Indiana Injury And Family Lawyer Blog

May 21, 2011

Pharmacy Mistakes: Be Aware

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 19, 2011

Dog Bite Prevention Tactics

by Burton A. Padove

With over 4 million dog bites each year, and the majority resulting in the requirement of medical attention, dog bite prevention tactics can be helpful.

Aggressive dogs are considered aggressive when they growl, bark, or lunge forward. There are also specific cases when dogs tend to be more aggressive, including:

• Some dogs become aggressive to protect their property or dog owner.

May 18, 2011

Drug Take Back Day

by Burton A. Padove

Drug Take Back Day was in April set by The American Association of Poison Control Centers. Yet, Drug Take Back Day can be every time you complete taking medication to help ensure your medications do not get into the wrong hands or are resold to someone who may be at risk of injury if they take the drug. This is particularly true for narcotics which are associated with risks when not closely monitored by a physician.

Pill abuse and theft is more common than you may think. Medications were the leading cause of poisonous death in 2009. The vast majority of deaths were adults. The National Survey on Drug Use and Health in 2009 noted that more Americans abuse prescription drugs than the number of Americans that abuse cocaine, hallucinogens and heroin combined.

Proper disposal of expired, unused or unwanted prescription drugs is critically important to prevent abuse and theft. In fact, all medications should be properly stored in your home while you are taking them to ensure they do not get in the hands of your children or other outsiders that are not familiar with proper use, drug interactions, risks or possible side effects.

May 12, 2011

Mass Transit Vehicle Accidents

by Burton A. Padove

Mass transit vehicle accidents fall into a different category when compared to auto accidents. From school busses, to municipal transport, governmental mass transit systems, and private mass transport, the laws protecting the rights of victims in mass transit accidents depends, in part, on the type of transportation and the respective insurance coverage.

Obviously, there are more risks involved with transporting a large number of passengers. In terms of liability for mass transit accidents, governmental laws offer immunity. In some cases, the degree of liability varies as well. State statutes typically govern the laws regarding mass transit accidents. This is why it is extremely important to seek out the advice of a personal injury attorney who is familiar with the laws of mass transit. He or she will investigate your case to determine the validity of your claim in the eyes of the law. Once the preliminary investigation, called the discovery period, is complete, a lawsuit may be filed against suspected liable parties.

Liable parties may include other vehicles involved in the accident, property that created an obstacle and caused the accident, or any other variable that was a factor in the mass transit accident. In the end, there may be limits to liability, but appropriate compensation to ease the burden from suffering following an accident can be comforting with the assistance of a personal injury attorney.

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.

May 8, 2011

Indiana and Illinois Tractor Trailer Accident

by Burton A. Padove

Tractor trailer accidents in Indiana and Illinois are commonplace and can be very harmful to the driver, as well as, any other drivers or passengers in surrounding vehicles. It is not uncommon for the end result to be a severe life changing event for affected families members, let alone those who are injured.

Tractor trailer regulations are governed by the state. While regulations are stringent regarding vehicle maintenance, load limits and other safety precaution policies, enforcement of the regulations is difficult in light of the shortage of regulators, inspectors and troopers on the road. This leaves the safety in the hands of trucking company owners. Trucking company owners are obligated to meet safety standards with every load that leaves their driveways. Trucking company manufacturers are responsible to ensure that all vehicle parts are completely in an operational order. Yet, sometimes, there are defective auto parts and other times, trucking company owner employees may be inclined to cut corners when deadlines to hit the road and deliver goods in a timely fashion are the highest priority.

Personal injury attorneys who manage tractor trailer accident cases know how to access experts who can evaluate all factors that go into to tractor trailer accidents, including: load limit, breaking capacity, operational parts, and weather condition factors that may have impacted the course of the driver.

May 6, 2011

Constructive Trust Notice

by Burton A. Padove

Constructive Trust Notice for all interested persons, the Estate of Cynthia Mae Cashner claims a constructive trust on all

assets owned by Frederick C. Cashner, Jr. No property of any kind is to be removed from the premises located at 371 East Tratebas Road, Valparaiso, Porter County,Indiana. Additionally, no assets are to be used or transferred. Anyone accepting or assisting in the transfer of assets, accounts or property shall do so at their own financial risk and will be held accountable.

This is a notice that I am using in a Wrongful Death Case. It is a very sad situation as a wife was seeking a divorce from her husband in the City of Valparaiso, Porter County, Indiana. On Easter Sunday he shot her to death with an AK-47 at her place of business in Portage, Indiana. Under Indiana Law a murderer cannot inherit from the estate of the person whom he killed. The relevant statute is known as the “Slayers rule” and states as follows: IC 29-1-2-12.1

May 5, 2011

President Obama Signs Revision Law to Support Small Business

by Burton A. Padove

Law regarding a tax compliance measure for small businesses has recently been changed to better help support small businesses. The law revision relates to the former requirement of small businesses to send a 1099 form to companies in which they had to purchase services that exceeded $600.00 annually.

Small businesses had been concerned about the requirement to track and file paperwork for the services in which the company has to purchase over the year in excess of $600.00. Small businesses claimed that the requirement would place hardship on small businesses that would have to take time away from productivity to dedicate time to potential mounds of paperwork. President Obama agreed with the contention of small business owners. Thus, the filing law is no longer a requirement.

Small businesses are the framework of the nation, particularly during difficult economic times. Laws the limit productivity and take away from time that companies can allocate to revenue generation may significantly impair the growth of a small business.

May 5, 2011

Medical Device Recalls

by Burton A. Padove

Medical device recalls do occur so it is important to know that if you are in need of a medical procedure, it’s not a bad idea to ask the physician the following questions:

1) How long the technology been available?

2) Have there been any recalls associated with the technology?

May 1, 2011

Indiana Child Custody Modification Application Questionable

by Burton A. Padove

Indiana child custody modification is a topic of discussion for many divorced parents thriving through career changes which may change their lifestyle or create the need for relocation. The court plays a role in lifestyle changes of divorced parents whenever the alterations in children’s lifestyles change. The court often must reevaluate to determine if the change supports the best interests of the children.

Recently, circumstances changed for an Indiana woman who was originally ordered to be primary custodian of her two children. This woman decided it would be in the best interest of her family to relocate over 30 miles closer to her job location. This decision brought up a contention in the law. Under Indiana law, children have a right to a stable home and the relocation stirred up concerns about the extent of stability due to relocation.

It is true that stability in the child’s environments, such as, the same school, same friends and social activities, offer stability. Of course, the availability of the parent to be home with children is important for stability as well. So, Indiana courts need to evaluate several factors when it comes to modification of custody rights.

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