Tag Archives: personal injury lawyers

Ward & Ward Law Firm Personal Injury Attorneys Receive Award from Expertise.com

Ward & Ward Law Firm Personal Injury Lawyers Receive Prestigious Award from Expertise.com


Best Personal
Injury Lawyers
in Indianapolis
2016

The attorneys at Ward & Ward Law Firm have been recognized by Expertise.com as 2016Best Personal Injury Lawyers in Indianapolis. Expertise.com connects people in every U.S. city with qualified experts from their own communities. The Seattle based corporation researches every business in the city, then filters out the businesses and professional services that don’t meet the company’s standards of excellence. Businesses that survive the cut are scored on twenty-five criteria across six categories. The categories include reputation, credibility, experience, availability, professionalism and engagement with the community. After the businesses are ranked, the Expertise team personally reviews the highest scoring results and the list of top local professionals are published on their website. Expertise ranked 261 personal injury attorneys in Indianapolis and hand-picked twenty lawyers and their firms to spotlight as the best local experts in personal injury law.

Attorney Don Ward, a graduate of Notre Dame’s Law School, has practiced personal injury and wrongful death law in Indianapolis for more than sixty years. In 1978 and 1979, Ward served as President of the Indiana Trial Lawyers Association, an organization committed to protecting the constitutional rights of open access to the courts and equal protection under the law for all persons in Indiana. In 1975, Ward was elected Vice-President of the Indianapolis Bar Association. He was privileged to serve a number of terms on the Indiana Judicial Nominating Commission and Indiana Judicial Qualification Commission. In 2015, he was presented with the Indiana Bar Foundation’s highest career award as Indiana’s Legendary Lawyer.

Since 2005, Ward’s son, Charlie Ward, an Indianapolis, Indiana personal injury lawyer, has received continuous annual recognition in the Super Lawyers publication. Ward holds the prestigious Martindale-Hubbell AV Preeminent Peer-Review Rating, is Lead Counsel Rated and is ranked by AVVO as a Top Personal Injury Attorney. Indiana State Bar Association member Ward is an advocate for equal access to the courts.

If you or someone you know has been injured or killed in an accident cause by another person’s negligence, call Indianapolis personal injury attorneys, Don or Charlie Ward at 317-639-9501 or 1-888-639-9501 today for a free consultation.

Read more in the press release at PRWeb.

 

Ward & Ward Law Firm has been chosen by Three Best Rated as one of Top Three Personal Injury Lawyer firms in Indianapolis

Tractor Trailer and Wrongful Death Attorneys, Don and Charlie Ward of Ward & Ward Law Firm, have been chosen by Three Best Rated as one of Top Three Personal Injury Lawyer firms in Indianapolis, Indiana

“Ward & Ward Law Firm personal injury and wrongful death attorneys have been selected as Top 3 Personal Injury Lawyers in Indianapolis, Indiana by Three Best Rated. The top 3 local businesses are chosen by category and community. The criteria used for the selection process utilizes the business’ reviews, history, complaints, ratings, satisfaction, trust, cost and general excellence. Categories include doctors, lawyers, restaurants and other professional services in Indianapolis.”

Read the full  press release.

 

Dead Red Law Offers Alternative for Motorcycle and Bicycle Enthusiasts|Personal Injury Attorneys

Dead Red Indiana Law Give Motorcyclists and Bicyclists Alternative to Breaking the Law

In March of 2014, Indiana became the 15th state to add the “Dead Red” law to their books. Indiana Representative, Mike Karickhoff of Kokomo, wrote House Bill No. 1080 that provides:

“…the operator [of a motorcycle, motorized bicycle, motor scooter, or bicycle] may proceed through the intersection on a steady red signal only if the operator:

    (i) comes to a complete stop at the intersection for at least one hundred twenty (120) seconds; and
    (ii) exercises due caution as provided by law, otherwise treats the traffic control signal as a stop sign, and determines that it is safe to proceed.”

The Indiana General Assembly passed the law 84-10.

Few Options for Cyclists Prior to Dead Red Law

Prior to the “dead red” law, when lightweight motorized and non-motorized vehicles failed to trigger a left-turn signal, the operator had one of three choices: 1) wait until a larger vehicle pulled behind them, tripping the scale; 2) make a right-hand turn and return to proceed through the intersection; or 3) ignore the traffic signal altogether and turn left on a red.

An Educated Public May Reduce Motorcycle Accidents in Indiana

ABATE of Indiana (The American Bikers Aimed Toward Education) strives to educate responsible cyclists on motorcycle safety. And because accidents involving motorcycles are often caused by other drivers who admittedly fail to see the cyclist, ABATE seeks to educate all drivers about motorcycle awareness. May is Motorcycle Safety and Awareness Month. On May 5, ABATE of Indiana, along with many other civic organizations, will kick off Motorcycle Awareness Month by hosting an event on the Circle to bring attention to motorcycle awareness.

Personal Injury, Motorcycle and Bicycle Accident Attorneys with Experience

The defenses used by defendant insurance companies to minimize their financial loss and the potential jury bias that occurs when litigating a motorcycle or bicycle injury claim is good reason to seek the assistance of an attorney experienced in motorcycle and bicycle injury cases. If you, or someone you know has been injured or killed in an accident involving a motorcycle, moped or bicycle, call Charlie Ward, an attorney with experience in pursuing claims on behalf of cyclists, at 317-639-9501 today for a free analysis of your claim.

cpw@wardlawfirm.com

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

Motorcycles – Helmets saves lives | motorcycle accident attorney in Indianapolis

Motorcycle Helmets Reduce Injuries and Save Lives | Motorcycle Accident Lawyers in Indiana

May is ‘Motorcycle Awareness’ month. The National Highway Traffic Safety Administration encourages everyone to share the road and urges cyclists to make themselves visible to others.

A brief history of helmet laws and why they vary from state to state

People injured in motorcycle accidents require aggressive legal representation to overcome jury biasIn 1966, the national Highway Safety Act mandated each state enact universal helmet laws in order to receive federal highway construction funding. In 1975, under the authority of HSA, the Secretary of Transportation was about to impose penalties upon the states of California, Illinois and Utah for non-compliance, when lobbyists successfully pressured congress to stop the assessment of penalties on states lacking universal helmet laws. By 1980, a majority of states had repealed the universal mandated laws, favoring a unilateral approach to legislation.

As of 2016, three states, Illinois, Iowa and New  Hampshire, are without legislation regulating helmets. Nineteen states, along with the District of Columbia,  have statutes mandating helmets for all cyclists. The states and districts include:

Alabama, Mississippi, Oregon, California, Missouri, Tennessee, District of Columbia, Nebraska, Vermont, Georgia, Nevada, Virginia, Louisiana, New Jersey, Washington, Maryland, New York, West Virginia, Massachusetts, and North Carolina

The remaining states have passed legislation  that takes one or more of the following factors into account:

  • operator experience
  • operator age
  • passenger age
  • proof of medical insurance
  • cycling horsepower

States laws for helmet use as they stand currently in 2016, can be found at the Insurance Institute for Highway Safety.

Statistics favor ‘gearing up’ with helmets and bright clothing

Statistics from the National Highway Transportation Safety Administration (NHTSA) estimate:

  • Helmets saved the lives of more than 1,600 motorcyclists in 2013
  • 4,668 motorcyclists lost their lives in accidents while over 88,000 suffered personal injuries in 2013.
  • Since 1997, motorcycle deaths have more than doubled
  • Motorcycles are only 2 percent of the registered vehicles nationally, but motorcyclist fatalities are 5 percent of traffic fatalities each year.
  • The percentage of intoxicated motorcycle riders involving fatal accidents is higher than intoxicated drivers.

Helmets minimize injuries and reduce the likelihood of long term brain trauma.

The extent of Indiana’s helmet law requires passengers and motorcycle operators seventeen and younger wear a helmet. However, the Motorcycle Safety Foundation (MSF) advocates protective clothing as the only defense a cyclist has against injury. Reccomendations include a Federal Motor Vehicle Safety Standard (FMVSS) 218 compliant helmet, heavy-duty jacket and pants, boots, gloves, and eye protection.

Experienced Motorcycle and Bicycle Accident Attorneys and Wrongful Death Lawyers

Motorcycle enthusiasts and bicyclists enjoy the same legal rights as every driver on the road, i.e. the right to compensation for injuries, loss of wages, impairment, pain and suffering and all other remedies available by law. (Learn more about jury bias) For more than 85 combined years, motorcycle accident attorneys and wrongful death lawyers, Don and Charlie Ward, have represented plaintiffs injured in motorcycle accidents and the families of cyclists killed because of another driver’s negligence.

The personal injury attorneys at Ward & Ward Law Firm receive no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 to discuss your accident and receive a free analysis of your claim.

By Charlie Ward

cpw@wardlawfirm.com

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

 

Why personal injury lawyers may refuse your case – Failure to Mitigate Injuries | Car Accident Lawyers

Why personal injury lawyers may refuse your case – Failure to Mitigate Injuries | Indianapolis Car Accident Lawyers

why-personal-injury-lawyers-refuse-your-caseAn injured party has a duty to minimize the harm caused by a negligent party. This concept, common to contract and tort law, is firmly entrenched in American jurisprudence.

An insurance policy is a contract between two parties, the insurer and the insured. Insurers expect an injured victim to seek medical treatment and obtain a diagnosis immediately following an accident or an injury caused by the negligence of another person or entity. Insurance companies view the failure to seek immediate medical attention as a failure to mitigate the damages. Why?

  1. An injured plaintiff has a duty and responsibility to receive a diagnosis and treat their injuries, thereby mitigating their injuries and other potential damages; and
  2. Absent a timely medical diagnosis, an insurance adjuster and claims panel cannot know what actions or activities the claimant has performed since the accident that may have acerbated the original injury.

In my law practice, I have learned injured victims often fail to follow-up with a physician soon after a collision. Some fear a doctor will order tests they are not prepared to pay, taking off from work may pose a problem and others do not want a disruption in their lives. They may self-diagnose, thinking the pain and discomfort will get better over time.

Men, in particular, may be reluctant to seek treatment or the advice of their physicians. The American Academy of Family Physicians found that 92% of men polled in an online survey conducted by Harris Interactive, waited a few days before seeking care. Nearly one-third wait “as long as possible” before they seek the care of a physician.

Delayed Symptoms and the Onset of Pain

Immediately following an accident, blood pressure and adrenalin levels surge. This triggers the hyperactivity of opioids in the brain, which may be responsible for the lack of tenderness and pain generally expected after an injury.

In an interview with The New York Times, Dr. Dennis Charney, a psychiatrist at Yale and director of clinical neuroscience at the National Center for Post-Traumatic Stress Disorder states:

“The opioid system of the brain, which can blunt the feeling of pain, is hyperactive…For the brain changes to occur, scientists now say, people usually have to experience the stress as catastrophic, an overwhelming threat to life or safety and one over which they [have] no control… It does not matter if it was…a one-time experience, like being trapped in a hurricane or almost dying in an auto accident…All uncontrollable stress can have the same biological impact.”

When the brain’s chemistry finally returns to the patient’s baseline, varying degrees of discomfort may be experienced. Pain is an indicator that something unusual is occurring in the body. It may be an indication of inflammation or a precursor to a heart attack―but it should never be ignored. If you or someone you know has been involved in an accident, our attorneys recommend you consult with a physician as soon as possible after the collision or injury. Many attorneys will refuse to file a claim if the injured person has delayed diagnosis and treatment.

Experienced personal injury attorneys and car accident lawyers in Indianapolis

The car accident lawyers and personal injury attorneys at Ward & Ward Law Firm have more than 85 combined years of experience practicing  personal injury, wrongful death and medical malpractice law. Call personal injury lawyer, Charlie Ward, today at 317-639-9501 or toll free at 888-639-9501 for a free consultation.

Charlie Ward
Ward & Ward Law Firm, Car Accident Lawyers
728 S Meridian St
Indianapolis, IN 46228
cpw@wardlawfirm.com
Phone: 317-639-9501

Read our reviews: http://www.wardlawfirm.com/indianapolis-personal-injury-lawyers-ward-ward-law-firm-reviews/

Learn about Indiana’s RAP Clause

Why personal injury attorneys and car accident lawyers may refuse your case – Statute of Limitations

Why car accident lawyers and personal injury attorneys may refuse your case – Indiana Statute of Limitations

Personal injury lawyers and the Indiana statute of limitations

Every so often, I receive a call from someone who has been unsuccessful in securing legal representation for their personal injury claim. There are as many reasons why an injury lawyer will turn down a claim, as there are facts and circumstances surrounding the claim. In part 1 of this series, I’ll explain why attorneys may turn down a case nearing the statute of limitations.

Consultation – The Groundwork – Personal Injury Attorney and Car Accident Lawyers

Before a personal injury lawyer agrees to represent a claimant, both parties will meet face-to-face to discuss the potential claim. The attorney will want to study the police report and accompanying eyewitness testimony, review medical records and provider billings incurred to date and examine any other evidence available at this early stage of the process. If liability or collectability is in question, a deeper investigation may be necessary. When an attorney believes a claim has value and has faith in the honesty and integrity of the claimant, they will enter into a contingency agreement whereby the attorney agrees to advance the firm’s monetary and staff resources to pursue the “win” for their client. It is costly to litigate a case. Expenditures made on behalf of the client and their claim may include but are not limited to investigation, research, document preparation, court costs, exhibits, reports, expert witness fees, court reporters, professional fees and costs of mediation.

The Statute of Limitations – Personal Injury Cases

The statute of limitations is a time limit imposed upon a claimant or representative of a deceased person to notice defendants and file a claim with the court against the person(s), entity or entities responsible for their damages. Indiana has a 2-year statute of limitations to file a personal injury claim against parties responsible for their economic, non-economic   and punitive damages. In claims involving a governmental entity, the claimant must file a Notice of Tort Claim within 180 days of the accident. These deadlines begin to run from the date the claimant received the injuries or the claimant’s date of death. Exceptions may be found at IC 34-11-2-4. It is unfortunate when people wait to pursue their claim against the wrongdoer until days or even weeks before the statute of limitations has run. It takes time to review a claim and to mount an effective case. Many lawyers are reluctant to commit their professional time, services and financial resources to a claim filed in haste.

Experienced Car Accident Lawyers | Personal Injury Attorneys

If you or someone you know has been involved in an accident, our firm recommends you consult with an attorney experienced in personal injury matters as soon as possible. The attorneys at Ward & Ward Law Firm have more than 85 combined years of experience practicing personal injury, wrongful death and medical malpractice law. Call Charlie Ward today at 317-639-9501 for a free consultation.

Charlie Ward
Ward & Ward Law Firm, Car Accident Lawyers
728 S Meridian St
Indianapolis, IN 46228
cpw@wardlawfirm.com
Phone: 317-639-9501