Tag Archives: Ward & Ward

Win 2 Colts Tickets at Love for Lauren Silent Auction | Nov. 14, 2014

Charlie Ward of Ward & Ward Law Firm is donating 2 Colts tickets to the Silent Auction to be held on November 14, 2014, to Benefit Lauren Badua of Fishers, Indiana. The Silent Auction will be held at the “Love for Lauren’s Purple in Paris Daddy/Daughter Dance. “

The tickets to be auctioned are for the Colts vs. the Patriots event at Lucas Oil Stadium on November 16, 2014. We invite you to visit our booth at the Bud Light Tailgate on Georgia sponsored by B105.7 Soft Rock. To learn more about the Silent Auction and Lauren Badua, visit her Facebook page at www.facebook.com/Love4LaurenB

Let’s make this auction a success!

*UPDATE ON SILENT AUCTION

Crash accident attorney donates to community - You can still donate to Love for Lauren at 5th 3rd Bank
Tickets donated by Ward & Ward Law Firm brought a high-bid of $550 to benefit Lauren Badua and her family

A representative from the event reports that the pair of Colts  tickets donated by Ward & Ward Law Firm to benefit Lauren and her family, were sold at silent auction for a high-bid of $550.00. Congratulations on your success!

Our legal team is happy to have been a part of this Fishers community event benefiting Lauren and her family. Thanks to everyone who came out to show your support for Lauren.

The legal team at Ward & Ward Law Firm

A Robust Auto Liability Policy Means Better Protection for Your Family in Indiana

The best auto insurance coverage costs less than the state required minimum amount of insurance protection

Here’s why you should choose the best automobile insurance policy for you and your family’s protection.

Did you know that:Call Charlie Ward at 317-639-9501

  1. One in five Indiana drivers are on the road without insurance (WRTV.com)
  2. There are nearly 350,000 suspended drivers in Indiana
  3. Suspended drivers are almost four times as likely to be involved in a fatal crash
  4. Over 50 % of court cases in Johnson County are for driving while suspended
  5. Over ⅓ of unlicensed drivers leave the scene of a fatal crash (AAAFoundation.org)

Consider this — 1 in 5 Indiana drivers are uninsured.

Indianapols Personal Injury Attorney - Auto Accidents

Indiana law requires licensed drivers to purchase a minimum amount ($25,000/$50,000) of auto liability insurance coverage. The penalty for not obtaining the policy is license suspension. A report from the Insurance Research Council estimates that in 2009, 16 percent of Indiana drivers were uninsured, that’s approximately 1 in every 6.25 drivers. Today, 20% of Indiana drivers, or 1 out of every 5 cars on the road, is being operated without any kind of automobile liability insurance coverage. The growth of uninsured drivers may be due in large part to the economic downturn and sadly, we may see a further increase in the future. With that in mind, it’s a pretty safe bet that insuring yourself and your family for a potential automobile injury caused solely by an uninsured driver is as important as putting your savings in an FDIC insured bank or buying a homeowners insurance policy that will pay full-replacement-value in case of a total loss.  

Is a minimum policy enough to protect my family after an accident with a negligent driver?

Under minimum coverage, the first figure ($25,000) represents the limits a single party who was not-at-fault may potentially recover from defendant’s insurance company; the latter denotes the total amount defendant’s insurance company might pay to all injured parties combined when more than one party has been injured, excluding the policy holder/negligent driver. All automobile liability policies sold in Indiana must also include uninsured/underinsured coverage equal to the amount of liability coverage — unless the insured rejects this coverage in writing.

The following examples demonstrates how a claim for damages and losses might be made against your underinsurance policy if the negligent driver has only the minimum amount of liability insurance.

Example1: If you alone sustain severe or catastrophic injuries in a vehicular accident, through no fault of your own, and the other solely responsible driver has minimal coverage, your attorney will initially demand to settle your claim for the limits of defendant’s policy — in this case, $25,000. If your losses and damages are greater than defendant’s minimal policy and you have underinsurance coverage greater than defendant’s liability policy, your attorney may seek as much as the difference between your policy limits and the limits paid by defendant’s insurance. The difference is the maximum amount you might potentially obtain. You may never receive, in total, more than the limits of your own policy in a claim involving underinsurance.

Example2: If you are injured in an accident caused by an uninsured driver, and you yourself have the minimal legal insurance, the highest amount of compensation you may receive for your personal injuries under your policy’s uninsured motorist coverage, is $25,000. According to New Choice Health.com, a single spinal MRI can cost as much as $8,500.00. How far will the limits of your uninsured liability policy stretch when a single standard procedure costs more than one-third of your uninsured settlement?

Protect your family by purchasing the largest amount of liability insurance you can afford.

After the $25,000 limits of defendant’s policy have been met and payment has been made solely for your injuries, damages and losses, your attorney may seek additional compensation if your situation warrants, from the underinsured portion of your automobile liability policy. Remember, your attorney is only able to seek further compensation if your liability policy is greater than defendant’s policy limits.

For example, from your $100,000/$300,000 underinsured policy limits, you may be eligible to recover as much as $75,000 ($100,000 less $25,000 paid by defendant insurance.)

How much does insurance cost?

Not so surprisingly, the cost per unit of insurance goes down as you purchase more units. Many agents will quote a policy price by inquiring as to how much insurance you carry at this time. I recommend you do a cost comparison of several policies, i.e. 25/50, 100/300 or 250/500. See Ward & Ward Law Firm’s cost analysis for units of insurance.

Your personal injury attorney is here to help you.

Ward & Ward Law Firm has more than 85 years of combined experience helping injured people put back together the pieces of their lives after a traumatic accident involving a motorized vehicle or the loss of a loved one due to the negligence of another. If you or someone you know has been involved in an accident, please call today for a free consultation at 800-639-9501.

By Charlie Ward

317-639-9501

www.wardlawfirm.com

 

Is a Dog Owner Responsible for Dog Bite Injuries and Death Claims in Indiana?

Written by Injury Attorney Charlie Ward

Indianapolis IN Personal Injury Attorney Dog Bite This morning we learned from WRTV.com that on Sunday, July 20, 2014, an Indianapolis infant was killed by his Ohio’s step-grandmother’s American Staffordshire Terrier.Call Charlie Ward at 317-639-9501

Mail Online reported the step-grandmother was caring for the boy when the dog jumped a gate in her Dayton, Ohio home and attacked the infant boy. The grandmother failed in a desperate attempt to stop the attack. The child suffered multiple injuries. An autopsy performed on Monday revealed his death was caused by blunt force trauma.

A complaint had been previously filed against the dog’s owner for an unprovoked attack upon a beagle in June. The pretrial hearing for the June complaint was continued days before the child’s death.

What makes this tragedy so heartbreaking is that it could have been averted had the owner taken immediate action to remove the dog from her home once she became aware of the dog’s aggressive act toward the beagle.

How is liability determined in Indiana dog bite cases?

In Indiana, a dog owner may be held liable for an unprovoked attack if the dog bites an individual while the owner knowingly allows the dog to run free of restraint. A dog owner may also be liable if the dog has a propensity for aggressive behavior that has manifested in the past. More often than not, the owner of the dog will have prior knowledge if the dog has shown a previous inclination of aggressive behaviors such as growling, barring of the teeth or biting. Medical records or eye witness testimony may bear this out during discovery. If the case goes to trial, the judge or jury will ultimately determine liability based upon the evidence.

Strict liability imposes liability on a party without taking fault into account. The owner of the dog is responsible for all damages suffered by a person charged to carry out a duty imposed by state law, federal law or the US Postal Service on the grounds of strict liability. See Indiana Code 15-20-1-3

A conscious reduction of co-contributing factors may alter the number of dog bite related deaths

In December, 2013, The Journal of the American Veterinary Medical Association (JAVMA) published the first comprehensive study on dog bite related fatalities (DBRF) performed since 1970. The sample taken from 256 fatalities over a 9-year period showed a combination of four (4) or more of the following factors were present in 80.5 % of the deaths:

  • No able-bodied person being present to intervene (87.1%)
  • The victim having no familiar relationship with the dog(s) (85.2%)
  • The dog(s) owner failing to neuter/spay the dog(s)(84.4%)
  • A victim’s compromised ability, whether based on age or physical condition, to manage their interactions with the dog(s) (77.4%)
  • The owner keeping dog(s) as resident dog(s), rather than as family pet(s) (76.2%)
  • The owner’s prior mismanagement of the dog(s) (37.5%)
  • The owner’s abuse or neglect of dog(s) (21.1%)

The National Canine Research Council has published an in depth white paper on the above-referenced study entitled Potentially Preventable Husbandry Factors Co-occur in Most Dog Bite Related Fatalities.

Call Ward & Ward Law Firm for a free consultation today

Our attorneys are experienced in handling dog bite injury claims caused by negligent dog owners. If you or a loved one has a potential dog bite claim, we would be happy to discuss your case with you.

Call Charlie Ward for a free consultation at 317-639-9501.

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

Understanding Your Accident-Related Medical Bills | Indianapolis Personal Injury Claim Attorney

An experienced personal injury lawyer will advise you about your medical billsCall Charlie Ward at 317-639-9501

When you’re injured in an auto, motorcycle or trucking accident, a run to the hospital by ambulance, follow-up medical care and therapy can wreak chaos on your finances. An injury requiring a single trip to the hospital will likely generate separate billings from a number of unique healthcare providers as follows:

  • Ambulance
  • Hospital – ER/room charges, tests, blood work, drugs and supplies; may also include x-rays / imaging
  • ER Doctor – Diagnosis and recommendations
  • Radiology – Radiologist charges for reading films / images

Since every accident with injury requires a customized medical approach, your bills may not mirror the sample charges listed above.

As the bills begin to arrive in the mail, the first statement you’ll probably receive will come from the hospital provider and will reflect the total charges to date. If you have health insurance, you may be instructed “not to pay” from the first statement. This is an indication that they have forwarded the statement of charges to your health insurance company and together they will hash out the final charges based upon the contract between the provider and your insurance company.

Shortly thereafter you will either receive an Explanation of Benefits (EOB) from your insurance company in the mail or one will be made available to you online. Your EOB will reflect the original provider charges minus a negotiated “discount” from your health insurance company. This reflects the amount reduced from your bill based upon the insurance company’s contracted rates for the unique services you received. At this time, your deductions will be reflected on your EOB as well as any split, you may have with your insurance provider, i.e. 80/20; 90/10, leaving you with the out-of-pocket charges owed to the medical provider.

It is important that you give your personal injury lawyer all EOB’s from your insurance company that reflect medical charges pertaining to the accident.

Your attorney will work to recover your out-of-pocket expenses on your behalf through the Collateral Source Statute, IC 34-44-1, allowing proof of the amount of money Plaintiff is required to repay into evidence. Your explanation of benefits will outline the amounts owed by you personally to the providers after all amounts have paid on your behalf and all discounts taken.

Experienced injury lawyers will advise you about your medical bills

The law firm of Ward & Ward has over 85 years of combined experience in breaking down the facts of a personal injury claim and working with insurance companies on behalf of their clients. If you have been injured in an automobile, trucking, motorcycle, or bicycle accident, please feel free to call me at
317-639-9501 for a free consultation.

Personal Injury Lawyers Move to Near Southside | Auto Accident Attorney in Indianapolis

Personal Injury Lawyers, Don and Charlie Ward, Move Their OfficesCall Charlie Ward at 317-639-9501

On January 1, 1957, I (Don Ward) started practicing law in the Circle Tower Building on Monument Circle, Indianapolis, Indiana. On December 1, 1994, I (Charlie Ward) joined my father in the practice of law after graduating from law school and completing a two-year clerkship with the Chief Justice of the Indiana Supreme Court, Richard M. Givan. At that time we formed the law partnership of Ward & Ward.

After many years in the Circle Tower Building, we would like to announce that on May 29th we are relocating the law firm of Ward & Ward, to “728 South Meridian Street”. Our new office is on the near south side of downtown Indianapolis within the vicinity of Lucas Oil Stadium and across McCarty Street, just north of Shapiro’s famous deli. Attorneys and staff of Ward & Ward are looking forward to the move. Our new law office building has on-site parking, including handicapped spaces for the convenience of our clients and friends. In addition, our new location offers easy access to I-70 from the east and west and I-65 for north and south commuters. Our phone number will remain the same – (317) 639-9501.

Experienced auto accident lawyers in Indianapolis

We invite you to visit our website at www.wardlawfirm.com and hope that you’ll join us on Facebook where we share news and legal insights that may be of use to you in your daily life. Our Facebook fan page is located at facebook.com/wardlawfirm. By selecting the “Like” button at the top of the page, you’ll receive articles and information that we feel may benefit you, our clients and friends. We look forward to having you personally visit with us at our new location.

WARD & WARD

Donald W. Ward and Charles P. Ward

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

Sovereign Immunity and Tort Claims Against Indiana State Government

Sovereign Immunity and Tort Claims Against Indiana State Government – The Indiana Tort Claims Act

Call Charlie Ward at 317-639-9501

If you reside in Indiana, chances are you’ve heard a lot of talk lately about the Indiana Tort Claims Fund. The debate revolves around the Indiana State Fair stage collapse, the number of victims killed or injured in the accident and the monies available to the victims and families of the deceased through the state fund.

Why does Indiana have a Tort Claims Fund?  The answer to this question stems from our country’s early history and the basis of our legal system. When America was founded, our system of justice was based upon the English Common Law system of our mother country and the principle of Sovereign Immunity. It was an accepted standard of English Common Law that the sovereign “King could do no wrong”. Under this assumption the subjects of the King were unable to obtain legal justice from that which the king—the sovereign governing entity—ruled, without his royal permission.

At the dawning of the twenty-first century, we take it for granted that Americans have the right to hold corporate or governmental entities responsible for personal injury actions that harm or contribute to the harm of others. But it wasn’t until the mid-twentieth century that the Federal government passed the Federal Tort Claims Act (28 U.S.C. §2674) waiving the federal government’s Sovereign Immunity for certain actions. This occurred as citizens began to demand accountability from their government.

On Halloween night, October 31st, 1963, a massive explosion caused by concession propane tanks at the Indiana State Fair Coliseum during a widely attended ice show, killed 74 persons and injured more than 300. An impartial panel commissioned by Judge Dillon estimated that the monies necessary to fairly reimburse injured victims and families of deceased would total $7,502,303. However, a fund of $1,122,480.79 represented the full amount of insurance coverage held by Discount Gas Corporation. After distribution of the insurance fund, more than 350 persons sued the State of Indiana charging that the State and State Fair Board had an implied contract to provide safe seating for ice show spectators. A lower court ruled that the state had no sovereign immunity and the question was then bumped up to the Indiana Supreme Court for a ruling. However, the Supreme Court did not rule on the question of state sovereign immunity when the existing case settled out of court.

It wasn’t until 1969 that the State Supreme Court was asked once again to rule on the issue of Sovereign Immunity of the State in Perkins v. State and again in 1972 under Campbell v. State. Judge Arterburn of the Supreme Court settled the dispute, writing that the State, acting in a proprietary activity, “…could not avail itself of the immunity privilege.”

In 1974 the Indiana State General Assembly enacted the Indiana Tort Claims Act. The law currently in place, Indiana Code, Chapter 3, Section 4
addresses the $700,000 cap per claimant, a $5,000,000 limitation on the aggregate liability for all claimants, and prohibits punitive damage awards. Although the individual awards for personal injury claimants have increased over the years, the total cap of $5,000,000 liability, per incident, to settle wrongful death and personal injury claims has remained the same since 1974.

Today attorneys and legislators are debating the decades old cap and its ability to address the scope of the tragedy. Already one attorney has filed suit claiming the cap denies individuals an equitable award and creates an economic incentive for the state to act negligently in future endeavors. There are those that believe the capped figure capriciously holds down merited awards. However, in the end it is expected that the legislature will have their say. We will watch with interest as the legislature attempts to deal with the Indiana Tort Claim Act and possible reforms.

Charlie Ward is a personal injury attorney experienced in accident, personal injury litigation and wrongful death claims. The law office of Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your acc ident and receive a free analysis of your claim.