Tag Archives: Indianapolis personal injury Attorney

Why personal injury lawyers may refuse your case – Uncollectability | Indianapolis Car Accident Lawyers

Why Personal Injury Lawyers May Refuse Your Case – Uncollectability | Car Accident Lawyers, Auto Accident Attorneys, Ward & Ward Law Firm

Collectability is the ability to put money into the hands of an injured party and creditors who have extended treatment on their behalf resulting from an accident. It is an essential component of any personal injury claim. The following are examples of uncollectable claims frequently turned down by personal injury lawyers:

  • Neither party has automobile insurance and the driver responsible for the injuries has no real or personal assets
  • Liability cannot be ascertained through evidence or credible eyewitness testimony
  • Damages are negligible and/or frivolous
  • Injured party(ies) did not receive treatment immediately following the accident and did not follow up with a physician in a timely manner

It falls on you to protect your injured self from another person’s negligence | Indianapolis Car Accident Lawyers

The recession and suspended licenses have thrust an increase in uninsured drivers in Indiana. Of the approximately 4 million driver’s licenses issued in the state of Indiana, approximately 12% are suspended. According to the most recent estimate obtained by the Insurance Information Institute, approximately 1 in every 7 drivers or 14.2% take to the roads without any automobile insurance.

Uninsured/Underinsured Bodily Injury and Liability* coverage is included as a part of your policy unless you express in writing a desire to omit this coverage. UIM protects you, your family’s assets and financial exposure from reckless uninsured and underinsured drivers that may cause harm to you and others riding in your vehicle. Your uninsured coverage may also protect you from defendants fleeing a judgment through the protection of bankruptcy.

Experienced Indiana Car Accident Lawyers and Wrongful Death Attorneys

The personal injury and car accident lawyers of Ward & Ward Law Firm recommend increasing your insurance policy to reduce and protect your personal exposure in an accident you may or may not cause. A robust bodily injury and liability policy may cost only pennies a day more than the minimum policy required to drive in Indiana. Before you call an agent, learn more about automobile insurance coverage in Indiana at our attorney blog.

The auto accident attorneys at Ward & Ward Law Firm have more than 85 combined years of experience practicing  personal injury, wrongful death and medical malpractice law.  If you or someone you know has been involved in an accident, call personal injury lawyer, Charlie Ward, today at 317-639-9501 or toll free at 888-639-9501 for a free consultation.

Charlie Ward
Personal Injury Attorney

Ward & Ward Law Firm, Car Accident Lawyers
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

What You Should Know About Structured Settlements | Car Accident Lawyers

How does a structured settlement for personal injury differ from a settlement or award? | Indianapolis Car Accident Lawyers

Call personal injury attorney Charlie Ward today at 317-639-9501 if you were involved in an Indiana accidentA settlement or judgment for a personal injury claim may be paid to the claimant by the defendant or the defendant’s insurance company in a single lump sum payment. The majority of settlements are paid in this way.

But in cases where the claimant (plaintiff) settles or is awarded a large sum of money, they may elect to receive all settlement funds in steady payments or a one-time partial disbursement of the settlement funds with recurring payments disbursed over a period of years or decades. This is called a structured settlement.

An initial partial disbursement of a structured settlement can and should be used for immediate expenses including, but not limited to medical bills, medical devices, convalescence, therapy, career training, special housing and transportation requirements or any other necessities unique to the injured person. The remainder of the partial disbursement may be invested or posted to a banking account to be used for living expenses or unforeseen future necessary expenditures. After the bills are met, the claimant is free to decide what to do with the remaining partial disbursement of funds.

Advantages of a structured settlement

Some studies indicate that recipients of very large lump sum settlements or “windfall” awards frequently run out of the funds necessary to sustain their disabilities throughout the remainder of their lives. Sadly, this scenario may occur when the parent or guardian of an injured child lacks the experience of managing a large sum of money. One of the advantages to a structured settlement distributed over a period of years is the economic security and well-being of the disabled or partially disabled person.

There are also tax advantages to structuring a settlement. Although settlements and awards for physical injuries are generally tax exempt, interest and dividends earned on the investment of a single lump sum asset is taxable. Even if all of the funds received in a structured settlement are invested, the annual tax obligation would likely be lessened due to a reduced investment stream.

Will I make decisions regarding the distribution of my structured settlement?Call car accident lawyer Charlie Ward at 317-639-9501

A structured settlement is funded by way of an annuity purchased on behalf of the claimant. When you agree to settle your lawsuit using a structured settlement, your personal injury lawyer will facilitate a consultation with a qualified economic and financial analyst who will calculate your monthly or annual financial needs against mortality and inflationary tables. A qualified and trusted financial advisor will discuss your goals and the options available to you, i.e. the sums you wish to receive and the length of time over which you may extend your payments. You may choose to end disbursement of your settlement at a designated age, terminate payments upon your death or continue with payments made to your heirs through the remaining life of the financial instrument. You may even elect to withhold regular payments until you reach a certain age to fund your retirement.

Why do insurance companies offer structured settlements?

Because structured funds are invested in an annuity—a financial instrument that is expected to grow over time—the initial investment made by defendant or defendant’s insurance company is significantly less than the totality of the expected future income stream received by the claimant. Unless the claimant wishes to make a large purchase, such as a home, from a lesser settlement—say, for example, a settlement of $100,000., a structured settlement can be a win-win situation for both parties.

The Structured Settlement Purchasing Industry

The Washington Post recently published a story exposing a predatory structured settlement purchasing company that took advantage of a young adult woman with brain damage and limited mental capacity due to lead paint poisoning as a child. The Baltimore woman had prevailed in a suit filed on her behalf and was tricked into transferring her monthly checks, 420 payments through the year 2052. The estimated value of her annuity was more than a half a million dollars but she transferred her future security for a mere $63,000.

Although most settlement purchasing companies operate legally and within the boundaries of the law, you should understand that the players within the industry will only offer pennies on the dollar for the transfer of a structured annuity. People who have fallen on hard times or who need a chunk of money to purchase a car or make a down payment on a home may be more easily persuaded to sell the remaining life of their structured settlement. However, Indiana Code 34-50-2 entitled Annuity Structured Settlements regulates structured settlements in Indiana with a level of oversight requiring approval by the court for a legal transfer of the annuity. Section 7 of Chapter 2 states:

Sec. 7. An Indiana court of competent jurisdiction may approve a transfer of structured settlement payment rights only in a final order that is based on the express findings of the court. The express findings must include all of the following:

(1) The consideration that the payee will receive for the transfer reasonably reflects the present fair market value of the future Indiana Code 2015 periodic payments under the structured settlement agreement.

(2) The transfer is in the best interest of the payee.

(3) The transfer will not materially impair the payee’s ability to discharge the payee’s obligations to the payee’s dependents.

(4) If the transferee is the applicant, the transferee has provided to the payee a disclosure statement in accordance with Section 6 of this chapter.

Section 8 of the above-referenced statute goes on to describe the process of filing an application for the legal transfer of a structured settlement annuity with the court of jurisdiction. After application has been made, the court will notify the applicant of the date, time and place of the hearing but it will not be heard earlier than 20 days after the application has been filed with the court.

Personal injury attorneys and car accident lawyers experienced with structured settlements

Our attorneys have more than 85 years of combined experience in personal injury law including wrongful death, nursing home neglect and medical malpractice claims. Many of our clients have elected to receive structured settlements and awards. Although structured settlements are not always the right solution, they can be a valuable source of future income, particularly for clients concerned with future income or loss of wages.

If you have a claim for injuries you received in an Indiana accident caused by another party’s negligence, call the Indianapolis car accident lawyers at Ward & Ward Law Firm today for a free consultation! Call 317-639-9501 or toll free at 888-639-9501.

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Indiana Supreme Court Upholds Trial Court Discretion in No Contact Motorcycle Accident

personal-injury-attorney-web-logoNo Contact Motorcycle Accident with Extensive Personal Injuries

On September 3, 2008, Mr. Earl was thrown from his motorcycle at a speed of 65 mph when he took evasive action to protect himself from the sudden and unexpected lane change by a semi tractor-trailer driver. Although there was no contact that occurred between Mr. Earl’s motorcycle and the semi, an observant witness confirmed the accident and resulting injuries sustained by Mr. Earl were caused by the unidentified semi-truck.
Prior to the accident he enjoyed an active outdoor lifestyle: hunting, fishing and playing league basketball. He was the co-owner of a small construction business; his expertise and job responsibilities were in excavation and sewer work. And he enjoyed spending time with his wife and playing with his grandchildren.

Economic Damages

Mr. Earl was hospitalized immediately following the accident. His injuries included a fractured collarbone, fractured shoulder blade, and multiple fractures in his left ribs. He also suffered a collapsed lung, laceration of the liver, multiple abrasions, a blood clot in his left leg and a permanent structural change of his left shoulder joint.

Eventually Mr. Earl returned to light-duty office work but he was unable to perform the heavy equipment and excavation duties required of him in his business. His income suffered as a result.

Non-Economic Damages

After Mr. Earl’s medical treatment concluded, every action in his life was executed in pain―from playing with his grandchildren to driving a car. Even lying in bed was problematic. In addition, his wife reported her husband’s pain affected their marriage.

A Claim for Damages – Uninsured Motorist Insurance Coverage

At the time of the accident, Mr. and Mrs. Earl had uninsured motorist insurance coverage for $250,000 per person/$500,000 per accident. When their insurance company refused to pay the full amount of $250,000 for his damages, they brought a claim for damages based on the terms of their contract with their insurance company. While the case was pending, Mr. Earl died from an unrelated illness. When their insurance company admitted liability, the case proceeded to a jury on the question of damages only.

Despite their insurance company’s unsuccessful motion to exclude the policy limits from evidence, the trial court admitted plaintiffs’ insurance policy into evidence. The jury returned with a verdict of $175,000 for Mr. Earl’s damages and $75,000 for Mrs. Earl’s damages totaling $250,000―the exact limits of the policy.

After their insurance company successfully appealed on the grounds that the trial court abused its discretion by allowing the $250,000 limits into evidence and that the jury’s verdict was affected by their knowledge of the policy limits, the Earl’s petitioned to the Indiana Supreme Court. The appellate ruling was vacated.

In the Indiana Supreme Court Conclusion, Justice Massa writes:

“…we cannot say the trial court abused its discretion in finding that probative value was not outweighed by substantial prejudice.”

The Indiana Supreme Court took the position that there is not a bright-line rule for admitting insurance coverage but instead it is in the trial court’s discretion to determine what evidence is probative in each case.

Experienced Personal Injury LawyersCall personal injury and accident lawyer Charlie Ward today for a free consultation

If you have any questions about your automobile insurance policy or your motorcycle insurance coverage, call us today at 317-639-9501 and ask for Charlie Ward.

Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

What is a Subrogation Lien and Why Do I Need to Reimburse My Insurance Company From My Settlement?

What is a Subrogation Lien and Why Do I Need to Reimburse My Insurance Company From My Settlement?

Personal Injury Claim and SubrogationInsurance companies enter into a contract with their insureds. In this contractual relationship, both parties benefit and rightly so. But when your insurance company pays for your loss, they may legally recover a portion, or all of their losses paid on your behalf by way of subrogation.

A subrogation lien is the process an insurance company uses to seek reimbursement from the responsible third party for money it has paid on the behalf of the insured. However, the English common law “Made Whole” doctrine provides that insurers and creditors shall not be made whole prior to their insured being made whole.

Indiana statute IC 34-51-2-19, commonly known as the Lien Reduction Statute, adds teeth and parameters to the common law doctrine. It states in part:

If a subrogation claim or other lien or claim that arose out of the payment of medical expenses or other benefits exists in respect to a claim for personal injuries or death and the claimant’s recovery is diminished:

(1) by comparative fault; or

(2) by reason of the uncollectibility of the full value of the claim for personal injuries or death resulting from limited liability insurance or from any other cause; the lien or claim shall be diminished in the same proportion as the claimant’s recovery is diminished.

Lien Reduction Statute: Recovery Lessened by Comparative FaultCall Charlie Ward at 317-639-9501

If the tortfeasor (party responsible for your damages) proves or is able to prove that you were, for example, 20% at fault for your damages, and your automobile insurance company paid the limits of your medical payment portion of your policy, totaling $10,000, your insurance company would be required under Indiana statute to reduce their medical payment subrogation lien by a minimum of 20% or $2,000. Based on the facts and the full set of circumstances surrounding your claim, a further reduction may be requested by your experienced personal injury attorney.

Lien Reduction Statute: Recovery Lessened by Uncollectibility of Injury or Death Claim

When you have finished treatment with your providers and it is felt that your condition cannot be improved further, you and your attorney will discuss and assign a reasonable value to your claim for damages based upon medical billings, loss of wages (past and future), future surgeries and treatments, impairment rating, pain and suffering and all other losses you may have incurred.

The following is an example of Uncollectibility:

Your claim is reasonably valued at $500,000. You settle for the limits of the responsible party’s liability insurance of $100,000. Therefore, 80% of your claim is uncollectible. In this example, both your auto insurance company and your health insurance company would be required by statute to reduce their lien by 80%. Under extreme circumstances, an experienced personal injury lawyer may be able to negotiate a further reduction of the lien amount or request waiving of the lien.

A Person Who Acts As His Own Lawyer…

In most circumstances it would be imprudent to endeavor to settle a claim for injuries without the advice and counsel of an experienced personal injury and wrongful death lawyer. Attorneys who represent injured or deceased persons on a daily basis are knowledgeable of current legislation, amended statutes, federal codes, and case law that will affect their client’s case and financial recovery.

Don and Charlie Ward have more than 85 years of combined experience in personal injury law involving motorcycle, automobile, bus, trucking and pedestrian accidents and wrongful death claims. Call Charlie Ward today at 317-639-9501 for a free consultation and evaluation of your claim.

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Learn more about Indiana’s Comparative Fault Law.

Injured in an Indiana Bus Accident? | Call Indianapolis Bus Accident Lawyers

How does a law firm begin an investigation into a bus accident involving injuries and wrongful death?

How do you investigate a bus that caught fire after an accident?Determining cause in an accident involving a bus is vital to a claim but it may not always be as easy as it sounds. In a situation where multiple vehicles are involved in a single collision, it is not uncommon for the defendant driver to place fault, in whole or in part, on other drivers involved in the crash. And because every eyewitness to an accident sees the crash from a different perspective, position and point on a timeline, it’s reasonable to assume that eyewitness testimonies will collide. Like airline and semi tractor-trailer accidents, a thorough investigation of the accident scene, named responsible parties, environmental conditions at the time of the accident, vehicles involved, eyewitness testimony and the employment of an expert in accident reconstruction may ultimately reveal the cause or combination of causes responsible for the accident and the injuries received.

Talk with the law enforcement investigative team

In depth interviews with State Police or investigating law enforcement officers by lawyers representing the injured or deceased persons, may reveal the preliminary facts of the accident as determined by the investigating authorities who were at the scene only minutes after the accident occurred.

Download data from the black box and thoroughly inspect the bus and it’s components

Attorneys representing plaintiffs injured in a bus crash will immediately put on notice the owner-operator of the bus to refrain from making any repairs to the vehicle before it has received a thorough inspection by impartial experts, thus preventing spoliation of evidence including the on-board data recorder. The data recorder chronicles the final moments of the bus before impact, i.e. velocity and rpms or revolutions per minute over a specific period of time, usually a matter of seconds. Think of the “black box” as an accurate and impartial observer of what went down moments before the accident.

Engage a private investigator

Meanwhile, a private investigator will search the driving records and public court records including any criminal prosecutions against the defendant driver. The investigator, hired by the plaintiffs’ attorney, will make contact and record conversations with eyewitnesses and others involved in the crash. Each person will be examined about road and weather conditions at the time of the crash, their position relative to other vehicles involved in the accident and asked to give their best accounting of what occurred relative to their perspective at the time of the accident. They will also be asked to recall conversations with others at the scene and events that may have taken place after the accident.

Call Bus Accident Lawyer Charlie Ward at 1-888-639-9501

Call Charlie Ward at 317-639-9501If you or someone you know has been injured or killed in an accident involving a bus, you should speak to an experienced personal injury lawyer as soon as possible. The lawyers at Ward & Ward Law Firm have more than 85 years of combined experience in personal injury law involving bus accidents, motorcycle, car and trucking accidents. Give Charlie a call today at 317-639-9501 for a free evaluation of your claim.

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Read about Indiana’s Comparative Fault Law here.

Driving through Indiana school zones | Indiana Work Zone and School Zone Injury Lawyers

Driving Legally in an Indiana School Zone

School zone and construction zone accidents in Indiana can be reduced when the laws for driving within the school zones are understood and obeyedThere are more than thirteen-thousand clauses in Indiana code—a plethora of laws to govern our daily lives. People generally want to obey the laws but in certain rare instances, how people go about the business of complying with motoring laws differs from one day to the next and from driver to driver.
On my way to work in the mornings, I usually drive through several school zones, each clearly marked with signs reducing the speed limits to 25 mph or less. And nearly every day drivers demonstrate their own unique interpretation of school zone laws, although the lead car in the school zone often sets the standard for group compliance.

Reduced speeds protect children from accidents caused by motorists and cyclists

It’s reported that Indiana bipartisan legislators have recognized the need to enforce our school and work zone speeds by renewing their push for installation of speed-detecting cameras that would sense and record license plates of drivers exceeding posted speeds in work or school zones. *Read House Bill 1404. Penalties for exceeding the posted reduced speed would include a $300 fine for the first violation. A repeat violation within five years could lead to a $750 fine and further offenses could be fined up to $1,000.

Senate Bill 398, filed by Senator E. Bassler would allow police to issue tickets if they have probable cause to believe a driver illegally overtook a school bus during engagement of the school bus stop arm. This bill passed committee in February, 2015. Read more here.

*Note: HB 1404 was not passed by the 2015 Indiana General Assembly.

How should you drive through a school zone?

Chapter 5 of the Bureau of Motor Vehicles driving manual has only this to say on the topic of driving through school zones:

School Zone Speed Limits

If you are driving near a school, you must slow down to the lower posted speed limit for the school zone. Common hours for school zone speed limits are 7 a.m. to 4:30 p.m., Monday through Friday. However, local authorities may establish lower speed limits for school zones when children are present.

Here are the facts you should know, in question & answer form, when driving through an Indiana school zone:

Where does the restricted speed of the school zone end?

The sign located at the end of the school zone indicates where you may begin acceleration of the new posted lawful speed. Acceleration should not begin prior to the sign signaling the end of the school zone or the new speed limit sign.

Is a reduction in speed required during school holidays?

Indiana Code Section 9-21-5-6 (f)(3) states:

(f) …a speed limit established under this subsection is valid only if the following conditions exist…

(3) Children are present.

City, township, private, parochial, and year-round school schedules operate on unique calendars. Unless a motorist has children attending the school within the immediate school zone or some knowledge of the school’s calendar, how should the driver proceed through the zone?

Unless you have specific knowledge the school within the zone is not in session, maintain the reduced mandated speed. Ignorance is not a defense recognized by the court. However, IC 9-21-5-6(f)(4) states:

(B) June 30, 2012, if the school operates on a twelve (12) month schedule, there must be a sign indicating that the school is an all year school.

What are the fines and/or penalties for failure to obey the laws?

At the time of this writing, exceeding the speed limit through an Indiana school zone is a Class B Infraction, a civil offense punishable with a fine up to $1,000.00.

Plaintiff personal injury lawyers helping people injured or killed in an accident

Ward & Ward Law Firm has spent more than 85 years representing people and family members who have been killed or injured in an accident caused by another driver’s negligence. Our experienced personal injury lawyers have settled and litigated a diversity of plaintiff claims involving:

  • Speed Zone Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Automobile Accidents
  • Bus Accidents
  • Taxi Accidents
  • Ambulance Accidents
  • Truck and Semi Truck Accidents

Call Charlie Ward at 317-639-9501If you or someone you know has been injured or has died in an accident due to someone else’s negligence, give Charlie Ward a call at 317-639-9501 for a free evaluation of your potential legal claim.

By Charlie Ward
Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
Published 03/06/2015

Avoiding a Bus Stop Tragedy | Indianapolis Personal Injury Lawyer

Every year hundreds of children in the United States are severally injured or killed as a result of motorists failing to stop for a school bus when the stop arm is extended and red lights flashing | Bus Accident Lawyers

School bus stop signIt is estimated by The American School Bus Council that approximately 500,000 buses provide transportation for children each school year.  In total, 23 million children ride a school bus to and from school every day. Most children are struck in an area around the bus which is known as “the danger zone.” The danger zone is the area around the school bus which is approximately 15 feet from all sides of the school bus.

Motorists need to know what to do when the bus is making preparations to stop and pick up or drop off a child.

When the yellow flashing light comes on it is a warning to all drivers that the bus is preparing to stop. The bus driver will then pull out the stop arms and the flashing lights will turn red.

What is the law?

State laws requires all motorists to stop for school buses when picking up and dropping off children.   Vehicles in all lanes of travel must stop unless the roadway is divided by a physical barrier or unimproved median.  Generally on a divided roadway, only automobiles traveling in the same direction as the school bus must stop.

Many time drivers are unaware of the law when it comes to stopping for a school bus.  In addition, driver inattention is likely to be a factor for failing to stop.  Cell phones, texting, distractions within the vehicle and ‘zoning out’  are all factors that contribute to the driver’s inattention putting precious children in danger. In Indiana alone the Department of Education reports that in 2014 around 500,000 vehicles ignored stop arms.

What can be done to minimize or eliminate injuries to children?

North Carolina initiated a test program with the installation and use of stop arm camera systems  to catch drivers who fail to stop as required. This program could go nationwide.  In addition, additional warning lights, such as strobe lights could be added to the red lights to get the attention of distracted drivers.

Educating children on school bus safety for entering the zone of danger

Statistically, children ages 5-7 are the most vulnerable to be severally injured or killed because they are the most inexperienced and may impulsively run when entering or exiting a school bus. Before your young child begins taking the school bus, take the time to discuss safety protocol at the school bus stop and upon entering and exiting the bus.

Call Charlie Ward at 317-639-9501Experienced Bus Accident Lawyers

In the end, drivers must always be aware of school buses and anticipate that a child will enter the roadway. If you or someone you know has been injured or had a child injured because of a negligent driver, give me a call at 317-639-9501. Our firm attorneys are here to help you at any time.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
 

Accidents at the bus stop may occur when a driver fails to obey the school bus red “stop arm” warning signal”

How Much is an Umbrella Insurance Policy?

Lawyer for Motorcycle Accident Injury Claims in Indianapolis Indiana 46225An underlying insurance policy may cover damages for personal injuries or a wrongful death as a result of an accident but an umbrella insurance policy will add additional coverage for the same accident at a fraction of the cost.

Umbrella insurance is liability coverage that goes above your underlying  homeowners or auto insurance policy.   It may also be known as excess coverage.  However, it is merely just another “layer” of protection. This type of insurance generally has much higher limits and has a much broader range to cover potential claims for things such as libel, slander, defamation of character, property damages and bodily injury claims.

Is an umbrella insurance policy expensive?

Many do not know about this coverage or if they do, many think it would be too expensive.  WRONG.  In general for about $150 – $300 per year you can buy a $1 million personal liability umbrella policy. For every million above that, the cost is approximately $75 dollars per year. While an umbrella policy protects if you are at fault for an accident it may also cover you for an accident that is NOT your fault.  An example may be where the at fault driver has no insurance (uninsured motorist) or has some insurance but not enough to coverage all your damages (under insured).  Each state has different requirements for insurance liability coverage.  Check with your insurance agent and ask about an umbrella policy.  You may be surprised how much additional insurance protection you can get for such a small cost.

Charlie explains what an umbrella insurance policy does to help protect you.

Lawyers advocating for you!

Call Charlie Ward at 317-639-9501Charlie Ward is a personal injury attorney in Indianapolis, Indiana and represents people who have been injured in auto, motorcycle and truck accidents as well as pedestrian and bicycling accidents, medical malpractice and nursing home negligence claims. If you or someone you know has been injured in an accident or killed as a the result of another person’s reckless or negligent behavior, give Charlie a call today at 317-639-9501 for a free evaluation of your accident claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Data Tracking Device Used as Evidence | Motorcycle Accident Attorney in Indianapolis

Indiana Lawyer For Personal Injury Settlements and Claims - Indianapolis Attorney Wearable ‘Black Box’ Technology Used as Evidence in Accident Claims

A self-tracking wearable device known as ‘Fitbit’  is technologically similar to the “black box” technology found on a vehicle.  Fitbits and other wearable data tracking devices can monitor and track just about everything including exercise, sleep patterns and daily activities such as the amount of time one spends standing or the number of steps taken by an individual per day.  Since black box generated reports can be downloaded and used as evidence in lawsuits and accident claims by either side to support allegations or defenses, it will come as no surprise that  the data received by wearable tracking devices may soon also be used as evidence for settlement negotiations or in courtroom cases.

.

Who will interpret the individual’s data?

An outside analytics company will be used to crunch numbers and define statistical norms from raw data uploaded by the general population. The individual injured person’s data will then be analyzed and compared with the mean of the general population and possibly used as evidence in personal injury cases.  If you are seriously injured in an automobile, motorcycle or trucking accident, the evidence from these wearable devices will confirm a daily lifestyle of restricted activities. Thus, your wearable data tracking device may serve as your own expert witness in your accident case.

Over the past few years more and more wearable devices are coming to the market.  Apple has a product known as HealthKit and Google has one similar for Android users called Google Fit.  It is estimated that 19 million wearable devices will be purchased in 2014. The general rule will dictate if you wear a device which collects personal data, then the production of that data will be requested by the opposing side and required by a court of law if you claim a personal injury.

Technology’s Influence

Call Charlie Ward at 317-639-9501This general rule is similar to evidence that is produced from a cell phone (text) or on social media sites such as Facebook, Twitter, YouTube, Pinterest and Linked In. The technology is here and easier to trace than ever before.

If you’ve been injured in an accident, call Charlie Ward today at 317-639-9501 for a free evaluation of your claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

How Do I Pay My Medical Bills After an Accident?

Overwhelmed by medical bills from my accident – How do I pay my bills?

If you have health insurance, your insurance provider may cover the care you receive from in-network hospitals, doctors and other medical providers. In rare situations where you were taken by ambulance to a hospital that is not in your network, your health insurance may cover the ER bill if you were unable to select an in-network hospital from the scene of the accident. After your health insurance, your medical payment insurance or “med-pay” will help you to pay your medical bills. Check your automobile policy to determine how much med-pay insurance you have.Call Charlie Ward at 317-639-9501

Lawyer Charlie Ward of Ward & Ward Law Firm recommends you purchase as much med-pay insurance as your can afford. Talk with your insurance agent to obtain a quote. Med-pay insurance becomes cheaper the more your purchase. You may be surprised how inexpensive good coverage is when you seek a quote for a higher amount. Remember that medical payment insurance is to your benefit by covering medical bills and medical expenses, i.e. hospital, doctors, radiology, lab work, prescriptions, physical therapy and much more. It can ease the strain of potential economic hardship and/or the loss of your wages after you’ve experienced a wreck or collision.

If you know someone that has been injured in an accident and having trouble paying their medical bills, call attorney, Charlie Ward, today at 317-639-9501.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
(317) 639-9501