Category: Personal Injury

Should Injury Victims Negotiate Directly with Insurance Companies?
November 28, 2022 / Personal Injury

Should Injury Victims Negotiate Directly with Insurance Companies?

A recent case handled by our law firm offers a good reminder how an insurance company’s claims adjuster’s job is to settle, even a clear liability injury case, for as little as possible and NOT for the real value of the injury. This case is a great example of what can happen when an injured victim tries to negotiate directly with a very experienced insurance claims adjuster. In this case, an insurance company initially offered only $1,374 for the injuries our client suffered in a car crash. After she hired Stephenson Rife, we were able to negotiate a $35,000 settlement. The facts in the case were simple, though tragic. Legal liability, or responsibility, was not in dispute. An elderly man was driving a vehicle and ran a stop sign. Hi[...]

Can I Sue for a Concussion?
March 9, 2022 / Personal Injury

Can I Sue for a Concussion?

You've received a blow to the head that resulted in an injury and left you with medical bills you didn't expect to deal with. Now you're asking, "Can I sue for a concussion?" The answer to the question is yes, you can sue for damages provided you can show proof of injury and that the blow to your head was the result of negligence, even if the concussion was mild. A concussion is caused by a blow to the head that results in your head being whipped to one side in a sudden motion. The sudden motion causes your brain to crash into your skull and causes temporary or permanent injuries to your brain. You'll experience a change in your ability to process the world around you, along with difficulty speaking and other conditions related to brain [...]

How long do you have to sue for personal injury?
November 3, 2021 / Personal Injury

How long do you have to sue for personal injury?

The statute of limitations on personal injury cases is two years in Indiana. This means an accident victim has just 24 months to file a lawsuit after being injured. The clock starts from the date of the accident or injury, with just a few exceptions. If you miss this window of opportunity, you risk having your case dismissed. Many people who have suffered an injury – whether slip & fall, car crash, or workplace – often ask the question, “how long do you have to sue for personal injury?” They are sometimes surprised by the answer. The time to file is relatively short. What this points out is the importance of contacting a personal injury lawyer right away if you’ve been injured in an accident. Don’t wait! The two-ye[...]

How Do You Prove a TBI?
July 31, 2020 / Personal Injury

How Do You Prove a TBI?

As part of an insurance claim or lawsuit, how do you prove that a TBI (traumatic brain injury) happened? You have the burden of proving you have a TBI and the other party caused it if you want compensation for your injury. There are many ways the harm you suffered can be established through documents and testimony. If you’re a veteran seeking benefits for a service-related TBI, you would need to show its effects to the Veterans Administration (VA). A TBI is usually caused by a violent blow or jolt to the head or body. An object penetrating the skull, entering into the brain, can also create a TBI, according to the Mayo Clinic. A mild TBI may affect you temporarily. More severe injuries can result from bruising, torn tissues, bleeding a[...]

Do I Have a Legal Case if My Child Develops CTE from Sports?
April 29, 2019 / Personal Injury

Do I Have a Legal Case if My Child Develops CTE from Sports?

Thanks largely to the research of neuropathologist Dr. Ann McKee and her team at Boston University’s CTE Center, more and more is becoming known about the connection between sports and CTE, or Chronic Traumatic Encephalopathy. This degenerative disease — caused by repeated concussions and other traumatic brain injuries (TBIs) — is definitively diagnosable only after death, but it has been linked to myriad problems in life, including anxiety, depression, personality changes, and memory and thinking problems. In 2017, Dr. McKee released the results of a study of the brains of former football players. Of the 111 former NFL players included in the research, all but one were posthumously diagnosed with CTE. In 2018, she released rese[...]

August 6, 2018 / Personal Injury

What Does “Loss of Consortium” Mean?

In a personal injury case, most of the damage claims are based on the injuries and suffering of the accident victim; but some damages are based on the suffering of loved ones. One of these types of damages is called loss of consortium. You may have heard the phrase and wondered about it. Generally, loss of consortium is intended to compensate the victim’s loved ones for the repercussions that the victim’s injuries or death have caused. Specifically, it applies to relationship losses that occurred between the accident victim and the loved one(s). While some states permit long-term partners and children to seek loss of consortium damages, in Indiana, loss of consortium is limited to spouses. Damages can be sought for the loss of love, c[...]

June 4, 2018 / Personal Injury

Is Catastrophic Failure Inevitable for Allegiant Air?

If you’re like most people, you look for low fares when you want to fly, and some of the lowest around are found by traveling on the deep-discount airlines Spirit, Frontier, and Allegiant. But a recent report from CBS’s “60 Minutes,” and a prediction by a Kentucky-based pilot and aviation professional, may give you pause if you fly Allegiant Airlines. “A Sense of Urgency” Allegiant is known for making short, nonstop trips at rock-bottom prices that come with few amenities. Locally, Allegiant flies out of the following Indiana airports: Indianapolis, Evansville, Fort Wayne, and South Bend. The airline also runs flights out of nearby Cincinnati and Dayton, Ohio, and Louisville, Lexington, and Owensboro, Kentucky. You may have fl[...]

July 14, 2017 / Personal Injury

Summer Camp Safety for Your Child

Summer camp, whether it is a day camp or an overnight camp, can be a rite of passage for a child. Many anticipate it eagerly and never look back. Others get cold feet as the departure day approaches. If you had good camp experiences, it will be easy for you to reassure your child that they will have fun and not miss you one bit. But before you reach the teary goodbye stage, you should check the camp’s credentials in order to ensure your child’s safety and continued good health. We’re not going to dwell on all the things that can go wrong—as a parent, you probably already have them lodged in your brain. But some camps are clearly safer and better for your child than others, so do your homework. Does the State of Indiana Oversee C[...]

February 16, 2017 / Personal Injury

A Look at the Latest Accident and Trauma Statistics

The annual report for 2016 from the National Trauma Data Bank (NTDB) is now published. The latest report updates the biggest compilation ever assembled of U.S. and Canadian registry data for trauma, containing over 7 million records. The report is generated by the American College of Surgeons (ACS) Committee on Trauma (COT), whose primary missions are to: Improve prevention of injuries Improve care for injured patients Develop and implement significant trauma care programs. Acting as the principal repository for national trauma registry data, their intent is to inform medical personnel, policy decision makers, and the public about the many issues involved in caring for the injured. Medical areas impacted by this report include injury [...]

January 20, 2017 / Personal Injury

The Ultimate Child-Safety Checklist for Your Home

Injuries are the leading cause of death among children. While many of these injuries occur in schools, playgrounds or motor vehicles, they can also happen in our own homes. Parents strive to make their homes as safe as possible for their children, yet not all dangers are as obvious as others. From burn injuries to accidental poisoning, there are several risks that parents should address on their home’s safety checklist. Without further ado, here are a few of the biggest risks that you can address around your house. Suffocation and Choking Hazards Choking and suffocation-related injuries are a top cause of injuries among infants. Don’t share a bed with your infant. Equip your child’s crib with a mattress that is the appropriate siz[...]