Articles Posted in Personal Injury

A 4-year-old was injured in a recent Indianapolis ATV accident. According to the Indy Star, the accident happened at roughly 8:00 p.m. when the 17-year-old female operator of the ATV tried to maneuver sharply around a parked car on the side of Wisconsin Street. The maneuver caused the ATV to flip over on its side.

The young boy rider was thrown from the ATV and suffered from a collapsed lung, a chest contusion and a head laceration. He was first transported to St. Francis Hospital South and later taken to Riley Hospital for Children.

Our personal injury attorneys understand that it’s illegal in Marion County to operate an ATV on a public road. Safety on Indiana off-road areas is the responsibility of everyone. Still, ATV education is not a requirement for riders in the state. But, as trails and recreation areas become more crowded, it’s especially important for people to operate these vehicles safely and responsibly.
Continue reading

Your safest bet for your Fourth of July’s firework celebrations is to grab your friends and your family members and head to a professional public display. There’s a lot less risk of you getting injured and the show will probably be quite a bit more entertaining.If you do decide to set of some fireworks at your home, you’re urged to do so with extreme caution. In the state of Indiana, fireworks can be purchased only by someone who is 18 or older. Once you have them, they can only be used on the user’s property or the property of someone who says it’s okay.

Our Highland personal injury lawyers understand that state law only allows fireworks to be used between 9:00 a.m. and midnight on the Fourth of July. The curfew for fireworks is 11:00 p.m. on all other nights. To get more specific, it’s a good idea to check with local officials to see when you can light off fireworks, as local ordinances may further restrict usage.

Now that you’ve got those rules covered, it’s time to talk about the risks. In 2011, there were close to 10,000 people who ended up in an emergency room because of a firework-related accident. Many of these injuries were burns. More than a quarter of them were to children who were under the age of 15. It’s now more important than ever that we focus on firework safety. So listen up.

Friends and family members are urged to read, review and share the following safety tips to help ensure that everyone enjoys a safe Fourth of July:

-Parents and caretakers should always closely supervise teens and young children if they are using fireworks.

-Remember that sparklers can heat up to close to 2,000 degrees. Keep a close eye on children while in use.

-Make sure that all fireworks are soaked in a bucket of water or under a hose after they’ve been used. They can remain quite hot even after use.

-Steer clear of others — fireworks have been known to backfire or shoot off in the wrong direction. Never throw or point fireworks at someone, even in jest.

-Always have a designated shooter. Remember that alcohol and fireworks don’t mix.

-Make sure the person lighting fireworks always wears eye protection.

-Always remain standing while using sparklers.

-Never relight a firework that didn’t work properly (or is a “dud”) simple discharge this item in or under water.

-Leave the lighting of professional-grade fireworks to trained pyrotechnicians.

-Never throw or point a firework toward people, animals, vehicles, structures or flammable materials.

-Remember to call your local 911 for emergencies.

-Always remember that fireworks have “fallout”- bits of cardboard and clay, so account for that when selecting a location that may be susceptible to winds.

-Do not wear loose clothing while using fireworks.
Continue reading

A recent report from the Associated Press contends that 1 out of every 20 patients who enter a hospital will pick up an infection they didn’t have before they arrived.The rates are higher for those who undergo surgery or some form of intensive treatment requiring intravenous lines.

Our medical malpractice attorneys know that while some hospitals and hospital staffers place reducing infections high on the priority list, many still aren’t doing enough to prevent hospital-acquired illnesses. We’re not talking a simple cough or cold. We’re talking bloodstream infections or superbug viruses that can lead to serious illness and even death.

Bloodstream infections, introduced primarily through intravenous catheters used to deliver nutrition, fluids or medication, account for about 15 percent of all hospital-acquired infections and account for 30 percent of the approximately 100,000 yearly hospital-related deaths. Even for those who do survive such an infection, recovery usually means weeks or months of intensive treatment and brutal side effects.

For a long time, physicians and hospital administrators considered these type of infections, known as central line infections, to be a simply unavoidable risk for those receiving intensive care treatment. However, there has been research showing that infections rates can be reduced to nearly zero by rigorously following a checklist that involves simple sanitary procedures. The proof of this is in the 13 percent of reporting hospitals in the country that have zero central line infection rates. (This is only 138 of 1,068 hospitals that report their infection rates to state authorities; Indiana has no hospitals on that list.)

But this isn’t the only problem. Bacterial and viral “suberbugs” have been gaining intense coverage as of late, for the fact that hospitals are having a difficult time purging their facilities of hard-to-fight germs.

Many hospitals have turned to state-of-the-art approaches to help fight these type of infections, including robots that emit hydrogen peroxide vapors or ultraviolet light. They’re also purchasing antimicrobial linens, wall paint and curtains and providing call buttons, IV polls and bed rails that are made from germ-resistant copper.

The benefits of all of this are debatable, though those making the effort are to be commended. However, all of this may be in no small part due to the fact that insurance companies and in some cases even Medicare are declining to pay bills for treatment of hospital-acquired infections. That doesn’t mean patients won’t be treated, but it means the hospital becomes responsible for those bills. So suddenly, instead of financially benefiting when patients are forced to stay in treatment longer than intended, hospitals will be losing money. That gives them a real incentive to fight back aggressively.

The Centers for Disease Control and Prevention estimate that hospital-acquired infections result in an additional $30 billion each year in U.S. medical costs.

In addition to central line infections, another bug that is receiving a lot of attention recently is C-diff. This diarrhea-causing infection has been linked to some 14,000 deaths each year, according to the Association for Professionals in Infection Control and Epidemiology. While this is easier to treat than some other types of hospital infections, like MRSA, it’s tough to clean away on hospital surfaces. Those facilities that aren’t meeting the minimal standards for sanitation have seen a major spike in C-diff cases.
Continue reading

Many people like to entertain guests over the holiday season, and holiday parties can be great fun for everyone. Unfortunately, things can also go wrong at holiday parties. When guests get hurt or hurt others, tragedy can result and the homeowner or host of the party can be held legally responsible for the consequences.

To keep your guests safe and to protect yourself from legal trouble, our Highland personal injury attorneys have a few tips for you about how to be a responsible party host.Keeping Guests Safe In Your Home
One area where potential legal liability arises is premises liability law. This area of law says that when you invite people over, you have a duty to them. You have the duty to keep them safe from any possible dangers that exist in your home that you either know about or ought to know about. You can do this by correcting the hazard, whenever it is feasible to do so, or by warning your guests that the hazard exists. If you fail to do this and your visitors get hurt, you can be sued. This includes dog bites or other injuries caused by household pets.

As a practical matter, this means when you’re throwing a holiday party, part of being a good host is to repair anything dangerous in your home or to tell your guests about problems. For example, an icy walk should be shoveled so no one slips, and a broken railing either needs to be repaired or pointed out as a possible danger.

Keeping Guests and Others Safe on the Streets
Your responsibility for your guests does not end at your doorstop in Indiana. Indiana has laws commonly known as social host laws. Social host laws are a form of dram shop law; dram shop laws apply to make bar and restaurant owners responsible for serving alcohol to someone who is visibly intoxicated or who is a minor.

Under Indiana’s social host laws, it isn’t just those who sell alcohol who are responsible for the consequences of their choice. People who have parties or provide alcohol to guests, even those over 21 years of age, can become liable to the victim of an accident.

As a homeowner or individual throwing a holiday party, you can become responsible if:

1. You serve alcohol to someone who is visibly intoxicated or who you should know is intoxicated.
2. Your decision to serve this alcohol is a direct or proximate cause of injury or death.

This means that if someone is drunk, you give him alcohol and the individual leaves your house and is involved in a drunk driving crash, you could potentially become legally liable for paying damages.

How to Be a Good Host and Avoid Legal Liability
No one wants to be sued because of a holiday party. As such, when you invite guests over this season:

• Do a basic inspection of your house to make sure there’s nothing dangerous that could cause injury. If you have any obvious hazards, correct them or be sure to warn your guests.
• Either limit the alcohol that you serve, have guests stay over, or find out at the start of the night who the designated driver is.
• Supervise any parties thrown by your teenager to make sure there is no alcohol and that no one leaves your house drunk.

By following these tips, hopefully all of your guests will stay safe both at your party and on the way home and you won’t find yourself starting the New Year facing a personal injury or wrongful death lawsuit.
Continue reading

The holidays are a time when many people opt to visit elderly loved ones in nursing homes. This provides an important opportunity not just for visiting and sharing holiday joy, but also for checking in with the senior in your life and making sure that he or she is OK.

Unfortunately, there are far too many seniors in nursing homes who are not OK because they are the victims of elder abuse or neglect. Our Munster nursing home abuse attorneys want to remind every visitor to a nursing home this holiday season to be on the lookout for potential red flags or signs of trouble that could indicate problems in the nursing home.Elder Abuse a Widespread Problem
While it may seem unthinkable, elder abuse is a widespread problem in Indiana and throughout the United States. While many cases go unreported and it is difficult to get exact figures, estimates from the National Center on Elder Abuse indicate that anywhere between 1 million and 2 million individuals aged 65 and older are victimized by some type of elder abuse or neglect.

Both abuse and neglect can be devastating to a senior’s health and well-being. In fact, the Senior Journal has reported that elderly individuals subject to mental or physical abuse have a three times greater risk of passing away within three years of the abusive or wrongful behavior than a senior who is not victimized by bad treatment.

Spotting Signs of Elder Abuse
Elder abuse can be physical, financial, mental or emotional. It can also include being neglectful and depriving a senior of care. There are a variety of different signs that abuse is occurring and family members should be on the lookout for indicators of abuse. The National Center on Elder Abuse offers some things to be on the lookout for including:

• Pressure ulcers (bed sores)
• Cigarette burns or other unexplained burns
• Lacerations
• Bruises that cannot be explained
• Any injuries that cannot be explained
• Inadequate personal hygiene
• Dirty or unhygienic living conditions
• A significant decrease in weight or signs of malnutrition
• Dehydration
• Unexplained or unexpected mood changes, including depression or anxiety
• Genital bruising or an STD
• Financial transactions that are unusual or that cannot be explained
• Missing property or money

If you identify any of these potential signs of abuse, it is very important that you take appropriate action. The holidays are a time when nursing homes are aware that residents tend to have more visitors than at any other times of the year. As such, even most bad nursing homes will clean up their act during this time. If the nursing home you visit is being abusive or neglectful during this season, things are likely to be much worse at other times of the year.

Indiana provides resources for those who suspect elder abuse through the Family and Social Services Administration. Details on adult protective services as well as on nursing facilities in the state can be found on their website.
Continue reading

Black Friday is a day when retailers try to encourage shoppers to engage in a spending and shopping frenzy.

Unfortunately, sometimes shoppers get out of control. In recent years, shoppers have sprayed each other with pepper spray, fired weapons, and even trampled fellow bargain-hunters and store workers. Serious injuries and even deaths have resulted from what is supposed to be a fun holiday event, prompting some cautious shoppers to give up the entire day and turn to Cyber Monday online instead.

Of course, Black Friday is a long-held shopping tradition, a great way to spend time doing something fun with family after the holiday, and a good time to get amazing deals on some of the years best gifts. There’s no reason to give up the Black Friday fun, as long as you practice safe shopping.To help make sure your Black Friday experience is a safe one, our Highland injury lawyers have some Black Friday safe shopping tips.

Staying Safe in the Black Friday Crowd
While aggressive shoppers and big crowds create a dangerous situation, there are a few things you can do to try to make sure you stay safe:

• Shop with a friend and stay together. You can look out for each other and help each other if one of you trips and falls.
• Wear comfortable shoes that you can balance and walk in easily.
• Note what your friends and family are wearing to make it easier to spot each other in a crowd. You should also plan a designated meet-up spot if you get separated, especially since cellular phones don’t always work in stores.
• Note the exits when you enter into a store and walk away quickly if it seems like there is the potential for things to get out of hand. No deal is worth risking your safety.
• Get help from store employees and security if you feel unsafe or threatened by a crowd or by an aggressive shopper.

The most important thing is to remember good safety principles and use common sense, avoiding getting caught up in the quest for the deals.

Avoiding Crime on Black Friday
Black Friday safety tips center around both staying safe in a crowd and preventing crime during a day when thieves may come out in droves. These safety tips from the National Crime Prevention Council should help to keep you safe from criminals who want to take advantage of the anonymity provided by Black Friday madness.

• Never buy more than you can carry. If you plan to buy large items or lots of items, ask for a store employee to help or bring a friend.
• Don’t take out your credit card or checkbook until you’ve been asked to pay. You may even consider using one-time use or disposable cards for added safety
• Carry your purse close to you, or better yet, leave it at home and have a wallet on your person.
• Keep your eyes out when approaching your car and check around the car and in the backseat. If you’re leaving bags in the car, put them in the trunk or out-of-sight.

Continue reading

Halloween is a holiday that our little ghosts and goblins look forward to all year long. It’s not only a time for our children to dress up in spooky costumes, but it’s also a time they get to carouse the neighborhood for sweet treats.

Unfortunately, Halloween can be a little tricky from a child-safety standpoint. Your child is more likely to be injured, and even killed, in a pedestrian accident during Halloween than during any other night of the year. To help to keep our kiddies safe, our Highland personal injury attorneys are here with some safe Halloween tips from the Indiana State Police.Keeping Costumes Safe:

-Make sure that costumes are short to prevent any trip and fall accidents.

-Try to use face makeup instead of a full face mask. A mask can obstruct your child’s line of sight. This makes it difficult to safely cross the street and tough to go up and down stairs safely.

-Make sure that children’s costumes are light colors. Try putting reflective tape on their costumes to help to make them more visible to drivers passing by.

While Trick-or-Treating:

-Make sure that older children trick-or-treat with friends. Never allow them to trick-or-treat alone. Always accompany young children and everyone should travel in a group.

-Make sure that everyone has a safe route. Never trick-or-treat in neighborhoods that are dark or have dangerous roads.

-Make sure children know to only approach homes that have outdoor lights on.

-Always walk on sidewalks and on driveways. You never want to cut across someone’s front yard.

-Try to start trick-or-treating early. Avoid trick-or-treating after the sun sets and when it gets dark. Motorists are less likely to see you when it’s dark out.

-Give all children flashlights so that they can see where they are going and so that drivers can see them better.

-If your community has designated trick-or-treating hours, make sure that you and your family follow them.

Handling the Goods:

-Make sure children know not to try out any of their candy before they get home or before a parent can look over it.

-Make sure that parents check out all of the candy in a well-lit place.

-Only consume candies that are unopened and are in their original wrappers. Toss out anything that is homemade, is in a different package or just look suspicious.

Drivers are asked to be extra careful when driving around town on Halloween night. Kids are going to be out in force. Make sure you travel below the speed limit to help to protect our young ones. Be ready for them. They don’t always understand the risks for injury that are associated with vehicular traffic. Be their saving grace and travel cautiously.

Remember that local schools, communities and churches even offer some safe alternatives to trick-or-treating. These kinds of programs are designed to keep kids off of the street and away from danger.
Continue reading

There were more than 5,180 reports filed for inadequate nursing home care in the state of Indiana in just the last year!

Sound high? That’s because it absolutely is!

Recent stats with Medicare.gov conclude that the state of Indiana had some of the worst offenders for serious healthcare deficiencies against senior citizens in the nation.

According to ABC 57’s look into South Bend nursing homes, there were dozens of pages of offenses that were noted at the Cardinal Nursing and Rehabilitation Center. In Milton Homes, just right down the road, one of the home’s patients was sexually abused. And a complaint at the same facility alleged a patient didn’t get her meds for more than 10 days. Reporters tried to contact the homes to get their excuses for the inexcusable mishaps, but the homes’ staff was “gone for the day.”Our Highland nursing home abuse attorneys understand that the reports of neglect and abuse in homes across the country have been on the rise in recent years. Homes are trying to take care of more and more patients and aren’t increasing the size of their staff. Not only are they working with a skeleton staff, but many times these staff members aren’t properly trained or are otherwise under-qualified. The state of Indiana comes in 37th in terms of the average quality of care in nursing homes.

Here’s how it all breaks down:

-There are close to 510 nursing homes in the state of Indiana that are certified for Medicaid and Medicare care.

-There are less than 49,320 available beds in these nursing homes.

-At any given moment in time, about 80 percent of these beds are occupied. While this number fluctuates, it doesn’t move by much.

-Only about 15 percent of these homes carry a 5-star rating.

-About a quarter of these homes have a 4-star rating.

-About 20 percent of them come with a 3-star rating.

-Another 20 percent are only ranked with 2 stars.

-Close to 15 percent only have a 1-star rating.

-Believe it or not, 2 percent of our state’s homes have a 0-star rating!

-About 57 percent of Indiana’s nursing homes are owned by not-for-profit organizations.

-Only 2 percent of our state’s nursing homes are operated within a hospital. Most of them (more than 85 percent) don’t offer continuing care.

Before choosing a nursing home for your elderly loved one, we urge you to visit the Indiana Government website. Here you will be able to thumb through Report Cards for all of the nursing homes in the state. This is a system that was created by the Indiana State Department of Health in partnership with the Indiana Association of Homes and Services for the Aging as well as the Indiana Health Care Association.

These report cards are updated every 14 days. Families are urged to check out these report cards and to visit each nursing home in question before making a final decision. Consider cost, consider location, consider staffing and consider these report cards when choosing a home for your elderly loved one.
Continue reading

Not only is it the summer season, when roadside workers are out there working to improve our state’s streets, but we’re also in the middle of Indiana’s fully-funded 10-year highway construction plan, Major Moves.

According to the Indiana Department of Transportation, the Indiana Work Zone Safety Law is being pushed during this time of the year to ensure the safety of everyone in our work zones. If you’re cited for unsafe driving behaviors or disobeying other road laws in a work zone, you’re going to get a citation of $300.

For a second-time offense, you’re going to get slapped with a $500 fine and a $1,000 fine for a third-time offense. Motorists who are busted driving aggressively or recklessly through a work zone face fines up to $5,000. If you end up injuring or killing a worker, you could end facing $10,000 in fines and up to eight years behind bars.We all know that highway work zones can be frustrating at times. But it’s important to remember that these workers are out there to make streets safer for Hoosiers. You’ve seen the orange cones and barrels. They’re not only there to warn you about road work, but to also remind you to practice safe driving habits.

Our Highland accident lawyers understand that dangerous driving habits not only put you and your passengers at risk for an accident, but also increase risks for roadside workers who are out there trying to make driving a little easier for you in the first place.

You’re at serious risks, too. As a matter of fact, four out of every five people who are killed in highway work zones are motorists. There were nearly 15 fatal accidents in 2011. Some of these accidents were noted to be the result of dangerous driving, including improper lane changes, driver fatigue and following too closely.

To help to keep everyone safe, employees completing this road work typically do their jobs during off-peak and nighttime hours whenever possible. For extra safety, they also install concrete barrier walls on busy streets, use electronic message boards, wear protective equipment and use extra police patrols in highway work zones. What’s missing is cooperation from some drivers.

Officials are asking drivers to stay alert behind the wheel and to pay close attention to your surroundings while driving through a work zone. In these areas, lanes change, speeds are altered and workers are oftentimes present. Make sure that you keep it slow and merge into necessary lanes before entering a work zone. This will help to keep traffic flowing safely and smoothly in these areas. You’re also reminded to avoid distractions in these zones and to avoid tailgating other vehicles. Keep your full attention on what you’re doing — driving.

Work Zone Travel Tips from Transportation Officials:

-Avoid distractions, especially the three C’s: Coffee, CDs and Cell Phones.

-Be ready for delays. Leave early for your destination to avoid rushing.

-Select an alternative route if possible and avoid construction altogether.

-Obey flaggers. They’re an extension of the law.

-Never tailgate a vehicle. Allow yourself with plenty of time to react to a road hazard. Reaction time comes with space.

-Check traffic and work zone info before setting out. Try to avoid these areas if possible.
Continue reading