Personal Injury

August 25, 2011

Students Riding Bicycles and Walking to School Warned of Dangers of Child-Pedestrian Accidents in Indiana

As we recently reported on our Indiana Injury And Family Lawyer Blog, students across the state are heading back to school this month and motorists need to be cautious these young ones on our roadways. A great number of children walk and bike to school, or use these forms of transportation. Motorists are asked to be extremely cautious on our roadways to avoid an accident that results in child injury in Indiana.

“The most precious thing we have as parents is our children. We want to make sure that when our children go to school…they arrive at school safely,” said Sgt. Steve Whitaker with Indiana State Police.Our Highland personal injury lawyers understand the dangers that pedestrians face on our roadways. These risks are greatly increased when the pedestrian is a young child. Young children don’t fully understand the workings, patterns and dangers of passing traffic. We ask that all motorists be extreme cautious during the school year to help keep our young ones safe.

Here are some safety tips, from the National Safety Council, for your child that is walking to school this school year:

-Remind you child to always use a sidewalk if one is available.

-If there is no sidewalk for your child to walk on, make sure that they know to always walk facing traffic.

-Remind them that they should always cross the street at an intersection or at a street corner.

-Always accompany children that are 10-years-old or younger on their walk to school.

-Make sure that your child knows to look both ways for oncoming cars before stepping into the road to cross the street.

-Make sure that they continue to look left and right as they’re crossing the road.

-Require that your child walks across the road. Never allow them to run. Running makes them more likely to trip and fall in the path of traffic.

Students that ride a bike to school need to be cautious as well. Parents are urged to talk to their young students about the following bicycle safety tips:

-Make sure your child always wears a helmet.

-Check to see if their helmet fits correctly. You should only be able to fit the width of two fingers between their eyebrows and their helmet.

-Make sure that your child is familiar with the bicycle laws in your area.

-Require that they always bike on the right side of road. Multiple bikers should always ride together in a single file-line traveling in the same direction as traffic.

-Bike riders should come to a complete stop before crossing the road.

-Bicyclists should not cross the street until they’ve received an okay from stopped motorists.

-Make sure your child is wearing brightly colored clothing so motorists are more likely to see them.

-Ride with your child if they’ll be traveling before the sun rises or after it sets.

-Make sure your child’s bike has lights and reflectors.

-Practice bike riding with your child so they’re more experienced and knowledgeable when they hit the road alone.

According to the National Highway Traffic Safety Administration, traffic accidents are the number one cause of death for children between the ages of 3 and 16. This cause of death accounts for approximately 20 percent of fatalities of young ones ages 5- to 9-years-old. Your child is most likely to be involved in an accident with a motor vehicle mid-block and within residential neighborhoods. Talk with your child and make sure they understand the importance of safe travel habits. Again, we wish everyone a safe and happy school year!
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August 15, 2011

Students Head Back to School and Risks of School Bus Accidents in Indiana Increase this August

by Burton A. Padove

It’s that time of the year again when students head back to school. It’s also a time when we start seeing more injuries and deaths as a result of school bus accidents in Indiana and elsewhere in the country. In an attempt to reduce the risks of potentially fatal accidents involving our big, yellow buses, the Indiana State Police has issued a number of school bus safety tips that parents are urged to review with their children.Our Highland personal injury attorneys understand that more than 25 million young students across the country ride the school bus to school every year. Unfortunately, there are a number of injuries and deaths each year because of accidents involving school transportation. It has been estimated, by the National Highway Traffic Safety Administration (NHTSA), that more than 130 people die every year as a result of traffic accidents that involve a school bus. The Administration also estimates that roughly 11,000 people are injured in these incidents.

To help keep our young bus riders safe, the Indiana State Police offers the following school bus safety tips:

-Make sure that your child can fit everything that they need to take to school with them in their backpack so there are less distractions for them while boarding the bus.

-Make sure they’re at least 5 minutes early to the bus stop so that they’re not forced to rush.

-Always make sure that young children are supervised by a responsible adult at the bus stop.

-Make sure that your child knows to wait at least 3 giant steps, or 6 feet, away from the road when waiting for the bus to arrive.

-Require that your child stays on the curb until the bus driver signals to them that it’s okay that they approach the bus.

-Tell your child that if they drop something near the bus to alert the bus driver and never to bend down and grab it. A number of accidents happen this way, when a bus driver can’t see a child near the bus.

-Make sure you’ve secured all your child’s draw strings. This way they won’t get caught on the bus’ door or handrail when getting on or off the bus.

-Remind your young student to talk quietly when they’re on the bus.

-Make sure your child knows the importance of keeping the bus’ aisles clear.

-Tell your child that they are to remain seated on the bus and to keep their hands, arms, head and other objects in the school bus’ windows at all times.

Recent analysis of statistics concluded that the people that are most likely to be injured in a school bus related accident were people that were on the bus (46%). About 41 percent of the injuries were sustained by those who were in other vehicles and the remainder of the injuries occurred to bicyclists, pedestrians and other unknown persons.

The Indiana State Police will also be conducting a number of bus safety inspections throughout the year. They conduct safety checks each fall and winter. They’re also likely to conduct spot checks and post-crash inspections to help ensure the safety of your child and the safety of other travelers throughout the entire school year.

We’d like to wish all of our young students a safe and happy school year and remind everyone to keep safety as a top priority.
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August 2, 2011

Patient Warning for Prescription Drug Use

by Burton A. Padove

Prescription drugs are often a target of litigation for a variety of reasons. In some cases, risks relating to prescription drugs are not disclosed to the patient through the drug label so patients cannot truly make an informed decision about the drug to weigh the risks against the benefits. In these cases, a lawsuit may be appropriate if the patient experiences a serious illness when the risk becomes a reality. In other cases, the drugs are not properly manufactured which may lead to an improper dosage that may pose a risk to a patient. There are other several reasons why a lawsuit may be brought against the manufacturer of a drug when it relates to a life threatening illness that a patient encounters after taking the drug. So, the following tips are designed to assist in in preventing the risk of a life threatening illness from a prescription medication.

Ask your physician to describe the risks and benefits associated with the medications you are being prescribed.
View your prescription before you leave your physician’s office. If the names of the drug, dosage or directions are not legible to you, ask the physician to clarify and write it down for your own records.

July 1, 2011

NO TEXT AND DRIVING INDIANA ALERT

by Burton A. Padove

Effective today, it is now illegal to text or email and drive in Indiana. Doing so is now an infraction subjecting the unsafe and negligent driver to a $500 fine. It is hoped that the new law will lessen driver distraction and decrease many car accidents caused by the failure of drivers to keep a proper lookout as they read, text and drive.

Indiana lawmakers indicated that the law against texting will prevent many auto accidents especially among teenagers that can cause serious injuries, damages and even wrongful deaths. However, the law does not prohibit game playing, picture taking and even surfing while driving!

Fortunately, Indiana has other laws that an injury lawyer can rely upon in helping clients. A distracted driver may not realize that they are speeding or approaching areas that require speed reduction for the safety of other drivers and their own passengers. The Indiana Vehicle Code requires that the driver of each vehicle shall, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, approaching and going around a curve, or hill crest, while traveling upon a narrow or winding roadway and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

May 25, 2011

Indiana Physician Sited for Charging Patients for Treatment Not Rendered

by Burton A. Padove

Indiana physician Mark Weinberger must now contend with over 20 criminal counts of billing insured patients for treatment he did not perform. The U.S. Judge Philip Simon in the Northern District of Indiana recently rejected a plea agreement in which Mark Weinberger’s attorney suggested he receive four years in prison for his dishonest behavior. Collectively, all charges suggest that Mark Weinberger may be facing 220 years in prison to account for every break in the law. The District’s chief judge concluded that four years in prison was not substantial enough to cover over $300,000 in damages resulting from his behavior.

The precise charges that Weinberger faces is that he committed fraudulent billing, during the time that he directed the Merrillville Center for Advanced Surgery LLC and Nose and Sinus Center LLC. In addition, he is facing hundreds of medical mal practice claims and nearly 6 million in creditor claims. The story first began in 2004 when one of his patients died and he abandoned the country days later. His return to the U.S. did not go without a hunt because he failed to surface until he was discovered five years later in the Italian Alps.

Federal court docket records reflect that the plea deal was too lenient in light of the devastation that was caused by his actions.

May 21, 2011

Pharmacy Mistakes: Be Aware

by Burton A. Padove

Pharmacy mistakes have been vastly reduced with the assistance of computerized systems that monitor and track patient data, including: past medication history, current medication history, and the potential interaction between drugs, including: side effects associated with drugs you are taking or will be taking.

This provides for labels to be automatically printed with vital information to help you make well informed decisions about the medications you are taking or plan to take. Pharmacists are then obliged to review information about new medications you are taking and remind you about pertinent information regarding medications you have already taken, if necessary.

This system helps to reduce the risk that you will suffer from a complication if you take more than one drug since some drugs negatively interact with each other. This system also helps to inform you about restrictions while taking medications and ways to possibly reduce risks from medications. Your physician will also consider other drugs you are taking and possible side effects before writing a prescription for a new drug.

May 10, 2011

Passengers in Auto Accidents

by Burton A. Padove

Passengers in auto accidents may be entitled to legal claims for damages they suffer from, but the extent of compensation varies, depending upon allowances in the insurance policy (ies) of the car owner(s) involved in the accident. In some cases, insurance policy limits may extend to uninsured and underinsured motorist coverage. Insurance policy limits may also extend to the passenger’s insurance policy.

First, the cause of the accident is determined by the insurance adjustors at the companies of policy holder who were involved in the accident. So, it is important to seek out the advice of a personal injury attorney before you speak to any insurance adjustors. Statements you may make may be misconstrued by insurance adjustors in an effort to limit liability for an insurance claim. After insurance adjustors determine the circumstances surrounding the accident, a decision is made about the liability of each party involved in the accident.

If you have suffered a serious injury as a passenger in an accident, typically your healthcare needs will extend over the course of several months. For this reason, insurance companies may offer an early settlement to forgo long term expenses associated with your care. Typically, it is wisest to wait until you reach maximum capacity again and at that time it can be determined if you have a permanent disability rating. Once a permanent disability rating is calculated, a scale is used to determine the extent of financial compensation you may be entitled to.

April 26, 2011

Benzocaine Deaths Rise

by Burton A. Padove

Benzocaine is used by babies to reduce teething pain and by adults for cancer sores or gum irritation. Yet, there has been a scare dating back to 2006 when many infants died and their deaths had been linked to benzocaine use. Now, since the death toll has risen to 319 deaths, the Food and Drug Administration has announced another warning about the use of benzocaine. In fact, Veteran’s Administration medical centers have abandoned the use of benzocaine. As more organizations and people join together in the fight against the use of benzocaine, gels, sprays and liquids, one day perhaps, all need not worry about the risk of a baby, typically younger than 2 years of age dying from benzocaine. Adults and seniors may also be at risk when it comes to benzocaine. If you or a loved one has had any of the below mentioned symptoms within two hours of taking benzocaine resulting in serious injury or death, you may be entitled to financial compensation due to a violation of your legal rights, including:

• Headache

• Dizziness or lightheadedness

April 21, 2011

Indiana Superior Court Partners with IHCDA to Support People Facing Foreclosure and Lenders

by Burton A. Padove

Indiana Superior Court recently partnered with IHCDA to provide a secure Internet portal to enhance faster, more efficient resolutions for mortgage lenders and people facing foreclosure.

The mortgage crisis has vastly affected thousands of lives, both from the prospective of the lender and the borrower. The foreclosure process is often inhibited when people facing foreclosure are not aware of the documents required or know how to properly present documents that allow for a timely, efficient and mutually beneficial resolution to the foreclosure.

The Indiana based Internet portal enhances the chance of a successful settlement agreement by providing a means to bridge the information gap between mortgage lenders and borrowers challenged by foreclosure. During the mediation process, borrowers will know how to submit documentation to housing lenders. This information is not part of the court process but meets requirement for settlement negotiations.

April 10, 2011

Law Briefs Must Meet Word Count Specs by the 7th Circuit Court of Appeals

by Burton A. Padove

The 7th Circuit Court of Appeals indicated that an appeal may be dismissed when the law brief supporting validity of the claim does meet specifications for the appropriate word count. Recently, Scott Memorial Hospital contended that a law brief for a False Claims Act lawsuit exceeded the word count limits by 4,000 words. In fact, the Judge in the case remarked that heading, footnotes and quotations are all inclusive in final word counts. The Judge issued a warning for this case, but did conclude that the material in the law brief did not provide justification for the appeal. In such cases, the oral presentations focused on stating the validity of appeals claims may be delayed when the descriptive law brief does not meet the guidelines of the court.

Law briefs must be presented in a clear and concise format. Law briefs must also deliver a clear and concise message, founded on the basis of facts, not propaganda. The best lawyers invest time and research into the preparation of law briefs to deliver informative useful information that supports the validity of the claim. There have been instances where people have attempted to prepare their own law briefs, only to be turned away causing delayed action, when the law brief does not meet the specifications of the court.

In law school, lawyers may take courses to learn how to properly write law briefs. They may participate in continuing education courses to be kept up-to-date with new laws and relative information that supports the justification for their clients’ law suits. Failure to meet the requirements of the law and the guidelines of the court is considered flagrancy in the eyes of the law.