Tag Archives: Indianapolis Personal Injury Settlement

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.

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

Elements of a Truck Accident Claim for Damages

 

The damages involved in a truck accident claim | The Truck Accident Lawyers

Truck Accident Claims | The Elements of Damages

When a  personal injury case is filed with the court, your  attorney will list the damages you received from the accident on the Complaint. Due to size and weight variables, vehicular impact with a commercial van, refrigerated truck, load hauling semi tractor or armored vehicle may cause serious harm, severe injuries and even death to those persons who experience an unfortunate commercial vehicular crash.

Generally speaking, an accidental encounter with a commercial vehicle may have, but is not limited to the following elements in a civil suit for damages:Call Charlie Ward at 317-639-9501

  1. Physical injuries –  Bodily injuries are often multiple and severe and may include, but are not limited to internal injuries, catastrophic brain injury, spinal cord damage, broken or severed limbs, temporary and/or permanent physical limitations and/or disabilities.
  2. Medical bills –   including emergency room and hospital services, medical treatment, medical providers, physical therapy, rehabilitation facility, blood work, radiology and medical devices.
  3. Pain & suffering – This may include severe and chronic pain
  4. Permanent impairment rating – May preclude you from returning to your job in the same capacity as before the accident or a reduced wage-earning capacity
  5. Wage loss / loss of earning capacity – past, present and future
  6. Loss of consortium – a claim for loss of companionship which may be made by your spouse
  7. Property damages – includes vehicle and personal property

 Experience negotiating with trucking industry defendant insurance companies | The truck accident lawyers

If you or someone you know has been injured in an accident involving a truck, semi tractor-trailer or commercial trucking van, you want an experienced negotiator or trial attorney working on your behalf. The truck accident lawyers at Ward & Ward Law Firm treat every claim as if it will be going to trial. What does that mean?

Our legal team prepares every case thoroughly from the initial investigation, through the discovery process,call Charlie Ward at 317–639-9501 for a free consultation.

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

Maximizing Settlement Value of Trucking Accident Claims

AutoTruck  Accident Compensation Lawyer Compelling Factors in a Truck Accident Settlement

Trucking accidents impact lives on a large scale and have lasting consequences. When negligence is involved, injured victims deserve full compensation for medical treatment, lost wages, and pain and suffering. Insurance companies may be quick to initiate a truck accident settlement. However, it is essential to consult with an experienced attorney before accepting any settlement offers or else you risk settling for much less than you deserve.Call Charlie Ward at 317-639-9501
 

Estimating a proper settlement in an Indianapolis trucking accident

No two Indianapolis truck accidents are the same. How much your accident settlement is worth depends on a number of factors, including:

  • The extent of injuries
  • How your injuries impact your life and livelihood
  • Where the accident claim is filed
  • The ability of your attorney to present a compelling case

Prior cases and court decisions also weigh heavily on the outcome of an Indianapolis truck accident settlement.

At Ward & Ward, we take the time to understand your complete story and assess the difference in your quality of life before and after a truck accident. We leverage experience and knowledge to obtain fair settlements for accident victims and their families.

Our experienced Indianapolis attorneys maximize recovery

Having the skilled attorneys of Ward & Ward behind you maximizes the value of your settlement in several ways:

  • Access to key resources – We preserve evidence, fully investigate truck accidents, and establish negligence of the other party. We also document the full impact of injuries, including necessary future treatment to ensure bills are paid and families are not left in financial ruin.
  • Specialized knowledge – The trucking industry is governed by complex state and federal laws. At Ward & Ward, we focus almost exclusively on personal injury cases, including truck accidents. So we understand the specifics of Federal Motor Carrier Safety regulations and Indiana laws, including the statute of limitations. Our attorneys pinpoint negligent acts, identify trucking law violations, and determine all potential defendants to help you receive the best possible Indianapolis trucking accident settlement.
  • Leverage with the insurance companies – Even before you file suit, the insurance companies may offer to settle your case. However, an early accident settlement is likely to reimburse only a fraction of total damages. Involving an attorney protects your interests and demands that the insurance companies take you seriously and offer full reimbursement for your losses.

Handling your Indiana truck accident and injury cases

If you or a loved one is a victim of an Indianapolis trucking accident, contact Ward & Ward to arrange a free consultation. We are available to speak with you 24 hours a day, seven days a week.

Famous Quotes by and about Lawyers and the Law

 

Lawyer life is the forum where attorneys post their day-to-day concerns from insurance to litigation.We invite you to comment or add your favorite to the following collection of well-known quotations written by and about lawyers and the law*

*Submissions will be checked for authenticity and relevancy before they are posted.
*Quotations selected for publication are at the discretion of the webmaster.Call Charlie Ward at 317-639-9501


A lawyer without books would be like a workman without tools.

– Thomas Jefferson

If you don’t get a lawyer who knows law then get the one who knows the Judge!.

– Unknown

A lawyer‘s time and advice are his stock in trade

– Abraham Lincoln

The leading rule for the lawyer … is diligence. Leave nothing for tomorrow which can be done today.

– Abraham Lincoln

“I shall not rest until every German sees that it is a shameful thing to be a lawyer.”

– Adolph Hitler

A jury consists of twelve persons chosen to decide who has the better lawyer.

– Robert Frost

Lawyer: One who protects us from robbers by taking away the temptation

– Henry Louis Mencken

The power of the lawyer is in the uncertainty of the law

– Jeremy Bentham

He who is his own lawyer has a fool for a client

– Proverbs

The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer

– Will Rogers

Don’t misinform your Doctor nor your Lawyer

– Benjamin Franklin

Most people aren’t appreciated enough, and the bravest things we do in our lives are usually known only to ourselves. No one throws ticker tape on the man who chose to be faithful to his wife, on the lawyer who didn’t take the drug money…

– Peggy Noonan

Law students are trained in the case method, and to the lawyer everything in life looks like a case.

– Edward Packard, Jr.

The average lawyer is essentially a mechanic who works with a pen instead of a ball peen hammer.

– Robert Schmitt

What a holler would ensue if people had to pay the minister as much to marry them as they have to pay a lawyer to get them a divorce.

– Claire Trevor

A lawyer without history or literature is a mechanic, a mere working mason; if he possesses some knowledge of these, he may venture to call himself an architect.

– Sir Walter Scott

“Don’t give me paper – I can get the same lawyer who drew it up to break it. But if you shake my hand, that’s for life.”

Jerry Lewis

“One of the things I was taught in law school is that I’d never be able to think the same again – that being a lawyer is something that’s part of who I am as an individual now.”

Anita Hill

“In the courtroom, it’s where a lawyer really becomes an actor. There’s a very fine line between delivering a monologue in a play and delivering a monologue to a jury …The best lawyers are really theatrical.”

Woody Harrelson

“Going to trial with a lawyer who considers your whole life-style a Crime in Progress is not a happy prospect.”

Hunter S. Thompson

I’m a lawyer. I go for due process; I go for fairness and equity – these values mean a lot to me.

Mohamed ElBaradei

“Baseball is almost the only orderly thing in a very unorderly world. If you get three strikes, even the best lawyer in the world can’t get you off.”

Bill Veeck

“If there were no bad people, there would be no good lawyers.”

Charles Dickens

“The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.”

Dwight D. Eisenhower

“The magistrates are the ministers for the laws, the judges their interpreters, the rest of us are servants of the law, that we all may be free.”

Marcus Tulius Cicero

“The law is reason, free from passion.”

Aristotle

“It is the trade of lawyers to question everything, yield nothing, and talk by the hour.”

Thomas Jefferson

“Where the law ends tyranny begins.”

– Henry Fielding

Laws are like sausages. It is better not to see them being made.”

– Otto von Bismarck

“I have spent all my life under a Communist regime, and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society with no other scale but the legal one is not quite worthy of man either.”

– Alexander Solzhenitzyn

“Gentlemen, a court is no better than each man of you sitting before me on this jury.”

– Atticus Finch,  from To Kill a Mockingbird

“We protect the unknown.”

– Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
888-639-9501

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.

A Single Text Changes Lives Forever | Car Accident Lawyer in Indiana

A single bad decision can change your life and the life of others – forever!Call Charlie Ward at 317-639-9501

One Text… One simple distraction has the power to cut a long, full life ….. Short. Everyday our lives are filled with distractions! It’s up to each of us to set boundaries, that keep both the roads and our futures safe. Too much life to live, to risk cutting it short from a preventable mistake. #stopthetextsstopthewrecks #wardlawfirm