Indiana Personal Injury Lawyer

Padove has provided Continuing Legal Education presentations on legal ethics, personal injury damages, injury victims evidence, civil litigation, prenuptial and post nuptial agreements in family law, and electronic evidence.

Personal Injury

When people suffer harm due to no fault of their own, they often feel frustrated and helpless. However, a victim injured by another person or entity often can seek compensation for their harm via a negligence claim. To prove that the defendant should be held liable due to their negligence, a personal injury attorney in Indiana must show that the defendant had a duty to conform to a standard of care. Then, the attorney must establish that the defendant breached the duty, and the breach proximately caused actual damages.

Car Accidents

Although car accidents are relatively common, they are usually avoidable and are caused by careless driving. People injured in a car accident can seek recourse for the damages caused by the accident by asserting claims against another driver. For example, they might be able to prove that the driver was drunk, distracted, speeding, or violating a traffic sign or signal. Even if the victim was partly at fault, as long as their fault did not exceed 50 percent, they still can be awarded some damages. Victims often can recover compensation for lost wages, medical bills, future medical treatment, property damage, and pain and suffering.

Truck Accidents

Commercial trucks are substantially larger and heavier than other vehicles, which means that they can cause greater harm in a crash. Truck drivers are required to adhere to the duties imposed by the Indiana Motor Vehicle Code (MVC) and the requirements set forth in the Federal Motor Carrier Safety Administration Regulations (FMCSAR). The MVC and FMCSAR are designed to protect drivers and passengers by stipulating safe driving practices. If a truck driver fails to comply with these obligations and causes a truck accident, an Indiana personal injury attorney can help a victim hold the driver liable. In many cases, the injured person will be able to seek damages not only from the driver but also from the driver’s employer.

Bicycle Accidents

Many people enjoy riding bicycles, but cycling comes with risks. Bicyclists often share the road with motorists who fail to leave adequate space between their vehicles and bicycles or who fail to yield the right of way to bicyclists when required. Bicycles do not provide any protection, and victims injured in bicycle accidents often suffer fractures, hemorrhages, organ damage, and traumatic brain injuries. If you were injured in a bicycle accident, you may be able to recover the same damages that a victim in a car accident can receive., including the cost of any medical treatment that you needed for your injuries. recover damages for lost earnings, loss of earning and pain and suffering as well.

Premises Liability

If a person or company owns a property, they owe a duty to prevent harm to anyone who enters the property. In general, a property owner owes a lawful visitor a duty to maintain the property in a reasonably safe condition and to protect them from foreseeable harm. Common causes of injuries on property include uneven pavement, debris on the floor, broken steps, and inadequate security. If a person is injured on another party’s property, an Indiana personal injury lawyer can help them gather evidence to support a premises liability claim. This often involves showing that the defendant had constructive notice of the dangerous condition, which means that the defendant should have been aware of the condition even if it was not actually aware of it.

Medical Malpractice

People have a right to expect that any treatment rendered by medical professionals will be competent. Not all medical professionals provide care commensurate with their skill and training, however, and their patients can suffer significant harm as a result. For example, a doctor may fail to diagnose a patient in a timely manner or may provide an incorrect diagnosis. Surgical errors are a common cause of patient harm as well, such as providing too much or too little anesthesia or operating on the wrong part of the body. Anyone injured by a medical professional can seek damages in a medical malpractice claim. To recover damages, the injured patient must prove that the care provided deviated from the applicable standard and that the deviation caused the patient’s harm.

Nursing Home Abuse

Nursing homes are entrusted with tending to older loved ones attentively and compassionately. Unfortunately, many nursing homes are understaffed or fail to obtain capable staff, and nursing home residents may suffer harm at the hands of incompetent staff members. Signs of abuse can include dehydration, confusion, bruising, unexplained weight loss, and fearfulness. If your loved one suffered from abuse in a nursing home, you may be able to pursue a claim against the nursing home with the assistance of a personal injury lawyer in Indiana.

Product Liability

Most people use numerous consumer products throughout the day, taking for granted that the products will be safe as well as effective. Unfortunately, some products are not safe for their intended purposes, and they may cause harm to the people using them. If you were injured by a defective product, you may be able to assert a product liability claim against the entities that manufactured or sold the product. To recover damages, you must prove that the product posed a danger that a reasonable person would not have foreseen, and it presented a risk of harm to people who would use the product in an expected manner.

Work Injuries

When people are injured at work, they usually can recover workers’ compensation benefits. These benefits include coverage for medical expenses and a percentage of the wages lost due to the injury. You should make sure to notify your employer as soon as possible, since there are strict timelines with which you must comply to be eligible for benefits. If your accident resulted from the fault of a third party, meanwhile, a personal injury lawyer in Indiana can help you pursue an additional claim against that party.

Family Law

The Indiana Code provides the rules and procedures that govern family law matters, such as divorce actions, petitions for child custody or support, adoptions, paternity and the emancipation of minors. For example, Indiana law provides that the marital property of the spouses must be divided equitably in a divorce. This means that a judge does not need to split the property evenly between the parties, although the presumption is that an equal division is equitable. The state also provides a formula for calculating child support, shaped by the income of each parent and the time that the non-custodial parent spends with the child.

Divorce

In Indiana, a divorce action may be instituted by filing a Petition for Dissolution of Marriage in the county where the person seeking a divorce resides. At least one spouse must have lived in the state for six months prior to the filing of the Petition. A person petitioning for a divorce can request a no-fault divorce by alleging that there has been an irretrievable breakdown of the marriage. Alternatively, they can seek a fault-based divorce, based on a conviction of a felony, impotency, or insanity for two years or more.

Child Custody

When the parents of a child decide to end their relationship, they will need to set up a custody arrangement that is in the best interest of the child. In many cases, this requires legal intervention. In assessing which arrangement of custody will be most beneficial to a child, a court will consider several factors, including the physical and mental health of both parents and the child, as well as which parent has historically provided the primary care for the child. If the child is old enough to make a reasoned decision, the court will consider the child’s preference. In most cases, a court will find that allowing the parents to exercise joint legal and physical custody is in the child’s best interest.

Discuss Your Needs with an Experienced Indiana Attorney

Burton Padove is committed to excellence in advocating for his clients at key crossroads in their lives. From his office in Highland, he represents clients throughout Indiana and in some areas of Illinois. You can contact Mr. Padove at 219-836-2200 or via the form online to schedule a free consultation with a personal injury attorney in Indiana or seek assistance in a family law matter.