Archive for February, 2011

Indianapolis Accident Lawyer Discusses Damages For Loss Of Use Of A Wrecked Car or Truck

Monday, February 21st, 2011

In a recent case, a client was injured and their car significantly damaged when a woman disregarded a red traffic light and t-boned the client’s car. Shortly after the crash but before I was hired, the liability insurer for the negligent woman sent my client a letter which stated that the insurer would pay for the loss of use of their car while it was being repaired only if my client actually rented a replacement car, and that they would only pay a maximum of $19.99 per day regardless of the type of car that my client had been driving. This letter is a good illustration of the fact that just because an insurance company says that they don’t owe something doesn’t necessarily mean that it is true.

In Indiana, loss of use damages, which is compensation for not being able to use your car or truck because of collision damage, is measured as the reasonable daily rental value of the particular car or truck that was damaged. Thus, the reasonable rental value can vary widely depending upon the value of the vehicle that was damaged or destroyed. For example, the cost to rent a Porsche 911 Turbo as compared to a 15-year-old Chevy Malibu would be quite different, and so would compensation that is owed for loss of use.

Moreover, under Indiana law it does not matter whether a replacement vehicle is actually rented or not—loss of use damages are still legally owed. In a case that was decided by the Indiana Court of Appeals, an individual’s truck was damaged in an accident and was out of service for 20 days while it was being repaired. However, rather than rent a replacement vehicle, the individual used another car that he also owned. Although the liability insurer for the person who caused the crash claimed that they didn’t owe anything for loss of use because the truck owner had not actually rented a replacement vehicle, the Court ruled that loss of use damages were still owed because the owner did not have the use of that particular truck while it was being repaired. Therefore, whether he actually incurred an out of pocket cost in renting a replacement vehicle was irrelevant.

The Court also noted that if loss of use damages were owed only if a replacement vehicle was actually rented, people who couldn’t afford a rental car would be discriminated against, even though the loss of use of their vehicle may have a significant affect on their ability to get to work or carry on other important activities.

Despite this law, some insurance companies still try to take advantage of people by trying to pay them less than what is legally owed in a claim. So just because an insurance company says that they are only legally obligated to pay this or that, doesn’t necessarily make it true. If you feel that you are being taken advantage of by an insurance company, give me a call for a free consultation regarding your legal rights. Call me toll-free at 1-800-589-9466 or submit the simple form on the Contact Us page.

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James F. Ludlow is an Indianapolis accident  lawyer who is dedicated to helping injured people throughout Indiana and the United States. I offer clients an appropriate balance of aggressive but compassionate representation. My goal is to provide excellent service and to obtain the maximum financial recovery that is reasonable and fair for the particular injury that a client has sustained.

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Meniscus Tears—A Common Knee Injury In Winter Weather in Indiana

Monday, February 14th, 2011

A favorite verse of mine from the Old Testament is Psalm 139:14 which notes that we as human beings are “fearfully and wonderfully made.”  However, despite its amazing design, there are areas of our bodies that are vulnerable to certain types of injuries.  One is an injury to the knee known as a meniscus tear, which unfortunately is a common injury in winter weather.

The meniscus is a pad of tough fibrous tissue in the knee that separates the femur or thighbone from the tibia or lower part of the leg.  The purpose of the meniscus is thought to act as a type of shock absorber as we walk or run, and in combination with ligaments in the knee, enables us to turn and pivot.

However, the meniscus is susceptible to injury when a person slips and falls, thus causing a twisting motion of the knee. This type of twisting motion while weight bearing can cause the meniscus to tear.  In adverse winter weather, many people will experience this type of injury because of an icy parking lot or sidewalk.  This type of injury is also common when a person falls and twists their knee because of water or other slippery substance on a tile floor.

Symptoms of a meniscus tear include pain and swelling of the knee, along with a catching or locking sensation when the leg is extended.  There may also be a sensation that the leg is going to give way when standing or walking.  Not all of these symptoms may be immediately experienced, but may develop in the days or weeks after a fall.

Treatment of a meniscus tear typically consists first of physical therapy, applying ice to the knee, and taking anti-inflammatory medications.  If this treatment does not improve a person’s symptoms, then the next step is usually an arthroscopic knee surgery called a partial meniscectomy in which the torn portion of the meniscus is surgically removed.  Although this surgery usually relieves a person’s pain, removing a portion of the meniscus may predispose the knee to arthritic changes, as well as to further tearing of the meniscus in the future.

If you or a loved one has suffered a knee injury in a fall or auto accident, it is important to have an experienced Indianapolis slip and fall attorney who has a through understanding of your injury and its long-term consequences.  Feel free to give me a call for a free consultation regarding your claim.

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Legal Responsibilities Of An Indiana Property Owner In Winter Weather

Wednesday, February 9th, 2011

During the recent awful winter weather that we’ve been experiencing here in Indiana, I have received many phone calls from individuals who have fallen on ice or snow while at a gas station, apartment complex, or other business and sustained an injury. As many of these individuals had significant injuries such as a broken arm or leg, they were calling me to find out what legal responsibility the property owner may have for their fall and resulting injury.

Under Indiana law, all property owners who invite individuals upon their property for business purposes owe these individuals a duty of reasonable care for their safety. As a practical matter, this means doing something to make the property reasonably safe for winter weather conditions, such as shoveling snow off a sidewalk, plowing a parking lot, and spreading salt or ice melting chemical or some abrasive material such as sand that improves traction for customers who are trying to make their way to or from the business. If the property owner has taken these steps, they likely have met the standard of reasonable care that the law requires.

On the other hand, if the property owner does nothing or does a poor job of clearing ice or snow, they may be legally liable for the injuries of someone who falls.

As every case depends on the facts, if a fall does occur, be sure to report the fall right away to the property’s manager or owner and request that a written report be made. It is also wise is to take pictures of the property where the fall occurred as soon as possible, as photographs taken shortly after an incident can be very helpful in proving whether the property was in a reasonably safe condition at the time. Although most people don’t carry a camera, many cell phones have good quality cameras. Moreover, most cell phones will automatically record the date and time that a photo was taken.

If you or a loved one have experienced a serious injury from a fall, give me a call for a free consultation to discuss whether you have a viable legal claim.  As an Indiana personal injury attorney, I offer free consultations with no obligation whatsoever. My law firm works on a contingency-fee basis, and I don’t get paid unless I obtain a successful recovery for you.

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Indiana Wrongful Death Claims of an Adult With Dependents

Thursday, February 3rd, 2011

In my 23 years in practice as a personal injury lawyer, there are few experiences that are more heart wrenching than meeting a family who has suffered the unexpected death of a loved one, particularly when the person has been killed because of someone else’s negligence or carelessness.

In attempting to compensate the surviving family for this loss, Indiana law provides that if a loved one is killed because of the negligence of another person, their surviving spouse and children who are less than 18 years of age do have a legal claim for final medical, funeral and burial expenses, for the income that the deceased person would have earned in the future, and for loss of companionship, guidance, love, care, and affection.  Typically, such claims have a value well in excess of one million dollars.

If the deceased person was unmarried at the time of their death, the children of the deceased also have a wrongful death claim, provided that there is some degree of dependency upon their deceased parent at the time of their death.  This dependency is presumed to exist if the child is less than 18 years of age.  If the child is 18 or older, this dependency need only be partial, and may consist of even minor financial support and services.  The key is to show a need for some support on behalf of the surviving adult children, and the providing of some support to the adult child by their deceased parent prior to their death.

I have also had cases where an unmarried adult child has been killed and has left surviving parents who were dependant upon their adult child to some degree due to poor health or financial need.  Again, the key is to show a need for some type of support on behalf of the surviving parent and the actual providing of some support by the adult child prior to their death.  This type of claim has become more common as people are living longer and consequently relying upon their adult children to assist them, particularly if they have health related issues.

If you or someone you know has suffered the death of a loved one, it is important to consult with an experienced attorney who is well acquainted with how to prove all of the elements of loss which are involved with a wrongful death claim, such as for example using an economist to estimate the value of services and loss of future income that the surviving family members are entitled to.

If you or a loved one have suffered the loss of a loved one because of another person’s negligence, contact Indiana wrongful death attorney James F. Ludlow Attorney at Law to discuss your case. Call me toll-free at 1-800-589-9466 or submit the simple form on the Contact Us page.

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