How Does Negligence Work in Indiana Personal Injury Suits?

Most injuries are sustained from accidents; nobody wants them to happen, but they come about anyway. Despite the lack of malicious intent, a closer look at the facts is likely to reveal some form of negligence by one or more parties. This carelessness may be used as basis to sue for compensation. So, how does negligence work in Indiana personal injury suits? Four elements must be present for negligence claims to be valid:

Duty

First, the plaintiff will need to establish duty of care. The defendant should have a legal responsibility that should have benefited the plaintiff. For example, a doctor has the duty to care for his patients: he should provide them with competent medical advice and services. Motorists have the duty to follow traffic laws that should benefit fellow commuters and other road users. Employers have the duty to provide a reasonably safe environment for their workers. Owners of commercial establishments have the duty to care for their customers while they are on the premises.

Breach

Once the duty of care has been established, the next step is for the plaintiff to show that there was a breach of this duty. The defendant could have done this with or without full-knowledge. Failure to realize risk from actions or inactions is considered negligence, since a reasonable person in the same situation is expected to realize the fault. For example, a doctor may have failed to warn his patients about the risks involved in medical treatments before proceeding. Patients should be given pertinent information to help them make an intelligent, informed decision. An employer may have been negligent in giving workers proper training, safety gear, and well-maintained equipment.

Damages

The plaintiff must have sustained compensable losses. This could be in the form of a bodily injury which resulted in medical bills or perhaps property damage which will have to be remedied through repairs or replacement. These costly services can be a major financial burden to the plaintiff. It is reasonable to expect them to seek assistance in the form of monetary compensation from the person who has the legal liability. Other types of damages that can merit compensation include lost wages, reduced quality of life, and hardships that fall under the term “pain and suffering.”

Causation

The last step is to link the defendant’s actions to the damages. Before compensation can be awarded, the plaintiff must prove to the court that the injuries suffered were truly caused by the defendant. If a motorist was following too closely and rear-ended the vehicle in front of it, then he or she will be liable for the damage to the car and any injuries to the occupants.

Note that Indiana uses comparative fault in determining the award in a successful suit. If both parties are at-fault, then the final amount will be reduced in proportion to the blame. A plaintiff who is deemed have twenty percent of the fault will only be able to recover eighty percent of the damages. Learn more about this by consulting an Indianapolis injury attorney.

Factors to Consider Before Choosing Surrogacy

Surrogacy is the term that refers to the arrangement where a woman agrees to carry a baby, usually by legal agreement, on behalf of another person or persons. That person or couple will then become the parents of the baby or babies after she has given birth. People may consider surrogacy if pregnancy poses a risk to the life of the mother, when pregnancy is not possible due to medical reasons, or when a single man or a male couple wants to have a baby.

There are, however, several factors to consider before choosing surrogacy: the type of surrogacy you want, screening a surrogate, and the legal aspect.

Which Type of Surrogacy?

There are basically two types of surrogacy to choose from if you decide to use a surrogate:

  • Traditional surrogacy– with this type of surrogacy, the surrogate is the genetic mother of the baby. Sperm from a donor, or the intended father, is used to fertilize the egg through artificial insemination and she would be the biological mother of the child.
  • General surrogacy — this is when sperm from a donor, or the intended father, is used to fertilize an egg from the intended mother in a lab and then the fertilized egg is transferred to the surrogate. In this case, the intended parents can be the biological parents.

Screening a Surrogate

For parents planning surrogacy, there are a few important factors to consider before choosing a surrogate carrier (or becoming a surrogate). A lot of careful thought needs to go into making this choice, because it will affect not only the process, but also the health of the child.

According to the experts the surrogate you choose should be older than twenty-one and should have already given birth in the past. This will increase the likelihood of fecundity and a successful birth.

List all potential surrogates; make a short-list of the few that you feel comfortable with and do background checks on them. The background check of the surrogate should include not only her physical and medical conditions, but also the type of person she is. This is essential if you want the surrogate to remain an important part of your child’s life and want to stay in touch with her.

Medical screening should cover her medical history, including a genetic profile (if she is a traditional surrogate), obstetric history, and blood tests. A clean bill of health, certification that she is able to maintain a healthy pregnancy, negative results from infectious disease checks, and good levels to main pregnancy in blood tests are all signs to look for in a good surrogate. The type of person she is may be gauged by her overall lifestyle, including any history of alcohol and drug abuse.

The Legal Aspect

Surrogacy is a complicated procedure and you will need plenty of guidance along the way. Hire a surrogate agency, an attorney, and perhaps a counselor or therapist to help you and your surrogate to get through the complex process with as little emotional pain as possible for both parties.

How to Fight Back When You’ve Received an Improper Ticket

You might have thought you were following all the rules of the road before you were pulled over. Sometimes, though, you might be pretty sure that you still were, even after being stopped. A police officer is still human, which means they can also make mistakes and serve improper tickets.

Unfortunately, that means you might have received an unfair ticket. So, what can you do about it? Luckily, you’ll have a chance to fight back when you’re given a ticket, especially with lawyers like the Hersem Law traffic ticket attorneys. When you’ve been ticketed unfairly, you may have a chance to get that ticket dropped.

Understand the Risks

Instead of fighting it, though, you may be thinking about just accepting the costs and dealing with the ticket. Ill-advisedly, that could leave you struggling with the penalties of a ticket. The fees alone, for example, might be costly, and you may want to avoid those charges.

Deplorably, the consequences don’t stop at fees. Instead, you’ll also have points on your license, which can affect you in the long-term. These points are added to your license for every ticket for which you’re found guilty. If these points continue to add up, your license might be suspended, leaving you unable to drive and still paying for your tickets and your vehicle.

Get Evidence

Once you’ve decided to fight an unfair ticket, you’ll first need to gather evidence that your ticket should be dismissed. After all, it’s your word against the officer’s, and that doesn’t put you at an advantage. Instead, you’ll need to fight back with evidence that you were not violating any traffic laws.

For example, you might have been pulled over in one area, but your ticket states that you were in a separate area with a lower speed limit. You’ll need to document that, showing that you couldn’t have been in that location at the time. Any evidence that you weren’t breaking these laws should be gathered to help get your ticket dismissed.

Dispute Your Ticket

The next step is to dispute your ticket. To do so, you’ll first need to plead not guilty to the traffic ticket. You’ll simply go to the county clerk’s office and notify them that you choose to plead not guilty.

Once you’ve done that, you’ll be given a date for your day in traffic court. During your date in court, you and your attorney will present your evidence, which may convince them that you’ve received an improper ticket. If your evidence is strong enough, you may have the charges against you dismissed, avoiding the charges.

Get the Right Attorney

Before you get started, though, make sure you have the right traffic ticket lawyer on your side for a successful case. Dealing with a case on your own can be difficult, and you may not have a complete understanding of the laws governing your case. That means a wrong move could leave you with high fees and long-term penalties for your ticket.

Opportunely, you have the chance to fight back with the help of an attorney. They can give you the tools and resources you need to understand your ticket and how to fight back. A traffic ticket can be a serious expense, so when it’s unnecessary, it may be best to fight back.

Keep Austin Roads Safe

Experts estimate that most Austin residents spend about twenty-five minutes to get to work. This makes it imperative for the government as well as the people to take steps to keep Austin roads safe. Some of the common reasons for car accidents include drunk driving, reckless driving, distracted driving, and speeding. This essentially means that most auto accidents could have been avoided if the driver or had been more responsible or paid more attention to the road and traffic.

How Can Citizens Keep Austin Roads Safe?

According to Austin police data sixty percent of fatal car accidents were attributed to driver impairment caused using drugs or alcohol. One third of car crashes involved either a driver without a license or one with a suspended license. Also, while more than half of the fatalities caused by the accidents were drivers and passengers, approximately thirty percent were pedestrians. Thus, when one considers the issue of how to keep Austin roads safe, a multipronged approach is recommended.  

Drivers are responsible for their behavior on the road and must understand how their driving affects passengers and other vehicles. Distracted driving is fast becoming a leading cause for motor accidents. Texting, as well as reading texts, takes the driver’s attention off the road for an average of more than four seconds. This is akin to driving the length of a football field blind! Cell phone use during driving reduces brain functioning considerably. The Texan traffic law states that while it is illegal to text and drive, it is okay to answer calls. However, it is best to put off using your phone, even to answer calls, when you are driving.

Personal responsibility is an important factor when it comes to the steps people can take to keep Austin roads safe. It is vital that drivers do not get behind the wheel when they are impaired by alcohol or drugs. They also need to be calm and have their wits about them. So, if they are angry or upset about something, it is a good idea to take few minutes to calm down before they consider driving. Drivers and passengers must always wear their seat belts while the vehicle is in motion.

Legality is also an important factor regarding accidents and personal injury. The at-fault party should take responsibility for their actions and compensate the injured and an Austin injury attorney can help with that process, from filing a lawsuit to negotiating for the best possible settlement. Keeping irresponsible and impaired drivers off the road is an important factor to keeping Austin roads safe.

How Can the Government Keep Austin Roads Safe?

The government is taking steps to address the growing automobile accidents at certain intersections in the city. This includes the creation of turn-only lanes and the use of plastic pylons that will help drivers avoid making sharp and dangerous turns. In 2014, the Vision Zero task force was created with the aim of reducing traffic deaths by focusing on infrastructure, law enforcement, and education.

Common Mistakes People Make When Getting Divorced

Making the decision to end your marriage is never easy. Once you finally do, you may dread the upcoming divorce process, or feel relieved at the thought of moving forward with your life.

However, getting divorced isn’t as simple as you might think. In an effort to protect themselves from being taken advantage of by their soon-to-be ex, people are known to make serious mistakes that wind up hurting them. Below, we discuss what these most common errors are, and what you can do to prevent yourself from making the same mistakes.

Being Overly Aggressive

In an effort to “one-up” their spouse and/or protect themselves from being taken advantage of by their spouse, many people make the mistake of being overly aggressive during divorce proceedings.

There are many points of contention that must be addressed before your divorce will be finalized, including the distribution of your marital assets, alimony, and child custody or support where applicable.

When one spouse demands that they retain the majority of the marital property, custody of the children, refuses to pay spousal support, and is otherwise unwilling to compromise, things can get even more difficult than they already are.

Refusal to compromise will usually result in your case being sent to the judge, where he or she will then make these decisions on your behalf. The spouse who refused to negotiate will likely find themselves far worse off than they would have if they had worked with their spouse to resolve these issues amicably.

Focusing Too Much on Being Fair

On the other side of the spectrum, spouses who are focused entirely too much on being fair will often find themselves being take advantage of by their ex. It is completely understandable that you would want to retain certain assets and may be willing to pay spousal support to your soon-to-be former spouse when they’ve relied on you financially for a significant portion of your marriage.

However, if your spouse knows that you are willing to give them whatever they ask for to simply get the divorce finalized, you could end up with far less than you are actually entitled to, and regret it later.

What You Can Do to Protect Yourself

It’s easy to end up in either of the aforementioned situations when you’re ready to end your marriage, but you can protect yourself by getting help from a qualified attorney.

You can go over the details of your divorce with your attorney prior to discussing them with your spouse. In fact, it may be well-advised to allow your attorneys to handle your disputes so that you can remain as cordial as possible for the duration of your divorce.

Once you retain a lawyer, you’ll have the opportunity to discuss assets that you are interested in keeping for yourself, whether you’ll need to receive or pay alimony, and what child custody and support would be in the best interests of your children.

From there, your lawyer can work with your spouse’s attorney to come to an agreement that will work for everyone in the family, so that you aren’t at each other’s throats throughout your divorce proceedings.

Get Help from a Rancho Cucamonga Divorce Lawyer

When you want to make sure that you aren’t making the same mistakes we’ve described above but you aren’t sure how to do so, reach out to an experienced divorce attorney in Rancho Cucamonga who can help ensure that you aren’t taken advantage of.

Divorce is difficult enough without adding these mistakes to the mix. You can be sure that your lawyer will always be looking out for your best interests, and that of any children you and your spouse share.

Getting What You Need out of Your No-Fault Claim

You’ve survived a car accident, but you’re now dealing with accident-related injuries. You may even still be in the hospital recovering from the wreck. You know you should file a claim to receive a check from your no-fault insurance company to pay for all the accident-caused expenses you’re dealing with.

You are being handed hospital bills, you are missing time from work, and you don’t even want to think about how your vehicle looks after the crash. Maybe your car has even been totaled. What are you going to do? How are you going to get the most out of your no-fault insurance policy to see that you receive the money you’re owed?

Understanding No-Fault Insurance in New York

Filing a no-fault insurance claim in New York is easy in theory, but it can be much more difficult than people imagine. Even your own insurance company doesn’t always want to pay you what’s fair for your accident and damages.

You may not have to prove that another party was at-fault because you live in a no-fault state, but that doesn’t mean you wouldn’t have to prove other things to your insurer. You will have to prove the extent of your injuries for one thing. You will also have to prove that the medical treatment you received was “reasonable and necessary.”

Why are Insurance Companies So Difficult to Deal With?

Insurers may try to deny part of your claim, suggesting that your injuries aren’t as serious as you’re claiming. They may refuse to pay you for some of your medical bills, by stating that the treatment wasn’t necessary.

The fact of the matter is that insurance companies will do anything they can to lower your claim’s value. They want to keep as much money as they can, so they will try to pay you less.

Hiring a Lawyer to Help With Your No-Fault Claim

Unless you know a lot about no-fault insurance you may want to look into hiring a car accident attorney. Your attorney can assist you greatly in dealing with your insurance company. Your attorney can argue your case, communicate with the insurance company, and keep them from taking advantage of you.

Assistance with Your Claim From an NYC Car Crash Attorney

You might not think it’s necessary to have a lawyer help with a no-fault claim, but it’s not a bad idea to have one. Your attorney will ensure that you are paid for your medical expenses, missed wages, and other benefits your insurance policy provides.

An NYC no-fault auto accident lawyer will also see that you file all paperwork accurately, that your losses are well documented, and that the insurance company treats you fairly.

Does Sacramento Allow DUI Checkpoints?

Have you been caught in a DUI checkpoint? It can be incredibly frustrating when you’ve been ticketed for driving under the influence, but you weren’t actually pulled over because your driving was poor; rather, you were “caught” in a checkpoint.

Sacramento does allow DUI checkpoints, but there are some rules associated with them. If you know more about these rules, you may be able to avoid the checkpoints entirely, or you could fight against a DUI charge.

Fighting a charge may seem intimidating, but there’s often a way to win. If the officers at the checkpoint didn’t follow the law perfectly, you can prove that your rights were violated. Read on for more information on the rules in California pertaining to DUI checkpoints.

The DUI Checkpoint Rules in Sacramento

The following are some of the rules that California law requires those in charge of DUI checkpoints to follow.

  • The checkpoint must be in a reasonable and safe location.
  • The method of stopping drivers (e.g. every third car) must be random.
  • The supervising officers are the ones who can make operating decisions.
  • Reasonable safety precautions must be taken.
  • The time and location of the DUI checkpoint must be in good judgment.
  • The checkpoint must show that it’s an official stopping place.
  • Roadblocks must also be advertised in advance, publicly.

If the DUI checkpoint where you were stopped doesn’t adhere to these rules, then you will have an excellent case if you’re trying to fight against your DUI charge.

Fighting a DUI Charge

If you believe that something was amiss at the DUI checkpoint where you were stopped you could try fighting against your charge. There are ways to keep a drunk driving crime off your record, but you won’t be able to do so if you plead guilty to the crime. Once the charge is on your record it’s there to stay. You will be affected by your charge for life.

Negative Consequences of a Sacramento DUI Conviction

There are many negative effects of receiving a DUI conviction. For starters, the DUI can make it very difficult for you to secure good employment, or you could even lose your job if convicted. Some employers won’t even consider an applicant that has a DUI on their record, or that has any crime on their record.

Your crime could also greatly impact your finances, if you can’t get a job because of the crime on your record. It can also keep you from earning a better wage in the future.

You could also be forced to pay substantial DUI fines, and there are almost certainly license-related fees. Not to mention the cost of an ignition interlock device, which all those who are convicted of a DUI in Sacramento are forced to install in their vehicle, regardless of whether it was a first offense.

Other negative effects of a DUI conviction include:

  • Family life will be affected
  • Embarrassment/humiliation
  • Self-esteem
  • Can impact future sentencing for other crimes

Need Some Help from a DUI Attorney in the Sacramento Area?

Have you been charged with a DUI? Whether you were stopped at a checkpoint or an officer pulled you over, that conviction will change your life. Get help keeping a charge off your record by working with a DUI lawyer in Sacramento.

Strange Laws in Illinois

Every state in the U.S. has laws. It is what keeps peace and harmony in the state. Laws also make people safe. Illinois, like all states, have laws and most of them make sense. There are certain laws in the State of Illinois; however, that just don’t make sense. To learn more about strange laws in Illinois, read on.

In Normal, Illinois, it is Against the Law to Urinate on Street Signs

This law was written after what people call the “beer riot”. It occurred in the early 80’s. According to this law, residents are not allowed to urinate on street signs. There are a few things that make this law crazy. First, it is illegal to urinate on any public street. Second, to urinate on a street sign, it would take a lot of skill. In Champaign, Illinois, it is illegal to urinate in your neighbor’s mouth. This law is beyond bizarre.

In Decatur, Don’t Drive without a Steering Wheel

If you don’t have a steering wheel in your car while driving, you could be arrested. In theory, this law makes sense. However, if you know anything about cars, you know that you couldn’t possibly drive without a steering wheel. Since it would be impossible, this is a pretty strange law.

In Mount Pulaski, Snowball Fights are Sexist

In this town it is illegal for girls to throw snowballs but boys are allowed. This is a pretty sexist law which leads you to believe that it was written decades ago. On a snow day, boys can participate in a snowball fight but girls cannot. There is a good chance that the law isn’t enforced because if a boy hits a girl with a snowball, she should be allowed to throw one back.

In Bloomington, You Cannot Feed the Birds if You Live within a Mile of Downtown Square

This law makes sense in theory. If you feed the birds within a mile of downtown, they will flock to your home looking for more food. This can result is noise and bird droppings being left on people in the square. Since the police aren’t going to search residents’ yards for bird feeders, it is a pretty strange law.

It is Illegal to Hang Anything from Your Rearview Mirror

Most people buy air fresheners to hang from their rearview mirror to keep their cars smelling nice. Others hang their baby’s shoes from the mirror, and some hang big fuzzy dice. If you live in Illinois, you might want to think twice about hanging anything from your mirror because it is illegal. This is an odd law since drivers all over the country hang things from their rearview mirror.

In Galesburg, You Cannot Own a Smelly Dog

Nobody likes a dog that smells. Officials in Galesburg, Illinois hate it so much that they wrote a law that makes it illegal. It is hard to see how this law can be enforced, however. The chances that the police go door to door smelling dogs are slim to none.

You Will be Fined if You Beat a Rat With a Baseball Bat in Galesburg

Most people don’t like rats. However, they wouldn’t go as far as beating them with a baseball bat. If you are sick enough to do this and you live in Galesburg, you can be fined $1,000. It might be cheaper to hire an exterminator.

You Can be Fined for Mispronouncing Joliet

The Town Fathers in Joliet hated when people mispronounced the name of their town. Many people pronounced it, Jolly-Ette. They hated it so much that they made mispronouncing the town’s name a misdemeanor which is punishable by a $5 fine. Talk about being strict. If you do break this law and somehow you are arrested, the lawyers Hipskind & McAninch, LLC can help.

In Kirkland, Bees are Not Allowed to Fly Over the Town or Over the Street

This is a pretty strange law considering it is the bee that would be prosecuted. If a bee does fly in no-fly zones, is it taken to jail? Will it sting the arresting officer first? Is this a crime? This is a really crazy law.

In Moline, it is Illegal to Ice Skate During July or August

This law is insane, because how can one go ice skating in Moline during July and August when these are the hottest months of the year?

 

https://en.wikipedia.org/wiki/List_of_incidents_of_civil_unrest_in_the_United_States

https://en.wikipedia.org/wiki/Bird_feeding

New Mexico Personal Injury Lawsuit Checklist

People who are injured by someone else’s negligence in New Mexico have the opportunity to bring a personal injury case in New Mexico civil courts. However, if you are hurt by a government employee or agency, the situation will need to adhere to different rules that dictate tort claims against government agencies, employees and entities in New Mexico. The following article will explain the key points or rules pertaining to a case of this nature.

The New Mexico tort claims act states that government employees and entities are granted immunity from liability for any tort. However, exceptions do exist and that leads to the next question.

What Does the Act Cover?

According to this tort claims act, it insinuates that government employees and entities cannot be held liable even if they cause harm to a private person or company. However there are several exceptions and it is possible to seek compensation from the government in New Mexico if you are injured as a result of a car accidents whereby the car was driven by a government employee who was carrying out his duties at the time. You may also qualify for compensation if your injuries resulted from dangerous or defective property such as a slip and fall incidents or even a physical attack caused by inefficient security or perhaps even a physical attack by a government employee.

You may also seek compensation for medical malpractice caused by a government employee who was working in the healthcare institution. Negligence claims pertaining to maintenance of public roads and streets or construction including pictures, sidewalks, alleys and parking lots are also allowed. Compensation may also be given for injuries arising from the way of government or any of its employees working at an airport.

Since exceptions do exist for every possible scenario, meaning that there are exceptions to the exceptions, it is advisable that you read over New Mexico’s statutes and also speak to a qualified attorney or personal injury lawyer before pursuing a personal injury claim against the government.

If you believe that you stand a good chance of receiving compensation for your injuries, then your claim must be filed within two years of the date of injury. However, if the injured person is younger than seven years, at the time of injury, that individual has until his or her ninth birthday to file a claim. The rule is that if the claim is not filed within the two-year period, it will not be heard in court.

In cases of damages under the new tort claims act, the government can be expected to pay approximately $200,000 for property damage, $300,000 for past and future medical expenses and $400,000 for damages not resulting from property damage or medical bills.  Ultimately, under the new act, the government will not pay more than $750,000 to any individual for damages in any one claim. Injured parties are also not allowed to seek punitive damages in claims against the New Mexico government. In addition to bringing a lawsuit against the state government, victims of personal injury can also bring claims against the local and municipal government bodies in New Mexico.

https://www.nmcourts.gov/

https://en.wikipedia.org/wiki/Personal_injury

What is the Jones Act?

The Jones Act is a law put into legislation in 1929 and it focuses on regulating issues pertaining to the shipment of goods and people on coastal waterways in the United States. This law also gives rights to seamen (sailors) to seek damages in the event they are injured while at sea or because of their employment on a navigable vessel.

If You’ve Been Injured, You’re Entitled to Benefits

In addition to governing criminal offenses and cargo issues that take place on “vessels,” one of the most important aspects of the Jones Act is that it lays out the seaman’s rights and protects seamen legally in a similar way to workers’ compensation laws.

When a seaman is injured, he or she has a right to file a claim and recover compensation, particularly if negligence was involved in the accident.

The threshold for negligence on a vessel is very low in comparison to other types of injury cases. It’s expected that a vessel be well maintained at all times, as the nature of work aboard a moving vessel is considered dangerous.

The following are some of the types of benefits an injured seaman can receive when a claim is approved:

  • Payment of all related medical expenses and future medical costs
  • Lost income and future lost income
  • Compensation for the pain and suffering of the experience

Maintenance and Cure May Be Able to Help You

Even if you can’t prove negligence under the Jones Act, you can still receive some benefits while you’re recovering from your work-related injuries as a seaman. This is due to maintenance and cure. Your employer is expected to provide you with enough monetary compensation to pay your living expenses and your medical bills.

If You Still Aren’t Sure What to Do after Being Hurt

When you’ve been hurt in an accident and you work aboard a vessel then you have rights under the Jones Act. If you believe that some negligence was involved in your accident then you probably can receive compensation for your injuries and suffering.

For example, if your injury was caused by some equipment that was left in the middle of the deck, causing you to fall and break your leg, then you should be able to prove that negligence was the cause. A few more examples of negligent accidents aboard a vessel are as follows:

  • Grease spills on the deck
  • Poorly maintained equipment
  • Inadequate training of employees
  • Failure to enforce safety procedures

If you believe you’re owed damages for your accident you may consider getting help from maritime injury attorneys Braud & Gallagher. Attorneys will be able to examine your case and help to determine if you are owed compensation for your experience and your injuries.