underinsured motorists coverage in an amount equal to the liability coverage. It should be noted that these are only the minimum limits that Indiana drivers are required to carry. In many circumstances, these limits do not provide sufficient coverage to compensate accident victims for their damages. Therefore, we recommend Indiana drivers obtain as much liability and uninsured motorist coverage as possible. Indiana motorists should talk to their insurance agent to determine the cost and advantages of higher limits of insurance coverage.

Recent Indiana Supreme Court Ruling Re-emphasizes that Employee's Settlement with Third-Party without Consent of Employer Bars Worker's Compensation Claim

2010-04-18T16:41:48Z

In Smith v. Champion Trucking Company, Inc., No. 93S02-0906-EX-276 (April 15, 2010), in a 5-0 decision, the Indiana Supreme Court held "an employer's worker's compensation liability for an employee's benefits terminates if the employee settles a claim against a third party for the same injury without first obtaining the employer's consent to the settlement." In reaching its holding, the Court relied on what is known as the "absolute bar" provision found in Paragraph 2 of I.C. Section 22-3-2-13.

In Smith, employee truck driver was injured by a third-party motorist. He then received worker's compensation benefits for his medical expenses from his employer. Following his departure from the trucking company, the employee filed an adjustment of his worker's compensation claim to receive benefits from his former employer in the form of additional medical expenses and for a permanent impairment.

Around this time, employee filed a lawsuit against the third-party. His attorney notified the employer of this lawsuit and the employer responded by stating he was entitled to a lien on any settlement proceeds. Employee ultimately settled the third-party lawsuit for $10,342. At that time, employee's lawyer paid the employer back out of the settlement for approximately $3,200 in medical expenses that the employer had paid. Subsequent to this, the employee received a 19% potential permanent impairment rating, which would entitle him to approximately $26,500 in additional worker's compensation benefits to be paid by his former employer.

]]> Indiana's Worker's Compensation Board ruled that the "absolute bar" provision of Indiana Worker's Compensation Act prohibited required the dismissal of employee's adjustment of claim against his employer because he settled with the third-party motorist without receiving the employer's consent. On appeal, the Indiana Court of Appeals reversed this ruling, holding the "absolute bar provision" did not apply because the employee's worker's compensation claim had not been resolved at the time of his settlement and that the employer was aware of the third-party lawsuit making them free to challenge.

On appeal at the Indiana Supreme Court, the employee argued the "absolute bar" provision only applies when the third-party settlement exceeds the "total" worker's compensation claim.

In reaching its holding, the Indiana Supreme Court cited a long line of Indiana cases supporting "the proposition that an employer's worker's compensation liability terminates when the injured employee settles with a third-party tortfeasor without first obtaining the employer's consent."