Tag Archives: damages

Basics Of A Negligence Action in Indianapolis and Greater Indiana

Indianapolis Auto Accident Injury Lawyer‘Negligence’ Pertaining to a Personal Injury Claim

You were involved in an accident. Now you are entangled in insurance paperwork and solicitations by lawyers to handle your case. You are bound to hear a bevy of unfamiliar legal terms related to your case. One of those common terms is “negligence.” What is negligence, and what exactly does it mean?Call Charlie Ward at 317-639-9501

According to Cornell.edu, negligence is the failure to take reasonable care that a prudent person would take under the same circumstances. Basically, it refers to a person’s careless or reckless actions that led to another person’s injuries or damages.

Negligence occurs in many forms, from car crashes to professional malpractice. Regardless of the specific type of case, ever since colonial times, a negligence action in the United States has had the same basic components:

  • Duty: Reasonable care, which is an objective standard, is the duty that most people owe to other people. Sometimes, there is a higher duty, such as in an attorney-client matter, and sometimes there is a lower duty, such as when a trespasser is injured on another person’s land.
  • Breach: If defendants fail to meet the applicable standard of care, then they have breached the legal duty. Often, as in Blyth v. Birmingham Water Works, there is an element of foreseeability: The defendant must understand that the breach of duty may result in damages.
  • Cause: Causation, the link between the breach of duty and the plaintiff’s damages, is actually a two-step inquiry:
    • Cause in fact: In legal terms, the plaintiff must show “but for” causation, i.e., that the injury would not have occurred “but for” the defendant’s negligence.
    • Proximate cause: Proximate cause goes back to foreseeability. In one famous case, Palsgraf v. Long Island Railroad, the defendant railroad company was not liable for the plaintiff’s injury that occurred when two porters pushed a man onto a moving train car, causing the man to drop a package of fireworks. The shockwave from the fireworks pushed over a pair of scales, which fell on the plaintiff. The court found that the injury was not foreseeable and the connection was too remote.
  • Damages: There is no action for negligence unless the plaintiff is damaged. Damages can include both economic and noneconomic damages. Economic damages would be easily quantifiable numbers, such as medical expenses and property damage. Non-economic damages are harder to assign value to, such as pain and suffering. Punitive damages are also available in some cases.

If you have questions about your personal injury case or need hard-hitting representation, contact an Indianapolis accident attorney today.

How Semi-Truck Accidents Differ from Car Accidents in Indiana

Indianapolis Turck Accident Injury Attorney When you need an attorney to represent you, select a lawyer with tractor-trailer accident litigation experience to represent you.

With semi-trucks responsible for delivering as much as 75 percent of all cargo shipped across the United States, motorists and trucks are forced to share the roadways daily. However, sharing the roadway with such big vehicles poses some unique hazards.Call Charlie Ward at 317-639-9501

Most semi-trucks in the United States have six to ten wheels, are more than eight feet wide, 13 feet tall, and weigh as much as 80,000 pounds. When semi-truck accidents in Indianapolis occur, the results are often fatal. Seeking guidance from the experienced team at Ward & Ward can help ensure your rights are protected and proper measures are taken to achieve just compensation for your losses.

How truck accidents differ from motor vehicle accidents

A semi-truck accident differs from a regular car accident in a number of ways, including:

Size and construction

The sheer difference in size between a semi-truck and a car often means the damage and injuries in a semi-truck accident are much worse. Semi-trucks are more difficult to maneuver, turn, and control meaning even the smallest obstacle in the road or unexpected turn of events can become a potential catastrophe. The way semi-trucks are constructed and operated also creates opportunity for accidents. Trucks have numerous blind spots that increase the chances a truck may run a car off the road. Also trucks require greater stopping distance that leads to dangerous rear-end collisions when a truck is forced to stop short.

Driver conditions

Because semi-truck drivers are under pressure to reach destinations quickly, they often work long hours without proper breaks and become more easily distracted, prone to the influence of drugs and alcohol to stay awake, and more likely to drive while fatigued. All of these factors can contribute to a potential accident.

Trucking laws and regulations

Laws that govern the operation of semi trucks are much more complex than those for motor vehicles, as are the rules surrounding litigation of trucking accidents versus auto accidents. For these reasons, it is extremely important to seek guidance from an experienced lawyer if you are involved in a trucking accident.

Determining fault is often more difficult than in a car accident. A semi truck accident attorney knows liability may fall on a number of different parties and each may have a separate insurance policy. With so many people and companies involved, it pays to have a skilled attorney who knows how to handle properly an investigation and uncover the responsible party.

Handling your Indiana truck accident and injury cases

At Ward & Ward, our semi-truck accident attorneys have the skills necessary to obtain the compensation you deserve. If you or a loved one is a victim of an accident in the Indianapolis greater metropolitan area or in the state of Indiana, contact Ward & Ward to arrange a free consultation with a skilled lawyer today. We are available to speak with you 24 hours a day, seven days a week.

Auto Recall Legislation|Indiana Personal Injury Lawyer’s View Point

Indianapolis Product Recall  Personal InjuryVehicle manufacturers have a duty to report safety issues by law.   The legislation is known as Transportation Recall Enhancement, Accountability, and Documentation–TREAD.

Over a decade ago, there were  several hundred deaths and many individuals seriously injured as a result of defective tires made by Firestone on Ford Explorers.  In 2001, Congress took action and passed TREAD to require vehicle manufacturers to report safety issues in a timely manner.  The goal of the legislation to require auto manufacturers to report defects, not to hide them.  Once reported the National Highway Safety Administration can issue recalls, impose fines and potentially order criminal charges.Call Charlie Ward at 317-639-9501

However, many argue the legislation is failing due to time delays (sometimes several years).   In the past few years delayed actions resulted in many deaths and serious injuries as a result of sudden acceleration in Toyota vehicles (several years ago), ignition switch issues in General Motors vehicles (past 2 years) and now with airbags involving the Japanese company Takata.   Facts uncovered in Toyota’s sudden acceleration and GM’s ignition switch showed the manufacturer’s knowledge of the defects many years before any action was taken.  The Federal Government is currently investigating Honda on whether Honda failed to timely report deaths and injuries caused by defective airbags.

The end result–delays in recalling vehicles leads to unnecessary deaths and serious injuries.

Personal Injury Attorney,

Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
 

Broken Bones | Medical Malpractice Lawyers in Indianapolis

Many children who sustain a fracture to an arm or leg as a result of an accident have a good chance of having the fracture improperly splinted.

Personal Injury Lawyer - Medical Malpractice Statistics show that almost half of all boys and a quarter of all girls will fracture an arm or leg before 16.  Properly set, the fracture heals rather quickly with little residual problems.  However, in a recent study from the University of Maryland (pediatric bone specialists) more than 90% of children with fractures had their bone improperly splinted.  As a result, further complications such as loss of motion or skin grafts can occur.Call Charlie Ward at 317-639-9501

Dr. Josh Abzug, who directs pediatric orthopedics at University of Maryland believes that improper splinting occurs from a lack of education in some situations and a lack of attention to detail in others.  In addition, in many situations a doctor or health care worker splints a fracture with instructions for the parent to follow-up with an orthopedic the next day.  However, the follow-up does not occur right away and complications set in.

Dr. Abzug believes that posters or flashcards in an emergency room or urgent care center outlining proper splinting can minimize the problem.  He further advises parents to listen to their children. Should a child complain of lots of pain (crying) or major swelling/discoloration occur in the split area, Dr. Abzug advises to immediately proceed to the emergency room.  Time is of the utmost importance.

 

Crazy Contacts Catalyst for Corneal Cuts

look him in the eyeCrazy Contacts Catalyst for Corneal Cuts

Blinding and blasphemous, blood-red eyes and ghastly, glowing, gruesome peepers… Americans love Halloween…so much so that people will shop just about anywhere for “crazy contact” lens-wear purchased from Halloween novelty shops, beauty supply stores, gas stations and online outlets. But beware! Injuries including painful, scarred corneas, severe eye infections, permanently damaged vision and drooping eyelids have been reported as a consequence of wearing the specialty eyewear.Call Charlie Ward at 317-639-9501

It is illegal to sell colored contact lenses without a prescription and retailers can be fined as much as $11,000 per violation. All contact lenses (including non-corrective cosmetic lenses) are controlled by the FDA under the heading of medical devices and require a prescription from a licensed optometrist, ophthalmologist or other licensed optician under the supervision of an eye doctor. The Food and Drug Administration along with ICE and the US Customs and Border Protection have launched a campaign called “Operation Double Vision” that has seized more than 20,000 pairs of counterfeit and decorative lenses illegally sold to the American public.

Contact wearers are required by law to be fitted by an eye health professional for size, shape, strength and type of material used in the lenses. Never buy lenses from a retailer that does not require a prescription for purchase. Contacts that are not properly fitted may scratch the eye or cause blood vessels to grow into the cornea.

Follow good health practices and seek annual professional eye care. Don’t trade a lifetime of poor vision for a single evening of ghostly fun!

Air Bag Recalls | Personal Injury Lawyers in Indianapolis

To check and see if your vehicle is covered in the airbag recall, check out the following link.

Indianapolis Personal Injury Attorney - Auto Air Bag Accidents The federal government increased the number of vehicles in a safety recall involving airbags from five million to eight million.  Vehicles in the recall include Toyotas, Hondas, Nissans and others. Call personal injury and accident lawyer Charlie Ward today for a free consultationThe government is urging owners to have the vehicles repaired as soon as possible because the airbags pose the risk of death and/or serious injury in a vehicle accident.  Investigators are also concerned that hot, humid air could potentially cause the air bag to explode unexpectedly.  Should this occur, it could cause metal shrapnel flying, causing death or serious injury.  General Motors and other manufacturers have also recently recalled vehicles for safety issues regarding airbags.  In total worldwide over 16 million vehicles have been recalled for safety issues involving airbags since 2002.  David Friedman with the National Highway Transportation Safety Administration urges all consumers with these vehicles to immediately have them repaired to prevent any deaths or injuries.

Safety groups allege that four people have been killed and numerous others seriously injured from the sudden airbag deployment.  Airbags have been required on new vehicles since 1999.   The airbag devices are made by Tokyo based, Takata Corporation.

 

GM and Ignition Switches | Wrongful Death Attorney in Indianapolis

29 people have died and 27 people have been seriously injured in accidents as a result of the defective ignition switches involving General Motors vehicles.

184 death claims have been filed with Ken Feinberg, an attorney hired by General Motors to compensate victims.  However, only 29 have been deemed eligible to date to receive compensation.  In addition, 1333 personal injury claims have been filed to date with 27 receiving offers of compensation.

Medication Mistakes with Children | Personal Injury Lawyers in Indianapolis

A recent study showed that medication errors involving children are growing, with some errors causing serious injuries and even death.Call Charlie Ward at 317-639-9501

Most of the data was obtained through the National Poison Database System.  It records information to the 55 U.S. poison control hotlines.  Approximately 25% of all errors occurred by giving a child the same medicine twice.

Teenage driving safety and accident prevention | Indiana auto accidents

Educating teenage drivers on the dangers of the roadway and getting hands on lessons in driver safety.Call Charlie Ward at 317-639-9501

The Street Survival Foundation and Hoosier BMW came together to educate teenage drivers on the dangers associated with driving vehicles on the roadway and learn how to drive in the rain as well as what to do what a vehicle suddenly breaks.

Education is the key to accident prevention. Please take a moment to watch this powerful video and share with your friends and family.

Everything you can do now to educate your teenager will help them as they grow older.