Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Motorcycle versus car accidents can be deadly in Indiana

Published on: January 21, 2016 | by Barsumian Armiger

Anytime there is a collision between a car and a motorcycle, there is a greater chance the motorcyclist will be more seriously injured due to the difference in the vehicles. Motorcycle and car accidents that lead to injuries can also lead to civil suits where victims can get the monetary damages they need to move forward after an accident. A recent motorcycle versus car accident in Indiana was so severe, the motorcyclist lost his life.

The accident happened just after noon on a Friday. An 80-year-old man was behind the wheel of a Buick and was in the process of making a left turn. He reportedly drove into the path of a motorcycle that was being operated by a 32-year-old man.

The motorcyclist died from severe head trauma after being transported to an area hospital. The Buick driver was not injured in the crash. Toxicology tests were conducted but police do not think alcohol or drugs played a role in the accident. The investigation into the accident was said to be ongoing.

Wrongful death suit may prove necessary for families

Published on: January 17, 2016 | by Barsumian Armiger

While the death of a loved one is difficult under any circumstances, the loss may be made all the more devastating if it comes about as the result of someone else’s negligence. Despite the emotional upheaval and duress a family may suffer, a wrongful death suit filed in an Indiana civil court may be appropriate. A successfully navigated claim may provide a means of dealing with the economic losses sustained by holding a tortfeasor financially accountable.

There are a number of situations that may justify a wrongful death suit. In addition to fatal car accidents, slip and fall accidents that result in death may also be grounds for a civil claim for damages. A dangerous product, such as a toy that causes a victim to choke, may also fit the criteria necessary to pursue a wrongful death lawsuit in civil court.

The process of pursuing this kind of litigation may provide some sense of closure to surviving families. It may also result in financial redress for monetary damages sustained, which may help pay for outstanding medical bills, funeral and burial expenses. Other applicable damages may relate to the loss of the victim’s income and/or companionship.

Medical Negligence on the Rise in Indiana

Published on: January 13, 2016 | by Barsumian Armiger

According to a recent Evansville Courier and Press story, medical negligence is on the rise in Indiana as reflected by data collected by the Department of Health. According to the Courier story, the most common preventable medical errors were pressure ulcers aka bedsores, followed by incidents of foreign objects left in patients after surgery. And, in spite of growing precautions, a local surgery center even reported three cases of surgery being performed on the wrong body part.

Although some might think a “preventable medical error” automatically equates with a successful medical negligence claim in court, this is not necessarily so. To prevail at trial in a legal case alleging medical negligence in Indiana, the injured patient must first prove through admissible evidence that there was a breach of the standard of care. And, second, the injured patient must prove through admissible evidence that the breach was a substantial contributing factor to the ensuing harm suffered, i.e. the breach is what caused the injuries alleged. Even if a healthcare provider were to admit causing an error, they might vehemently disagree with the nature and extent of damages alleged.

Unlike some States–such as Kentucky–where an individual may immediately file a medical negligence lawsuit in court, an individual pursuing a medical negligence claim in Indiana must generally first proceed by filing a proposed complaint in the Indiana Department of Insurance. Only after a medical review panel (chaired by a non-voting lawyer and three voting physicians) reviews the evidence and issues an opinion on breach and causation may a lawsuit proceed in court. Even once the lawsuit is allowed to proceed, the damages that may be recovered at trial are subjected to Indiana’s statutory cap.

Multi-vehicle car accidents in Indiana can be deadly

Published on: January 8, 2016 | by Barsumian Armiger

A woman has lost her life after being the victim of a multi-vehicle car accident recently. The tragedy occurred when one individual tried to back a trailer onto a driveway. Unfortunately, car accidents of this nature in Indiana are typically devastating — surely for the victims and usually for the surviving families as well.

A 54-year-old was towing a trailer and in the process of backing up into a driveway. The pickup truck with the trailer was in the southbound lane of the roadway. A car driven by a 49-year-old woman came along from the northbound direction. It hit the trailer and then spun around and ended up in the southbound lane. Unfortunately, the headlights of the car were disabled, and a third vehicle collided with her car head-on.

The woman was removed from the vehicle by rescue personnel and taken to a nearby hospital for treatment of injuries suffered in the crash. A short time after arriving at the hospital, she was pronounced dead. The other drivers involved were not injured.