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Personal Injury Primer

17 Episodes

3 minutes | 7 days ago
Ep 86 – Loss in Property Value from Contamination
Loss in Property Value from Contamination https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-086-Damages-Due-to-Contamination-of-Property.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a listener who asks “our neighbor sprayed weed killer on his property and it drifted onto our property killing acres of vegetation and sickening our entire family as well as our purebred show dogs, how do we calculate the damages we are entitled to recover under the law for such a case?” A property can lose its value if the property somehow suffers contamination. People and animals, in addition to vegetation, can be harmed. Let’s first address property damage. As to property damage … where the property is repairable or restorable, damages may be proved: (a) by proof of the difference between the fair market value thereof immediately before and immediately after the traumatic event, or at the election of the damaged party, damages may be proved .. . (b) by showing the cost to repair or restore the property, accompanied by proof (1)  of the actual physical damage to the property sustained as a result of the traumatic event, (2)  showing proof that the cost to repair such damage was reasonable, and (3)  showing that repair costs bear a reasonable relationship to the difference between the fair market value of the property just before and just after the traumatic event, In addition to damages to the land, the damaged party is entitled to recover for past and future (prospective) loss of use caused by a wrongdoer. Let’s now take a look at nuisance damages: Where property is damaged as a result of a temporary nuisance and the property remains occupied by the owner, reduction in value of the use of the property during the time the nuisance continues is the proper measure of damages. Nuisance damages also includes recovery for the inconvenience, annoyance and discomfort caused by the nuisance.  These are personal losses and they are recoverable in additions to loss of use of property as measured in the reduction of rental value. A damaged party can also recover for any injury to health or other personal injury sustained, and can recover for medical care expenses supported by appropriate medical evidence. Depending on the case there may be other damages. For example, if exposure to a chemical is known to cause cancer 20 years after exposure, then the cost to have medical checkups ever year into the future can be recovered as an element of damage. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.  The post Ep 86 – Loss in Property Value from Contamination first appeared on Personal Injury Primer.
4 minutes | 14 days ago
Ep 85 – Home Owner Insurance Policy Coverage Traps
Home Owner Insurance Policy Coverage Issues https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-085-Home-Owner-Insurance-Policy-Language.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who asked “we had a sewer back up and I thought we had full coverage on our homeowner’s policy, but the insurance company says no, and is denying the claim, how can we in the future avoid the traps insurance companies set?” The caller is definitely right, homeowner insurance policies often contain little traps that can affect your coverage BIG TIME if you’re not careful. In the callers case, there was water damage coverage for a natural occurrence, like too much rain, but the sewer backup was due to the homeowners failure to repair a drain that they knew about for years and was due to lack of home maintenance and was excluded. In a way this makes sense, most insurance companies won’t let you insure you house for water damage, and then open all the windows in a rain storm, and expect the company to buy you all new furniture under the insurance policy. Expecting you to protect your own property is not really an insurance trap though. So, what do we mean by a trap? A common trap (an unexpected provision in a policy) pops up to bite, when people leave their property vacant for an extended period of time. For example, if you own a home here in Indiana, and you go to Florida for four months, your home is vacant for a ¼ of a year. If you have a clause in your insurance coverage that excludes coverage for damage if the house is left vacant for more than thirty days, and you didn’t know about that clause, you will be very upset if your claim for storm damage is denied. There are ways to pay additional premiums to make sure your house is covered during that time period that it might be vacant, and some policies don’t even have the exclusion. But it is worth checking your policy because you certainly don’t want to have a fire loss or other damage that is not covered simply because you took an extended vacation to Arizona and left your home unoccupied. Other traps can bite if you lack an understanding of whether your policy covers claims made, or occurrences. An occurrence policy covers claims resulting from an event that occurs during the policy term. Coverage depends on the timing of the event. A claims-made policy covers claims that are made during the policy period. In this type of policy, coverage depends on the timing of the claim. So, everyone, check your policies please. Read the policy. Ask your agent to explain the policy to you. Make sure you have the kind of coverage that you need. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 85 – Home Owner Insurance Policy Coverage Traps first appeared on Personal Injury Primer.
5 minutes | 21 days ago
Ep 84 – Avoiding Contaminated Medical Products and Supplements
Contaminated Medical Products and Supplements https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-084-Avoiding-Contaminated-Medication-and-Supplements.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes a caller who asks “my brother received pain medicine injections in his spine that were mixed by a company that did not comply with FDA guidelines and the meds were contaminated, he is now very ill, is there anything he could have done to avoid the predicament he is now facing?” This is a timely question and applies to prescribed medications as well as over the counter supplements, both of which can be contaminated. We have represented individuals in the past who have been the recipients of contaminated injections  manufactured by a compounding company that was not keeping up with hygiene and proper safety precautions. Also, we have had people get sick after taking less than pure natural remedy supplements. Injecting or consuming a contaminated substance is horrific. Keep in mind that the caller’s brother simply went to a doctor to get help with a pre-existing condition, only to be injected with medications that are contaminated. Common factors we discovered in such cases are helpful to know. A first point is that certain types of organizations are regulated by the FDA (short for Food and Drug Administration) and other types of manufacturers may not be regulated, or are only state regulated. Big pharmaceutical companies are definitely regulated by the FDA, but little pharmacists who take individually approved drug components and mix them together and sell them as a liquid for injection or for putting into an IV, may well be exempt from FDA regulation. So, if you or your family members are at a doctor’s office and are going to receive an injection or medication, ask the doctor to document for you that the proposed injection comes from a reputable company regulated by the Food and Drug Administration. If your doctor is going to give you an injection ask, Doctor, where is this product coming from? It is my right as a patient to know where this medication was made and I want to be sure this is coming from a reputable company regulated by the FDA. Second, make sure the doctor is not financially gaining by selling the product to you. In some contamination cases we find that the doctor giving injections mixed at a fly by night unregulated facility were financially profiting by selling the product. This is not ethical. But we know people sometimes do unethical things. We a currently handling a case where a surgeon was given gifts of trips to vacation spas to encourage use of a particular brand of prosthetic. The surgeon liked the gifts, and started doing unnecessary surgeries to earn the rewards. This sounds bad, but 95% of doctors would never do such a thing. Still, asking questions, in a polite way, and be fully informed. Like anything, there are discount suppliers out there that market drug related products that do not comply with safety regulations. Some are in the USA, and some come from foreign nations. And, it is not just prescribed medicine, as we noted, over the counter supplements can be contaminated too. So be very careful. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 84 – Avoiding Contaminated Medical Products and Supplements first appeared on Personal Injury Primer.
4 minutes | a month ago
Ep 83 – Boating Safety Issues
Boating Safety Issues https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-083-Boat-Accident-Prevention.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who said “my daughter was on a boat on a smaller inland lake when another boat pulling a person on water skis ran into them and my daughter was seriously injured, what are our legal rights?” Boating accidents are common in Indiana in the summer months. Not long ago we settled a case for a gentleman who was seriously injured in a boating accident on lake Michigan when the boat operator took a small boat out into the lake instead of keeping the small boat in the harbor, and a large wave tossed the occupants out of their seats and onto the decking. We have also provided legal counsel to persons whose family members were killed in boating accidents. Just like there are rules of the road that govern land motor vehicle operation, there are safety rules that, when followed, will eliminate boating accidents of the type noted above, and save lives and prevent injury. These rules of safe operation are set out in the statutes and regulations in Indiana covering boat operations. Most important are that: -A person operating a boat shall operate the boat in a careful and prudent manner, having due regard for the following: (1) the rights, safety, and property of other persons. (2) The conditions and hazards, actual and potential, then existing, including weather and density of traffic. (3) Possible injury to the person or property of other persons. IC 14-15-3-3 -A person may not operate a boat at a rate of speed greater than: (1) is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic; or (2) will permit the person, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead. IC 14-15-3-7 In addition, boat operators must: -Keep a proper lookout for and identify dangerous water conditions, -Watch for signs of weather change to avoid being caught in foul weather and rough seas, -Adjust course or slow speed to avoid injury to passengers posed by rough water conditions, and -Warn occupants in advance of wave or wake dangers that cannot be avoided. Under the circumstances described by the caller, her daughter suffered injury at a minimum because the ski boat operator did not keep a lookout, and was operating at a high rate of speed. Upon investigating further, the police confirmed that the ski boat operator was intoxicated. Operating a boat while intoxicated constitutes clear evidence of recklessness. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.  The post Ep 83 – Boating Safety Issues first appeared on Personal Injury Primer.
4 minutes | a month ago
Ep 82 – Farm Machinery Roadway Accidents
Farm Machinery Roadway Accidents https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-082-Farm-Machinery-Road-Accidents.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who asks “my son was working for a farmer and was driving a farm tractor and wagon down the highway when a truck rear-ended him, he got thrown off and fractured both legs, what are his legal options?” In Indiana, there’s a big need for agricultural equipment to be moving up and down the highways during the agricultural season. Consequently, this is a call subject we have had to assist people with many times. Tractors, and harvesting combines, as well as other slow-moving vehicles pose a special challenge for motorists. Drivers often forget that it is a driver’s responsibility to slow down and pay attention to these items of equipment that are being moved down a roadway. Exercising caution, keeping a lookout, and slowing down are the key ways motorists can avoid a crash like the caller described. Most farm equipment tends to move at around 25 miles per hour, at most. Often farm equipment is marked with a triangular slow-moving vehicle sign, or flashing lights. You’ll see signs and lights on wagons and other agricultural items that are moving about on the highways. Even though safety requires that agricultural vehicles be approached with caution, as mentioned,  we have had a number of situations where cars, trucks, and semi-tractor trailer units, have actually run into tractors and have caused serious injuries to those operating the agricultural equipment like the caller’s son. Even though the caller’s son did nothing wrong, he was on a road that some would label as a scenic route, with hills and sharp turns and where a vehicle moving too fast topped a steep hill and ran up too quickly on the slow-moving tractor just over the hill. By the time the tractor was observed, it was too late to stop. Of course, the tractor and wagon had the right-of-way and the law is against the driver that failed to yield. The negligent driver can be held liable for violating traffic laws. We would also advise the caller that her son might also have a work injury claim under worker’s compensation laws, but this is not a clear-cut issue. In Indiana, and likely in many other states, farm laborers may not qualify under the law for workers compensation, given a special carve out under the law. And, lastly, if the vehicle that struck her son was a farm truck, it may be exempt from insurance requirements. Some grain hauling trucks that are on the roadway limited times of the year are not required to carry anything over minimal limits of vehicle insurance. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 82 - Farm Machinery Roadway Accidents first appeared on Personal Injury Primer.
5 minutes | a month ago
Ep 81 – How Does Mediation Differ from an Arbitration?
Mediation Differs from Arbitration https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-081-How-does-mediation-differ-from-an-arbitration.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who says “we listened to your last podcast, it talked about arbitration, how do arbitration and mediation differ?” As mentioned in the last podcast, arbitration is an adjudicative process. The arbitrator actually decides the dispute. A mediation is quite different. A mediator acts as a go-between or middleman to help the parties discuss settlement and assist them in resolving their dispute. So, in an arbitration you present evidence to the arbitrators and they decide the dispute just as if they were acting as a judge or jury. Arbitrators are decision-makers and they decide who wins and who loses. A mediator is a neutral. A mediator decides nothing about your case. The mediator cannot determine who wins or who loses. A mediator is prohibited from sharing confidential information that you provide to them about the case with anyone. A mediator cannot call up the judge and report about the case. A mediator cannot share your confidential info with the opposing party without your permission. The mediator functions as a go between for the parties. A good mediator might share their own thoughts about a particular claim, if asked, however they generally keep their opinions to themselves. A mediator can assist however, when they can ask questions to a party to help that party see a potential weakness with their argument or their evidence. In other words, a mediator might say “well I understand your position, but do you think your position will convince a jury if the jury were to hear the case and consider your evidence in light of all the potential opposing evidence? As a neutral, a mediator cannot be compelled to testify in a court case about anything you tell them during the process of the mediation. Typically, in a mediation, the opposing parties meet in an opening session and discuss their general view of the case with the other side. After that the opposing parties retire to their separate rooms, and the mediator will go from room to room and spend time with the separate parties discussing the case and carrying offers and counter offers back and forth between the parties. Mediations can often result in a settlement of a case. Sometimes it just takes bringing everyone’s attention to a particular matter and gathering them together to discuss the case all at the same time. Sometimes the mediation helps encourage the parties to settle because the mediator  causes each party to think seriously about their position, and assess the merit in compromising. The mediator can sometimes bring the sides together when they otherwise may be reluctant to close the gap between their positions by pointing out that there is no sure thing once you enter the courtroom. Good mediators usually are experienced litigators. They know the ins and outs of the court room. They know when a position taken is weak and will not prevail in the courtroom. Conversely, they know when a position is supported by compelling evidence and will convince a judge or jury. Sometimes when parties in the litigation get too caught up in the litigation process, it’s difficult for them to see the strengths and weaknesses of their own positions. The good mediator helps them analyze their positions. A successful mediation can help the parties come together and resolve their dispute before they have to present the case to a jury and expend all of the costs associated with bringing witnesses into the courtroom. In short, arbitrators decide cases. Mediators are neutrals, and they decide nothing. Mediators work to bring the parties together to arrive at a mutually agreeable settlement. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 81 - How Does Mediation Differ from an Arbitration? first appeared on Personal Injury Primer.
6 minutes | 2 months ago
Ep 80 – The Dangers of Arbitration
Arbitration Clauses https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-080-The-Dangers-of-Arbitration.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who asks “I don’t understand what arbitration is but, whenever I sign contract documents for web services or contracts for other services, there typically is an arbitration clause in the agreement, what does arbitration mean? Arbitration is a dispute resolution process. Arbitration is distinguishable from other forms of adjudication and the main distinguishing characteristic is that it is a private system of dispute resolution. By private I mean the parties pay for it. In the courtroom, under the Constitution, everyone is entitled to a trial by jury. That means a jury of your peers can decide the facts of a case and decide what the verdict should be in any given situation. As I said, the Constitutional right to a jury applies to both civil and criminal matters. The entire court system is open to the public. We the people pay for the system. Arbitration is a private dispute resolution procedure that avoids a jury trial and avoids standard court proceedings. So, if you agree in a contract to arbitration you are basically giving up your right to a trial by jury of your peers. And you’re also often agreeing to pay for the dispute resolution system that you have just signed up for, if a dispute develops over the performance of the agreement. There are many substantial adverse consequences to agreeing to do this. If your case were to proceed in court there is very little cost associated with the preceding, other than paying for a filing fee, that can range from between $150-$500. Of course, if you have to pay experts to testify in court, such as a doctor or an engineering expert, there is a cost associated with presenting evidence in a jury trial setting. But the cost is nominal compared to the cost of arbitration. When you agree to arbitration, the procedure is far more costly. What generally happens is, if a dispute has to be resolved, the parties hire and pay for professional arbitrators to decide the dispute. In a typical situation the plaintiff side of the litigation selects one arbitrator, the defendant side of litigation selects another arbitrator, and the two of them get together and decide on a third arbitrator. Each arbitrator is a layer of expense. The parties generally agree to split the cost of arbitration. Arbitrator fees can range from a nominal amount, to more than $5000 per hour depending on the complexity of the issue. So quite literally, after spending two- or three-days presenting evidence to the arbitrators, each party may owe tens of thousands of dollars in fees to the arbitrators. So why do you think companies push arbitration into contracts? Well, it cuts down completely on disputes. If you’ve got a small dispute that’s worth $50, how could you possibly take the company to arbitration and spend $10,000 getting someone to decide who is right. So, these arbitration provisions basically prevent people from going to the public court system which permits a jury trial. Then it becomes too costly to fight over important grievances of a nominal dollar amount. The consumer ends up giving up, and the company gets rich. Unfortunately, our courts have decided that in most cases arbitration is legal (as long as the consumer willingly agrees to it) and the courts have approved the process. Companies like this because without arbitration they can be hauled into court on class action cases, where small claims are aggregated against them. A company which has cheated a million people out of $50 would never be able to get away with it if there were no arbitration provision, because in court the million people who were swindled could all join together and present a case to a jury as a class action, and very cost-effectively obtain a fair resolution of a claim against the company. So that’s why you see arbitration provisions in most contracts these days. If you can at all avoid it, you should decline to execute a contract that contains an arbitration provision. Most companies will not do business with you though, if you don’t sign a contract with such a provision. So, you’re stuck with deciding to not buy the product, or submit to a costly and possibly unfair arbitration procedure. If you can’t avoid an arbitration provision altogether, then it makes sense to see if that provision can be modified so that the entire cost of the arbitration has to be paid by either the defendant company, or the winner of the arbitration. That can save you some cost if you decide to take the company to arbitration, but you better be sure that you win. If you don’t, and the company wins, you could have to pay the company’s entire cost of arbitration in addition to your entire cost of arbitration, and end up owing hundreds of thousands of dollars. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 80 – The Dangers of Arbitration first appeared on Personal Injury Primer.
5 minutes | 2 months ago
Ep 79 – Tolling Statute of Limitations Due to Emergency
Tolling Statute of Limitations https://personalinjuryprimer.com/wp-content/uploads/2020/09/Podcast-079-Tolling-Statute-of-Limitations.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who said “I hear that all of the courts are shutting down for weeks, if not for months, due to an emergency, what does this mean for me, I have a case that needs to be filed because I think the statute of limitations is running next week?” This is a common question and the answer is not simple. When a hurricane or other weather or emergency event disrupts normal court operations, it can result in courts closing. Courts can close on their own by an order of court. Or a governor might issue an edict or emergency declaration that closed government offices including the courts. Does a governor have the ability to issue an emergency declaration that says that a statute of limitations will not be enforced? Maybe yes, maybe no. A statute of limitations is something that is a creature of a legislative body. A defendant who is sued after the statute of limitations expires, might argue to a court that the governor has no authority whatsoever to extend a deadline for filing a lawsuit, only a legislature can do that. Could a governor order a legislature to pass a law, or extend a deadline? No. The safest bet is to look to ordinary court rules. For example, in Indiana, ordinary court rules called the trial rules say that if your statute deadline ends on a weekend or a holiday when the court is closed, that the statute deadline is suspended or tolled, until the next day that the court is open. So, if the time to sue expires on Memorial Day, and the Courts are closed, then you have until the next day to file. But, what happens if some courts are open and other courts are closed, and you could file suit in an open court? Confusing right? The rule focuses on a court closure due to a recognized non business day or a holiday, and not the whims of any given judge. If there is an extended closure of government offices, it’s quite possible that if that statutory deadline passes and the case isn’t filed in a timely fashion a court could entertain a motion to dismiss a lawsuit based on the fact that the case wasn’t filed in a timely manner arguing that the closure wasn’t due to a normal weekend or an official holiday. Most attorneys will say that the best response, if a client comes in with a statute expiring during an emergency closure, would be to file the case promptly via a court’s electronic filing system if the e-filing system is open. Since cases can be filed electronically nowadays, and since the courts themselves can be closed while the electronic system that allows you to file pleadings and other papers with the court, remains open, this might work. So to answer the caller’s question, the best practice would be to get in to see an attorney as quickly as possible before the statutory deadline expires and work with that attorney to see if your case can be filed electronically before the deadline expires, and fall back on immediately filing once the courts are again open if there is no electronic means of filing. Such an approach would eliminate most potential problems. If you’re in a situation where the courts are closed for months, whether for emergencies such as hurricanes or the like, or for quarantines and pandemics, you need to contact an attorney and find out what can be done to assist you to get your case on file in a timely manner. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 79 - Tolling Statute of Limitations Due to Emergency first appeared on Personal Injury Primer.
4 minutes | 2 months ago
Ep 78 – Failure to Protect Persons Who Cannot Protect Themselves
Failure to Protect Persons Who Cannot Protect Themselves https://personalinjuryprimer.com/wp-content/uploads/2020/07/Podcast-078-Failure-to-Protect-People-Who-Cannot-Help-Themselves-DWH.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who said “Mom has struggled with mental illness but is fine with meds, but she became extremely paranoid when she missed her medication doses, so we took her to a care facility, they were supposed to immobilize her per doctor’s orders, but they didn’t and she was disoriented and fell and broke her hip, what are our legal options?” Our first reaction is: what a tragic situation. Obviously, the family wanted and needed medical help, and they sought help, and probably went home after they got Mom admitted and felt relieved, only to get a call and learn that proper care was not given. In general, under the law a duty of care may arise from a special relation between the actor and the other which gives to the other a right of protection. For example, when a mental health professional takes charge of a person known to be incapacitated and in need of protection, the professional has a duty to protect. Indeed, if a person is known to be at risk of self-harm, or unsteady and prone to fall and not able to think clearly, the duty to protect them is breached when the mental health professional fails to protect. This kind of scenario plays itself out quite frequently. In Indiana a 72-hour hold is nearly always automatic if a patient has been found to be at risk to themselves. But mental health professionals, including psychiatrists and psychologists make mistakes. When they do, they can be held accountable and made to answer in a civil court for harm they let happen on their watch. Many times, we have represented family members who worked to get a relative into a 72 hour hold only to have the health care system make mistakes putting their loved ones at risk. One case that comes to mind involved a person who was held expressly due to suicide threats and was to be on 24-hour watch, but the facility failed to watch the person as required, and the person whose family did everything to protect them, was permitted to end their own life. A second case involved a case much like the caller where the family brought an elderly patient in due to paranoid adverse reaction to medications, and person was to be restrained because they would wander off, but the facility failed to restrain the patient and they were severely injured trying to escape the care facility. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for TruthThe post Ep 78 - Failure to Protect Persons Who Cannot Protect Themselves first appeared on Personal Injury Primer.
5 minutes | 2 months ago
Ep 77 – New Insurance Company Scam
New Insurance Company Scam https://personalinjuryprimer.com/wp-content/uploads/2020/07/Podcast-077-New-Insurance-Company-Scam.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a person who called to say her brother was in an auto accident few days ago, and a day after he left the ER the other driver’s insurance company called and offered him $4,000, plus agreed to pay double that in medical bills, if the bills were submitted within 60 days, and all he had to do was sign a release, this all made the caller suspicious and she decided to call an attorney to get some answers. This caller is very perceptive and quite right to be suspicious. Whenever an insurance company wants to give you something in exchange for a release, you can bet your last dollar that it is doing it solely for its own financial gain and benefit, not yours. Think about what the insurance companies accomplishes if it gets an injury victim to sign a release based on the type of offer made to this caller’s brother. First, it is closing out any potential for a lawsuit within 60 days. The law provides that a party can sue for up to two years in most cases for injuries they have received in a crash or similar circumstance. Why does the law allow for two years? Well, very often it’s difficult to determine the extent of a medical injury within a short period of time like 60 days. For example, in many auto crashes, it takes a couple of weeks to get an appointment with a family physician. Then once you see that physician, a few more weeks passes before you can get into have an x-ray or MRI image taken. Then you have to go back to the doctor again to have the doctor consult with you and review the screening images to determine treatment protocols. Before you know it, within a very short time you could be beyond that 60-day time window, and not have a good handle at all on how seriously injured you might be. Second, by entering such an agreement you cap the amount of money you can ever recover from the insurance company and defendant driver. That again is to the insurance company’s benefit. For example, in the typical case the amount of money that you can recover for an injury is limited only by what a jury might decide after hearing all of the evidence about your medical condition. Why would an insurance company want to put a cap or limit on its liability? Easy answer, because it’s job is to make the most money for the shareholders of the company and to preserve company assets. Any number of things can go wrong during what may seem like routine medical treatment. A person can develop a life-threatening blood clot for example, that leads to potential serious injury or death. Sometimes a surgical procedure might at first appear to be a success, but later we find that something about the surgery did not go right. The other day, for example, a woman called after having back surgery soon after an injury that seemed to be a success, but a short two months later, the hardware implanted near her spine broke and screws came loose, and a new surgery, well beyond 60 days after the crash, had to be performed. Bottomline, you can bet that the insurance company is not doing you any favors when it tries to get you to sign a release and severely limit the damages that it might be required to pay out on a claim. If they make such a proposal to you it is always smart to consult an attorney. Most lawyers will be happy to speak with you for free. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 77 - New Insurance Company Scam first appeared on Personal Injury Primer.
3 minutes | 6 months ago
Ep 61 – Indiana Motorcycle Laws
Indiana Motorcycle Laws https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-061-Indiana-Motorcycle-Laws.mp3 I’m David Holub, an attorney concentrating on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from listener whose husband was seriously hurt in a motorcycle crash. She asks “a lady pulled out in front of my husband’s motorcycle, it is clearly her fault, but he didn’t have his helmet on, can we still sue? “ Each state has different laws regulating the operation of motorcycles, and a conscientious motorcyclist will consider these differences when traveling over state lines. The American Motorcyclist Association has a useful tool that allows people to search motorcycle laws by each state: http://www.americanmotorcyclist.com/Rights/State-Laws.aspx In Indiana, motorcyclists are not required to wear safety helmets if they are 18 years old or older. However, safety helmets as well as protective glasses, goggles, or face shield are required to be worn by motorcyclists under the age of 18. See Ind. Code 9-19-7-1. Although safety helmets are an important part of protective gear and should be worn, the legal significance of Indiana’s law means that in most circumstances, if an adult motorcyclist who is not wearing a helmet is injured in an accident with another motor vehicle, the motorcyclist not wearing a helmet cannot be shown to be comparatively at fault merely because he or she was not wearing a helmet. That said we have represented many motorcycle accident victims and their families. It is not a scientific study, BUT the injuries are less severe if the riders are wearing helmets. I know wearing a helmet is inconvenient and confining. But, if you think about the people who may have to suffer through the consequences of you getting injured, would you want them to have to deal with you and minor injuries, or you and catastrophic injuries? I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 61 - Indiana Motorcycle Laws first appeared on Personal Injury Primer.
3 minutes | 6 months ago
Ep 60 – Pools and Ponds Can Be Attractive Nuisances
Pools and Ponds Can Be Attractive Nuisances https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-060-Pools-Can-Be-Attractive-Nuisance.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a listener who would like to know if he can sue a neighbor who has a pool in which his child was injured. The short answer is that it depends on the specific facts surrounding the incident. In Indiana, a property owner can be held liable for injuries a child may suffer if the child is attracted onto property by dangerous machinery, equipment or conditions left exposed so as to draw or tempt a child onto the property to play. Of course, the owner must have knowledge of the condition, and must know that children do or are likely to trespass and be injured. The rule does not apply to dangerous conditions that are obvious, or common to nature, because children are presumed to be instructed on such dangers. Thus, a swimming pool in a park, whether artificially constructed or part of a natural pond or lake, arguably may not qualify as an attractive nuisance, unless there is some hidden danger to it. Yet, a swimming pool or other body of water might be considered an attractive nuisance, where there are specific facts to the situation that amounts to a hidden danger. The hidden danger of thin ice on a pond, for example, might very well qualify as an attractive nuisance. In every case involving a child injury related to a pond or swimming pool, always consult an attorney for advice. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 60 - Pools and Ponds Can Be Attractive Nuisances first appeared on Personal Injury Primer.
4 minutes | 6 months ago
Ep 59 – Being truthful with your insurance carrier
Being truthful with your insurance carrier https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-059-Being-Truthful-With-Insurance-Carriers.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today we will discuss the importance of being truthful with your insurance carrier. Our office frequently consults with people who have suffered a fire loss, theft or other property loss. On every occasion we are asked “do I have to cooperate with my insurance company?” The short answer is “yes”. The long answer is “absolutely yes, you must cooperate.” It is to your advantage to be completely truthful, no matter how much the insurance company might wear on your patience. When you buy insurance, you and the insurance company enter a contract, which is commonly referred to as an “insurance policy”. Every insurance policy requires complete cooperation in providing information to verify that the loss occurred, and the value of the loss. Every policy requires that you submit your statement of claim and proof of loss under oath. This means you swear to tell the truth under penalty of perjury. If you are untruthful it will give the insurance company grounds to deny your claim. It is not unheard of for people to report that after answering an insurance adjuster’s questions they feel as if they have been called in to be interrogated by the police. Sometimes requests for financial information or phone records seem to be irrelevant and burdensome. Nevertheless, accurate information must be provided. Moreover, it is important not to take requests for information personally. An insurance company has an obligation to verify that a policy holder is making a legitimate claim. Unfortunately, some people claim to have property that they never actually owned, or even destroy their own property and then try to collect insurance proceeds. Insurance claim adjusters play an important role in making sure to pay only people who have legitimate claims. Even seemingly insignificant misreporting of facts, such as not accurately reporting the giver of a gift, or overstating your income, or exaggerating the value of a lost item of property, can inadvertently give an insurance company a basis to question your claim. Consequently, always cooperate and be truthful. However, and this is very important, you as an insured have rights too. Your rights are many, and too numerous to list now. The bottom line is that an insurance company must act in good faith toward you. You can help make sure that it does act in good faith towards you by documenting everything that the insurance company asks you to do. Keep copies of everything you are asked to turn over to an adjuster, including anything you are asked to sign. If an insurance company records your statement or records a conversation, ask it to preserve the recording in case you later need a copy. Do not hesitate to ask the insurance company to put instructions in writing to you so that there can be no dispute as to anything you are asked to do. Lastly, do not hesitate to give our staff a call if you are at all uncertain about your insurance claim rights and responsibilities. Our staff is always willing to arrange for you to consult with one of our attorneys. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 59 - Being truthful with your insurance carrier first appeared on Personal Injury Primer.
4 minutes | 7 months ago
Ep 58 – Avoid Arbitration Clauses When Signing Contracts in Indiana
Avoid Arbitration Clauses When Signing Contracts in Indiana https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-058-Avoiding-Arbitration-Clauses.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from someone who recently emailed us saying, “I see in the fine print of a contract I have to sign that it says any disputes that arise will be resolved by arbitration. What does arbitration mean?” Whether you are a student signing up to take a college course, or opening a new bank account, or signing a document authorizing a car repair, take the time to read what you are being asked to sign. It is becoming increasingly common for Corporate America to rely on adhesion contracts to force people to accept mandatory binding arbitration. Arbitration is a way legal disputes can be resolved without going to court and utilizing the traditional court system. Instead, the parties appear and present their arguments before an impartial person or group of persons outside of court who will decide the final outcome of the dispute. Sometimes the parties mutually agree on who the impartial arbitrator will be, and sometimes the arbitrator is pre-determined by a written statute. Regardless, when you come across arbitration language in a contract you are being asked to sign, it’s important to know that such language often will bar you from filing a lawsuit in court, which will prevent you from having a jury of your peers decide any dispute that may arise between the parties. So why do so many contracts these days have arbitration clauses? Well, most of these pre-written contracts that are given to you to sign as a consumer, employee, or in other contexts, are designed to protect the drafter of the contract by eliminating the threat of a class action lawsuits. While class action lawsuits have occasionally been abused by consumer advocacy groups, the vast majority of the time, a class action is the only tried and true legal tool available to enable consumers to challenge unfair action by companies. Companies often have a greater financial ability to hire lawyers and fight in court than consumers do, which makes it difficult for consumers to bring lawsuits on their own. But when consumers band together, as they do in class action lawsuits, then they are better able to have the finances needed to pursue their legal claims and obtain fair compensation. Companies don’t like that and want to take away the possibility of being sued in a class action by forcing parties that contract with them to agree to settle any disputes through the arbitration process only. And arbitration isn’t a cheap alternative for a party on its own, either. In fact, it can be more costly than a typical lawsuit filed in court. For example, the average cost to file a lawsuit is $200, but if you are forced into binding arbitration you will not only have to pay your lawyer, but you will have to pay the arbitrators, which can cost as much as thousands of dollars, and may even have to pay the corporation’s lawyers if you lose. All in all, companies are banking on you not wanting to expend the time and money to pursue claims against them, not in a traditional court room and also not in an arbitration setting. So, that’s why you’re seeing all these arbitration clauses in contracts these days. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 58 - Avoid Arbitration Clauses When Signing Contracts in Indiana first appeared on Personal Injury Primer.
3 minutes | 7 months ago
Ep 57 – Aggravating Old Injuries
Aggravating Old Injuries https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-057-Aggravating-Old-Injuries.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a listener who says “I have had problems with my back before, but the pain is much worse since the crash and it won’t go away, do I have a case since my back was not in perfect shape before the crash?” This is a question frequently heard from people inquiring about a potential claim. People are concerned that they might be disqualified from suing because of a prior condition or injury. Here is the question stated in simple terms: “I’m really hurting after this accident, but I’ve been hurt in the past, do I still have a claim?” The answer is always yes. The law allows for a person who suffers from a pre-existing medical condition to recover for an aggravation or exacerbation of that condition. For example, if a person has back surgery, and as they are leaving the hospital the automatic doors malfunction and knock them to the ground, the law will permit a recovery for a new injury, such as a broken arm, and an aggravation to the back condition, such as the need to redo the back surgery. It is very important to be forthright with your doctor if you have a prior medical condition which is changed because of an accident. Your medical care providers need to know about prior conditions in order to assess the full nature of an injury incident. For example, a person with a sore neck after an accident who has no prior neck injury may be assessed very differently than a person with neck pain after an accident who suffered a fracture to their neck 10 years earlier playing football. Legally however, people who aggravate old injuries in an accident are entitled to recover damages just as are people who receive new injuries. Never hesitate to consult one of our attorneys if you need help to better understand your legal rights. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 57 - Aggravating Old Injuries first appeared on Personal Injury Primer.
4 minutes | 7 months ago
Ep 56 – Thinking About the Future When Injured
Thinking About the Future When Injured https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-056-Thinking-About-the-Future-When-Injured.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from listener who asks “how much time do I have to sue if I am injured as a result of the negligence of someone?” You would be surprised how often people fail to think about their future when they are injured as a result of a car crash, or other incident. Too many times people let several years go by before calling an attorney and are shocked and angry to learn they have missed key deadlines to sue. We understand that day to day concerns following an injury incident can squeeze out thoughts of the time deadlines for filing a lawsuit. A lawyer can help you hold the parties responsible for all those bills that begin accumulating after an accident, but only if you see a lawyer before the time expires for filing a lawsuit. So, what is the time deadline? For all personal injury cases in Indiana there is a two-year statute of limitations for filing suit. If you try to sue more than two years after your accident, the parties you sue can ask the court to dismiss your claim as being barred by the statute of limitations. Even if you are uncertain about wanting to pursue a lawsuit in the future, time can slip away from you before you know it, so you need to act promptly. Plus, there are shorter deadlines, as early as 180 days, for some types of cases involving governmental entities. 180 days is less than six months. And, it gets worse, some entities that you think have nothing to do with the government, such as an airport bus company, or a commuter train, are treated like government agencies under the law, and the 180 deadline applies (though there are exceptions), so consultant an attorney promptly after an injury incident. And, even if you think a deadline might have expired, consult any attorney to be sure. There are many exceptions to these general rules. In short, it is important to be aware that if you are thinking about consulting an attorney about your case, it’s always better to do so sooner rather than later. Aside from the deadlines we’ve noted, it is important to promptly pin down witness information before memories fade. We recommend adding reminders to your calendar well in advance of the deadlines that might apply to your situation, so that you can arrange to consult an attorney well before any deadlines. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.
6 minutes | 8 months ago
Ep 54 – Choosing a Reputable Physician
How to Choose a Reputable Physician https://personalinjuryprimer.com/wp-content/uploads/2020/01/Podcast-054-Choosing-a-Reputable-Physician.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Today’s question comes from a caller who asked us recently, “I need a good doctor, how do I go about choosing a reputable physician to treat my injuries?” When a person is hurt in a crash or other injury incident, finding and obtaining competent medical care is crucial to making a good recovery and critical to presenting a credible claim for compensation. As a result, some lawyers may be tempted to refer clients to physicians with whom they have developed a relationship. Lawyer referrals to medical professionals for compensation, and medical professional referrals to lawyers for compensation, not only constitute bad practice, but in most all circumstances are unethical. Consequently, our firm does not make physician referrals. We do however provide a list of things to consider when selecting a physician. First, evaluate the physician’s attitude and the attitude of his/her staff. Is the attitude you encounter compatible with your personality? Does the physician make patient communication a priority? Are patients respected? Does the physician take the time to listen to patients? Are patients encouraged to ask questions? Good communication will improve your patient/doctor relationship and help you trust the decisions you make together regarding your health care. Second, your physician’s credentials are important to check to make sure your physician is competent to care for you. All physicians must be licensed in the state where they practice. Check your physician’s license with Indiana’s Physician Licensing Board. Is your physician board certified? The requirements for board certification are set by colleagues and peers and vary by specialty. This can include the number of years in school, fellowship programs, areas of practice, and sometimes continued education. Other questions to consider are: Where did the physician go to medical school? Where did he or she complete their residency? What is his or her age? How long has the physician been in practice? What health care facilities is the doctor affiliated with? Is the doctor covered under your health insurance plan? By doing your homework you can ensure that the physician you select to guide your medical care is responsible and will provide you with the best resources to manage your healthcare. Third, it is important to determine your physician’s malpractice track record. Check with Indiana’s Compensation Fund to see whether your physician has any malpractice claims against him or her. Our firm has successfully sued physicians in Indiana who have breached the standard of care and compromised their patient’s safety. The goal of every person in selecting a physician is to steer clear of those who have been found guilty of malpractice. Statistically, almost all instances of malpractice are associated with a very small percentage of physicians, and involve repeat offenses. Finally, once you select a physician, be considerate of your physician’s time, and plan ahead for your next appointment. Keep your appointments. Be on time for your appointments. Call if you must reschedule an appointment. Write down your concerns and the reasons for your visit. Identify where you are having pain, but never exaggerate a complaint. Doing these things will both ensure that each of your questions will be answered and that the physician’s record of your visit will be accurate and complete. Ask your physician to explain terms you do not understand, and be sure he/she explains the next step in your care and treatment. For example, if a test is ordered, ask who you should contact for the results. Ask about the plan of treatment. If you are anxious or afraid, explain your concerns and ask for guidance. Knowing what the plan is will ease your anxiety when dealing with complicated medical issues and treatment. In short, many of the things to consider when selecting a physician are similar to what should be considered in selecting a lawyer. Bottom-line, you want a professional who is equipped to provide efficient and effective assistance focused on addressing your needs. It’s that focus we at the Law Offices of David Holub take with us into every case, trial or mediation. We strive to always provide top quality legal representation, uncompromising pursuit of our client’s legal interests and being accessible and attentive to our clients during times of personal challenge. Some lawyers have little knowledge of the trial process and have scare knowledge about lawsuits and what it takes to be successful in the courtroom. Some lawyers have never experienced filing a lawsuit for a client, let alone taking a case to trial. They prefer to settle or just don’t have the financial resources for a long drawn out trial. I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.
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