Attorney Blog

Indiana's First Winter Storm Brings with It Traffic Accidents & Injuries

Sun, 29 Jan 2012 08:00:00 EST

When it comes to winter weather, Indiana had been spared so far this season – that is, until a major storm slammed the region last week, causing mayhem on the state’s roads, highways, and interstates. Although most areas only reported three to four inches of snow accumulation, police say that strong winds and blowing snow caused a high number of serious traffic accidents. All in all, one person was killed in a weather-related car accident, while another resident was critically injured.

According to Indiana State Police, the fatal Indiana car accident took place on Thursday afternoon on Highway 33 in Fort Wayne on icy roads. One car slid into an oncoming car in the opposing lane, killing 31-year-old Eric Sitcler of Fort Wayne.

Also on Highway 33, a dump truck traveling in Allen County lost control on wintery roads and clipped a tractor-trailer, which in turn collided with an SUV. The driver of the smaller vehicle was ejected from the vehicle and remains in critical condition at a local hospital. The driver of the dump truck left the scene of the accident. Police believe that snow, wind, and low visibility contributed to the crash.

The season’s first winter storm is a reminder to all of us to slow down and make deliberate movements when driving in snow or, better yet, to stay out of the storm altogether.

If you have been injured in a Fort Wayne car accident and would like to learn more about your case, call the Indiana car accident attorneys at Keller & Keller today to request a free meeting.

Should Speed Limits Be Lowered on Greene County Roads?

Sat, 28 Jan 2012 08:00:00 EST

Two families are in mourning after a double-fatality car accident on a country road outside of Lyons in Greene County, Indiana. At the same time, Indiana officials wonder if the similar future car accidents on the county’s two-lane highways could be prevented by lowering the roads’ speed limits.

The deadly Indiana car accident took place on January 3 of this year when a couple and their two children were traveling on County Road 200 South (Old Lyons Road). An oncoming car, driven by a Jasonville woman, left her lane and slammed head-on into the vehicle. Both drivers were killed instantly in the accident while a woman and her two children suffered serious multiple injuries in the crash.

Could the fatalities have been prevented if not for the county’s posted speed limit of 55 miles per hour? District 3 Commissioner Rick Graves believes that a lower speed limit on all county roads will save lives, and plans to start a discussion regarding the meeting at the upcoming commissioners meeting. Greene County Sheriff Terry Pierce agrees that the speed limit should be lowered on most county roads, telling reporters that 55 miles per hour is not a safe speed for the highways, especially considering the increasing traffic on the roads and other factors.

Have you or a loved one been harmed in a car accident on a county road – or in any type of traffic accident in Indiana? You may wish to speak to an Indianapolis car accident attorney about your options for compensation and legal action. Call Keller & Keller today.

The Most Dangerous Truck Routes in Lake County & Porter County

Wed, 28 Dec 2011 08:00:00 EST

Anyone who lives in the Chicago Area or Northwest Indiana knows that the area is one of the busiest places in the country for commercial trucks, semis, 18-wheelers, and big rigs. Now, a new study based on federal transportation crash data shows just how dangerous these heavily traveled truck routes can be both for truckers and for those in passenger vehicles.

Below, examine Illinois and Indiana truck crash data in Lake County, Porter County, and other suburbs affected by the area’s truck routes. All data was collected between 2000 and 2008.

Gary recorded almost 1,700 commercial truck accidents in eight years, resulting in 40 fatalities. The most dangerous truck routes in Gary are Interstate 80 and Interstate 94.
Hammond saw 1,627 big rig accidents and 26 related fatalities. Interstate 80 and Interstate 94 were the most likely locations for truck accidents.
Thornton and Thornton Township dealt with 1,049 truck accidents between 2000 and 2008, along with 30 truck accident fatalities. These accidents were most likely to happen on Interstate 294
Valparaiso recorded 391 truck accidents and 13 truck crash deaths, most of which took place on Route 30.
Portage saw 363 18-wheeler crashes and 13 truck accident fatalities. The most dangerous truck route was I-80/I-94.

Have you or a family member been harmed in an Indiana truck accident or Illinois big rig crash? It is important to speak with an area personal injury attorney about your crash and whether you may deserve compensation. Call Keller & Keller today.

Two Indiana Teens Could Face Charges after Fatal SUV Accident

Wed, 28 Dec 2011 08:00:00 EST

After a 12-year-old Indiana boy died in a car accident involving an under-aged driver, both the driver and the owner of the vehicle could face criminal charges.

According to local news sources, a group of teens was hanging out at a home in Warren, Indiana, on Friday, December 9, when a 17-year-old male gave his car keys to a 14-year-old boy. The teen, along with 12-year-old Cory Downhour and a 13-year-old girl, climbed into an SUV and drove it down a dirt road. The unidentified boy lost control on a stretch of icy road and the SUV fell into a deep ditch. The accident took place just before two in the morning on Saturday.

Downhour was pronounced dead at the scene of the Warren car accident. The two other teens both suffered serious injuries, including broken bones, but have since been released from the hospital.

The 14-year-old could face a charge of operating a vehicle without a license, while the older teen could face a charge in which he allowed a driving violation to take place. Police don’t believe alcohol was involved in the accident, but all of the teens are being tested for drugs and alcohol.

This tragic story is a reminder that it is important to supervise teens – and that a fatal car accident could be partially your fault even if you aren’t in the car.

Have you or a loved one been harmed in an Indiana car accident? Speak with an Indianapolis personal injury attorney today to discuss your case.

Indiana Toll Road Crash is Scene of Past Accident Fatalities

Thu, 24 Nov 2011 08:00:00 EST

This month we covered the tragic car accident in which seven family members were killed and four others were injured on the Indiana Toll Road. The deadly Elkhart County crash took place when a minivan filled with ten people struck a deer in the road only to be struck from behind by an 18-wheeler who could not slow for the disabled vehicle.

Killed in the accident were 21-year-old Maria J. Yupa, 8-year-old, Edwin Quizhpe, 6-week-old Franklin Quizhpe, 52-year-old Pedro Chimborazo, 15-year-old Pedro Chimborazo Jr., 26-year-old Maria Chimborazo Pinguil, and 8-year-old Jessica Chimborazo.

Accident records reveal that the particular stretch of road where the fatal Indiana minivan accident occurred has a history of similar accidents:

Five years ago, eight people were killed and two others were injured in a single crash just a mile from the site of the crash.
Six years ago, three family members traveling in the same car were killed in an accident one mile in the other direction.
Six years ago, five people were killed in a five-car, chain-reaction crash.
Seven years ago, four people were killed in a six-vehicle accident involving a tractor-trailer two miles away.

If you have been injured in a traffic accident on the Indiana Toll Road or in a car accident in Elkhart County, it is important that you understand who was at fault for the crash and whether or not you deserve compensation for damages. Call the Indianapolis car accident attorneys at Keller & Keller to learn more about your accident.

Indiana Company Faces Fines after Radio Tower Worker Death

Sat, 19 Nov 2011 08:00:00 EST

After two men were killed during the construction of a radio tower near Colburn, the Indiana Occupational Safety and Health Administration (IOSHA) has concluded its investigation of the fatal worker accident and proposed over $90,000 in fines regarding the worker safety violations it discovered.

In April, 32-year-old Paul Aliff and 29-year-old Ernesto Garcia were building the WXXB radio tower in Tippecanoe County as employees of ERI, Inc. when they both fell an estimated 340 feet to their deaths. The IOSHA found during its Indiana worker death investigation that the company had nine work safety violations, including four knowing violations and five serious violations. Specifically, the company did not provide the two men with adequate fall protection, did not provide a weight limit for the basket the men were working in, and did not have the basket designed by a qualified person.

ERI responded to the violations and fine related to the Colburn construction site accident by saying that it disagreed with some of the IOSHA findings. The project was completed in the months following the radio tower fall accident.

Construction workers face some of the most dangerous working conditions in the state - and they are even more prone to accidents when their employers do not provide them with a safe work environment. If you or a loved one has been harmed in an Indiana construction accident, speak with an Indianapolis accident attorney at Keller & Keller today.

Social Security News from the NOSSCR Conference

Thu, 17 Nov 2011 08:00:00 EST

I attended and was privileged to speak before the November 2011 NOSSCR conference in San Antonio. NOSSCR (National Organization of Social Security Claimants Representatives) is the premier organization for Social Security attorneys and it is my feeling that anyone proceeding on a disability claim be represented by an attorney who both is member of NOSSCR and participates in these conferences on a routine basis.

The Social Security Administration always participates in these conferences, providing a sort of status report on how they think they are doing. This conference was a little different. Glenn Sklar, Deputy Commissioner for the Office of Disability Adjudication and Review (ODAR) appeared by video instead of in person, announcing that he had been grounded due to budget. Much of the presentation dealt with "progress" of the agency in decreasing the backlog of cases waiting for hearing, by increasing judge productivity, adding staff, technology with the strong theme that they believed they were doing just great!! He addressed the growing use of video hearings to address backlog, which are controversial the NOSSCR membership. The word expressed over and over was "quality." Sklar announced a goal of 270 days processing time for hearings, however neglected to indicate whether the often lengthy wait for a decision after hearing was included in that number. However, it is clear that the waiting time has been somewhat reduced. What I question is the "quality" of the decision making.

The information presented next by Patricia Jonas, Executive Director of the Office of Appellate Operations illustrates my point. She is responsible for caseload after a case had been heard by an Administrative Law Judge. If a claimant is still unhappy, they can appeal to the Appeals Council and beyond that to the federal courts. Just in the 2011 fiscal year, Appeals Council filings increased by 34.7%. Really? This is a huge increase and does not support progress and "quality."

Illinois Medical Malpractice Information Back Online after Legal Issues

Sat, 29 Oct 2011 08:00:00 EST

The online database that allows patients to access Illinois medical malpractice information is officially back online after facing months of legal barriers.

The online Physician Profile website was taken down in 2010 after the Illinois Supreme Court ruled that the new medical malpractice reforms were unconstitutional. However, in August, Illinois Governor Pat Quinn signed a new law, the Patient Right to Know Act. The law allowed the online database to become available once again, while also giving doctors and chiropractors the opportunity to review their profiles and fix any issues or misstatements.

The database, which patients can access through the Illinois Department of Financial and Professional Regulation's website, allows visitors to search the profiles of 46,000 medical professionals in Illinois and review their history of disciplinary action and medical malpractice. Illinois officials hope that the online information will help patients make more informed decisions about their medical care and perhaps prevent medical malpractice incidents before they happen.

At Keller & Keller, we believe that the more information a patient or potential patient has about their physician or chiropractor, the better. We encourage everyone to visit the website and learn more about the doctors in their lives and in their area. And remember: if you believe that you have been harmed by a doctor's mistake or hospital error, speak with an Illinois medical malpractice attorney today about your case.

Illinois Supreme Court Reverses Car Accident Lawsuit Decision

Sun, 09 Oct 2011 08:00:00 EST

The Illinois Supreme Court has reversed an earlier jury decision regarding a $43 million product liability case against Ford Motor Company. While a 2005 court case concluded that Ford's Lincoln Town Car suffered from a dangerous design flaw, the Supreme Court judges disagreed.

In 2003, Dora Jablonski and her 73-year-old husband John Jablonski, were traveling on the highway when they stopped for road construction traffic. A distracted driver rear-ended their vehicle traveling between fifty and six miles per hour, causing an object in the trunk of their car to pierce the gas tank. A car fire resulted, killing John and severely burning Dora. In the wake of the deadly Illinois car accident, a jury rewarded Dora with $43 million, agreeing that Ford had been irresponsible by placing the gas tank of the car so near to the trunk.

This week, however, the Supreme Court reviewed the evidence during an appeal and sided with the automobile company: there was no solid evidence that the placement of the gas tank caused the car fire, and that the real cause of the crash was the distracted driver who struck their vehicle.

If you have been seriously injured in an Illinois car accident, there is a possibility that the poor design of your vehicle could have caused your accident or your injury. If you believe that a car company could be responsible for damages in your Illinois traffic accident, it is vital that you speak with an experienced, knowledgeable Illinois personal injury attorney today.

Muncie Family Sues After Doctor Gives Baby Unwanted Circumcision

Thu, 29 Sep 2011 08:00:00 EST

An Indiana medical malpractice trial will begin on Monday involving a Muncie family whose son underwent a circumcision surgery against their wishes.

The Delaware County medical error trial will begin on October 3, when a jury will hear both sides of the story. The mother of the baby boy in question will argue that her doctor knew that she did not approve of the procedure but went ahead with the unnecessary and elective surgery anyway. The physician defendant in the medical malpractice case, Dr. Michael Burt, said that he did not simply ignore the family’s wishes and force a circumcision on a baby.

The Muncie medical malpractice case was filed eight years ago. A similar lawsuit has already been settled with Ball Memorial Hospital where the birth of the child and the surgical error took place.

It is important to understand that medical malpractice cases don’t always involve a direct injury to the patient. While the alleged medical mistake above did not result in permanent damage to the child and did not injury the child, it will change the boy’s life significantly. In addition, the surgery was not necessary and was not wanted by the family.

Have you or a loved on been subjected to an unnecessary surgery or to a medical procedure that you did not agree to? You may have a medical malpractice case. Speak with an Indianapolis hospital error attorney today.

I-65 Truck Accident in Indiana Shines Spotlight on Highway Hypnosis

Tue, 13 Sep 2011 08:00:00 EST

On Friday, September 4, a truck accident just north of Indianapolis on Interstate 65 closed multiple lanes for six hours and brought already slow Labor Day traffic to a crawl.

The Indiana truck accident took place when a UPS truck slowed for traffic in the northbound lanes, only to be struck from behind by a Volvo. The truck was pushed forward into another delivery truck, which overturned and spilled medical supplies across the interstate. Two of the drivers suffered minor injuries and major delays were felt for hours. An initial investigation into the truck accident has revealed that driver inattention was the primary cause of the crash - the driver of the Volvo was simply not focused on the road in the seconds before the wreck.

According to Indiana State Police, this is far from the first traffic accident on that stretch of I-65 in recent months and recent years - and in many cases, driver inattention is to blame for the wrecks. The forty miles of road from Indianapolis to Lafayette don't have many curves, hills, obstacles, or hazards, but oddly, that can cause drivers to "zone out" while driving. Also known as highway hypnosis - or driving without attention mode - driver inattention during boring stretches of road can lead to accidents.

Have you been involved in an Indiana truck wreck on I-65 because of driver inattention or highway hypnosis? The at-fault driver may be responsible for your injuries and other damages. Contact an Indianapolis personal injury attorney to learn more.

Diabetes drug gets new bladder cancer warning

Tue, 30 Aug 2011 08:00:00 EST

Actos (pioglitazone), the most popular diabetes drug ever manufactured, recently received an official warning label from the FDA that advises doctors and patients to take several precautions with regard to its use.

Most importantly, the Actos warning language advises physicians to refrain from prescribing Actos (at any level) to patients who have been diagnosed with bladder cancer. The Actos studies have led to conclusive proof that the diabetes drug can increase the likelihood of bladder cancer in people when compared to those who have never taken the drug.

If you are currently taking Actos, the warning advises that you seek immediate medical care if you experience or have experienced:

Blood in your urine

Increased urgency in your need to urinate

Pain during urination (this pain can appear in your lower back and/or lower abdomen)

While the above-listed symptoms do not guarantee that a person has bladder cancer, they are considered indicators that should be examined by your doctor. (There are also several other symptoms associated with bladder cancer, and this list is not exhaustive.)

It should also be noted that Actos has been show to cause serious heart problems in patients who have taken the drug, and anyone experiencing problems or has a history of heart problems, including in their family, should consult with a physician before taking the drug.

Our Actos lawyers are currently filing bladder cancer lawusits on behalf of clients who have been injured by this diabetes drug. If you have taken the drug and have any questions about its history or potential side-effects, please call our office for a no-fee consultation.

Actos clinical study reveals possible heart risk

Tue, 30 Aug 2011 08:00:00 EST

Dr. Steven Nissen, a world-renowned cardiologist of the Cleveland Clinic, was chosen to conduct studies based on claims that Actos was causing serious heart problems in patients.

The results that Dr. Nissen was particularly critical of is contained in the PROactive study. The study found that there was a strong correlation between patients who used the type-2 diabetes drug and serious cardiovascualr risks, including an increased likelihood of stroke and/or heart attack.

The completed study included a review of 42 cases involving Actos, which found that patients risks of heart attack increased by 42% while taking Actos. This comparison was based on a side-by-side analysis between Actos and alternative drugs, or a placebo pill that contained no actual medication.

Actos caught the attention of the FDA after data like that which appeared in the PROactive report revealed that Actos not only caused heart issues, but was linked to bladder cancer in patients that had taken the diabetes medication.

If you have ever taken the diabetes drug, please consult with your doctor about any possible complications or symptoims you are experiencing. Even if you are not currently experiencing any problems, it's good advice to seek a consultation with your doctor to discuss any possibility of future risks.

If you or someone you know has suffered heart problems as a result of taking Actos, you need to speak with an Actos lawyer who is currently filing lawsuits against the drug manufacturer, Takeda Pharmaceuticals.

Bladder cancer linked to diabetes drug Actos

Thu, 25 Aug 2011 08:00:00 EST

The type-2 diabetes drug, Actos, has been linked to higher incidences of bladder cancer according to a study viewed by the FDA.

Patients that have taken the drug Actos and have been diagnosed with bladder cancer or experiencing symptoms suggestive of bladder cancer are strongly encouraged to contact the Actos lawyer at our nationally-recognized law firm to have their potential claim evaluated.

If you are experiencing one or more of the following symptoms, you should immediately conult with a physician:

Blood in your urine: If blood is present, your urine may appear dark yellow, bright red, or cola-colored in nature. Keep in mind that if you have taken Actos, it's possible that your urine may appear normal in color, yet it contains blood that can only be detected on a microscopic level, thus requiring examination by your doctor.

Increase in urination

Pain while urinating

Urinary tract infection

Abdominal pain

Back pain

All of the above-listed symptoms are details that are critical to be mindful of and advise your doctor of at the time of your appointment. Only your doctor can rule out potential bladder cancer, and no one that has taken Actos should attempt to diagnose themselves based on the presence or lack of symptoms.

The tests and diagnoses regarding bladder cancer will vary based on your doctor's assessment as well as the presence of any abnormalities.

Actos claims are governed by a strict statute date, meaning you could be barred from any potential recovery if you don't file a lawsuit with a qualified Actos lawyer. If you have any questions about your potential claim, call our offices immediately.

There will never be any cost to our clients who wish to pursue an Actos claim through our office.

Compensation for Actos lawsuits

Thu, 25 Aug 2011 08:00:00 EST

Thousands of Actos lawsuits have been filed on behalf of clients who have developed bladder cancer and heart problems as a result of taking the type-2 diabetes drug, and many of our clients who have been injured by this drug have asked about the different types of compensation that area available with regard to these lawsuits.

Our Actos lawyers are asking for one or several of the following types of damages on behalf of our clients:

Medical Bills

This can include all medical bills that you have incurred prior to and up to retaining us as your Actos lawyer.

Future medical bills

These are bills that you have yet to incur for any treatment you may need to undergo as a result of being injured by Actos.

Lost wages

If your doctors advised you not to work for certain periods of time due to the side effects caused by Actos, then you may be able to recover those wages.

Loss of future earnings

This can include any lost job interviews or potential business deals that were missed as a result of your injuries.

Loss of consortium

If one's spouse is unable to have normal marital relations as a result of Actos injuries, you may be able to recover for loss of consortium.

Wrongful death

Filed on behalf of a loved one that has passed away as a result of Actos use.

Emotional damages

These damages are subjective and wide-ranging. Our lawyer will discuss these with you once you have hired us to pursue the drug manufacturer.

Diminished enjoyment of life

If your injury does not allow you to pursue prior hobbies or pleasures, you may be entitled to diminshed enjoyment of life damages.

This is not a complete list of damages that you may be able to recover for your Actos lawsuit, nor does it guarantee that you can recover for all of these factors. Our Actos lawyer will speak to you about your specific case to give you a better idea about which damages will apply to your case.

Indianapolis Girl Faces 57th Surgery Following Dog Attack Five Years Ago

Mon, 15 Aug 2011 08:00:00 EST

Indiana resident Amaya Hess may only be seven years old, but she’s undergone over 50 surgeries in the last five years. This month, she’ll go in for her 57th surgery, this time to give the little girl from Indianapolis a prosthetic eye.

When Hess was two years old, she was sitting in a stroller in a city park when a pit bull attacked her, badly mauling her face and head. She was so badly injured in the attack – which left her without a scalp, ear, one eye, and most of her nose – that she was placed in a coma for months while doctors attempted to save her life and save her face. Since then, the cheerful girl has been subject to dozens of reconstructive surgeries and plastic surgeries to help rebuild her head.

Bobbie Tomlin, the girl’s mother, says that she is no longer angry about the vicious dog attack – she is only thankful that her little girl survived. However, she says that no matter how many surgeries they have endured, she still gets nervous before each one.

Unfortunately, this dog bite story has a number of common elements. Pit bulls are responsible for a significant number of dog attacks in Indiana each year and young children are often the victims of aggressive dog maulings. In addition, many children who are bitten in the face, head, and neck must endure a number of reconstructive surgeries in the months and years after a serious attack.

Have you or your child been injured in an Indianapolis dog attack? Call an IN dog bite attorney today.

Police And INDOT Working Together To Prevent Construction Zone Accidents

Sun, 14 Aug 2011 08:00:00 EST

You slow down when you see an Indiana State Police Trooper, but do you slow down when you see signs that there’s construction ahead? According to the Indiana Department of Transportation (INDOT), far too many fatal traffic accidents take place in road work areas and that far too many serious crashes could have been prevented if only the driver had slowed down and been vigilant while driving through construction.

Now, both Indiana Police and INDOT are working together on a new strategy to keep drivers aware, alert, and under the speed limit while driving through construction zones. The plan? Put uniformed troopers into INDOT pickup trucks parked in and around work sites. If passing cars don’t slow down for construction workers – or if they are following too close – they may get pulled over and ticketed by an unlikely vehicle.

The two organizations say that they are planning on teaming up about four troopers and INDOT vehicles – but stressed that they were not trying to trick people. Instead, they just want drivers to be aware that troopers are watching, and that’s just one more good reason to slow down and be safe in construction areas.

Have you been involved in an Indiana road construction traffic accident, either as a driver or as a construction worker? You could deserve compensations for your injuries and other damages. Contact an Indianapolis construction zone accident attorney today.

Family Arrested After Pet Wolf Hybrid Attacked Another Dog

Thu, 28 Jul 2011 08:00:00 EST

An Illinois couple has been arrested for obstruction of justice, possession of a dangerous animal, and child endangerment this week after authorities discovered that the family had a hybrid wolf as a pet. This is not the first time that the couple has been caught with an illegal animal in their home.

According to the Journal Courier, Cass County Animal Control was called to Beardstown when a neighbor reported that a dog had jumped a fence and attacked their dachshund. When Animal Control arrived on the scene, they found that the aggressive dog was a wolf hybrid owned by Harold and Tara Lanier. Just a year earlier, a similar incident occurred at the same house with a different wolf hybrid, which are illegal in Illinois. Last year, they took the animal away and didn’t press charges.

The couple admitted that they had bought several part-wolf dogs in Indiana and other states over the years, but usually kept the pets in a pen or in their home. Authorities say that they are trying to place the wolf-dog hybrid with an appropriate rescue group in another state.

Wolf hybrids have a history of being involved in dog attacks and many experts believe they are more dangerous than other dogs because of their genetics. If you or a loved one have been attacked by a wolf hybrid, speak with an Illinois dog bite lawyer today about your case.

Fort Wayne Woman Dies Of Complications 46 Years After Car Accident

Wed, 27 Jul 2011 08:00:00 EST

Fort Wayne resident Beverly Meyers has been listed as the eleventh person to die in a traffic accident in 2011 in Allen County, Indiana, but she hasn’t been involved in a car accident since 1965.

Forty-six years ago, Meyers was seriously injured in a two-car accident at the intersection of Indiana 101 and Indiana 37 in Grabill. The year was 1965 and Meyers was just 18 years old. The car Meyers was in ran a stop sign and struck another vehicle, injuring six people and killing one. Meyers was in a coma for a month following the accident and was never able to care for herself again after the crash. Paralyzed and severely disabled, Meyers spent the next four decades in nursing homes and rehabilitation centers around Indiana. This past week, she died from an infection that was a complication from her original injury.

While we read about serious car accidents in the news each day in Indiana, it is sometimes hard to remember that the injury victims that we learn about don’t all get better in the weeks, months, and years after the crash. Some will struggle with disabilities and scarring, and some will require full-time nursing care. Some will survive the crash, but eventually succumb to complications after decades of suffering. Beverly Meyers reminds us of these injury victims.

If you or a loved one have been seriously injured in an Indiana car accident that was not your fault, it is vital that you receive compensation for your injuries and ongoing financial support for your future medical needs. Speak with a South Ben injury attorney today.

Average Dog Bite Claim In The United States: $26,166

Sat, 18 Jun 2011 08:00:00 EST

What’s the cost of having an aggressive dog, not properly restraining your dog, or not taking reasonable actions to prevent a dog bite? According to a new report released by the Insurance Information Institute (III), the average cost of a dog bite claim in 2010 for the pet’s owner is $26,166.

While the number of dog bite claims nationally has dropped by about five percent in the last year, the cost of dog bite claims has risen by 37 percent in the last eight years. In Indiana, there were 114 dog bite claims at the cost of $1.4 million.

Why so much? A serious dog bite requires medical attention and could lead to scarring, complications like infections, and emotional trauma. In addition, a serious dog bite could also involve lost wages and property damage. All and all, treating and recovering from a dog bite can be expensive, and the pet’s owner or the property owner is often responsible for the incident and injury.

What can you do to prevent your dog from harming others? Be sure to follow all leash laws and keep your dog either restrained or enclosed in your yard at all times. Be sure to socialize your dog and train it to act appropriately toward humans. Be especially careful when exposing your dog to children.

What should you do if you have been attacked and bitten by someone else’s dog? Seek treatment for your dog bite immediately to prevent infection and minimize scarring. After your health is taken care of, speak with an Indiana dog bite attorney about your case.

Construction Worker Death On Indiana 63 Is A Reminder To Stop Distracted Driving

Fri, 17 Jun 2011 08:00:00 EST

Just this week in Warren County, Millstone road construction worker Jeremy Bagwell was struck and killed by a passing vehicle as he painted new lines on a segment of Indiana 63 near Interstate 74. While it is unclear why the drive drifted into the construction zone and hit the 28-year-old worker, many safety experts say that these road worker accidents are often caused by distracted driving and speeding.

Unfortunately, road construction zone accidents are much more common than you might think. Last year alone, 12 workers were struck and killed by passing traffic in Indiana. In too many of these cases, the construction accidents would never have taken place if not for drinking and driving, driving while distracted, or driving recklessly.

What can you do to help reduce the number of roadwork construction zone accidents in Indiana? Here are just a few quick tips:

•    Always slow down when entering a construction zone, even if you don’t see workers or if it doesn’t appear that the site is active.
•    Keep your attention focused on the road: that means that you hands are on the wheel, your eyes are on the road, and your mind is focused on the task of driving.
•    Don’t tailgate. It can be easy to tailgate through construction sites because of slower speed limits, but make sure to leave room between you and the car in front of you. Tailgating can cause chain-reaction crashes and diminish your visibility.
•    Never drink and drive.

Indiana Supreme Court Hears Evansville Dog Bite Case

Tue, 31 May 2011 08:00:00 EST

A dog bite lawsuit being heard by the Indiana Supreme Court could have long-term implications regarding dog attacks and government responsibility.

The case centers on six-year-old Shawn Davis, who was attacked by a 60-pound Rottweiler while playing in his Evansville neighborhood with his friend Jessica Bays. The dog began to chase Davis, who attempted to run from the aggressive dog. The dog bit the boy several times until it was kicked away by Bays. Davis was taken to the hospital for treatment.

Instead of filing a dog bite lawsuit against the dog’s owner, Thomas Minor, Davis’ family has filed a lawsuit against the City of Evansville. They argue that the dog, Romeo, had attacked a child in a similar incident just months before and that other reports of a dog matching Romeo’s description had also been filed. In their opinion, Animal Control should have acted to prevent future cases and Shawn’s injuries should have never happened.

Lower courts in Indiana differed in their opinions of whether Evansville was immune to the lawsuit because of its government status. What the Indiana Supreme Court will decide will have a significant impact on future dog bite cases as well as on future cases involving city liability and city negligence.

What do you think? Should a city be responsible for the boy’s dog bite, or should the city be immune from dog bite lawsuits?

Illinois Ranks Second In Country For Dog Bite Insurance Claims

Mon, 30 May 2011 08:00:00 EST

The Chicago Tribune had a new and shocking dog bite statistic for us this week: Illinois has the second-highest number of dog bites in the country and the highest dog bite payouts of all 50 states. The numbers were compiled by insurance company State Farm.

The only state with more dog bites and a higher total payout was California, the nation’s most populated state. Illinois is the fifth most populated state in the nation. Other states that tallied more dog bites than their population warranted included Indiana and Michigan.

All in all Illinois, State Farm handled 317 claims in Illinois in 2010, and paid out $9.7 million in dog bite and dog attack claims. The average amount per dog bite claim was just over $30,000.

Here are a few more interesting dog bite statistics released by State Farm and the Insurance Information Institute:

•    Two people were fatally attacked by dogs in Illinois last year, and 33 people were killed by dogs in the United States in 2010.
•    Insurers spend about $400 million in dog bite claims each year in America.
•    The state with the highest dog bite claim payout was Florida, which averages over $38,000 a claim.
•    Other states with high rates of dog bite claims included Minnesota, Texas, Ohio, Pennsylvania, and New York.

Two Construction Workers Die In Fall From Indiana Radio Tower

Tue, 26 Apr 2011 08:00:00 EST

According to the Tippecanoe Sheriff Tracy Brown, two workers fell to their death from a radio tower in Colburn, Indiana last week. The fatal on-the-job accident will be investigated by the Indiana Occupational Safety and Health Administration (IOSHA).

Both men were working on the construction of the 500-foot tower when part of the structure suddenly fell, taking the two men roughly 340 feet to the ground. Both were pronounced dead at the scene of the accident.

While both men were wearing safety harnesses, neither were saved by the device. An initial investigation has revealed that the support device for the safety harnesses was not properly installed into the ground and did not stop their fall.

The two men killed in the worker accident have been identified as 29-year-old Ernesto Garcia and 32-year-old Paul Aliss. The other three workers on the job site at the time were not injured.

Indiana Jury Awards $13 Million In Weinberger Medical Malpractice Case

Mon, 18 Apr 2011 08:00:00 EST

A northern Indiana jury has found Dr. Mark Weinberger guilty of medical malpractice and has awarded his victim’s family $13 million in damages. Weinberger, who is currently jailed, faces literally hundreds of medical malpractice lawsuits after being careless and negligent with many of his patients while practicing as a nose doctor in Indiana. After being faced with federal charges, Weinberger fled the country and was a fugitive for five years before being caught.

In this most recent case, the family of Phyllis Barnes alleged that Weinberger failed to diagnose the woman’s lung cancer. Barnes went to the doctor complaining of common symptoms of lung cancer, but went undiagnosed by Weinberger, who treated her for a handful of other issues through unnecessary surgeries. Barnes died just before Weinberger was exposed as a fraud and disappeared in Italy.

Weinberger has also been charged with heath care fraud and faces another 350 medical malpractice lawsuits.

Notre Dame Bans Lifts After Fatal Fall Last Autumn

Tue, 22 Mar 2011 08:00:00 EST

After a student died in a fatal fall from a hydraulic lift while filming a football practice at the University of Notre Dame, the school has announced that it is banning such lifts from the field and is installing new remote cameras on 50-foot poles to film the games.

In October, 20-year-old Declan Sullivan died of fall injuries when he fell from the lift during a windy practice. The investigation into why exactly the fall accident took place and who was at fault is still under way, but the president of Notre Dame released a statement saying that they failed to keep the boy safe and that the new remote cameras will put safety first and prevent future accidents.

The results of the Indiana Occupational Health and Safety Administration’s investigation are expected to be released next week. It is not known whether his family is planning to file a wrongful death lawsuit.

Indiana Man Sues After Falling Down Elevator Shaft

Sun, 20 Mar 2011 08:00:00 EST

A caterer working in the Indiana Repertory Theatre is suing after he was seriously injured in an elevator shaft fall. While the lawsuit is against both the IRT and Kone, the elevator company, the elevator company believes that IRT should be responsible for paying the compensation.

The Indiana personal injury accident took place in 2007 when Charlie Stamps was catering an event for MBP Distinctive Catering. He was rolling a hot cart near the elevator when the doors opened and he fell down the shaft to the ground four stories below.

While a specific amount for damages has not been discussed by Stamps, the IRT and Kone believe that the number could be significant, and neither want to pay. Both say that the other company misunderstood their agreement when it comes to liability and neither want to take responsibility for the serious fall.

Floor collapse kills employee at Royal Foods

Wed, 16 Mar 2011 08:00:00 EST

A tragic accident at the Royal Foods manufacturing plant has claimed the life of an unidentified worker early Wednesday morning.

Investigators have not completed their inquiry into the official cause of the accident, but they were able to tell sources that the worker had been operating a forklift prior to the accident and had entered onto an area of the floor that was apparently not fully supported. The excess weight caused the machine to crash through the floor and fall approximately 15 feet onto a basement floor. The fall, accompanied by debris that toppled down with the forklift, left the operator of the machine with fatal injuries.

Additional information regarding the identity of the worker was being withheld pending notification of family.

Royal Foods Products (formerly known as the Mutual Milk Company) has been in operations for approximately 100 years and positions itself in the market as a leader in the 'liquid food' products industry.

Dalai Lama's Indianan Nephew Killed In Pedestrian Accident

Wed, 16 Feb 2011 08:00:00 EST

The Dalai Lama’s nephew, 45-year-old Jigme Norbu of Bloomington, Indiana, was killed in a pedestrian accident this weekend while participating in a peaceful march regarding Tibetan freedom.

According to the Associated Press, Norbu was walking along a highway during the 300-mile “Walk For Tibet.” He was struck by the 31-year-old driver of an SUV who had two children in the car with her. The investigation is ongoing, and police are unsure of why the women hit the man, who had completed several similar walks regarding human rights in Tibet in the past. Witnesses say that the protester was walking close to the white line of the highway that separates the traffic lane from the shoulder.

The Dalai Lama was reportedly saddened by the news of the car accident and the loss of his relative and told friends that he would remember Norbu in his prayers. Norbu’s father, Takster Rinpoche, was the oldest brother of the Dalai Lama. He died in Indiana in 2008.

Indiana Texting Bill Moves Forward For Consideration On Senate Floor

Tue, 15 Feb 2011 08:00:00 EST

A new Indiana bill that would ban texting while driving for anyone behind the wheel has moved out of committee and on to the Senate floor after being approved by the house. Today, the Senate’s Public Policy Committee approved the bill with a vote of 5-2 and the issue is now being debated with the help of state safety advocates and other members of the public.

While some committee members agreed with the bill, which may prevent car accidents, some worried that the bill is too concerned with making texting illegal and not as concerned with other types of distracted driving that are equally as dangerous, such as consulting a map or eating. Police officers want the bill to also ban talking on cell phones that are not hands-free, as that law would be easier for them to enforce. Currently, texting while driving is only illegal for drivers under the age of 18.

Senate Bill 18 would go into effect on July 1, 2011, if it passes the Senate and signed by the governor.

Panhandling WWII Vet Finally Receives Veterans' Disability Benefits For Tinnitus

Sun, 30 Jan 2011 08:00:00 EST

A veteran of World War II was finally granted Veterans’ Disability benefits after a local news station reported on the long wait that the man had faced from Veterans Affairs.

Anthony Jacondino was spending two days a week panhandling for change on a highway median – with his Victory Metal pinned on his chest and a cardboard sign that explained he was a World War II vet in need of financial help. Jacondino had suffered hearing loss and tinnitus in the war, while his wife had recently suffered a debilitating stroke that prevented her from supporting the family. While she successfully applied for Social Security Disability benefits, the money wasn’t enough to support them. Jacondino began the process of applying for Veterans’ Disability, but hadn’t heard back for over a year.

The man suffered significant hearing loss from his time manning a tank with a cannon during the war.

Finally, a person driving past, Lisa Lapina, asked Jacondino about his story and then alerted the local news to his plight – and to his difficulty in receiving support from the VA. Within weeks, his application had been approved.

Indiana Worker Dies In Fall At Kokomo Chrysler Plant

Tue, 25 Jan 2011 08:00:00 EST

An Indiana autoworker at the Chrysler plant in Kokomo, Indiana has died in a fatal fall accident.

According to WISH TV Channel 8 and the Indiana Department of Labor, it is unclear how the accident took place or who is responsible for the deadly fall. While officials are still piecing together what occurred during the incident, the director of the INSafe division of the Department of Labor Michelle Ellison told the media that the worker who died was a 61-year-old mechanical technician who was working on a conveyer. For some reason, the man stepped over a guardrail and then fell to his death. It is unclear whether the man had dropped something or was reaching for something at the time of the fall.

The deadly on-the-job accident is still under investigation by Indiana authorities, including the Indiana Occupational Safety and Health Administration (IOSHA).

Icy Roads And Winter Weather Leads To Multiple Indiana Accidents

Wed, 22 Dec 2010 08:00:00 EST

Bitterly cold weather paired with the season’s first large winter storm caused a rash of car accidents and truck crashes on Indiana roads on the weekend of December 13. Indiana officials said that although they had a fleet of an estimated 900 plows clearing interstates and roadways across the state, the low temperatures made it difficult to melt ice and snow off of the roads and prevent car accidents.

Indiana State Police responded to several serious car accidents caused by the winter weather on Interstate 64, Interstate 164, and Highway 41. In general, authorities told Indiana residents to stay off of the roads altogether if possible and the exercise extreme caution if forced to travel. Police also told those who are involved in accidents to move their cars off of the roadway if at all possible in the wake of an accident.

Want to stay safe on Indiana roads this winter? Read our Ten Snow Safety Tips for more information.

Michigan Van Crash Caused By Weather And Speed

Tue, 21 Dec 2010 08:00:00 EST

Michigan State Police say that speeding and poor weather conditions were the reason for a 13-passenger van accident that took place on Saturday evening in Mecosta County.

According to local news sources, the one-vehicle accident took place just after eight at night on the southbound lanes of US 131 near Eight Mile. The 51-year-old driver of the van, who is a resident of Indiana, lost control of the van, which struck a guardrail and flipped onto its side. Of the 13 people in the van, six were seriously injured and transported to local hospitals in Big Rapids. None of the injuries were described as life threatening.

It is not clear where the van filled with people was traveling or if the driver will be cited for his involvement in the van accident.

Authorities reminded the public that vehicles should drive under the posted speed limit when weather conditions are poor, and that you can be ticketed for speeding even if you are driving the speed limit if road conditions are bad.

Distracted Driving Causes Multiple Accidents On Lloyd Expressway

Sat, 13 Nov 2010 08:00:00 EST

Distracted driving was the cause of an eight-vehicle accident on the Lloyd Expressway (Indiana 66) in Evansville, Indiana this week.

Evansville Police say that the multiple-vehicle accident could have been avoided if drivers had kept their eyes on the road instead of on the roadside assistance that was taking place on the shoulder. According to reports, a woman was receiving help with a spare time from a police officer with his light flashing – a scene that caused three separate accidents from vehicles passing by.

Rubbernecking at car accident scenes and other roadside incidents is one of the most common types of driver distractions – it is common for fender-benders or worse to occur at the scene of another car accident. For safety reasons, it is vital for drivers to keep concentrated on the task of driving even when passing accidents and disabled vehicles.

The accident is under investigation and the Expressway was closed for over an hour.

Notorious Gary Nose Doctor Seeks Plea Deal For Medical Crimes

Thu, 04 Nov 2010 08:00:00 EST

Merrillville otolaryngologist Mark Weinberger, who is facing literally hundreds of medical malpractice lawsuits in Indiana, is seeking a plea deal in regards to the 22 counts of health care fraud he is currently facing in court. Weinberger would like the court to come to an agreement where he would plead guilty to all 22 counts. In exchange, he would receive four years in jail and pay $366,000 to patients that did not receive services that they paid for. If convicted, he could face 10 years in prison and up to $5.5 million in fees and restitution.

While many of his former patients – some whom he injured and other whom he stole from – are happy to see that he will be spending time in prison and paying back some of his patients, others are upset that they might not see justice individually. Most agree that four years in prison is not enough for someone who stole from so many patients, made regular surgical errors, and missed several cancer diagnoses during his time practicing in Gary.

Greencastle Boy Receive Head Injury In Park Parking Lot Car Accident

Thu, 07 Oct 2010 08:00:00 EST

A six-year-old Indiana boy was retrieving a ball in a parking lot near a park when he was struck and seriously injured by a car that did not see him dash out from between vehicles.

The pedestrian accident took place at the Big Walnut Sports Park, which has a serious of soccer goals for public use. The park is owned by the Big Walnut Sports Park Association and used by the Putnam County Youth Soccer Association. There are no barriers between the fields and the nearby parking lot, although that is a common occurrence on playing fields across the nation. However, parents have erected a temporary fence at the park and the park association’s present released a statement saying that, “they can do better.”

They boy, Elijah Hardwick, was airlifted from the accident scene to Riley Hospital for Children in Indianapolis. When he arrived, he was diagnosed with a traumatic brain injury and listed in critical condition. He is now in stable condition and in an induced coma.

Reckless Driver Causes Fatal Motorcycle Accident For Indiana Couple

Thu, 07 Oct 2010 08:00:00 EST

One motorcycle rider was killed and another was seriously injured in an accident on Interstate 75 in Hamilton County this weekend.

According to the Gainesville Sun, 59-year-old Clarence Edwards and his 58-year-old wife Linda Edwards, both of Indiana, were riding on a Harley-Davidson and pulling a small trailer on I-75 on Sunday afternoon when a reckless driver rear-ended their vehicle. The couple was traveling in the center lane, while several of their friends road their own motorcycles in the right lane.

Witnesses say that 31-year-old Alex Omar Segarra was speeding, changing lanes without signaling, and driving erratically when he slammed into the Edwards’ trailer. Clarence landed on a nearby guardrail and was rushed to the hospital for treatment. His wife landed on I-75 and was pronounced dead at the scene of the motorcycle accident.

Police are investigating whether Segarra, who was not injured in the traffic accident, had been driving before he got behind the wheel.

DePuy's metal-on-metal hip implant patients need to be aware of device risks

Tue, 05 Oct 2010 08:00:00 EST

The DePuy Orthopedics hip implant lawsuit has given rise to several new studies that have placed the manufacturer under scrutiny for their business practices as well as the quality of their products.

New concerns about metal-on-metal hip implant devices, such as DePuy's ASR device, have encouraged patients to consult with lawyers who are pursuing hip implant lawsuits. In turn, hip implant lawyers have been advising their clients to confirm the type of implant received and consult with a doctor if they are experiencing pain in the area, or if they feel as though they are experiencing any type of reaction to the device.

(The metal-on-metal construction of the hip implants has been known to generate shards of metal particles in the patients' body as the device wears over time. It is believed the debris that is left behind has the potential to produce higher than normal levels of metallic ions in a person's body.)

DePuy has also been accused of not properly researching or testing specific devices, thus another concern surrounding some of their metal-on-metal devices are their propensity to break down at much faster rate than other devices, leaving patients in need of a revision surgery. Once a patient receives a faulty device and is required to have a revision surgery, the chances that they will have an increased quality of life is reduced, as these surgeries are highly complex and require large amounts of recuperations and physical therapy.

Depuy Hip Recall Lawsuit & Lawyers: Truths and Myths

Tue, 05 Oct 2010 08:00:00 EST

There are several truth and myths surrounding the DePuy hip implant lawsuit. Being informed of the facts increases the likelihood that you will take the necessary steps to protect your health and your potential hip injury claim.

MYTH: The side effects I'm experiencing with my DePuy hip implant are normal and should be expected.

This is absolutely untrue. Many of the side-effects being reported by hip implant patients who have a DePuy device are the result of faulty design and negligent business practices by DePuy Orthopedics. You should immediately contact a hip implant lawyer if you experience any of the following side-effects:

Unexplained pain (mild and/or intense) in the area of the hip implant
Swelling or inflammation in the hip implant area
Tissue necrosis (death of the tissue) in the area of the implant
Loosening of the hip implant device, or total failure of the device
Metal toxicity caused by increase of cobalt, chromium, and/or molybdenum in the patient's bloodstream
Bone loss
Need for a revision surgery to replace the defective hip implant with another device
Popping or crunching noise in the area of the hip implant
Loss of mobility

TRUTH: If you are experiencing any problems that are associated with the hip implant you SHOULD consult with your doctor.

MYTH: If I contact DePuy Orthopedics, they will take care of any problems for me.

This is NOT true. Johnson & Johnson owns DePuy Orthopedics, and they are going to do anything possible to limit their liability in this lawsuit. You need to remember that DePuy was aware of the failure rate associated with their hip implant devices, yet they delayed in announcing a recall, leaving several patients with defective devices in their bodies.

If you are still unsure, it's important that you know Johnson & Johnson recently made an admission to Congress that instead of announcing a national recall, they secretly bought defective children's medication from store shelves in an attempt to keep the matter quiet, thus placing the lives of countless children at risk.

TRUTH: If I have a DePuy Orthopedics device that is included in the recall, I should get a blood test.

The reason patients are being encouraged to get a blood test is due to the poor design of the metal-on-metal artificial hip that is wearing down at a much higher rate than other artificial devices and leaving shards of metal inside a patient's body. The chromium and cobalt debris that enters the patient's bloodstream can raise the metallic ion levels in a person's body, often producing no immediate symptoms, which is why patients should consult with their doctor and have a blood test performed.

MYTH: The doctor who performed my surgery is at fault.

Unless there is a clear instance of malpractice associated with the surgery, it is highly unlikely that your surgeon did anything wrong. DePuy Orthopedics is the party clearly at fault for the defective products that they manufactured. Therefore, it is highly unlikely that your doctor will be pursued in the DePuy hip implant lawsuit.

TRUTH: I should contact a DePuy hip lawsuit lawyer.

Absolutely. Even if you decide not to retain a lawyer, you should at least speak to a firm that is pursuing the DePuy hip implant lawsuit. The main reason to do so is to protect any potential claim as well as have your rights explained to you. These lawsuits have a very strict deadline that limits your time to file. If you miss the deadline, you forever miss your chance to recover any damages or present your claim to DePuy for financial consideration.

Hip implant loosening can have several side effects for patients

Fri, 01 Oct 2010 08:00:00 EST

Hip implant surgeries are not rare. This year, between 200,000 and 300,000 people will undergo hip implant surgery in the United States. The prognosis is typically good, and most patients will enjoy increased mobility, a reduction in pain, and no loosening of their artificial hip implant.

Modern advances in technology are the biggest factor responsible for making the procedure much more safe than in years past. However, an exception to this statement is best illustrated by DePuy's recent legal trouble associated with two of their defective hip implant devices: the DePuy ASR Hip Resurfacing System and the ASR XL Acetabular System.

While there are several problems associated with these artificial hip implants, the most painful of the side effects involves a loosening of the hip implant (or hip replacement loosening), something that has been repeatedly documented through consumer complaints and FDA reports. (The large number of complaints has ultimately pressured DePuy to file a worldwide recall. As a result, patients have turned to ASR lawyers to file a DePuy defective hip implant lawsuit.)

What does it mean to have a "loosening of the hip implant?"

Time is generally considered the biggest factor in hip replacement loosening. Every prosthetic is expected to loosen over time through normal use of the joint; however, DePuy's devices have loosened at an unacceptable rate, sometimes in as little as two years!

When the artificial hip device is placed into the patient's body it is either press-fit or cemented into the proper position, making sure that the device is tightly adhered to the femur and pelvis. The tight fit is intended to keep the hip device from moving out of it's original position. However, when a defective device begins to loosen, the implant starts to move away from the bone.

A artificial hip implant patient will usually be able to determine if their implant has loosened through a decrease in mobility and increase in pain. If the patient has received either of DePuy's defective hip devices, it is imperative that you consult with your physician and a prominent DePuy hip implant lawyer.

Revision hip replacement surgery has low success rate

Thu, 30 Sep 2010 08:00:00 EST

The most damaging aspect of DePuy's defective hip implant devices is not necessarily the damage it does while inside a patient's body. In fact, the most catastrophic result occurs when a patient's ARS hip implant is deemed so defective that the patient requires a revision surgery and a new device.

Hip replacement devices are supposed to be designed to last for a long period of time and provide good results. Orthopedic doctors who specialize in hip replacement surgeries generally agree that 90% of hip replacement devices are functioning at a high level after ten years of date of the initial surgery. Unfortunately, two of DePuy's defective hip implant devices (ASR Hip Resurfacing System and the ASR XL Acetabular System) have not been so generous to patients, leaving them in great pain, and with the prospects of facing an additional surgery.

Hip replacement surgeries are extremely complex, and the fact that these surgeries often result in less than optimal results, it leaves patients asking, "Can DePuy can be held legally responsible for their faulty device?" The answer is yes.

DePuy has issued a recall on over 93,000 of their devices and hip replacement patients are encouraged to speak with a qualified ASR lawyer to assess their potential claim. DePuy has asked patients with defective hip devices to contact them directly to settle their claim, but THIS IS NOT A GOOD IDEA. DePuy will attempt to settle your hip injury claim without fully compensating you for the pain and suffering and future losses you may incur as a result of their defective devices.

DePuy's defective hip implant devices have left several patients and their orthopedic doctors with a difficult decision: "Should the device be replaced?" If you are facing this dilemma, you need to retain legal counsel as quickly as possible.

"Do I have a DePuy hip implant lawusit?" Top 7 things to consider

Thu, 30 Sep 2010 08:00:00 EST

One of the responsibilities of our ARS hip implant lawyers is to ensure everyone, clients and non-clients, are informed before they file a DePuy hip implant lawsuit. We have put together a list of 7 questions and thoughts that you need to consider before you make any decision on what step to take next:

1. How will I know if my DePuy hip implant is included in the recall?

First, you need to determine if the hip implants were one of either the DePuy ASR Hip Resurfacing System or the ASR XL Acetabular System. If you do not recall the name of the device, you need to contact your physician or the local hospital where you had the procedure performed. They will have records that can identify the device that was implanted the day of your surgery.

2. If you know you received one of the defective ARS DePuy hip implants, but you aren't having side effects, it's still a good idea to contact a defective hip implant lawyer.

It's possible that your implant may not be giving you problems at the moment. However, due to the Depuy's "metal-on-metal" construction of the implant, the device has been shown to shed shards of metallic debris over an extended period of time.  (Certain patients have exhibited a higher than normal level of cobalt and chromium ions in their blood.) Therefore, never assume that your implant is never going to present problems to you at a later date. It's ALWAYS a good idea to have any potential claim investigated and all side-effects investigated by your doctor, no matter how small they may seem.

3. What are the symptoms I should be looking for to know if my DePuy ARS implant is failing?

No list of symptoms should ever be considered conclusive; however, the following are some of the more immediate threats associated with defective ARS devices. They include pain in the are where the implant was inserted, swelling, infection, loss of mobility, a popping noise, loosening of the implant cup, dislocations, bone fractures, etc.

4. NEVER contact DePuy Orthopaedics before contacting a qualified lawyer that is handling the DePuy lawsuit.

The reason is simple: DePuy has known about this problem for quite some time but failed to warn patients or issue a timely recall. What would give you reason to believe they are willing to do the right thing now? However, if you have already contacted them, we would advise you to immediately stop all conversations and contact a lawyer handling DePuy lawsuits.

5. If I contact one of the lawyers in your firm that is handling the DePuy defective hip lawsuits, how are they going to help me?

There are 3 very important things that a qualified products liability firm can do for you:

a.) If we determine that you have a possible lawsuit against DePuy, we will take every necessary step to ensure that your case is presented to those liable in the most effective, professional manner possible. Our preparation and handling of a case ensures you are not ignored.

b.) If we determine that you have a potential claim, we will ensure that your claim is protected. There is a time limit in which you have to file a potential claim, and if you miss that deadline, you are forever barred from making a recovery, no matter the severity of your damages.

c.) If we determine that you have a potential hip injury claim, our goal is to ensure that you receive the highest compensation possible for your damages as well as pain and suffering.

6. These lawsuits must be expensive; I probably can't afford your law firm.

Not true. Though the DePuy defective hip lawsuits will be extremely complex and require a large amount of up-front costs to present your case, you will never be asked to pay any up-front costs associated with your potential claim.

7. How long will the DePuy defective hip lawsuits take?

No one knows. While it's true that these types of cases never settle overnight, the benefits of obtaining a DePuy lawyer far outweigh those of not hiring legal counsel.

Man Dies In Fall While Servicing Indiana Water Tower

Wed, 15 Sep 2010 08:00:00 EST

A worker has died while on-the-job near Kokomo, Indiana, according to the Associated Press. Authorities say that 30-year-old Rodolfo Torrez Vazquez was servicing a water town when he fell and became entangled in nearby cables.

Vazquez was on a safety line, but officials became entangled during the fall, possibly breaking his neck. When he was found, he was dangling about 50 feet above the ground. By the time he was recued by emergency responders, he was dead.

The Howard County sheriff's department is investigating the fatal worker fall accident. It is unclear when the on-the-job accident took place or whether any safety issues are involved. The sheriff’s department is planning on taking a closer look at the scene of the accident today.

At this time, it is not clear whether or not his safety harness or safety line malfunctioned during the worker fall or why Vazquez fell initially.

Illinois Man Charged After Girl On Bike Attacked By Pit Bull

Tue, 14 Sep 2010 08:00:00 EST

A nine-year-old girl was riding her bike in Benton, Illinois, this week when she was attacked by a loose pit bull. The girl did not provoke the aggressive dog before the attack, which ended in 25 stitches over four puncture wounds at a local hospital.

In the wake of the dog attack, which took place in a Franklin County trailer park, the owner of the 8-month-old dog was charged with three different counts of child endangerment. One of the counts involved the girl on her bicycle, while the other two were in regards to children living in the man’s home. The man, 29-year-old Brian Copperthite, resides in West City, Illinois, and has not commented on the dog attack or the related charges.

The dog was put to sleep after the attack and Franklin County animal control is awaiting rabies test lab results.

Indianapolis Motorcycle Rider Critically Injured By Loose Canoe

Mon, 16 Aug 2010 08:00:00 EST

One man is in critical condition in the hospital and another is facing multiple criminal charges after a motorcycle and car accident in Sheridan Lake, Indiana.

Indiana Police say that 31-year-old Corey Roberts of Hill City was drinking and driving, driving without a license, driving recklessly, and driving with an improperly tied down load when he caused an accident on Highway 385 outside of Indianapolis. The man’s canoe fell off of his car and struck an Indianapolis motorcycle rider, Billy Napier.

Napier, who was not wearing a bike helmet, was rushed to Rapid City Regional Hospital with multiple serious injuries. Roberts has been charged with a number of misdemeanors and a felony, vehicular battery. He is free on a $10,000 bond. He could face up to ten years in prison and $20,000 in fines for the Indiana motorcycle accident and for driving under the influence of alcohol.

Dangerous Rottweilers Will Be Rehabilitated After Lafayette Dog Attack

Sun, 15 Aug 2010 08:00:00 EST

Two rottweilers will be taken from their owners and rehabilitated in the wake of two dangerous dog attacks that took place in Lafayette, Indiana, in recent months.

Indiana authorities say that the two aggressive dogs, named Nico and Dainjer, have bitten both a dog and a 12-year-old boy in recent months. The dogs have been reported roaming the neighborhood and out of their yard 15 times over the past year. A dog training specialist in Lafayette, however, has vouched for the dogs and says that with new training and with new owners, the two aggressive dogs could change their ways and make for safe pets. Over 30 people attended the hearing regarding the dangerous dogs – including many neighbors who said that they were happy to see the dogs go. The attendees included the parents of the boy who was bitten while riding his bike and the owners of a Husky who required surgery after being attacked by the dogs.

Wabash Motorcycle Accident Leaves Indiana Man Dead

Thu, 15 Jul 2010 08:00:00 EST

The co-owner of a Harley-Davidson store was killed while riding a motorcycle in Roann, Indiana this week.

According to Indiana State Police Trooper Mike Tomson and the Times Union Online, 59-year-old Steven Allan Brandt was riding on a 2009 Street Glide Harley-Davidson on CR700 when he lost control of his bike and crashed. The local businessman was spotted by a passing motorist who called 911 on Thursday evening. While Brandt was airlifted to Parkview Hospital in Fort Wayne, Indiana, he died en route.

The Wabash County Sheriff’s Department reported that the bike left the road, flipped at least once, and landed in a ditch. Brandt, who is the co-owner of Brandt Harley-Davidson in Wabash, was reportedly not wearing a helmet at the time of the Wabash motorcycle accident. It is unclear why Brandt lost control of his bike and no other vehicles were involved in the crash.

Worker Killed By Tree Limb After Storm In Granger, Indiana

Mon, 12 Jul 2010 08:00:00 EST

A worker helping with tree cleanup after a severe storm in Granger, Indiana, was killed when a tree branch fell onto the woman.

According to WSBT local news, 34-year-old Shannon Magezi of Granger was fatally injured as she stood under a tree where co-workers were removing a broken limb The branch split as the crew was cutting it and fell onto the woman. Magezi, an employee of Tree Are Us, suffered a traumatic head injury and was rushed to Memorial Hospital where doctors pronounced her dead. An autopsy will take place next week to confirm the cause of death.

The owner of Trees Are Us, Magezi’s stepfather, who was not present at the time of the deadly worker accident, is under investigation by the Occupational Safety and Health Administration. Magezi was not wearing a hard hat at the time of the Indiana on-the-job accident.

VA hospital exposes thousands of veterans to HIV and Hepatitis

Wed, 30 Jun 2010 08:00:00 EST

A new slew of veterans disability claims are being filed by veterans who may have been infected with HIV. And the unbelievable part of this? It was a Missouri VA hospital that exposed the veterans to the life-threatening diseases.

According to the John Cochran VA Medical Center, 1,812 veterans have been contacted by a letter advising them that due to their medical facility's failure to properly clean dental instruments, it's possible that they may have contracted HIV, Hepatitis B, and/or Hepatitis C.

Hospitals like John Cohran that do dental work are required to sanitize equipment with special machinery such as an Autoclave that will ensure a dental patient's safety and protection from infection. Some of the technicians at the VA hospital broke protocol by handwashing the instruments, and according to hospital representatives, the improper cleaning techniques were being used for over a year.

IMPORTANT:

1. Any veteran who has a medical malpractice claim against John Cochran or other VA hospital needs to know that their claim is subject to the requirements of the Federal Tort Claims Act. Veterans who do not comply with the Federal Tort Claims Act’s notice requirements, will lose their chance to any and all disability and/or malpractice claims.

2. A veteran that was injured by John Cochran or other VA will also likely have two claims; the first claim being the medical malpractice claim against the hospital, and the second being an appeal to obtain or increase their VA disability benefits.

Illinois Study: Doctor Apologies Could Settle Medical Malpractice Suits

Wed, 16 Jun 2010 08:00:00 EST

New research conducted by Jennifer Robbennolt at the University of Illinois suggests that the difference between a fraught medical malpractice case and a quick settlement may simply be the words, “I’m sorry.” While many attorneys will tell those being sued that making an apology after a medical error or injury is akin to an admission to guilt, this new study finds that saying your are sorry for a medical mistake can be the first step toward a just settlement out of court.

In the study, Robbennolt approached 550 volunteers with a hypothetical injury case and tested the waters with what would happen if the negligent party included an apology with their offer of compensation. More often then not, settlements that included apologies were more likely to be accepted.

What does this mean for Illinois medical malpractice cases? That injured patients and families want more than financial compensation – they want to hear doctors and hospitals accept blame, be responsible for their actions, and say they are sorry. However, it is still unclear whether or not apologies affect the size of the settlements that follow.

Pfizer Recalls Potentially Dangerous IV Drugs

Tue, 15 Jun 2010 08:00:00 EST

The Food and Drug Administration (FDA) and drug manufacturer Claris Lifesciences have announced a nationwide recall of two intravenous antibiotics that could endanger the lives of patients with weakened immune systems.

Pfizer, the US distributor of the drugs, announced that antibiotics metronidazole and ciprofloxacin along with a third drug that treat nausea could be potentially harmful to some patients because of unsterile floating matter seen in some of the products. The company, along with the FDA has warned doctors, hospitals, and other medical facilities to stop using the drugs immediately. The prescription drug recall came about after federal regulators alerted the drug company to the issue. IN addition to recalling the above drugs, Pfizer has also recalled a number of other medical products that are either injectable or that use an IV.

Pfizer believes that the drugs were tainted during the manufacturing process at its drug plant. Pfizer has 80 percent of the recalled drug in its possession already and has not yet received news of any harmed patients.

Woman And Child Killed In Daviess County Car Accident

Thu, 20 May 2010 08:00:00 EST

According to a local Terre Haute news report, a 50-year-old woman and a 4-year-old child were killed in a one-vehicle accident in Daviess County in Indiana.

Local Indiana police reported that the woman, Lisha Moffett of Shoals, Indiana, apparently lost control of her car while negotiating a curve on Highway 50 west of Loogootee. Both she and her passenger, a young boy named Rolen Wilson, were ejected from the vehicle as the car drove into a ditch and then flipped. Wilson was Moffett’s grandson.

Moffett died at the scene of the Indiana car accident while Wilson died at Daviess Community Hospital after being rushed to medical treatment by emergency responders. Moffett was not wearing a seatbelt at the time of the IN car crash. While Wilson was strapped into a booster seat in the front of the car, it is not known if the car seat was properly installed.

Driving in the rain: when is it most dangerous?

Thu, 20 May 2010 08:00:00 EST

It's common sense to take more precautions while driving in the rain, but do you know when rain-covered roads are most dangerous?

The answer: immediately after it starts raining.

The reason for this is simple. Even if you're not able to see it, cars and trucks leave a thin layer of hazardous material on the roads that consists of tire residue, oils and grease. When it first starts to rain, the water breaks these particles apart, leaving a very slick coating on the road that results in dangerous, slippery conditions, often causing car accidents.

After it’s been raining a while, conditions tend to improve, as the oil is "washed" away. Until it is, however, puddles can accumulate, and combined with compromised visibility, create additional hazards.

Police as well as auto clubs advocate using extreme caution when it starts to rain, especially if it follows a dry spell. The best advice is to allow yourself plenty of time to get to your destination, allow plenty of stopping distance between yourself and the car ahead of you, turn your headlights on, and if conditions dictate, pull off the road somehwere safe and wait it out. Getting somehwere a few minutes earlier isn't worth putting lives at risk.

Accident victims with TBI are more prone to depression

Thu, 20 May 2010 08:00:00 EST

The Journal of the American Medical Association has released a new study showing the incidence of depression after a traumatic brain injury. They studied a group of 559 people who suffered head injuries, and found that the incidence of major depression was nearly eight times higher than would be expected in the general population. However, of those with depression, only about half were receiving adequate treatment, therapy or medication and researchers noted that these numbers were likely under-reported. This is significant due to the fact that nearly 3 million people are currently living with traumatic brain injuries.

It was found that head injuries can cause the structure of the brain and its function to change and can predispose accident victims to depression. The symptoms to be aware of include acting restless or lethargic, feeling unworthy, difficulty concentrating, guilty feelings, low energy, personality changes and thoughts of suicide. Those who were depressed also experienced more difficulties with pain and mobility. This corroborates previous studies on the subject and researchers note that depression can last up to decades after the injury occurred.

Clearly depression after traumatic brain injury is common, but treatment is not. It is an invisible illness caused by an often invisible injury, and doctors are educating themselves as well as their patients by promoting detection. Since those with brain injuries remain at risk for developing depression at any point after the injury, periodic screenings should be a standard for care of those patients.

Lake County Man Wins $5 Million Indiana Medical Malpractice Lawsuit

Wed, 19 May 2010 08:00:00 EST

After losing his wife in a tragic Indiana medical malpractice incident in 2003, a Crown Point man was awarded $5 million in damages for the medical mistake.

Julie LaDere died in September of 2003 after doctors diagnosed her with Hodgkin's lymphoma. The treatment for the cancer, an often toxic drug called Bleomycin, left her lungs inflamed and the complications soon led to her death. Doctors did not treat the infected lungs with either of the common remedies for her health issue, steroids or restricting her oxygen, causing her death. She was initially treated at the ER in Saint Anthony Medical Center, Crown Point, Indiana.

Following her death from acute respiratory distress syndrome, her husband Michael LaDere filed an Indiana medical malpractice lawsuit against the doctors that failed to properly treat his wife. A Lake County Jury quickly decided on his multi-million dollar reward.

VA Disability claims 2010: The Forecast

Wed, 19 May 2010 08:00:00 EST

The Veterans Affairs Department expects to receive an additional 200,000 VA disability claims over the more than one million claims they received in 2009. They are currently handling these cases manually, and though they have an employment force of over 11,000 examiners, they struggle to keep pace.

There are plans to develop a system to process these claims for Vietnam veterans exposed to Agent Orange in a smoother and more timely manner. In March, the VA posted a notice in the Federal Register that it intended to add an additional three classes of diseases to the current list of 12 diseases associated with the exposure to Agent Orange.

The current list of diseases are what the VA deems presumptive claims. In other words, these are illnesses that don’t have to be proven were a result of military service. Just last week, the Senate Appropriations Committee added more than 13 billion to the fiscal 2010 Emergency Supplemental Appropriations bill to pay for the additional claimants expected as a result.

The VA department is looking for bidders to create a state of the art system that would include automation, claim forms that would be machine readable and would be web enabled. Such a system would certainly help clear up the backlog that’s due, in large part, to outdated, manual processing. Veteran’s advocacy groups are hopeful that the new system will facilitate claims and help all veterans claiming disability and pensions.

As it stands, the VA is still staring at a monster set of tasks. This is part of the reason our veterans are having such a difficult time obtaining their VA benefits. Using a lawyer can greatly increase your odds and save you from making mistakes that may jeopardize your claim.

Please remember, the location of your veteran's disability lawyer DOES NOT matter. Pick a law firm based on their ability, NOT their address.

Social Security disability applications increase in troubled economy

Tue, 18 May 2010 08:00:00 EST

Although there have been some strides in recent years, processing Social Security disability claims remains slow due to significant backlogs in the system. (Applicants in many states can expect a wait of two years or more.) The reason for the backlog is the large influx of new applications; a trend that is typical in a down turned economy. Sources note that a little over 3 million new applications will be received this year which is more than 300,000 over last year. Close to two-thirds of those claims will be denied, with the expectation that they will simply be dropped. For those people appealing their cases, chances are they will win and even be eligible for retroactive benefits, but it can take an extensive amount of time.

In an attempt to decrease instances of fraud, qualifying for Social Security Disability can be complicated without the assistance of a disability lawyer. It is governed by strict rules and regulations, as well as an intensive application process. Typically, a doctor must first state that the applicant is unable to perform his or her job, and if deemed unable, officials must try to see if the applicant can perform a new job or function. This is all an attempt to avoid a drain on the system by determining who truly qualifies.

After a doctor concludes that the applicant’s condition will preclude them from working for at least one year, the claim is filed. After filing, the average denial rate for first time claims is approximately 63 percent and the average waiting period for that denial is approximately 111 days. Applicants denied by the original state agency called the Disability Determination Services, can appeal back to that state agency. A large part, approximately 80-90 percent of those appeals are denied, taking an average of an additional 104 days. The next step would be to appeal to an administrative law judge. Over a half a million cases were decided this way, and judges approved approximately 63 percent of the appeals. Sources indicated, however, that the average process time is 491 days. Finally, those who are still denied can eventually take their cases to federal court, after a special council convenes, however, very few cases win at this level.

Michael J. Astrue, the Social Security commissioner, has succeeded, in small part to shorten the wait time for appeals by hiring hundreds of judges and accompanying support positions. However, with nearly 2 million people waiting to find out if they qualify for Social Security disability benefits, it’s a daunting task in an already overloaded system.

Why are fatal car accident cases declining in the U.S.?

Tue, 18 May 2010 08:00:00 EST

Car accidents causing death on U.S. roads have decreased this year; some sources report that these accidents are at their lowest since 1954. Full statistics for 2009 are not yet available, but if this pattern continues, it will mark the fourth straight year that traffic deaths have declined.

More surprising to officials is the fact that as the numbers of vehicles on the roads rise, the numbers of deaths have decreased! Why is this?

Current campaigns like "Click it or ticket" and "Over the limit, Under Arrest" are thought to be part of the success in reducing wrongful death claims. Both were designed to increase seatbelt wearers, and decrease drunk driving, respectively. Other factors include safer vehicle designs, standard, and side curtain airbags as well as child safety seats.

The National Highway Traffic Safety Administration (NHTSA) will continue promoting these campaigns, but has also begun a new campaign against distracted driving, which is an increasingly dangerous and common phenomenon. Oprah Winfrey has taken up the mantle as well. She’s created a pledge in which signers promise that their vehicles are "No Phone Zones". That means neither talking nor texting while driving is acceptable. Thus far, hundreds of thousands of people have signed the pledge. With Oprah’s conceptualization and endorsement, it’s turning into a nationwide campaign.

IN Woman Dies In Steuben County ATV Accident

Tue, 27 Apr 2010 08:00:00 EST

A young Steuben County woman is dead after the ATV she was riding on hit a log and flew out of control.

The Steuben County Sherriff's Department said that 23-year-old Abigail Hamilton of Muncie, Indiana, was pronounced dead at Cameron Community Hospital in Angola after emergency responders transported her from the ATV accident scene.

Hamilton was a passenger on an ATV driven by 25-year-old Joshua Cory of Kendalville who was driving with friends in unfamiliar territory when he hit a log in his path. The ATV flew through the air for almost 100 feet, flipping several times, before coming to rest. Cory was not seriously injured in the Indiana ATV accident.

The accident occurred on Saturday night at roughly 11:30 PM on a piece of land southwest of Orland, Indiana. It is not known whether either rider was wearing a helmet at the time of the IN ATV accident.

Veterans Affairs Department Eases Some VA Disability Requirements

Tue, 27 Apr 2010 08:00:00 EST

The requirements for qualifying for veterans’ disability benefits have been eased in some cases by the United States Veterans Affairs Department. For some recent US veterans, such as those who served in the Persian Gulf War, the Iraq War, or the Afghanistan War, it will be easier to obtain VA disability benefits and apply for VA disability benefits.

Going forward, these veterans will need only to prove that they served in one of the three above wars and that they have one of nine specific diseases. Instead of having to prove that the diseases were acquired due to their service in the armed forces, the men and women will be given presumptive status, and it will be assumed that they contracted their conditions during their time as soldiers.

The nine diseases are malaria, West Nile virus, brucellosis, campylobacter jejuni, coxiella burnetii, mycobacterium tuberculosis, nontyphoid salmonella, shigella and visceral leishmaniasis.

Do you know if you're eligible for VA disability benefits?

Wed, 07 Apr 2010 08:00:00 EST

The hardest part of obtaining VA disability benefits will be convincing the Veterans Administration that you are disabled due to active military service. There are five types of disability types to help you determine if you should be receiving VA disability benefits:

1) Direct Service Connection

In this instance, you will need to supply the VA with medical records that proves your disability was diagnosed during the time you were serving. You will also need to prove that the condition continues to negatively affect you today.

2) Presumptive Service Connection

Presumptive disability benefits are the "who," "what," "when," and "where" form of veteran's compensation. A veteran is entitled to presumptive disability benefits when the VA predetermines that your disability is connected to your "time," "place," and "type" of military service.

(Recently, the VA announced that several Vietnam vets qualified for presumptive illness benefits related to Agent Orange exposure.)

3) Aggravation Service Connection

You must be able to provide evidence that your condition existed prior to your military service and has worsened as a result of service.

4) Secondary Service Connection

You must be able to provide evidence to the VA that your disability or injury is the result of another service connected disability or injury. It's possible to obtain this rating by proving that a service connected condition caused a new disability, or made a pre-existing or non-service connected disability worse.

5) Injured as a result of VA medical treatment

Veterans who sustatin injury due to poor treatment at a VA hospital may be elgible for VA disability benefits. These benefits may also be granted to veterans who have an existing injury that was aggravated due to malpractice at a VA hospital.

Gulf War veterans should be cautious about encouraging VA news

Mon, 05 Apr 2010 08:00:00 EST

Recently, the VA officially recognized several diseases that are affecting soldiers who were deployed during the 1991 Gulf War. On the surface this sounds to be great news, but, unfortunately, the VA has a history of creating false hope:

In 1994 and 1998 there was a major push for Gulf Research, health care and benefits legislation. In both instances the VA fought against the entire list. (Even when the laws were eventually passed, the VA still fought against these benefits.)

Congress and veteran advocacy groups were forced to aggressively pursue the VA in an attempt to have them create the mandated Research Advisory Committee on Gulf War Veterans' Illnesses. (It eventually took the VA four years to create this group.)

VA managers intentionally refused to notify approximately 15,000 Gulf War veterans of a law that increased access to benefits and health care.

In the past, the VA staff has manipulated the Institute of Medicine scientific research reviews to not allow for certain types of studies to be included for consideration of veteran's health care and benefits. In one instance, the VA removed lab animal studies that showed a link between depleted uranium (DU) and birth defects and cancer.

The VA has also canceled Congressionally mandated contracts for Gulf War illness research at the University of Texas Southwestern (UTSW), and continues to fight against important research that would help us to further enhance medical treatment related to veterans who are victim to toxic exposures.

Let's hope that the VA does the right thing in this instance.

Why Indiana car accident news should similarly affect you and accident lawyers

Mon, 05 Apr 2010 08:00:00 EST

I think most of us are desensitized to car wrecks in Indiana. Honestly, what's the first thought you have when caught in a traffic back-up on I-65 or I-465? I'm guessing it might start with a mild expletive and gradually turn to eye-rolling, sighs, and repeated words of advice such as "Just GO already!" or "C'mon...Go Go Go!"

Shamefully, from time to time, I do it, too.  And like most people, it's not because I'm unconcerned with the well-being of the people who were involved in the accident. It's more likely due to the fact that car accidents are so common in our state, we view them as a nuisance rather than acceptance of the fact that we are behind an accident that may have changed someone's life forever.

Being that we are a well-known Indiana car accident lawyer, we receive dozens of calls every day that remind us of the chaos that exists on our roads.  But you don't have to be an Indiana car accident lawyer to be aware of this danger. If you tune into your favorite radio station on your way to or from work, you'll hear a spot dedicated to accident news and updates.  You can also hop on the web and visit car accident websites that report on major Indiana accident news--proof that Indiana car accidents are happening all around us.

With so many instances of car accidents staring us in the face, it's surprising that we don't take the time to be a bit more cautious in our travels. (Like many other aspects of life, people usually give little thought to a situation until it affects them personally.) Hopefully, the Hoosier state will slow down this summer and make the roadways safer for all.

12 car accident statistics and strange facts that you didn't know

Mon, 05 Apr 2010 08:00:00 EST

It's always fun to learn something new, especially strange and unusual facts.  After doing a bit of research, we uncovered a list of car accident facts and other bizarre automobile facts that will make you raise your eyebrows...at least a few times.

Some of the information we're providing is purely for entertainment, some of it is of a more serious flavor, yet all of it is true.

1)  Until 1973, whale oil was used in some car transmissions

2) All fifty states have some type of seatbelt law

3) Every day, nearly 135 million cars travel on our country's streets, roads, and interstates

4) On average, a driver will curse approximately 32,000 times in their lifetime while operating a car or truck.

5)  Weekends, between midnight and 3 a.m., are the most likely time for a person to be involved in a fatal crash.

6)  The very first speeding ticket was issued in 1904. The driver was ticketed for zooming at a rate of 12 mph.

7)  Almost 40% of fatal accidents involve alcohol.

8) The first car did not have a steering wheel--drivers steered cars with a lever.

9) It takes an airbag 40 milliseconds to fully inflate after an accident.

10) The inventor of the windshield wiper was a woman named Mary Anderson.

11)  Most car accidents occur within three miles of a person's home.

12) While you were reading this, approximately 4 car accidents involving injury occurred somewhere in the United States. (Statistics show that a car accident involving injury occurs approximately every 14 seconds, while a fatal injury related to a car accident occurs every 12 minutes.)

Linton, IN, Parents Sue Railroad Company Following Fatal Car And Train Wreck

Wed, 24 Mar 2010 08:00:00 EST

The parents of a young Indiana boy who died in a train-car collision are now suing for wrongful death. The Linton, Indiana, couple named both the Indiana Railroad Company and Greene County in their IN wrongful death lawsuit, claiming that both the train company and the county know about the dangerous intersection where their son, six-year-old Christopher Perez, was hit by a train. They also claim that numerous residents near the train crossing had complained about the dangers of the intersection in the past.

The train crossing at County Road 400 is at the top of a high grade and only had a stop sign to warn cars of oncoming trains. After the train-car accident, blinking lights and railroad crossing arms were added to the intersection. Perez suffered severe head injuries in the Indiana train and car collision and died ten days following the train wreck.

Lake Station Woman Wins $1.25 Indiana Medical Malpractice Lawsuit

Wed, 24 Mar 2010 08:00:00 EST

A woman from Lake Station, Indiana, has been awarded $1.25 million after she filed an Indiana medical malpractice lawsuit regarding a error made during an operation. In 2002, Mary Knight had a spinal surgery that resulted in serious nerve damages and permanent injury. The botched spinal surgery was performed by Dr. Alexander Miller, a surgeon working out of Merrillville, Indiana.

During the Indiana medical malpractice trial, Miller did not appear in court despite court orders. The Lake County jury sided with Knight, awarding her with $4.2 million for the serious injury and lifetime of pain that she suffers from. Because of Indiana Medical Malpractice caps and the Indiana Medical Malpractice Act, Knight will see only $1.25 million. Miller was also not present in court when the jury decided on damages.

When the doctor appealed the medical malpractice decision, the panel of judges found his argument to be disingenuous.

Indianapolis motorcycle lawyers have spring-time message for automobile drivers

Mon, 22 Mar 2010 08:00:00 EST

What do motorcyclists, bicyclists, and the rest of us (automobile drivers) have in common? The first few warm days after winter will bring us all out on the roadways...together. The problem is that the rest of us (automobile drivers) are still accustomed to winter driving, and not anticipating the presence of a motorcyclist or bicyclist. And this means potentially fatal consequences for bikers.

Our Indianapolis motorcycle accident lawyers are very familiar with police reports that depict a car resting next to the image of a severely injured motorcyclist laying in the roadway. All too often the driver of the car is quoted as saying "I didn't see him," or "I didn't know they were in the lane next to me."  The vulenrability of a motorcyclist is beyond great--it's astronomical.

With regard to a motorcyclists' responsibility, Indiana offers riders of all skill levels an Operator Safety Education Program. Besides taking the course for the obvious safety enhancement reasons, bikers should know that they may be eligible for a rdeuction on their motorcycle insurance if they complete the course! Not only is that a great incentive, it ensures that riders are fully educated and trained in proper avoidance techniques while on the roadways with cars, trucks, and semis.

In the end, the name of the game is "size."  A motorcyclist is much more likley to be in your blindspot due to their smaller size, and if you're still driving in a "winter driving" state of mind, you might be the witness (or cause) to a tragic accident.

The message to automobile drivers is simple: slow down and BE AWARE of the possibility that a motorcyclist or bicyclist my be next to, behind, or in front of you.

VA will reconsider previously rejected Gulf War Illness (Syndrome) disability claims

Thu, 04 Mar 2010 08:00:00 EST

The VA Secretary continues to push aggressively for the rights of disabled veterans, and this time Eric Shinseki has his sights set on veterans with “Gulf War Illness.”

Veterans with Gulf War Illness (or Gulf War Syndrome) exhibit a wide range of chronic symptoms that include fatigue, headaches, loss of muscle control, vertigo, loss of balance, problems with memory, joint and muscle pain, skin rashes, weak immunity, and birth defects.

The call for the Veterans Affairs Department to re-examine the rejected claims of Gulf War vets claiming to suffer from the symptoms of this illness comes nearly twenty years after the war’s end.

This is the latest show of force by Shinseki, who recently announced that hundreds of thousands of Vietnam vets exposed to Agent Orange would now have the opportunity to seek service-related compensation for B-cell leukemias, Parkinson's diseases and ischemic heart disease.

Gulf War veterans who were previously told that their symptoms were a product of their imagination, will now be working with medical staff that has acquired improved training and a better understanding of an illness that is anything but imaginary.

The recent news coming from the VA suggests that Shinseki is sincere in his dedication to a cause that has been overlooked for far too long: the welfare of the men and women who served our country when called upon. It’s certainly a welcome change to watch as someone other than our sick veterans fight for the rights and welfare of our disabled soldiers.

Aggressive Harbor Beach Dog Owner Awaits Dog Attack Sentencing

Fri, 26 Feb 2010 08:00:00 EST

In August, we covered the story of a tragic MI dog attack in which a young boy was mauled by an aggressive stray dog in Bad Axe, Michigan. In the case, the boy was approached by a dangerous dog while feeding his own dog in the back yard. Six-year-old Luke Volmering was treated for serious dog bites on his hands and face at Children’s Hospital in Michigan, Detroit, and given precautionary rabies shots.

Now authorities are saying that they are not sure if they charged the right person for the stray dog attack. The child was attacked on August 20, and the child’s father shot the charged man’s dog the next day, assuming it was the same dog. Police say that 30-year-old Randy M. Weiss will still face misdemeanor charges of having an unlicensed dog and of having a stray dog.

Sentencing will take place on March 11 in Huron County.

Traumatic Brain Injury (TBI) Statistics and Prevention

Wed, 24 Feb 2010 08:00:00 EST

According to Center for Disease Control and Prevention, a traumatic brain injury (also known as TBI) is an affliction that 1.4 million Americans sustain each year, 50,000 of which don’t survive. While TBI’s have differing levels of severity (ranging from mild to severe), they are usually acquired from a simple injury to the head and/or neck. Falls are the leading cause accounting for 28% of TBI’s, while motor vehicle accidents account for 20%. However, motor vehicle accidents have a higher frequency when it comes to TBI hospitalizations, which studies have shown effect over 280,000 people each year. The causes of the injury are wide in variety and can occur from open or closed head injuries to deceleration injuries (also known as a diffuse axonal injuries), but its complexities delve much deeper.

A traumatic brain injury can have life-altering effects on a victim’s emotional and physical well-being, but can also do severe damage to the physical nature of the brain. The injury may require years, if not decades, of special care and rehabilitation from care facilities like CareMeridian. The impairments from a brain injury can affect speech, vision, coordination, the short term and long term memory, and may even result in mood swings and behavioral changes in personality. Considering that every brain injury is different, rehabilitation depends on the individual case and injury; yet, prevention is possible.

Prevention is the key focus with regard to TBIs due to their devastating effects. And wearing a seatbelt is one small step toward decreasing the likelihood of suffering from a TBI.

Driving while under the influence of alcohol or drugs greatly increases your odds of suffering a TBI. In fact, according to the Brain Injury Association of America more than 50% of people with a brain injury were intoxicated at the time of their injury. If the correct precautions are taken, the severity of TBI’s can be reduced if not completely prevented.

Illinois Insurance Company Tries To Avoid Paying In Dog Bite Case

Wed, 24 Feb 2010 08:00:00 EST

It’s no secret that insurance companies will find loopholes in order to avoid paying out claims – even if they are valid. In Illinois this week, that may be the case with one insurance company has denied a dog bite claim on shaky grounds.

In July, a young girl, Chole Pluger, was bitten by a dog owned by Gary and Sharon Lindstrom of Grundy County. The father of the girl, Matthew Pluger, filed a suit against the Lindstroms. However, the Lindstroms’ insurance company, Illinois Farmers, is claiming that Chole was a member of the household since Chole’s mother and the Lindstroms’ son were living together under the Lindstroms’ roof for several months before the accident took place and for two weeks after the IL dog bite incident.

Because of this specification, Matthew Pluger may not receive damages for his daughter’s Illinois dog bite injuries from the homeowner’s Illinois insurance company.

Which states are home to the worst drivers in America?

Tue, 23 Feb 2010 08:00:00 EST

Our last blog entry created a bit of a stir, especially among those who worked in the professions that were labeled as "the worst drivers on the road." In keeping with the bad drivers theme, we decided to search out which states in the U.S. pose the most danger to you as a driver or pedestrian.

The study was initially conducted by GMAC Insurance to learn how many Americans could pass a standardized drivers test. (Before you read on, take the driving test yourself, and after you're done, maybe you'll be brave enough to post your score???) When the results were tallied, it was found at least one of every five drivers doesn't know when to use bright lights, how to follow directional arrows, or when highways are the most slippery. 1 of 5! These numbers aren't very reassuring...

So which states are home to the drivers who fared the worst on this test? Here they are from worst to best:

51. Rhode Island
50. District of Columbia
49. Massachusetts
48. New Jersey
47. New York
46. Maryland
45. Hawaii
44. Connecticut
43. New Mexico
42. Pennsylvania
41. Florida
40. South Carolina
39. Nevada
38. Delaware
37. Missouri
36. Alabama
35. Oklahoma
34. Ohio
33. Maine
32. North Carolina
31. Louisiana
30. Georgia
29. Arizona
28. Virginia
27. Arkansas
26. New Hampshire
25. Kentucky
24. Texas
23. Tennessee
22. Illinois
21. Mississippi
20. Utah
19. West Virginia
18. North Dakota
17. Michigan
16. Colorado
15. Indiana
14. California
13. Alaska
12. Minnesota
11. Wisconsin
10. Wyoming
9.  Iowa
8.  Kansas
7. Nebraska
6. Montana
5. South Dakota
4. Idaho
3. Vermont
2. Washington
1.  Oregon

Will VA fix the veterans disability claims backlog in 2010?

Mon, 22 Feb 2010 08:00:00 EST

The Secretary of Veterans Affairs has had enough, and he's making it his mission to help alleviate the backlog of veterans disability claims that exist inside the VA. For those who aren't aware of the crisis facing the VA, you only need to type "VA disability backlog" into Google to get a snapshot of the problem.

At present, disabled veterans are sometimes forced to wait years for approval of their disability rating and claim. Eric Shinseki believes this to be unacceptable. Shinseki considers himself to be a kid of the Vietnam era and has personal attachment to the hundreds of thousands of disabled Vietnam vets who were exposed to Agent Orange. In fact, it was Shinseki (a former Army chief who had part of his foot blown off in Vietnam) who is making it easier for disabled Vietnam vets receive service-connected compensation.

If Shinseki gets his way, and the VA follows his lead, it's possible that today's soldiers serving in Iraq and Afghanistan may return to a more streamlined system, one that will ensure benefits for our disabled vets suffering from post-traumatic stress syndrome, as well as hundreds of other types of physical and mental disabilities as a result of war-time trauma.

Disabled veterans need to be mindful that it's possible their disability rating can be upgraded depending upon their symptoms and condition. It's never a bad idea to contact a qualified and accredited veterans disability lawyer to discuss your current rating and claims status to see if we can increase your disability benefits.

Who are America's worst drivers? Men? Women? We have the results...

Mon, 22 Feb 2010 08:00:00 EST

Spoiler Alert: It's not just men, nor is it just women. But before you read further, make your own Top-10 list of the people you believe to be the worst drivers on the road.

As a child, the answer for me largely depended upon if I was riding with mom or dad: mom swore that men were terrible drivers and dad pinned the dangers of the highway on women.

This is a debate that likely started as soon as America was "put on wheels." But the truth is that the answer can't be found by simply pointing to a gender or a particular age group--it goes deeper than that. In fact, according to a study done by insurance.com, it depends on your profession.

After reviewing claims according to profession, the study revealed the following Top 10 dangerous drivers:

10. Nurses

9. Coaches

8. Barbers or Stylists

7. Marketing/Advertising Professionals

6. Dog Groomers

5. Business Professionals

4. Bartender or Waiters

3. Government Worker

2. Financial Professionals

1. Lawyers and Judges

Number of female veterans treated by the VA is rapidly increasing

Mon, 08 Feb 2010 08:00:00 EST

It might surprise some to learn that 11% of our armed forces are made up of women; that equates to more than 240,000 female soldiers that have been deployed to Iraq and/or Afghanistan.  This number represents the highest number of women involved in any conflict of which the U.S. has been involved. (For comparison's sake, the Department of Defense estimates that only 7,500 women served on active duty in Vietnam.)

A female soldier not only deserve the same respect as their male counterpart, they should also be recognized by the Veterans Administration (VA) in the same capacity.  However, according to some, the VA is playing 'catch-up' when it comes to the treatment of our female veterans.

Advocate groups such as the Service Women's Action Network claim that female veterans are viewed in a different light when they attempt to seek treatment through the VA--even attending a medical appointment can be an extremely stressful experience for a woman veteran. Some servicewomen feel that they are forced to prove their veteran status in spite of the fact that they are coming to the VA with post-traumatic stress disorder, or in some instances, traumatic physical injuries such as a loss of limb.

The problem with these claims is that no official studies have been performed to determine if indeed there is a bias toward male soldiers that make it more difficult for female soldiers to receive treatment. At present, the only word we have on the matter is that of our female veterans.

Reglan lawsuit update: Court of Appeals rules against generic Reglan maker

Wed, 03 Feb 2010 08:00:00 EST

Actavis, Inc. (the manufacturer of several drugs, including a form of generic Reglan) recently tried to convince the U.S. Court of Appeals that federal law does not allow people injured by their drug to file a "failure-to-warn" claim against the drug maker.  In other words, Actavis, Inc., isn't wholly denying that their drug may cause Tardive Dyskinesia, and they disagree with people who suggest that their generic form of Reglan is being marketed with inadeqaute warnings about the possible harmful side-effects.

They U.S. Court of Appeals doesn't agree with Actavis's argument and has ruled in favor of people injured by the generic form of Reglan.  This is bad news for Actavis, Inc. and good news for the people who were misled by the drugmaker's poor efforts at warning about the serious side-effects that can occur.

Actavis's drug is the generic form of Reglan, which is used to treat people who suffer from various gastrointestinal disorders. Several people who have been injured by the drug have filed Reglan lawsuit claims against the manufacturer claiming that the side effects have caused symptoms that include:

• Involuntary and repetitive facial movements such as lip smacking, blinking, tongue clicking and thrusting, and lip movements
• Involuntary movement in the fingers, hands, toes, feet, arms, legs, shoulders, and trunk
• Difficulty walking, talking, breathing, and swallowing

Top-rated Reglan lawyers discuss signs and symptoms of Tardive Dyskinesia

Wed, 03 Feb 2010 08:00:00 EST

A lot of people, old and young, suffer from heartburn or acid reflux disease. And it's very possible that your doctor may have treated you with a drug called metoclopramide. Most people will better know this drug by the more common brand names of Reglan or Maxalon.

Recently, a lot of negative press and medical findings have encouraged injured patients who were on Reglan to seek legal representation. We are a leading law firm currently investigating and accepting Reglan drug cases. As we continue to litigate agianst drugmaker Wyeth we want our clients and current patients to be highly informed with regard to the medication's harmful side-effects.

The diagnosis of primary concern is Tardive Dyskinesia; it is the most visible sign of Reglan damage. It's primary symptoms include uncontrollable muscle movement in the face, jaw, arms and legs. Patients who suffer from Reglan damage may also report forced blinking and tongue movement. If you have any of these symptoms, it is not only suggested that you see your doctor immediately, but that you also contact a leading Reglan lawsuit lawyer so that your case can be effectively presented to the drugmakers.

There are several other Reglan side effects, some of which can be life threatening, so it is very important that you fully discuss with your doctor the possible dangers of taking Reglan.

New warning for semi-truck and bus drivers: Texting is now illegal!

Wed, 27 Jan 2010 08:00:00 EST

Driving in front of, beside, or near a semi-truck puts me on edge. Whether it's the size, noise, or simple intimidation factor of a tractor trailer, most people will admit to feeling a level of uneasiness while traveling in the vicinity of a semi truck.

The jitters and double-takes I experience on interstates are most likely due to the large number of tragic semi cases that our firm handles.  Speaking to someone who has lost their child, husband, or spouse to a trucking accident is obviously a mournful occasion, but the fact that it involves a semi-truck always seems to heighten the level of animosity on behalf of all the parties involved.

However, looking up to see a semi-truck driver texting while he's behind the wheel is an entirely different kind of 'frightening'.  And it happens more frequently than you would ever know. Fortunately, the Department of U.S. Transportation has taken notice.  Effective immediately, semi-truck drivers and bus drivers who are caught texting while driving will be subject to civil or criminal fines of up to $2,750.00.

Common sense should tell us that texting and driving is not only dangerous, it's simply foolish.  There are endless examples of texting tragedy, yet, in spite of our better judgement, people continue doing it. I have yet to hear a good argument for texting and driving, and if you think you have one, I imagine you will have a difficult time convincing someone who has lost a child, or was a victim of an accident themselves, due to texting and driving. Hopefully, future laws will bring similar penalties and fines not just to truck and bus drivers, but to everyone who operates a motor vehicle.

Vets with post-traumatic stress disorder (PTSD) may receive upgrade

Tue, 26 Jan 2010 08:00:00 EST

Approximately 20% of soldiers returning from Iraq and Afghanistan report experiencing some level of post-traumatic stress disorder (PTSD). It's a staggering number considering these only represent the documented cases. The true number of cases are unknown, as several veterans may not seek assistance. And in the worst case scenario, many vets have sought out assistance from the Veterans Administration (VA) only to be denied veterans benefits related to PTSD.

With regard to those vets who were denied PTSD benefits, it appears they may soon be seeing a very positive reversal. In response to a recent class action lawsuit filed by combat veterans, the VA has agreed to reevaluate the medical records of some 4,300 recent vets who were discharged with PTSD. It's assumed that some of these veterans were improperly denied benefits.

Iraq and Afghanistan veterans who "opt-in" as part of this lawsuit have a deadline date of July 24th if they wish to be part of the reevaluation.

Veterans who have yet to file for benefits related to PTSD, should visit the National Center for PTSD to better familiarize themselves with the symptoms and treatment that is available.

Indiana Construction Worker Injured In Fall Through Hole

Sun, 24 Jan 2010 08:00:00 EST

On Tuesday, January 13, a construction worker at Mackey Arena in West Lafayette, Indiana, was seriously injured when he fell through a hole ten feet to the floor below.

The injured Indiana worker was employed by New Castle, Indiana-based subcontractor Hoosier Steel. He was working on the $100 million renovation of the Mackey Arena at the time of the worker accident. He was loading metal decking onto the fourth floor penthouse of the structure when he stepped into the hole.

The unnamed worker was taken to St. Elizabeth Medical Center after the Perdue Fire Department responded to the scene of the accident. He suffered an arm injury in the fall.

Hoosier Steel is beginning an investigation into the construction worker fall accident. It is unclear if other safety organizations will also conduct an investigation. Hundreds of serious worker falls take place each year in Indiana.

Trucker Dies In Freak Toll Booth Accident On Indiana Toll Road

Mon, 18 Jan 2010 08:00:00 EST

Early on the morning of January 7, Indiana State Police say that a trucker at the Portage toll plaza was killed in a bizarre truck accident while the driver was getting a toll road ticket. According to reports, 47-year-old Jaroslaw Lelis exited his truck to get a toll ticket when his truck rolled backward. Lelis became pinned between his truck door and a concrete poll that protected the tollbooth.

Rescue workers arrived at the scene of the truck accident and transported the injured trucker to Porter Valparaiso Hospital Campus. He died of massive head trauma. The Indiana truck accident occurred on the eastbound side of the Indiana Toll Road in lane 4E of the toll plaza at 2 am in the morning on Thursday.

IN police added that the odd truck accident occurred before the winter storm began in the area later in the day. It is not clear why the truck rolled backward causing the fatal accident.

President Obama adds pressure to VA's disability benefits backlog woes

Mon, 18 Jan 2010 08:00:00 EST

President Obama's order of 30,000 troops to Afghanistan has placed additional pressure on the Veteran's Adminsitration (VA). Already troubled by hundreds of thousands of backlogged disability cases, the VA is now faced with a potential wave of new claims as troops prepare to mobilize.

The following 5 steps would be a good start for the VA to help implement reform:

1) Lower the production quota...

Processors are currently required to rate 3.5 claims a day. If done properly, rating a veterans' disability claim is very time-consuming, and it's not uncommon for a processor to fall below this quota.

When a processor falls behind on their quotas, they and their managers run the risk of being fired. Needless to say, people begin to take shortcuts, thus leading to errors and inaccuracies, and, ultimately, denied veterans' disability claims.

2) Hire more veterans' disability claims processors!

If we lower the production quota to ensure a more accurate handling of the claims, then the VA could use their recent budget increase to hire more claims processors. This would increase quality control, alleviate the backlog of pending claims, and reduce time and money lost on correcting errors. Additionally, the VA could adequately staff regional offices based on battlefield statistics to help anticipate where injured veterans would be filing their claim.

3) Training, training, training...

Claims processors need to be accurately trained to help reduce the possibility of error. Errors committed on claims hurt a disabled veteran's chance of receiving needed benefits, but it also costs taxpayers hundreds of thousands of dollars in overpayments.

4) Switch up the performance-ratings system

Perhaps it's time the VA began to rate a claims processors' performance on the number of injuries they rate. There are several disabled veterans' claims that only have "some" of their injuries processed, thus by altering the performance-ratings' system, it makes it easier for the VA to award partial payments to veterans.

5) Penalize the VA for poor performance

Any time a decision is overturned on appeal, the claims processors and the VA regional offices they work at should lose production credit. By increasing the risk of losing production credit, the VA is forced to take measurable steps to ensure effective claims handling is occurring.

Parkinson's disease, B cell leukemia and heart disease are linked to Agent Orange in Vietnam veterans

Tue, 05 Jan 2010 08:00:00 EST

Disabled Vietnam veterans with Parkinson's disease, B cell leukemia or coronary artery disease (heart disease) are waiting for an official ruling from the Department of Veterans Affairs (VA) that will possibly pay them veterans disability benefits that are long overdue. Forty years after Agent Orange was last used in Vietnam, the VA and Defense Department have finally identified it as the cause of presumptive illness in many disabled Vietnam vets. (The VA currently provides a list of diseases related to Agent Orange exposure.)

It's important that Vietnam vets understand the meaning behind "presumptive illness." Veterans with the presumptive ailments caused by Agent Orange toxins will qualify for disability compensation if they are able to show that they visited Vietnam at any time from 1962 to 1975. A presumptive illness doesn't require a Vietnam vet to prove a direct association between their medical condition and military service. And so these new claims don't contribute to the already existing backlog of applicants, the VA intends to accept letters from a vet's family physicians supporting claims for Agent Orange-related conditions.

The DVA estimates that approximately 185,000 Vietnam veterans could become eligible for disability benefits after the rule change takes place. (The new ruling is expected to pass sometime in 2010.) The estimated cost for the VA in ensuring that Vietnam veterans receive their disability payments could reach $50 billion. There will also be an effort to fully compensate the widows of Vietnam veterans who died of Agent Orange disabilities. Surviving spouses will be eligible for retroactive benefits and VA Dependency and Indemnity Compensation.

This is a well-deserved victory for the many thousands of Vietnam vets who were previously denied their disability claim. It's also a critical announcement to the thousands of vets who never even filed their claim, but will likely be eligible for benefits. The numbers are expected to be particularly large with regard to the number of Vietnam veterans who file a disability claim due to heart disease.

Vietnam veterans will not be eligible for disability compensation if evidence is found that any of the three diseases are a result of a non-service cause.

60 Minutes uncovers a nightmare facing disabled veterans waiting for disability benefits

Mon, 04 Jan 2010 08:00:00 EST

"Delay, Deny, and Hope That I Die..."

That's the motto being given to the Veterans Benefits Administration (VBA) by our disabled veterans.

After viewing last night's veterans disability story on 60 Minutes, it seems fitting. While 60 Minutes didn't tell us anything we didn't already know about the VBA, it certainly did an excellent job of highlighting the burgeoning crisis facing our disabled veterans seeking benefits.

Watch CBS News Videos Online

Our government continues petitioning our soldiers and their families to make sacrifices for our country. Yet, when that soldier's sacrifice leads to a debilitating injury, the government seems to do an about-face, leaving the disabled veteran on their own to fight within a system that can leave them waiting four years to receive needed medical benefits. The only hope a disabled veteran might have in many instances, is to hire a

qualified veterans disability lawyer.

One of 60 Minutes guests, Paul Sullivan, highlighted some depressing facts.  (Mr. Sullivan is executive director of Veterans for Common Sense, an advocacy group that works on behalf of veterans' issues.)

"The VBA tilts the scales very heavily against veterans. Right now, when VBA makes a mistake on a claim, almost always the mistake is in favor of the government. Very, very few cases of fraud are ever found." Mr. Sullivan further stated, "The number of veterans who appeals their claim is in the tens of thousands and ballooning. Right now, the Board of Veterans appeals, which is another government agency outside of the VBA, has 200,000 backlogged appeals. That's a nightmare, that's an outrage!  Two hundred thousand veterans waiting on average 4 years to get an answer from the DVA."

Our veterans deserve better. You deserve better, and you shouldn't have to wait to receive veterans disability benefits that are rightfully yours.

Recent changes in our law have made it so that you no longer have to wait on the government. You can take charge of your claim by getting outside help.  Disabled veterans are now legally allowed to hire a qualified veterans disability lawyer to help them fight their appeal.

We can help you fight back, and fight back NOW!

Is the Veterans Administration a friend or foe to disabled veterans?

Mon, 04 Jan 2010 08:00:00 EST

Abraham Lincoln said the purpose of the Veterans Administration (VA) was to "care for him who shall have borne the battle." A noble and just quote, indeed. However, the wars in Iraq and Afghanistan have pushed the VA further behind in that mission, and today there are a million veterans waiting for the VA to handle their disability claims

In a recent 60 Minutes investigative report, the V.A.'s Deputy Undersecretary for benefits (Michael Walcoff) said he is aware that disabled veterans view the V.A. as an adversary, and not an advocate. He further states that the V.A. has been doing a lot of things over the last year to try to convince veterans that the V.A. is interested in the welfare of disabled veterans.

The question that begs explanation is, "Where do the perceptions that the V.A. doesn't care about our veterans come from?" When 60 Minutes pressed the Deputy Undersecretary for an answer, he responded by saying he "didn't know, but is aware of them."

And while there is plenty of justification for the negative attitude veterans have toward the V.A., it wouldn't be entirely accurate to say that the V.A. doesn't care about vets. There are certainly good people within the V.A. who want to see disabled veterans get the benefits they deserve; however, the system is so badly broken that no one is quite sure how to repair it.

One of the most recent steps the V.A. has taken is to expand their Disability Evaluation System program. This is only one of many steps that need to be taken to properly address the problems facing our disabled U.S. veterans.

Disabled veterans seeking benefits receive good news: "VA to expand disability claims test"

Tue, 29 Dec 2009 08:00:00 EST

A wounded veteran attempting to obtain their disability rating is going to be put through the ringer. The process takes an unusually long time, is filled with redundancy, and can be very confusing. However, recent news shows steps are being taken to try and streamline the disability rating process.

Starting January 2010, the existing Disability Evaluation System program will expand to thirty-three installations. (Currently, there are twenty-seven military facilities that take part in the program.) The six new installations will include: Fort Benning, Ga.; Fort Bragg, N.C.; Fort Hood, Texas; Fort Lewis, Wash.; Fort Riley, Kan.; and Portsmouth Naval Medical Center, Va.

An official spokesperson for wounded warrior care was quoted as saying, "The decision to expand the pilot was based upon favorable reviews focusing on the program's ability to meet timeliness, effectiveness, transparency and customer and stakeholder satisfaction."

What does this mean? It would seem that the Disability Evaluation System program is working.

Started in November 2007, the program was designed for soldiers and veterans who left the military under honorable conditions for service-related injuries. The main purpose of the program was to address the inconsistent rulings in medical evaluations in separate disability processes utilized by the Defense Department and Veterans Affairs (VA).

If a wounded veteran does not use the pilot program at one of the above-designated medical facilities, their evaluation will be reviewed by the Defense Department physicians, then by the VA. This means that the wounded veteran will undergo a time-consuming, confusing, duplicative process, first with the Defense Department physicians and then with the VA. This is simply unacceptable treatment for our country's heroes.

The advantage of the Disability Evaluation Systems program is that it allows physicians in both departments to collaborate on medical findings. Wounded veterans will undergo one medical exam and obtain a single-sourced disability rating. The result is a much faster process that helps validate the claims and benefit payments for disabled veterans.

To date, more than 5,400 soldiers and veterans have participated in the pilot program.

Your Indianapolis semi-truck accident lawyer should know about the "comic book"

Tue, 29 Dec 2009 08:00:00 EST

Semi-truck driver fatigue is a problem, a very big and dangerous problem. No one will argue that truckers don't have a tough job: long hours, sleep deprivation, fatigue, pressure to deliver loads on time or early, delivering more loads than ever before, etc.  However, the bi-product of these demands often leads to serious injury or death. Research has shown that every hour a trucker spends behind the wheel, the higher the chances that they will cause a serious semi-truck accident.

Indianapolis serves as a hub and passageway for thousands of semis using I-465, I-74 and I-65 as a transportation route to cities like Chicago and St. Louis. And while Indiana may be considered the Crossroads of America, we're also a breeding ground for accidents involving semi-trucks. It's a fact that Indianapolis semi-truck accident lawyers can easily verify.

"Since fatigue is a common factor in Indianapolis semi-truck accidents, is anything being done to stop tired truckers from driving?"

Yes. In January 2004, the Hours-of-Service Regulations took effect, stating that interstate commercial truck drivers won't be allowed to drive more than 11 hours or drive after 14 hours on duty until they have had a 10-hour break. Further, semi-drivers cannot drive after accruing 60 work hours during a 7-day period or 70 work hours during an 8-day period, but a "restart" provision will allow truckers to drive 77 hours in 7 days or 88 hours in 8 days.

The problem: studies show that these regulations are commonly violated.  Regulations currently allow truckers to record their hours in a written logbook, which semi-truck drivers refer to as "comic books" because of how easily and commonly they are falsified.

The "comic book" is only one piece of evidence that needs to be examined by an Indianapolis semi-truck accident lawyer.   There are several factors that exist in a semi-truck case that don't present themselves in ordinary car accidents. Remember, there is nothing ordinary about an accident with a semi-truck. the problem is so bad that truckers refer to the log book which they record their hours into as the "comic book."

Burn pits may pose long-term health risks to soldiers in Iraq and Afghanistan

Fri, 18 Dec 2009 08:00:00 EST

It appears that “burn pits” are yet another health risk facing our soldiers in Iraq and Afghanistan. Despite the more obvious dangers facing our troops, the emergence of burn pits and their waste have caused a bit of debate among health officials and the military.

The open-air pits, which are used instead of enclosed incinerators, have become commonplace on some of the Iraq and Afghanistan bases and outposts, leaving soldiers vulnerable to the smoke and refuse they release into the air as the waste burns.

It wasn’t long ago that the military insisted that soldiers who were stationed near burn pits faced no long-term health risks, and were only at risk for temporary resparatory problems (persistent coughing) and eye irritation. Now, it appears the military is backing off those claims.

A top military health official, Dr. Craig Postlewaite, cited in a recent media interview that certain troops, who have other medical conditions, may be at risk for long-term effects. He went on to state that the level of risk a soldier faces is largely dependant upon genetics and pre-existing health conditions.

The failure by the Department of Defense and Veterans Affairs to recognize burn-pit exposure has led to a large rumbling from our country’s veterans. As a result both groups have agreed to conduct a larger study of troops to determine what other health effects there could be.

Soldiers and disabled veterans have complained of symptoms ranging from chronic bronchitis, asthma, sleep apnea, chronic coughs and allergy-like symptoms to more serious health issues including heart problems, lymphoma and leukemia.

The Disabled American Veterans Organization has been keeping a database of troops who report problems related to the pit. In one year, nearly 500 service members or their families have come forward, said the DAV's John Wilson.

Disabled veterans who were exposed to burn pits are encouraged to contact the Department of Veterans Affairs as well as a qualified veterans disability lawyer to help determine what benefits may be available to them.

Snow Causes A Rash Of Accidents Across Indiana

Tue, 15 Dec 2009 08:00:00 EST

This winter’s first significant snow storm and inclement weather was to blame for an increase in traffic accidents across Indiana this week – with I-65, I-69 and city streets in Indianapolis all seeing a greater than usual number of car accidents. In many cases, light dustings of snow melted onto roadways, causing slick conditions and black ice.

In Clinton County, a number of early-morning car crashes on I-65 left one dead and a number of vehicles damaged. Indiana State Police also reported a large number of one-vehicle accidents in which cars left the roadway after their drivers lost control. In Indianapolis, an estimated 100 weather-related accidents were called in. All of the accidents resulted in closed lanes and traffic delays – one bus accident even took down power lines. In another accident, an elderly woman lost control and her car slid into a pond, killing the woman.

More snow is expected in Indiana soon.

Pit Bull Dog Attack Stops Mail Delivery In Michigan Neighborhood

Thu, 10 Dec 2009 08:00:00 EST

A dog attack in Sturgis, Michigan, has left a neighborhood without mail service. On the Saturday after Thanksgiving, a US mail carrier was bitten by a three-year-old pit bull when trying to deliver mail on West Congress Street. The dog bit the woman while another aggressive pit bull also approached. The woman was sent to the hospital with dog bite wounds.

According to Sturgis Post Office supervisor Tom Picker, the street in that area of town is infamous for dangerous and aggressive dogs and the neighborhood is simply too dangerous to deliver mail to. Picker said that mail would not resume for the time being in that area and that the dog would have to be removed.

The dog’s owner, Kipp Vanzile, said that they have trained their pit bulls and have even used a shock collar on the dogs. Although Vanzile issued a public apology, she does not have plans to get rid of her pet.

IIHS Announces Safest Vehicles of 2010

Tue, 24 Nov 2009 08:00:00 EST

The IIHS has released its safest vehicles of 2010 list. Their picks were based on 4 categories:

Front Impact: Front impacts were done offset at 40mph. Each vehicle is evaluated
on the amount of intrusion into the vehicle, injury assessment sustained by the crash Hybrid
III dummy, and how well the vehicle’s restraint system controlled the dummy occupant
during the crash via analysis of slow-motion video playback.
Side Impact: Side impact assessments were performed by a moving barrier that strikes the car
at 31mph. The barrier is designed to replicate the front of an SUV or pick-up. The
assessments are based on the injury measurements from 2 instrumented SID-II crash dummies.
Also rated in the side impact collision are the head protection features. These include side curtain airbags or restraints, and overall sturctural integrity of the vehicle.
Roof Strength: For the roof strength test, a flat metal plate is pressed at a steady speed against one side of the vehicle’s roof. If the vehicle passes the test to earn a GOOD rating for rollover protection, the vehicle’s roof must be able to withstand a pressing force of four times the vehicle’s weight without compressing five inches--a strength-to-weight ratio measurement.

(For example, if the vehicle weighs 4,000lbs, it must be able to withstand the pressing force of 16,000lbs. In order for the IIHS to give a vehicle an ACCEPTABLE rating, the vehicle must be able to withstand a minimum of 3.25 strength-to-weight ratio, MARGINAL needs a 2.5, and vehicles below 2.5 receive a POOR rollover rating.)
Rear Impact: Rear impact crash protection was measured based on calculations of the distance between the head and the head restraint, and how much force is placed on the neck during impact as a result. This test is performed on a stationary vehicle that is struck at 20mph. If the vehicle's seats cannot be positioned to provide good protection, it will receive a POOR rating.

The complete list of vehicles and specific ratings exist on the IIHS website. In addition to this list, you can view several other non-biased reports and findings regarding vehicle safety information.

Research is always recommended before purchasing a new vehicle, especially if you wish to buy the safest vehicle to fit your needs.

Accutane Attorney Has Promising News For Injured Clients

Wed, 11 Nov 2009 08:00:00 EST

A recent study has reinforced Accutane attorney claims that the acne drug can be linked to certain instances of inflammatory bowel disease and ulcerative colitis.

"Time is quickly running out for Roche," said Jim Keller, an attorney for the high-profile Accutane Team litigation group. "Until now, much of the evidence against Roche was anecdotal. Now, we have medical evidence that proves our clients' illnesses are a direct result of Accutane use."

The drug study was performed by researchers from the University of North Carolina, Chapel Hill, and they presented their findings to the American College of Gastroenterology, which revealed a higher incidence of bowel disorders among Accutane users compared to those who did not use the acne drug.

Accutane attorneys, like those for the Accutane Team, have filed lawsuits agaisnt Roche to force the pharmaceutical company to provide full disclosure to clients so that they are properly informed of the risks or, alternatively, to take the medication off the market completely.

The Accutane Team represents clients who were not adequately informed of the increased risk of inflammatory bowel disease. The legal team continues to secure verdicts on behalf of their injured clients and are actively reviewing Accutane cases for potential claims.

Bloomfield, IN, Man Killed When Fed Ex Truck Strikes Fallen Tree

Mon, 09 Nov 2009 08:00:00 EST

In Clay County, Indiana, a Fed Ex truck driver was killed on Saturday morning when his vehicle struck a fallen tree in the road. The Clay County Sheriff's Department said that 55-year-old Raymond Wesley Corey of Bloomfield, Indiana, was driving on State Route 157 just after seven in the morning this weekend when his truck collided with a tree lying across both lanes of the highway.

Clay County Coroner Joel Reinoehl pronounced the Fed Ex worker dead at the scene of the truck accident. Indiana SR 157 south of County Road 800 South remained closed as emergency workers cleared the scene of the fatal Indiana truck accident and while the Indiana State Highway Department removed the fallen tree. Corey was originally from Terre Haute, Indiana.

Investigators are unsure of what caused the tree to fall or why Corey did not see the obstacle.

Missouri City Man Attacked By Rottweiler – Neighbor Shoots Dog

Sun, 08 Nov 2009 08:00:00 EST

A man walking his dog to the post office in Missouri City on Wednesday, November 4, when an unleashed dog attacked the pair on the road. Witnesses say that a man passing in a pickup truck saw the struggle, pulled over, and shot the aggressive Rottweiler several times to prevent further injury to the man and his small white dog.

The dangerous dog, a Rottweiler named Rebel, belonged to neighbor Tony Trammell. He told Clay County officials that the dog was not leashed because there is no leash law in Missouri City. He also said that the dog had acted aggressively with other dogs in the neighborhood before. Still, he claimed that Rebel was his buddy.

The Clay County man who was attacked could not be found after the dog attack incident, and it is unknown whether man or dog was seriously injured by a dog bite.

Indiana Utility Worker Killed In Construction Zone By Coal Truck

Thu, 08 Oct 2009 08:00:00 EST

Indiana State Police report that a utility worker was killed by a coal truck on Route 22 in Armstrong Township, Indiana.

Reports say that 48-year-old Robert Conner of Warsaw Township in Jefferson County, IN, was struck by the coal truck while locating a utility line near a construction zone. Conncer was standing next to his utility truck on the east side of the highway where the road narrows from two lanes to one. Allegedly, 59-year-old Carl White of Avonmore, Indiana was driving a coal truck eastbound past this point when he hit and killed Conner.

Police, firefighters, and EMS responded to the scene and rushed Conner to Indiana Regional Medical Center where he was pronounced dead. The Indiana construction site accident is still under investigation. The Memorial Medical Center in Johnstown will perform an autopsy on Conner this week.

Royal Oak, Michigan, To Toughen Vicious Animal Ordinances

Wed, 07 Oct 2009 08:00:00 EST

New dog bite statistics out of Royal Oak, Michigan have city officials like Commissioner Terry Drinkwine interested in making stiffer city ordinances for the owners of vicious, aggressive, and dangerous dogs.

A new report found that although pit bulls makes up just 1.7 percent of licensed dogs in the Michigan city, they are responsible for over one third of dog bite incidents in the last year. However, despite the worsening problem with dangerous and aggressive pit bulls in the area, other in the city council meeting opposed breed-specific city ordinances that might single out pit bull terriers. The problem became even more complex when it was noted that pit bulls are not an officially recognized breed.

A city attorney suggested that making existing laws for all vicious dogs tougher may be the best solution to Royal Oak's serious dog attack problem. The revised city ordinance on dangerous dogs will be revealed at the next city council meeting.

Indiana University Injured In Second Pedestrian Accident In Bloomington

Sat, 12 Sep 2009 08:00:00 EST

In just one week, Indiana University in Bloomington has seen two serious IN pedestrian accidents. While one student was killed after being struck by a car on campus, another student was injured.

Indiana University Police said that 19-year-old Peter Duong of Terre Haute, Indiana, was killed while crossing a street, Fee Lane, on campus on Wednesday. Later this week, a 21-year-old student was crossing a busy three-lane street when she was thrown onto the hood of a car. The driver of the vehicle said that the sun was in his eyes at the time of the accident. The injured pedestrian suffered scrapes and contusions.

"Any time there's an incident involving a student," IU spokesperson Larry MacIntyre said about the fatal Indiana pedestrian accident, "the administration will conduct a thorough examination of all of the issues to determine if we need to put in place any additional safety measures."

Indiana Widower Receives $2.2 Million Medical Malpractice Settlement

Sat, 12 Sep 2009 08:00:00 EST

A surgical mistake in Marion County, Indiana, left a 68-year-old woman dead in the wake of a liver transplant and heart bypass surgery. Now, the Indiana woman's widower has successfully sued for medical malpractice and won $2.2 Million in damages from Marion County jury.

During her heart surgery and heart value replacement, her Indiana doctor inadvertently left a surgical foam pad in her chest cavity. By the time the medical mistake was found a month after the botched surgery, it was deadly. After five painful weeks of suffering, the woman died from complications from her surgical error as her organs failed. The Indiana Medical Malpractice Act capped the damages at $1.25 million.

Those representing the doctor and the hospital responsible for the patients death did not argue that medical malpractice did not take place, but did try to decrease the value of the case by arguing that the patient's life expectancy was short given her history of medical issues and her age.

Albuquerque Personal Injury Lawyers Are Not All The Same

Mon, 31 Aug 2009 08:00:00 EST

Albuquerque, New Mexico is home to more than half the entire state’s population and continues to be one of our country's fastest-growing cities. Unfortunately, with growth comes the opportunity for an increased number of Albuquerque accidents and injuries.

Albuquerque's large population and central location make it ideal for commuters and travelers. The city's more well-known interstates and highways include: Pan-American Freeway (I-25); Coronado Freeway (I-40); Coors Boulevard; and Paseo del Norte. Many of Albuquerque's accident injury cases originate from these highly crowded roadways. (I-10 is another heavily traveled roadway; however, it crosses through the city of Las Cruces, not Albuquerque.)

Albuquerque injury lawyers should:

Have familiarity with the Bernalillo County Metropolitan Court system
Only practice personal injury law
Be willing to visit you at the hospital or in your home, per your request
Offer a free consultation and work on a contingency fee basis, meaning they don't get paid unless you do

When you choose an Albuquerque injury lawyer, you must be selective. Resist the temptation of opening a phone book and select the first injury lawyer you see. Choose a law firm with credentials and advanced technologies that will be used to help advance your injury case. A personal injury firm with a history of success and experienced lawyers will make the insurance company take your case seriously.

Keller & Keller's Albuquerque Personal Injury Law Firm is located at:

505 Marquette NW
Ste. 1300
Albuquerque, N.M. 87102

A Difference Between Indianapolis Injury Lawyers And The Insurance Company

Fri, 28 Aug 2009 08:00:00 EST

It's understandable if you tune out an Indianapolis injury lawyer who is on television talking about the underhanded practices of insurance companies. After all, Indianapolis injury lawyers have forever been seen on TV warning the public about injustices committed by insurance companies, and their message always sounds like an urgent warning:

"Don't sign away your rights!"
"Consult with a lawyer before talking to the insurance company!"
"The insurance company is not to be trusted!"
"Don't accept a small settlement!"

No matter how much truth is behind those words, it doesn't take long before the message grows stale.

And the insurance company? Everyone knows insurance companies advertise, too, but if you pay close attention, you'll notice they advertise in a very different way. Their advertisements range a full spectrum of emotion:

Geico's commericals are well-known for their use of humor -- "So easy a caveman can do it!"

Esurance is known for its use of a cartoon character mascot named Erin Esurance and her animated .

State Farm is famous for its warm jingle -- "Like A Good Neighbor, State Farm Is There."

Allstate is recognized for its feeling of authority and security -- "You're In Good Hands With Allstate."

So why does one side--the personal injury lawyers--sound so ominous, and the other side--the insurance companies--have such a diverse voice? Unfortunately, the personal injury lawyer is only speaking to people who need him/her during a time of personal hardship. The insurance company has the luxury of speaking to a MUCH larger audience that needs them because state laws require EVERY driver to carry minimum coverage on their vehicle, and it doesn't matter if you ever have, or had, an accident.

Despite these facts, the lawyer's and the insurance company's commercials are reaching the same massive viewing audience at the same time, and it's likely that many of the people seeing the law firm advertisement are not injured and do not need a personal injury lawyer. They'll simply cast us away with skepticism and a roll of the eyes. This is an unfortunate by-product attorneys face as we try to reach the much smaller population that IS injured and in need of our help.

Indiana injury lawyers are extremely limited in terms of how they advertise, and what they depict in their advertisements. Since this is the case, advertisements serve as one more example of how misconceptions and myths about lawyers often arise.

In response to the many misconceptions that exist about personal injury lawyers, we have put together a list of the largest myths regarding lawyers that you have likely heard, or maybe even believe yourself.

Lafayette Injury Lawyers Can Recover 3 Things

Fri, 28 Aug 2009 08:00:00 EST

Lafayette, Indiana is best known for being home to Purdue University, however, it also has the distinction of being home to Hwy 52 and I-65, heavily traveled roadways that connect Lafayette to Joliet and Indianapolis to Chicago. Unfortunately, Lafayette injury attorneys have much experience in working serious accidents that occur on both roads.

Many will people often ask us what they are entitled to if they pursue an accident claim that involved injury. If you have been injured in a Lafayette accident, you are entitled to the following:

1. Payment of your hospital/medical bills

2. Reimbursement of any lost wages

3. Payment for Pain and Suffering

However, the insurance company will not make the experience of trying to recover pleasant or fair. And it’s this reason that many people call an accident lawyer. If you do decide to call a lawyer, make sure they only handle personal injury. With over 70 years of experience handling personal injury claims, it’s the only type of law Keller & Keller practices, and we only work on behalf of our clients.

Lafayette injury lawyers should also have a working knowledge of the Tippecanoe County Court system. Our lawyers have handled several Lafayette accident claims and are familiar with the courts and appropriate filings that will ensure your case is handled expeditiously and effectively.

Even if you don’t wish to retain an attorney for your Lafayette accident claim, at least consult with an injury lawyer before taking actions that may damage your potential recovery. (Attorneys from our South Bend or Indianapolis office will be happy to meet with you if you desire.)

Supreme Court In Michigan Examines Injured Motorists Right To Sue For Pain And Suffering

Mon, 24 Aug 2009 08:00:00 EST

Will the Michigan Supreme Court overturn the Kreiner case? This is the question injury victims want answered when the Michigan Supreme Court hears the case of Rodney McCormick v Larry Carrier.

Mr. McCormick suffered from a serious ankle fracture that required him to undergo two painful surgeries. After one year his doctor allowed him to go back to work. Despite his employer placing him into a different job, he was denied compensation because the legal standard established in 2004 by the conservative Supreme Court in Kreiner restricts auto accident victims rights.

The conservative Court in Kreiner added its own language to No-Fault Law by establishing its own threshold that a victim has no right to compensation unless “the course or trajectory of the plaintiff's normal life has been affected.

Insurance companies routinely use this ruling to deny accident victims right to compensation by holding that a victim cannot prove their entire life has been adversely affected by taking the words “course” or “trajectory” to mean for remainder of their life.

Was this really what the legislature intended? Even conservative minded court advocates who rail against “judge made law” should be able to agree that if the legislature intended the threshold to mean that a person must suffer for the remainder of their life, they could have stated so.

Did you see your auto insurance premium go down in 2004? The McCormick case will be heard by the Court between October, 2009, and May, 2010.

Social Security Ordered To Pay More Than $500 Million

Thu, 20 Aug 2009 08:00:00 EST

Nearly $500 million in social security benefits will be paid to 80,000-plus recipients who were unfairly denied because of a glitch in a federal computer program that was designed to catch criminals.

Federal Judge Claudia Wilken approved a tentative settlement requiring that the Administration pay recipients who were wrongly "flagged" as criminals, and who have been denied benefits since Jan 1, 2007. (A 1996 law prohibited criminals with warrants from receiving federal benefits. Once this law went into effect, the federal database was designed to "flag" criminals who were collecting benefits.) More than 120,000 people who applied are eligible to reapply for benefits.

The tentative agreement was reached after the Social Security Administration was challenged by a class-action lawsuit, Martinez v. Astrue. The lawsuit stated that Rosa Martinez, 52, of Redwood City, California, was denied $870 of her monthly disability benefits because the system believed that she had an outstanding drug warrant. After the allegation was investigated, it was determined that there was indeed a warrant for a Rosa Martinez, but not the Rosa Martinez of California. The Rosa Martinez with the drug warrant resided in Miami, Florida. Ms. Martinez or California knew that she was innocent, and tried to prove such innocence, but failed.

Over the past several years, numerous district court judges across the country have ruled in favor of the victims in their individual cases. The determined that stopping coverage based on the database searches was unlawful. In 2005, a federal appeals court in New York ruled the database search illegal. The Social Security Administration stopped this practice in New York, Connecticut and Vermont. As of April 1st, the warrant checking process will no longer be allowed.

A spokesman for the Social Security Administration declined a comment until the settlement is finalized later this year. The Social Security Administration pays benefits to more than 356,000 local households.

Cayuga, Indiana, Woman Dies In Fall Out Of Truck Bed

Thu, 06 Aug 2009 08:00:00 EST

In Vermillion County, a Cayuga woman fell out of a truck bed at an Indiana gas station. Her fall resulted in fatal head injuries.

Victoria Hathaway, 21, was riding on the tailgate of a truck at two in the morning in a filling station parking lot at the intersection of Indiana 234 and Indiana 63. When the 17-year-old driver of the truck, who was not identified, picked up speed, Hathaway fell off of the truck and hit her head on the pavement.

Sheriff's Deputy Chad Hennis, Cayuga reserve officer Roger Lewis, Cayuga Fire and Rescue, and Vermillion County EMS responded to the accident. Hathaway was brought by ambulance to Union Hospital and then airlifted to Methodist Hospital, where she passed away from her fall injuries. Vermillion County Sheriff's Department is investigating the Cayuga pickup truck accident.

Michigan Pit Bulls Escape Home, Kill Dog, Bite Woman

Wed, 05 Aug 2009 08:00:00 EST

According to the Chicago Tribune, A Michigan man did not sufficiently pen his American pit bull terriers, which escaped from his home, killed a neighbor's dog, and bit a woman. The pit bull dog bite took place on Tuesday, July 21, in Allendale Township, MI, just outside of Grand Rapids

The 24-year-old owner of the two pit bulls, Craig Lick, tried to keep his aggressive dogs from escaping, but the two animals pushed out an air condition unit and killed a dachshund named Peanut who lived near by. The dangerous dogs also bit the dachshund's owner, an 18-year-old woman. The dogs escaped despite a new chain link fence and electronic dog fence.

The dogs, two five-year-old pit bulls named Riddick and Diesel, are now quarantined at an Ottawa County animal control center.

Text Messaging Is A Leading Dangerous Driving Distraction

Tue, 04 Aug 2009 08:00:00 EST

You know that drinking and driving is dangerous. Nothing about that fact has changed, but a new study conducted by the Virginia Tech Transportation Institute has identified a driving distraction that is equally dangerous: texting and driving.

How dangerous is it? One of the study's lead researchers stated that "texting is in its own universe of risk." A quick view of google's results for: 'text messaging accident' leads to an endless list of alarming stories that reinforce the researchers' claim.

To ensure that the study returned precise results, researchers installed cameras inside the cabs of trucks to monitor the texting habits of drivers. The study spanned 18 months and the results were exactly what was expected: disastrous. Researchers found that when a driver texted, the risk of being involved in a crash was 23 times greater than if they didn’t text.

Another frightening fact revealed in the study involved the amount of time drivers looked away from the road to send or receive a text. It was discovered that immediately preceding a collision, a driver would spend nearly five seconds looking at their phone. And though it may not sound like a long time, it's more than enough time for your vehicle to cover the distance of a football field while driving highway speeds!

Unless people refrain from texting while driving, or all states strictly enforce laws against texting while driving, the problem is sure to turn into a deadly epidemic. In December of 2008, phone users in the U.S. sent 110 billion text messages. This is ten times the number of texts that were sent three years prior.

Questions To Ask A Fort Wayne Injury Lawyer

Fri, 24 Jul 2009 08:00:00 EST

Fort Wayne is the second largest city in Indiana and the 73rd largest in the nation. With a population over 250,000, two major interstates (I-69 and I-469), and several highways and state roads, Fort Wayne, Indiana also has the unfortunate distinction of being home to serious traffic accidents.

If you have been in one of these accidents and are searching for a Fort Wayne injury lawyer, you need to be sure to ask the following questions:

1. Does the law firm only practice personal injury law?
2. Is the law firm AV-rated by Martindale Hubbell?
3. Are they a member of the Million Dollar Advocate Forum?
4. Has the firm been nominated “Indiana Super Lawyers” by Law and Politics
5. Does the history of the law firm prove that they are different?

The answer to all of these questions should be “yes.”

Keller & Keller offers clients searching for a Fort Wayne injury lawyer each of the distinct advantages listed above. And each one of these advantages will prove invaluable when dealing with a big insurance company that is attempting to settle your claim for the smallest amount possible.

With our main office located in Indianapolis, it’s important to note that Keller & Keller’s advanced database software will be able to handle every aspect of your Fort Wayne injury claim without requiring you to ever visit us in person.

Bloomington Injury Lawyers Need 3 things

Thu, 23 Jul 2009 08:00:00 EST

A Bloomington injury lawyer should possess three things:

Knowledge of the Monroe County Court system
A deep understanding of the culture that exists in Bloomington due in large part to a younger collegiate demographic and the home of Indiana University (IU).
And, above all else, expert credentials in personal injury law

Keller & Keller’s Indiana injury law firm has protected the rights of Bloomington accident victims since 1999. Founded in 1936, we are a nationally recognized, top-rated personal injury law firm with offices in St. Joseph, Michigan; South Bend, Indiana; Indianapolis, Indiana; Terre Haute, Indiana; and Albuquerque, New Mexico.

Keller & Keller represents accident victims throughout the state of Indiana; however, we have experience and knowledge that is specific to Bloomington, because we have worked closely with the Monroe County Court system and Monroe County Sheriff’s Department on many of our past Bloomington injury cases. Additionally, three of the attorneys in our Indianapolis received their law degree from IU.

Our experience with Bloomington injury cases has taught us that there is a sharp rise in accidents and drunken driving incidents at the beginning of each new collegiate semester. If you are a resident of Bloomington, or are living there as a student, it’s important that you remain hyper-aware while on the roadways.

Our offices can be reached 24 hours a day by telephone or email. If you need to consult with (or are considering hiring) a Bloomington injury attorney, talk to Keller & Keller, a leader in personal injury litigation.

7 Social Security Disability Application Mistakes

Wed, 15 Jul 2009 08:00:00 EST

1. Not having a "disability"

"Disability" is strictly defined by the Social Security Adminsitration, and many people are surprised when they learn that their condition doesn't meet the administration's criteria. So what constitutes a disability?

To qualify for social security disability benefits, you must be unable to perform any substantial work and have a medical condition that has lasted (or is expected to last) at least a year, or results in death.

(A lot of people believe they can collect disability benefits if they are not able to do their regular job as opposed to any job. This is untrue. Social Security doesn't only take into consideration the type of work you have previously been doing, but anything that they believe will suit you and your present condition.)

2. Waiting too long

If you wait too long to start the process, you are doing yourself a complete disservice. Even if you are approved, there is approximately a five-month waiting period before your disability checks will start to arrive. Any delay also means that you are putting off much needed Medicare coverage, which won't start until 24 months after being approved for disability.

Waiting too long, or worse, giving up can result in smaller benefits as a retiree because Social Security factors in your total number of working years.

3. Not having finances in order

The disability process is a mental and financial marathon. It's critical that you use financial-planning basics to tread water until you are receiving disability awards and Medicare coverage for your medical needs.

(Social Security has recently started to fast-track people who have medical conditions that qualify for a compassionate allowance. The allowance is reserved for people with one or more of 50 different disabling conditions, including 25 types of cancer.)

4. Poor preparation

Organization of your application is critical. To make Social Security take notice of your application do the following: gather your medical records; make a list of the doctors you've seen; have documents from your physician's that support your claims; and a list of the medications you're taking or have taken.

In other words, submit a comprehensive package that is exceptional.

5. Giving up

You must be persistent. Don't be discouraged if you get rejected--almost everyone is rejected the first time. It's very possible that you have to appeal your case and possibly go before a judge before receiving disability benefits.

There is some good news: Close to two-thirds of cases that go through one or two appeals will eventually receive benefits.

And...

There is some bad news: Currently, a backlog of 750,000 cases are awaiting decisions at the hearing level. Becuase there is a shortage of judges to hear these cases, it can take up to two years to make headway.

The key is not to give up. Many people will wonder how long it takes to receive disability benefits. However, if you receive a denial, and have 60 days to appeal, appeal on the day you receive your denial. Waiting only puts you behind another million folks waiting for a hearing.

6. Not reaching out for help

If you're frustrated and having trouble with the process, contact an experienced social security disability lawyer or a nonprofit advocacy group.

It's no secret, the Social Security Adminsitration speaks a secret language, and good social security attorney will understand their lingo.

7. Not changing inaccurate information

Compare your annual Social Security earnings statements against W-2 tax forms for accuracy. And it's not just the math you need to worry about; check personal data, too, especially after a divorce or name change. If you find that an error exists, call the Social Security Administration at 800-772-1213.

C.B. Fleet Says Bowel Cleansers Safe – May Try To Sell Product Again

Tue, 07 Jul 2009 08:00:00 EST

Just months after C.B. Fleet issued a voluntary recall of Fleet Phospho-soda and the Fleet Phospho-soda EZ-Prep Bowel Cleansing System , the company is now saying that the drug is safe when used as directed. The company now has collected thousands of cases of the previously recalled product and is thinking of putting them back on the market. Even if the product does go back on the market, the FDA has required that the drug included a boxed warning about the health dangers associated with the drug.

The Food & Drug Administration (FDA) issued a blanket safety warning about oral sodium-phosphates bowel cleansing solutions last year after a number of patients suffered from permanent and sometimes deadly liver problems after using the products.

Keller & Keller is now representing clients in injury cases involving acute kidney injury related to oral sodium phosphate products.

July 1: No Cell Phone Laws Go Into Effect For Indiana Teens

Mon, 06 Jul 2009 08:00:00 EST

A new bill passed by Indiana lawmakers will make it illegal for teens under the age of 18 to text, talk on the phone, or snap cell pics while driving. The law, which goes into effect on Wednesday, July 1, will hopefully cut down on teen driver distractions and reduce the number of Indiana teen car accidents, teen accident injuries, an teen accident fatalities. Teen caught using a cell phone while driving could face up to $500 in fines.

Some worry that the law will be difficult to enforce - police officers will have to both catch the teen texting or talking and confirm the teen's age before issuing a citation. Others cite recent studies that show texting and cell phone use is extremely dangerous for drivers, especially teens who are new to the roads.

In the last few years, a number of states have banned talking on the cell phone and texting with mobile devices while driver - both for teens and for all drivers.

Don't Let A Car Accident And Serious Injury Ruin Your 4th of July

Thu, 02 Jul 2009 08:00:00 EST

It's no secret, Americans love the holidays, and this weekend we'll be celebrating the 4th of July. What does this mean for those of us traveling? Crowded roadways and the possibility of a 4th of July car accident, right? Not as likely this year, at least according to numbers.

The folks at AAA have predicted that traffic will be lighter than usual. Why?

The combination of a weak economy and higher gas prices over the recent weeks have put a crimp in holiday travel plans. And for those of you who like numbers:

Last year 38 million people traveled at least 50 miles away from home. This represents a 10% decrease from '07.
This year you can expect 27 million people to be traveling by car or plane. People traveling by car will drop by 3%. However, car rental are up by 5% this year.
The number of people taking to the airways will account for 5% of 4th of July travel. Folks taking planes represent a 4.9% increase from last year.
AAA says airfare is down about 16% this year. On average, passengers will pay about $169 a ticket. Car rentals are up about 5% this year.
When it's all said and done, and we combine air travel, with car travel, etc., there will be approximately 2% less people traveling this year for the 4th of July.

Despite the numbers, the potential for a serious car accident and injury are always present. Leave your home early; take your time; get to your destination safely; and enjoy the fireworks!

How Long Do I have To Wait For A Decision About Social Security Disability Benefits?

Wed, 01 Jul 2009 08:00:00 EST

What exactly is the Social Security Administration's biggest problem? Depends which side you ask.

If you ask someone who works for the troubled agency, they will tell you the toughest part of their job is trying to separate disabled workers from non-disabled workers. Ask someone who has filed disability paperwork and they will tell you it's the amount of time it takes to get social security disability benefits.

Both sides have valid arguments; however, one thing is certain, the social security disability administration faces a herculean task when you consider a little over 2 million workers filed for disability in 2006, and the number continues to rise each year.

Social Security officials insist that the number of applications aren't the problem, it's the task of weeding out who is physically and/or mentally disabled and who isn't. Of the 2 million-plus people who filed for disability in 2006, approximately 550,000 were determined to be unfit to work. The same number of applicants were initially denied because it was determined that they were not medically disabled. And a large number of other applicants were denied social security disability for nonmedical reasons. The remaining 300,000-plus? They didn't receive an immediate ruling on their application.

While it sounds like tough odds, there is hope: A little more than half of applicants applying for social secuirty disability ultimately received their benefits.

The majority of applicants with legitimate disabilities are often forced to file an appeal. After the applicant has filed the appeal, the odds of receiving benefits increase dramatically. In fact, the numbers say that a little more than half of applicants ultimately receive benefits. But keep in mind, most of the applicants who eventually receive their disability benefits may wait years before receiving a favorable ruling.

Is there anything that can increase your odds? Absolutely. Hiring a qualified social security disability attorney.

How Disabled Do I Have To Be To Qualify For Social Security Benefits?

Tue, 23 Jun 2009 08:00:00 EST

We all have health problems, and some of these health problems may interfere with how well we can do our jobs. But only some people with disabilities qualify for Social Security Disability benefits. What are some of the basic requirements for collecting social security benefits?

· First and foremost, if you are an adult, you must be unable to continue doing the job that you had before you became disabled or sick. You must also not be able to do any job that the Social Security Administration (SSA) thinks you could be capable of considering your career background.

· Your disability or condition is expected to last for at least one year or your disability or condition should be terminal. SSDI is not for partial disability or short-term disability. A disability can be physical, psychological, or psychiatric in nature.

· Your medical records must reflect your disability and the severity of your disability.

Indiana Woman Killed In Michigan Semi Truck Crash

Sat, 20 Jun 2009 08:00:00 EST

Michigan State Police reported that a Fort Wayne, Indiana woman was killed in a truck accident in Southwest Michigan on Friday evening when the woman's car crossed the centerline into oncoming traffic. Investigators said that 74-year-old Sara Jo Bolte was driving on Michigan 89 outside of Otsego when for unknown reasons so swerved into oncoming traffic and was hit head-on by a truck carrying a load of bricks.

She was rushed to a hospital in Plainwell, Michigan, where she died of her car accident injuries. The driver of the truck was not injured in the truck accident. The dog traveling with her in the car was uninjured but examined by a veterinarian in Kalamazoo.

The investigation will continue as to why the woman did not stay in her lane. Alcohol and speed were not factors in the Allegan County truck accident.

Iron worker Stanley Roberts, 55, involved in fatal fall at Indianapolis Convention Center construction site

Thu, 18 Jun 2009 08:00:00 EST

INDIANAPOLIS-- June 17, 2009

Iron worker Stanley Roberts, 55, was fatally injured Wednesday after falling more than 50 feet from his metal construction lift that toppled over for reasons that remain unknown. There has been speculation that Mr. Roberts' was strapped in a faulty harness, which contributed to his fatal injuries.

The construction site accident occurred at the downtown Convention Center expansion project at approximately 3:15 on Wednesday afternoon. IMPD and OSHA continue to investigate to help determine the exact cause of Mr. Roberts' fall.

There are approximately 150,000 construction site accident injuries each year according to the Bureau of Labor Statistics. Unfortunately, it has also been found that falls account for the majority of construction site accidents.

Approximately 250 construction workers are working on the Convention Center expansion project. Mr. Roberts was a iron worker contractor with Indianapolis-based Harmon Steel, Inc., who refused to comment on the accident.

Indiana Stadium and Convention Building Authority Executive Director, John Klipsch said, "It's an unfortunate accident. It's rare. All the companies that work on these large projects have a strict safety protocol and usually when something like this happens, it's a freak accident."

Swimming Pool Responsibility and Risks: What are your rights if a child drowns in a pool?

Wed, 17 Jun 2009 08:00:00 EST

At last, warmer weather is here and many homeowners are preparing for the swimming pool season. However, the enjoyment of a swimming pool also carries great responsibilities and risk.

Each year, more than 300 children under the age of 5 die from accidental drowning. Drowning is the 2nd cause of death of children under the age of 5 (auto accidents still rank number 1). In addition to child wrongful death cases, more than 2,500 children are rushed to the ER each year for near-drowning accidents, some of which result in permanent brain damage. The vast majority of these accidents occur in private swimming pools where as little as 5 minutes and 2 inches of water is all that was required for a child to drown. States with a short window for outdoor swimming, such as Indiana, Michigan, New Mexico and Illinois, are not immune to swimming pool accidents. These accidents happen in every state across the country.

If you're a pool owner, or thinking about purchasing a pool, please read our library article that discusses some of the risks and misconceptions surrounding pool ownership and liability.

The dangers of motorcycles and motorcycle crash statistics

Tue, 02 Jun 2009 08:00:00 EST

It's obvious, when compared to cars and trucks, motorcycles are less stable and much less visible than other motor vehicles. The motorcyclist's vulnerability is immense, and the potential for a deadly motorcycle accident is always present, even for the most responsible of motorcyclists.

When a motorcycle accident does occur, the rider's rate of injury, or death per accident, are astronomical when compared to that of a driver or passenger in a car or truck. In fact, the risk for injury and death is so much greater, that the U.S. government has placed the odds at 37/1 for a motorcyclist to be involved in a fatal crash when compared side-by-side to an automobile for every mile that each travels.

The result: 5,000 fatal motorcycle crashes in 2006.

Since 1975, when the NHTSA began collecting data, the 5,000 fatal motorcycle crashes exceeded the number of pedestrian deaths for the same calendar year. Motorcycle deaths had been on the decline until 1998, and then the numbers began to rise again. In fact, fatal motorcycle crashes accounted for 11% of all in 2006.

Motorcyclists will attest to the enjoyment of riding on a motorcycle, but their enjoyment comes at great risk. Learning to ride a motorcycle properly requires expert training and experienced instructors at your side. And even then, a motorcyclist cannot account for a distracted driver, being rear-ended, or hit from the side as a car changes lanes without seeing them. Motorcyclists can only hope that by practicing safer driving habits and utilizing proper accident prevention methods that their risks will reduce as much as possible.

Illinois Man Wins $2.1 Million Medical Malpractice Case

Tue, 12 May 2009 08:00:00 EST

Nine years ago, Daniel R. Nelson was in a serious motorcycle accident along with his wife. Although they both suffered serious injuries from the bike crash, Nelson spent 13 months in the hospital in the wake of the wreck.

Now, a jury has awarded the man $2.1 million for medical malpractice -- $994,716 in medical and health care expenses, $1 million for past and future pain, suffering and disability, $50,000 to Nelson's wife, Jeanne, for loss of consortium and $65,000 to Nelson's son, Miles, for lack of society and companionship.

During Nelson's rehabilitation, his jaw was wired shut and he had a tracheotomy tube. One morning, when it became clear that Nelson was not breathing, the doctor attending Nelson, Lorraine C. Novich-Welter, waited too long to call a code four and clear the obstruction from Nelson's tracheotomy tube. Personal injury lawyers argued that Novich-Welter was negligent in her care of the patient.

While Nelson was walking short distances after the accident but before the tracheotomy medical malpractice incident, Nelson is now confined to a wheelchair.

Social Security Benefits Will Not Increase In 2010

Mon, 04 May 2009 08:00:00 EST

Federal forecasts from the Obama administration and the Congressional Budget Office predict that Social Security recipients will not be receiving an increase in their benefits in 2010, and possibly 2011. Beneficiaries have received automatic cost-of-living adjustments (COLA) every year since 1975.

"What does a a freeze in Social Security benefits mean for Medicare?"

It would result in major implications for Medicare because the COLA puts a cap on premiums for Part B of Medicare, which covers a physicians’ services. And if there is no COLA for Social Security, about 75% of beneficiaries will not see any change in their basic Part B premiums, according to federal officials. However, some beneficiaries are without this protection and could face substantial increases in their Part B premiums.

Inflation is good for people on fixed incomes, but it is creating political and policy problems for Congress, which is just learning of the implications for Social Security and Medicare.

In addition, millions of beneficiaries could see higher premiums for drug coverage, provided under Part D of Medicare.

Medicare’s hospital insurance trust fund is deteriorating because of the recession, according to officials. Medciare has reduced payroll tax revenues in response to the concern. The tax revenues represent the main source of money for the fund. Spending on Social Security and Medicare totaled more than $1 trillion last year, accounting for more than one-third of the federal budget.

Most recipients of Medicare have Part B premiums deducted from their monthly Social Security checks. These premiums have historically increased much faster than Social Security benefits.

Under federal law, most Medicare beneficiaries have some protection. Their basic Part B premiums cannot rise more than the dollar amount of the cost-of-living increase in their Social Security checks. So if there is no COLA, their basic Part B premiums will not increase. However, one-fourth of Medicare recipients are not protected by law, and these folks could see their premiums increase.

Pit Bull Kills One-Year-Old Boy In Northeast Detroit

Sun, 03 May 2009 08:00:00 EST

WIYN and the Associated Press report that a family pet killed a one-year-old just outside of Detroit. On April 22, Eastpointe, Michigan, police reported that a pit bull terrier killed a toddler in the boy's home on Wednesday afternoon.

Following the fatal dog attack, the father of the dog bite victim shot the family pet with a handgun. The boy was pronounced dead after the pit bull mauling at St. John Hospital. Police did not release the name of the family or the pit bull victim. Pit bulls have long been a breed of dog most likely to bite humans.

The deadly pit bull attack is under investigation, though no charges have been filed in the dog bite case.

To keep your children safe from potential dog attack, read our dog bite prevention tips for children. In the case of a dog bite attack, read our article about what to do after a dog bite.

How to Avoid Car Trunk Entrapment Dangers

Fri, 01 May 2009 08:00:00 EST

Problem:
Children love to explore and hide. Their innocent play can be deadly if the child gains access to the trunk of a car.

Prevention Tips for Avoiding Trunk Entrapment Accidents:
• Make sure that children know not to play in and around vehicles, especially the trunk of car
• Always keep a watchful eye on your children when playing near vehicles
• If your child goes missing, always remember to immediately check the trunk of your vehicle(s)
• When the vehicle is not in use, lock the doors and trunk, and ensure that the keys are out of reach of your children
• If your vehicle has rear fold-down seats, keep them up and/or locked at all times

Update Your Car’s trunk:
•Auto manufacturers were required to build all vehicles after September 1, 2001, with a glow in the dark trunk release.
•Make sure that you children know this is available if they were to get accidentally locked in the vehicle.
•If your vehicle was built prior to September, 2001, an automobile dealership may be able to install a trunk release latch for you.

What you need to know about trunk entrapment:
• Cars parked in direct sunlight can reach internal temperatures up to 131-172 degrees when outside temperatures are 80 degrees . Cars that are parked in direct sunlight and that are poorly ventilated also reach higher temperatures more rapidly than cars that are parked in the shade or that have windows completely opened. Most temperature increases inside cars occur during the first 15 minutes of being left in the sun. In at least two incidents during the summer of 1998, deaths occurred in dark cars, and the dark color probably contributed to the intense heat in the trunks. Trunk entrapment is extremely dangerous.

Power Window Safety Tips for Children

Wed, 29 Apr 2009 08:00:00 EST

Problem:
Many of today's vehicles come equipped with a long list of modern conveniences, and power windows are almost standard, however, they also pose a risk to children. If a child is caught in the window as it is raised, it can fracture or crush bones and possibly strangle the child. There are several documented cases of children injuring their fingers or hands, and even get their neck caught in the windows, leading to strangulation.

Prevention Tips:
• Never leave children unattended in a vehicle--this accounts for the majority of power window injuries
• Teach your child not to play with the window and not to stand, lean, or push against the arm rests where the window switch is normally located
• Utilize child-safety locks, or window locks if your vehicle is equipped. Most of these mechanisms will prevent the windows from being controlled by someone other than the driver.
• Make sure that children are properly restrained when the vehicle or the keys are in the ignition
• Check to make sure that the windows are clear before raising the windows
• Make sure that the ignition key is not left in the vehicle or in the accessory position

Car and Truck "Roll-Aways" Cause Serious Injury and Death

Wed, 29 Apr 2009 08:00:00 EST

Problem:
Whenever the key is in the vehicle’s ignition, an automatic transmission can possibly be moved out of ‘PARK’- even when the vehicle's engine is off and the brake is not depressed.

Prevention Tips to Keep your Child Safe:
• Never leave a child or children in the vehicle
• Supervise children when they are getting in or out of a vehicle
• Make sure to keep your vehicle locked and the keys out of reach when not in use
• Never leave the keys to a vehicle in the car
• Utilize the emergency brake when your vehicle is parked
• Verify whether or not your vehicle has a Brake Transmission Safety Interlock (BTSI). Check your vehicle’s manual, or check this list to find out if you have a BTSI-equipped vehicles. The Dodge Caravan was under investigation for not having the BTSI.

What you need to know about vehicle rollaway:
• If the vehicle accidentally begins moving, the child may become scared and attempt to jump out while the vehicle is moving. In doing this, the child can become injured, or possibly run over by the vehicle.
• Many newer vehicles are equipped with BTSI technology, which prevents the vehicle from accidentally being put into gear.
• All vehicles built with an automatic transmission with a ‘PARK’ position, after September 1, 2010, are required to have BTSI technology.

"Backover Accidents" and Children

Tue, 28 Apr 2009 08:00:00 EST

What is a Backover Accident?
A backover accident occurs when a vehicle is backing out of a driveway or parking space and hits a child because the driver did not see the child. Backover accidents generally involve toddlers, or small children that do not understand the risks of being behind or near a moving vehicle and then subsequently wander unnoticed into the pathway of the backing vehicle.

The Problem:
Thousands of children are killed or seriously injured in backover accidents that could easily have been prevented.

Statistics:
Each week 50 children in the United States are injured after being backed over by a vehicle. This danger accounts for almost 50% of all non-traffic fatalities involving children younger than 15-years-old.

Car and Truck "Backover" Prevention Tips for Parents:
• At an early age, teach your children not to play in or around vehicles
• Provide proper supervision of children when they are in and around vehicles
• Always remember to inspect the areas around and under your vehicle before backing up
• Use extreme caution if you are in an area (schools, neighborhoods, playgrounds) where small children are   commonly found
• Teach your children to move away from a vehicle when it is started
• If children are in your immediate area, ask them to stand to the side where you can see them as you back out
• Constantly check and re-check while backing out slowly
• Use added caution if you are driving a larger vehicle such as an SUV or van (bigger vehicles = bigger blind spots)
• Teach your children not to leave their toys, bikes, or other items in driveways
• Kids move quickly and unexpectedly; keep checking your mirrors until you are done backing
• Even if a vehicle is equipped with detection devices like backup cameras or warning sounds, do not let them take the place of active watching and listening while backing up

What else?
• Every vehicle has blind spots--be aware of what you cannot see
• Many components of a vehicle, such as the driver’s seat, or the view through the windows and mirrors, can affect what is visible to the driver
• SUV’s and larger vehicles are more likely to be involved in backup accidents
• Backup accidents often occur when an adult is unknowingly followed by a child to the area where the adult will soon be backing up their car or truck.  ALWAYS be aware of children who may be close by when you start your vehicle!

Heat Exposure Inside Cars can Lead to Heatstroke and Heat Exhaustion

Tue, 28 Apr 2009 08:00:00 EST

Problem:
More than 30 children die every year from heatstroke (hyperthermia) because they are left in unattended vehicles on warm days. Leaving a child in a car may not have been intentional, but no matter how it happens, it can be very deadly, very fast.

Statistics:
Between 2000-2009 approximately 500 children lost their lives due to heat-related illness that occurred inside a vehicle. 51% of these cases happened after the child was "forgotten" by the parent or caretaker. Another 30% died after the child was left to play in an unattended vehicle. And 18% died after the parent left the child in the car intentionally while running an errand, etc.

(Heat-related disasters happen quickly inside vehicles--leaving your child in the car for a few minutes while running into the store can be deadly.  Even cool days, with temperatures in the 60 degree range, can cause the interior of a car to rise in temperatures above 110 degrees very quickly. The temperature inside a vehicle can rise 20 degrees or more within the first 10 minutes after the vehicle is turned off.)

Heatstroke and Heat Exhaustion Prevention Tips:
• Never leave a child unattended inside vehicle for any amount of time
• Do not allow children to play in a vehicle that is unattended
• If you have children, make sure you check the front and back seats of your vehicle every time before locking it
• If your routine is altered and you would not normally have your child in the vehicle at a certain time, remind yourself that a child is in the vehicle by using the following:
      Write a note and place the note where you will see it before leaving the vehicle
      Place an item in the backseat you have to have before leaving the car
•Keep the vehicle doors and trunk locked, secured and keep the keys away from the child’s reach
•If you see a child that has been left in a vehicle, call the police ASAP

What you need to know:
• The inside of vehicles get hot very quickly. Even if a window is rolled down a few inches, with outside temps near the 80s, the inside vehicle temps can reach deadly levels within 10 minutes!
• Children overheat much easier than adults, especially infants and children under the age of 4
• Children absorb more heat than an adult on a hot day, and children also are not able to cool their body by sweating as easily as an adult
• A child's boy heat increases much faster than that of an adult’s body. In a hot car, this increase at a rate of 3-5 times faster
•High body temperatures cause permanent injury and death

Symptoms of Extreme Heat Exposure:
Common signs of heatstroke or heat exhaustion can include red, hot, moist or dry skin, lack of sweating, an abnormally high or low pulse, dizziness, nausea, confusion and abnormal mood.

Clients and Friends can suggest interview topics for Keller & Keller and the Indianapolis Star

Wed, 22 Apr 2009 08:00:00 EST

Keller & Keller's latest community project may seem smaller than its previous endeavors, however, the reach of this new program will be enormous, and be viewed by thousands.

Each month Keller & Keller is interviewed by the Indianapolis Star on various personal injury topics. After the interview has concluded it is then posted on the Indianapolis Star's website. Since the program started, we have invited clients, members of Keller & Keller's social media groups (e.g., Facebook), and website visitors to suggest a topic of interest on which they would like to see the Indianapolis Star interview Keller & Keller.

April's brain injury interview came from a client who wanted more information on Talk and Die syndrome, following the tragic death of actress Natasha Richardson. The previous month's oral sodium phosphate interview was suggested by a member of our Facebook forum that had recently used oral sodium phosphates in preparation for their colonoscopy.

The impact of this project may not have an immediate dramatic effect on someone's life, such as the case is with Samantha's House; however, it's very possible that your idea will result in a printed news story that will educate someone on a topic of which they had no previous knowledge.

Again, if you're a client, visitor to our website, or a member of one of our social media groups, please suggest a topic of interest for consideration. We will contact you if we have selected your topic idea and then notify you once the interview is printed in the Indianapolis Star.

Social Security Aims to Reduce Backlog Despite Increase of Claims

Mon, 20 Apr 2009 08:00:00 EST

The Social Security agency's (SSA) commissioner believes that SSA will be able to eliminate all the claims' backlog in 2013. This announcement to Congress comes even after it was revealed that SSA is faced with an increase in disability claims over the previous year.

2008 left SSA with a backlog of 1.4 million disability and supplemetnal security benefits claims, thus causing a state of limbo for those who have filed. By the end of 2009, it is predicted that the number of these claims will exceed 1.6 million.

When pressed to explain the backlog, SSA officials noted limited funding and a sharp increase in the number of disability claims that their office is faced with year after year. Disability claims are expected to grow by 300,000 this year over last year’s numbers. Most of Keller & Keller's social security disability clients are often concerned with the amount of time it takes to get a hearing. SSA estimates that the the average wait time for a hearing on a disability claim is 500 days.

Our Social Security disability practice agrees that the wait time is excessive, however, obtaining legal representation will remarkedly increase the likelihood that you will receive a favorable decision for your claim.

Why does it take so long to get a hearing for disability? More reasons...

Mon, 20 Apr 2009 08:00:00 EST

The number one question our social security attorneys receive from our clients and first time callers is: "Why does it take so long to get an answer about my Social Security disability claim?" Unfortunately, the social security system system is faced with a backlog of hundreds of thousands of disputed disability claims. In fact, the clog is so large, some people are forced to wait years for a hearing.

The Social Security Administration (SSA) claims a simple formula helps explain the backlog: too many cases, not enough staffing, and an increase in claims that involve hard-to-prove ailments, such as depression, anxiety and back pain. Put these together and you have a massive traffic jam.

SSA recently received $500 million in governmental aid to address the problem, but it won't serves as a magical solution to a problem that has been years in the making. In fact, it could take 4-5 more years before the claims backlog is cleared.

The number of Americans that receive disability has more than doubled since 1990. In fact, currently there are 7.4 million Americans receiving disability, while the number of professional staff used to process the claims has dropped by around 5%.

Another factor to take into consideration for the backlog is the number of people who apply for disability that are able to work, and are simply looking for assistance that they don't require. Obviously, this only increases the wait for people who are truly disabled.

Most applicants learn that they are unable to navigate the system on their own. As many as 85% of applicants will hire a lawyer such as Keller & Keller to help prepare their paperwork, gather medical records and ready them for a hearing.

The Social Security Administration is approaching the problem from multiple angles — experimenting with electronic records to speed up medical reviews, hiring more judges and other staff, and adding offices — but the efforts only go as far as the funding.

Anaheim Angels' Pitcher Nick Adenhart dies in car accident hours after promising outing

Mon, 13 Apr 2009 08:00:00 EST

April 9, 2009--A few hours after Anaheim Angels' pitcher Nick Adenhart's most impressive game of his brief career -- just seven miles from the mound where he threw six scoreless innings -- the 22-year-old right-hander was killed by an alleged drunk driver who broadsided the car he was traveling in at a Fullerton intersection.

Two of Adenhart's friends, Henry Pearson, 25, and Courtney Frances Stewart, 20 were also killed. Jon Wilhite, another friend of Adenhart's was critically injured in the accident. Police believe the defendant driver, 22-year-old Andrew Thomas Gallo, who ran the red light, had a suspended license and a previous drunk driving conviction.

Police said Adenhart and three of his friends had just left Stewart's apartment and were headed to a nearby dance club, In Cahoots, when they passed through a green light at the intersection of Orangethorpe Avenue and Lemon Street just after midnight. Police estimate that Gallo was driving his Toyota Sienna minivan at 50 to 60 mph when he struck the Eclipse.

Pearson, whom friends described as a law student, was killed along with Adenhart and Stewart, a Cal State Fullerton student. Wilhite, a former catcher for the Cal State Fullerton team, was in critical condition at UC Irvine Medical Center.

Police said Gallo, convicted in San Bernardino County of drunk driving in 2006 and marijuana possession the following year, ran from the scene but was quickly apprehended.

Adenhart was in his fifth professional season, most of it in the minor leagues, and made his big league debut last May against Oakland, becoming the youngest active-roster pitcher in the majors. His first and only major league victory came that month against the White Sox. This season, for the first time, Adenhart made the Angels' opening day roster.

Illinois Man Cheats Social Security Disability System, Gets Three Years In Jail

Sat, 11 Apr 2009 08:00:00 EST

WQAD.com reports that a man from Lenzburg, Illinois was sentenced to over three years in jail and fines on $143,000 for Social Security Disability fraud.

The man, 55-year-old John Laird, applied for Social Security Disability benefits in 1989 and was approved. At the time, Laird had partial paralysis in his arms and had mobility problems, making it impossible to work. However, two years later, he began working as a mechanic. Although he was now supporting himself, he did not alert the Social Security Administration of his health improvements and continued to collect his checks. Now he must pay back the money in full.

Laird also failed to tell the SSA about a 2001 drug charge that would have also affected his benefits.

In August, Laird pleaded guilty to concealment of information from the SSA in an East St. Louis Court. Last week, the judge handed down his sentence.

Crawfordsville Man Killed In Two-Car Crash – Cell Phone To Blame

Thu, 09 Apr 2009 08:00:00 EST

The Commercial-News reports that a Crawfordsville, Indiana, man died in a two-vehicle car accident at around one-thirty on Saturday afternoon, April 4. The crash, which took place on Indiana Route 47 in Parke County, Indiana.

Chad Simmons, 26, was the passenger in a Buick driven by 22-year-old Kevin Boicourt, also of Crawfordsville. When a Jeep Wranger driven by 17-year-old FN Lutz crossed the double-yellow centerline and entered their lane, Boicourt swerved to miss the jeep but then overcorrected, hitting the Jeep almost head-on.

Indiana State Police believe that the Jeep's erratic behavior was caused by the driver attempting to make a call on his cell phone at the time of the accident.

Simmons did not survive the crash. Boicourt was airlifted to Methodist Hospital in Indianapolis. Lutz was transported to St. Clare Medical Center. He was cited for driving left of center.

Supreme Court Rules That FDA Drug Approval Can't Prevent Defective Drug Lawsuits

Wed, 01 Apr 2009 08:00:00 EST

On March 5, the Supreme Court made a decision that should help those seeking to sue drug companies over defective drugs or medical products. With a 6-3 ruling, the court ruled that the approval of a drug by the Food and Drug Administration (FDA) cannot prevent a patient from bringing a defective drug lawsuit to court against the drug company in question.

Experts believe that this ruling will make drug companies increase safety measures in relation to their product, since they could still be held accountable if their defective medical products hurt consumers. Drug testing and drug research could increase outside of FDA testing, while some more experimental drug development could be halted. At the same time, other drugs already on the market could be pulled off shelves because pharmaceutical companies are anticipating future lawsuits that they will not be immune to.

If you believe you have been injured or harmed by a defective drug, it is vital that you contact an experienced defective drug injury attorney immediately.

Head-On Crash Closes I-70 In Henry County; Injures One

Wed, 01 Apr 2009 08:00:00 EST

According to Indy.com, a head-on crash involving a car and a big rig closed Interstate 70 in Henry County on February 26. The Indiana State Police report that the crash took place at the 109 Knightstown exit at the 115 mile marker on I-70 heading westbound.

While the driver of the tractor-trailer was not injured, the driver of the second car did suffer injuries in the head-on accident. However, the driver of the car was conscious when emergency officials arrived on the scene and was transported to a local hospital for treatment.

The interstate re-opened in the hours following the crash.

If you have been involved in a car accident resulting in serious injury in Indiana, it is important that you speak with a knowledgeable Indiana car accident attorney about your case. If the accident was not your fault, you could deserve monetary compensation for your medical bills and other accident expenses.

Natasha Richardson's tragic story is evidence that a minor head injury can turn deadly

Thu, 19 Mar 2009 08:00:00 EST

The recent death of actress Natasha Richardson has brought needed attention to a very serious type of injury that can arise from even the smallest of car accidents: closed head injury and/or traumatic brain injury (TBI). Because these injuries often leave no external signs of injury, and are sometimes deadly, they are referred to as the Silent Epidemic.

It's very common for someone who's had a fall or been in a car accident to appear perfectly healthy immediately after impact, yet suddenly and rapidly deteriorate from the after-effects. In fact, many people will walk away from the accident and go home without seeking any treatment. This is often when things turn for the worse. The assumption that they are ok can cost them their life.

Often, victims of a closed head injury will have a brain bleed that slowly causes pressure to build up, causing them to experience the classic symptoms of TBI.

What are the symptoms?

Headaches or neck pain that do not go away
Difficulty remembering, concentrating, or making decisions
Slowness in thinking, speaking, acting, or reading
Getting lost or easily confused
Feeling tired all of the time, having no energy or motivation
Mood changes (feeling sad or angry for no reason)
Changes in sleep patterns (sleeping a lot more or having a hard time sleeping)
Light-headed, dizziness, or loss of balance
Urge to vomit (nausea)
Increased sensitivity to lights, sounds, or distractions
Blurred vision or eyes that tire easily
Loss of sense of smell or taste

Remember: just because there is no pain, or no sign of external injury, if a car accident or slip and fall
causes you to strike your head, you must get an immediate medical evaluation as well as follow-up evaluations. As evidenced by the tragic story of Natasha Richardson, even minor blows to the head can cause serious brain injury, or death.

What type of traumatic brain injury (TBI) leads to "Talk and Die" syndrome?

Thu, 19 Mar 2009 08:00:00 EST

What is "Talk and Die" syndrome?

Talk and Die syndrome is the after-effect of a head injury that is commonly seen by neuroscience physicians and surgeons. (Patients suffer a head injury, assume they are ok, but then decline rapidly.) Talk and Die syndrome is one of many names describing several different types of brain injuries. If you type "fatal brain injury" into Google, you'll be able to better understand the serious attention doctors give to the many types of existing brain injuries.

The actual injury known to cause Talk and Die syndrome is an epidural hemorrhage. This type of head injury causes blood to become trapped between the skull and the hard layer of skin between the bone and brain known as the dura mater. As the blood flows from the ruptured artery, the fluid continues to build until it punctures the dura.

Most car accident victims who fracture their skull are often unaware of their injury. In these cases, the fracture typically occurs just above the ear, in the temporal bone. If the artery that runs above the skull gets torn and begins to bleed above the lining of the brain, pressure begins building on the brain causing the brain to swell. As the blood flow to the brain is reduced the patient begins to feel the symptoms associated with Talk and Die syndrome.

IMPORTANT: the initial impact does not have to be hard at all. And a delay in any noticeable symptoms or signs of injury can range from three minutes to three hours, or several days, after their car accident or slip and fall.

Getting to a hospital within the first few hours after your accident is critical. Not doing so can result in permanent brain damage.

What are the most common brain injury symptoms that can lead to Talk and Die syndrome?

nausea
severe headache
glossy eyes
abnormal size in pupils
sudden sleepiness

Oral Sodium Phosphate Side-Effects Could be a Sign of Acute Kidney Injury

Thu, 12 Mar 2009 08:00:00 EST

As Keller & Keller continues to monitor our clients' potential oral sodium phosphate (OSP) cases, many people have asked about potential side-effects related to OSP. Many times people will show symptoms before they realize they are suffering from acute kidney injury.

Please view our latest library document: "What are the Side Effects of Colonoscopy Preps? OsmoPrep, Visicol, Fleet Oral Sodium Phosphates? " for more information regarding any potential risks associated with OSP's, over-the-counter Fleet products, or prescription medications such as OsmoPrep and Visicol.

Remember, the ONLY way to determine if the function of your kidneys has been compromised is to have your doctor perform a simple blood test.

Children and dog bite statistics

Tue, 10 Mar 2009 08:00:00 EST

According to the Centers for Disease Control and Prevention, about 4.7 million Americans - almost two per cent of the population - were bitten by dogs in 1994. One out of six required medical treatment. The American Humane Association calls dog bites a greater health problem for children in the US, than measles, mumps, and whooping cough combined, and points to data showing almost 70% dog-bite victims are children under 15 years of age. Even more shocking is that two thirds of these incidents happen near the child's home, often by a dog the child knows.

In many cases, teasing or unintentionally provoking an aggressive reaction from a dog leads to a bite, but occasionally an attack is unprovoked. That is why small children should never be left alone with a dog. Whether or not there is a dog in the family, parents need to teach their children how to behave around dogs.

Statutes of Limitations for Dog Bite Cases

Tue, 10 Mar 2009 08:00:00 EST

Statutes of limitations restrict the time period that a person can file a lawsuit for their dog bite case. These statutes not only vary by state, but they also vary by cause of action. It is important that you contact an experienced attorney who can provide you specific time lines regarding your dog bite case. Not preserving your rights within your state’s specified statute of limitation will cause your dog bite claim to be barred from recovery, forever.

Special Rules for Minors:

Because dog bites are often associated with children, it is very important to understand the laws associated with Minors.

Except in cases of wrongful death, an "unemancipated minor" must file suit within two years of his or her 18th birthday. An "unemancipated minor" is a person under 18 who is not totally self-supporting. In cases where the minor is emancipated, or totally self-supporting, at the time of the injury, he or she must file suit within two years of the date when the injury occurred.

Kidney Injury Lawyers, Keller & Keller, advise clients and consumers to visit bowelprepoptions.com

Mon, 02 Mar 2009 08:00:00 EST

Salix Pharmaceuticals has created a website designed to educate health care providers on the proper use of prescription bowel cleansing products. Health care providers and patients can now visit this site to access instruction sheets , package inserts , medical information resources , and other materials that serve as an overview for prescription strength colonoscopy preps.

Specifically, the site was designed as a professional resource to better inform healthcare providers about the potential dangers and risks associated with prescription strength colonoscopy preps such as OsmoPrep , MoviPrep , and Visicol . The site strongly warns providers to pay critical attention to the dosing requirements and the patient selection criteria.

The website also addresses C.B. Fleet's decision to voluntarily recall their OTC products that have been used as colonoscopy preps. The two products in question, Fleet Phospho-soda and Fleet Phospho-soda EZ-Prep Bowel Cleansing System , have also been found to have caused severe kidney injury in certain individuals.

Physicians, patients and caregivers who have additional questions may call 866.669.SLXP (7597) or e-mail prephelp@salix.com for additional information.

Keller & Keller is currently speaking with potential clients across the country regarding this class action lawsuit. Anyone that has suffered from an acute kidney injury is advised to contact an acute kidney injury lawyer to ensure that their rights are protected throughout the duration of this class action lawsuit.

Do you ride a bus? Do you know the risks?

Thu, 26 Feb 2009 08:00:00 EST

The Indianapolis mass transit system is a hot topic, especially with the economic hardships facing our city. As money becomes tight, chances are likely that at some point you will use public transit as a source of travel, specifically busses. And whether it's a city bus (IndyGo), a school bus, or a chartered coach-style bus, the absence of safety measures and regulation is astonishing.

Our lawyers have recently posted a library item that examines bus safety and the dangers associated with being a passenger. We ask that you take a moment to read the article and become familiar with the risks you face when traveling as a passenger on a bus.

OsmoPrep and Visicol makers answer to FDA regarding acute kidney injury in colonoscopy patients

Fri, 20 Feb 2009 08:00:00 EST

The FDA has required the makers (Salix Pharmaceuticals ) of OsmoPrep and Visicol to conduct a risk evaluation and mitigation strategy that is designed to manage the known serious risks associated with both of their oral-sodium phosphate products .

Risk Evaluation and Mitigation Strategies (REMS) are designed to manage a known or potential serious risk associated with a drug or biological product. A REMS will be required of Salix to ensure that the benefits of the Osmoprep and Visicol coloscopy preps outweigh the potential for acture kindey injury (acute phosphate nephropathy).

Salix Pharmaceuticals will be required to provide the FDA with a:

Medication guide
Patient package insert
A communication plan
Elements to assure safe use
Implementation system
A timetable for assessment of the REMS

If you have suffered an acute kidney injury following the use of a colonoscopy prep drug, it's critical that you contact an attorney to protect your legal rights for a possible recovery in a class-action lawsuit.

Oral Sodium Phosphate study reveals interesting fact

Thu, 19 Feb 2009 08:00:00 EST

A recent study revealed that patients with obscure gastrointestinal (GI) bleeding undergoing bowel preparation with OSP (oral sodium phosphate ) prior to endoscopy can just as effectively cleanse their small bowel by undergoing an 8-hour fast. The American Society for Gastrointestianl Endoscopy contains several studies that discuss patient safety regarding endoscopy and other related procedures.

Keller & Keller will continue to monitor all breaking news related to oral sodium phosphate as we pursue potential class action lawsuits against manufacturer C.B. Fleet Company , maker of Fleet Phospho-soda , as well as other over-the-counter bowel cleansing systems, and Salix Pharmaceuticals , manufacturer of Visicol and OsmoPrep .

If you or a loved one were given an OSP before undergoing a colonoscopy (or similar procedure) and have suffered an acute kidney injury , its imperative that you protect the statute of limitations of your case. There are strict time restraints associated with class action lawsuits, and if you fail to protect this statute, you are forever barred from any potential recovery.

American Recovery and Reinvestment Act: $250 Stimulus Payments FAQ

Tue, 17 Feb 2009 08:00:00 EST

Keller & Keller has received many calls regarding the American Recovery and Reinvestment Act. The following is a collection of the most common questions, followed by our answers.

Am I eligible for the $250 stimulus payment?
You are eligible for the $250 stimulus payment if you were entitled to Supplemental Security Income (SSI), or to any of the following Social Security benefits at any time between November 2008 to January 2009:

--retirement,
--wife's and husband's,
--disabled adult child (but not other child's benefits),
--widow's and widower's,
--mother's or fathers',
--parent's,
--disability insurance benefits,
--special age 72 benefits

(VA and Railroad Retirement benefits also have grounds for eligibility.)

Does the payment come out of the Social Security trust funds?
No. The Act states that stimulus payments will come from appropriated funds.

Will the stimulus payments be made to people not living in the United States?
No. The American Recovery and Reinvestment Act is limited to persons who have listed residence is in the U.S. or a U.S. territory.

I'm entitled to SSD and SSI. Will I get two checks?
No; however, there may be instances in which mistakes will be made and someone may receive more than one check.

Will I be taxed on this income?
No, not by the federal government.

Can my payment be seized for payment of my debts?
Typically not; however, just as Social Security benefits can be seized, your stimulus payment could also be seized for any federal tax debt or child support obligations.

Can a single Social Security number receive more than one $250 stimulus check?
Yes.

Can a single household receive more than one $250 stimulus check?
Yes.

When will I receive my stimulus check?
No later than 120 days after the signing of the Act.

I don't currently have social security benefits. If I apply for benefits for the time period between November 2008 to January 2009 and am approved, will I get a stimulus check?
Yes, but there is a time limit. No payment can be made after December 31, 2010.

If someone is already on SSI, will the $250 stimulus check be viewed as income and possibly reduce my SSI benefits?
No.

Class Action Lawsuit Filed Against Laxative Makers Over Kidney Damage

Wed, 11 Feb 2009 08:00:00 EST

Just as the risks of oral sodium phosphates are becoming clear to the Food & Drug Administration in the United States, Canadians are piecing together a class action lawsuit against the makers of the over-the-counter laxative that many say causes severe kidney damage . Many patients were told to use the product, Fleet Phospho-soda , in preparation for colonoscopies .

Many of those involved with the lawsuit claim that the company should have known - or perhaps did know - about the serious, permanent damage caused by their product. One patient, a 52-year-old woman who used two doses of the product, now has kidneys that are only functioning at 27% .

A new US study has revealed that as many as 7,000 cases of kidney failure could be attributed to these products. Many may still be unaware of their kidney damage.

At Keller & Keller , we are representing clients who have suffered from the use of oral sodium phosphates (OSPs ). For more information on this class action lawsuit against this dangerous oral laxative, contact us today .

Indiana State Employees Filing For Disability Exposed On Internet

Tue, 10 Feb 2009 08:00:00 EST

Theindychannel.com reports that the personal information of 8,775 Indiana state employees was accidentally posted on the internet on the morning of January 20, all of whom had filed disability claims or workers' compensation claims within the last three years, dating back to 2005.

Although the sensitive file - which included the social security numbers of the employees as well as other sensitive information - was only posted for about two hours, four different parties access the information during that time. The files appeared on the Indiana Department of Administration's website after an accidental upload took place.

The IDOA has sent letters to those affected by the security breach and are procuring affidavits from the four different individuals and companies who accessed the information to assure that the data has been destroyed.

"We are doing everything we can to minimize any risk associated with this incident. We don't take this lightly," said IDOA Commissioner Mark Everson. "We are reviewing and strengthening our procedures to ensure that this does not happen again."

FDA links Oral Sodium Phosphate (OSPs) to serious kidney problems

Mon, 09 Feb 2009 08:00:00 EST

Keller & Keller is now accepting cases on behalf of clients that have been injured due to the use of Oral Sodium Phosphates (OSPs ). OSPs are used primarily for bowel cleansing prior to colonoscopy or other procedures.

The FDA has reported that there are specific cases of patients suffering from serious side effects after OSPs were used for bowel cleansing--some of the side effects can be life threatening . These patients were further noted as not having any other identifiable factors that would have otherwise placed them at risk for developing serious kidney injury.

What is a crossover accident?

Mon, 02 Feb 2009 08:00:00 EST

Last week a Muncie, Indiana man was killed on I-69 when a truck's trailer traveled across the interstate median into oncoming traffic, striking an unsuspecting driver of a sedan. The out-of-control truck was not stopped by the steel tension guardrail in the median which was installed to prevent this exact type of accident.

Although somewhat rare, crossover accidents (when a vehicle crosses the median and enters the opposing lane in the wrong direction) are usually fatal, because they almost always result in head-on collisions. In recent years, many states, including Indiana, have installed steel railings between lanes to prevent such accidents in the most common areas of occurrence. Interstate 69, for example, received several miles of installations in the past few years. However, this incident calls into question the functionality of the rails, especially when a massive vehicle such as 18-wheeler can crash into the barriers at high speeds.

As always, the best ways to stay safe from fatal crossover accidents is to stay aware, keep your eyes on the road, drive the speed limit, and wear your safety belt.

46 excuses the insurance company will use to deny or limit your personal injury claim!

Wed, 14 Jan 2009 08:00:00 EST

1. The injuries you claim to have sustained in your auto accident are actually related to a prior injury or condition from a previous accident or physical illness.

2. The insurance company has "closed" your file.

3. The police report does not indicate that you had any complaints of pain at the scene of the accident.

4. You were not wearing your seat belt.

5. The condition of your car contributed to, or caused, the accident: the tires were worn, your brakes weren't working, your tail lights were out, or your turn signal wasn't working.

6. You were not licensed to drive or were using a suspended license.

7. You did not react quickly enough to avoid the collision.

8. You made an abrupt or unnecessary stop.

9. You made a lane change without using your turn signal.

10. You did not go to the hospital immediately after the accident.

11. Your complaints to the doctor were minimal.

12. Your complaints to your family doctor did not match the complaints you gave to the staff in the ER.

13. No one called the police after the accident.

14. You were partially at fault for the accident.

15. No one else was injured in the accident.

16. Your name is not listed on the police report.

17. You did not have auto insurance.

18. The property damage was not severe.

19. The police responded but a report was never made out.

20. You did not take an ambulance from the scene of the accident.

21. You have been in multiple accidents prior to your current accident. (You seem to be a magnet for collisions.)

22. Physical evidence (lights, brakes, tires, etc.) was lost and it is necessary to have it examined by an expert to prove your version of the facts.

23. There are no independent witnesses to prove your version of the events.

24. You had no objective signs of injury at the scene of accident: cuts, broken bones, bruises, etc.

25. You were/are under a doctor's orders not to drive, or were/are on prescription medication.

26. Your pain and symptoms caused by the accident vanished shortly after the accident.

27. The type of injury you sustained could not have possibly been caused by the accident (rotator cuff tear, headaches, etc.).

28. You have trouble explaining the accident, thus your credibility is in doubt.

29. The at-fault driver was acting as a "reasonable person" while operating their vehicle and is not at fault.

30. You were at fault, or partially at fault, for exceeding the posted speed limit.

31. The police report contains errors.

32. You exaggerated the at-fault driver's actions and are therefore an unreliable source.

33. You missed a doctor's appointment.

34. You had hearing or vision defect and weren't wearing glasses or hearing aid.

35. You didn't notice the wrongdoer until impact or immediately before impact and therefore weren't attentive.

36. Your recollection of times, speeds, distances is inaccurate, thus your credibility is questionable.

37. You were not the first vehicle in the intersection.

38. You exaggerated your complaints related to the accident according to your medical records.

39. Your injuries were totally "subjective" i.e., no indication of injury from X-rays, MRI, orthopedic tests or other observation.

40. You were examined by a doctor that was recommended by the insurance company soon after the accident and were found to be uninjured and not in need of treatment.

41. You have a history of mental illness or emotional problems, thus making you unreliable.

42. You made a statement to the insurance company that you were not injured in the accident.

43. You failed to give proper and timely notice to governmental bodies, thus your claim is barred.

44. You had chronic-type complaints per past medical records, or have unrelated medical problems that have merely exasperated the injuries you suffered in your accident.

45. An act of God or unidentified person was responsible for the accident.

46. You were talking on your cell phone at the time of the accident.

"Do I need a personal injury lawyer?" If you answer "yes" to any of these questions, you should contact an injury attorney

Tue, 30 Dec 2008 08:00:00 EST

It's a very popular question, and one that our firm receives everyday: "I was in a car accident, do I need to get a lawyer?"

The answer we give, though seemingly ambiguous, is: MAYBE. MAYBE NOT.

Many people are filled with apprehension about attorneys. They will consult family and friends to help them make a decision about whether to hire a lawyer. They will probably receive both "yes" and "no" answers from those around them, yet never receive actual legal advice. Unfortunately, it's highly likely your friends and family don't know the right answer. The truth is, without consulting with an attorney, you wouldn't be able to make this determination.

A common assumption is that personal injury attorneys will represent anyone who has been in an accident. That is absolutely untrue. Every day, Keller & Keller rejects more cases than it accepts.

If you answer yes to any of the following questions, it's possible that Keller & Keller might be able to represent you:

Was the accident someone else's fault?
Were you a passenger in a vehicle in which your driver was at fault?
Were you only placed partially at fault for your accident?
Did you suffer any injuries?
Have you seen a doctor for your injuries?
Have you not seeked treatment because you are without health insurance?
Have you not seeked treatment because a doctor refuses to see you?
Are you unsure of what to do because you didn't have auto insurance?
Were you a pedestrian or a bicyclist that was struck by another vehicle?
Are you investigating a potential claim on behalf of a family member or friend?
Were you working at the time of the accident?
Has the insurance company denied your claim?

Even if you decide not to hire an attorney, you should at least call one to discuss the legal merits of your case and ensure you don't do anything to damage the potential value of your claim.

"What happens if I miss a doctor's appointment?" Missing your appointment, or creating a gap in treatment will hurt your personal injury case!

Mon, 29 Dec 2008 08:00:00 EST

"I'm not sure if I should go to the doctor, I feel fine."

You've been in a car accident. You think you should be hurt, but you don't feel any pain. Why?

Your body's immediate reaction to an auto accident is very similar to the response it might experience while riding a roller coaster. After a roller coaster ride your bloodstream is pumped full of endorphins, and this masks the pain you would otherwise feel. The same is true of a car accident.

THERE IS NOTHING MORE DAMAGING TO A PERSONAL INJURY CASE THAN DELAYS OR GAPS IN TREATMENT!

An accident victim's intentions may be noble when he/she avoids treatment, but the insurance company does not reward good intentions. In fact, a person's good intentions are often penalized and the value of your injury claim will suffer.

At our law firm we have witnessed countless instances in which accident victims did not seek the treatment they needed. The victims thought their pain would eventually subside, that their injuries were not severe, and that the insurance company would treat them fairly.

Unfortunately, this doesn't usually happen.

A PERSONAL INJURY CASE IS ONLY AS STRONG AS ITS PROOF OF TREATMENT AND COMPLIANCE WITH A DOCTOR'S ORDERS.

No matter how experienced the attorney, he/she will never be able to successfully represent a victim of an accident if that victim doesn't have documented medical treatment. Insurance companies rarely compensate victims who fail to seek out medical care, or who fail to attend doctors' appointments and follow doctors' instructions. An insurance company will view "no shows" or "delays" and "gaps" in treatment as proof that you are not seriously injured, or that you are not injured at all. They also know that a jury will side with them on this opinion.

Also, it's important to understand that an insurance company will not compensate you for the "could have" scenarios. In other words, if the accident "could have" been worse, or your injuries "could have" left you with permanent disability, then your case will have little merit. There must be documented, objective injuries in order for you to obtain fair compensation, as well as to help an attorney analyze the value of your case.

AFTER YOU'VE BEEN IN AN ACCIDENT, SEEK IMMEDIATE MEDICAL ATTENTION!

Getting to the doctor needs to be done before you have a chance to "walk it off," before waiting to see if the insurance company will "empathize," and before contacting a personal injury attorney. Your health is primary.

Semi Truck Carrying Dangerous Chemical Load Overturns On I-65 in Boone County

Fri, 19 Dec 2008 08:00:00 EST

MSNBC reports that a tanker truck accident on the ramp between I-65 South and I-865 East was shut down on Friday due to the potential for a hazardous chemical spill.

At the time of the accident, the tanker was carrying a 48,000-pound load of liquid aluminum, which had to be carefully moved to another truck during the cleanup. The potential danger of the substance caused substantial backups on the roads as the left lanes of I-865 were blocked while emergency workers brought in special equipment to clear the wreck.

The driver of the truck said the accident was caused by slick ice on the ramp, which caused his big rig to slide off the road and roll down the embankment. He was taken to the hospital with minor injuries.

"Once the truck caught on the ice and slush, it kinda grabbed it and pulled it off the roadway basically down the embankment and as you can see the truck is lying on its side about a hundred feet down the embankment itself," said Robert Hawkins, Indiana State Police.

Pit Bull Bites Officer Trying To Arrest Owner In Muncie, Indiana

Fri, 19 Dec 2008 08:00:00 EST

The East Central Indiana Star Press reports that a domestic dispute in Muncie, IN, turned into a dog bite case when police arrived to break up the fight.

Muncie Police responded to the call on Monday evening, when two women called to complain about 38-year-old Larry Lee Reed and asked to file battery and assault charges. Reed allegedly stole money from one women and gave the other woman a black eye. When Reed tried to shut the door on the police, they entered the house and handcuffed the man.

It was then that Reed's pit bull attacked Patrol Officer Matt Berger and bit the man in the leg. Berger was transported to Ball Memorial Hospital.

Reed was arrested for battery and resisting arrest. This is his eleventh charge in the last ten years, and his fifth battery charge. He as also resisted law enforcement on two other recent occasions. One of the victims reported that the pit bill was trained to attack on command.

Talking on a cell phone while driving is as dangerous as drunk driving

Thu, 11 Dec 2008 08:00:00 EST

A car full of friends is safer and less distracting than the risk of driving while talking or texting on a cell phone--it's true. In fact, the likelihood of getting into an accident while talking on your cell phone is just as high as if you were driving while legally impaired, which is .08 in most states. Again, it's true.

Surprised?

A study performed by researchers at the University of Utah confirmed the aforementioned dangers as well as the fact that using a hands-free device does not make talking on a cell phone any safer. In fact, operating a cell phone while driving will drastically slow the reaction time of a driver to a level that is comparable to that of a senior citizen.

Doesn't make sense?

Lets think about it this way: a passenger in your car serves as an extra set of eyes. Even if they are talking, they can act as a lookout for dangerous situations that you otherwise are unlikely to notice if you were fidgeting with a cell phone. The person on the other end of a phone call or text message isn't able to see what's waiting for you on the roadway, and they surely won't suffer from the physical injury in the resulting car crash.

Put the cell phone away while you're driving: The call can wait.

10 winter driving tips to help keep you safe on ice and snow

Mon, 08 Dec 2008 08:00:00 EST

Cold temperatures, snow, and freezing drizzle rolled through Indianapolis over the weekend causing several car accidents, most resulting in minor injuries.

As the winter grip takes hold on Indiana, it's important to be reminded of a few safety precautions that can decrease your likelihood of being in an accident.

1. Build in extra time for your morning commutes and all other highway/interstate travel.

2. Give yourself more distance between vehicles. Your stopping time will be dramatically affected by snow and ice.

3. Check your tires. Make sure that they are inflated to proper levels and that the tread is not worn.

4. Be sure that your windshield wipers are in good working order.

5. Keep your gas tank full. Don't take a chance of being stuck out in the cold.

6. Increase your awareness, as wintry conditions can create disorientation among drivers.

7. SLOW DOWN!

8. Keep your headlights on to help increase your visibility to other drivers.

9. Be especially careful on bridges, overpasses, and rural roads, as these will freeze first. Even if temperatures are above freezing, these areas still may contain icy patches.

10. Brake gently to avoid skidding. If your wheels lock up, don't stomp on the brake. Gently ease off the brake, tap the brakes, let off, tap again, and repeat until the car begins to slow. At the same time, turn the steering wheel in the direction which your car is sliding.

Pregnant women in car crashes require immediate medical attention

Mon, 24 Nov 2008 08:00:00 EST

There is nothing stronger than the bond between a woman and her unborn baby. And losing this child before, or shortly after birth, due to a car accident is perhaps the most devastating blow a mother could ever experience.

Anytime a pregnant woman is involved in a car accident, no matter the size of the collision, or whether or not they believe that they are ok, it's imperative that they remember one critical message: SEEK IMMEDIATE MEDICAL ATTENTION.

We have heard too many tales of miscarriages, birth defects, and high-risk pregnancy that followed an auto accident for you to risk not being checked out by a medical professional.

Keller & Keller has posted an informative document in our library section that discusses some of the questions you may have regarding the correlation that exists between pregnancy and car crashes. It also defines many helpful terms that your doctor may discuss with you.

Please take the time to read through this document, and even if you don't want to hire an attorney, call us with any questions you may have.

I was told my car accident was a MIST case? What is a MIST case?

Mon, 17 Nov 2008 08:00:00 EST

You may have a MIST case and not even know it.

So what is a MIST case?

It’s what the insurance company defines as a Minor Impact Soft Tissue injury. MIST cases typically arise from accidents in which there is less than $1,500.00 in property damage. And, more importantly, it’s the type of case the insurance company will often "red flag" to suggest they will offer you very little to settle your injury claim, despite the significance of your injuries.

Some attorneys hesitate to represent victims of MIST cases due to the inherent difficulty they present. You’ll also quickly learn that the insurance company will likely never budge to your pleas for fair compensation.

So what do you do?

Contact a lawyer that has specific and extensive experience with MIST cases. The insurance company spends an exorbitant amount of money investigating, defending, and denying these types of claims, and by not consulting with a lawyer, you’ll likely be left very frustrated.

Do I need a lawyer?

Mon, 17 Nov 2008 08:00:00 EST

This question is a natural response following any accident that results in injury. The thought of contacting an attorney can fill a person with apprehension. Sometimes a person is intimidated by calling a lawyer, or they may have reservations about the moral implications associated with "suing."

Many injury victims clients will consult with family and friends to help them make this decision. It’s likely that they will receive both "yes" and "no" answers from those around them, and never receive decisive or informed advice. This can be very dangerous.

Truthfully, the answer to whether or not you need a lawyer is "maybe, maybe not." Without knowing the facts surrounding your accident, no attorney, and certainly no one outside of the legal profession, will be able to properly advise you as to whether or not legal representation is warranted.

Consulting with an attorney to get the basic information you need concerning your accident is often free, brief, and very informative.

Labor Day travel

Mon, 17 Nov 2008 08:00:00 EST

Fuel costs and a slumping economy continue to play a major factor in the decision making of travelers. According to AAA, 28.6% of the population will travel along American highways during the Labor Day holiday. This number represents a decrease of 1.1% from last year's total. The airline industry will suffer a much greater loss, as their numbers are expected to be down 4.5%. And public transportation should see a sharp increase as more people decide to travel by train or bus this year.

Keep in mind, Labor Day travel may be in decline compared to last year's numbers, but holiday travel still accounts for the busiest time on our roadway. As a result, personal injury and auto accidents usually increase sharply during this time.

Whether you are taking a bus, driving a recreational vehicle, or simply biking for exercise, keep a watchful out for the increase in traffic during the holiday weekend, and enjoy your vacation!

Scooter accident critically injures Indianapolis man

Mon, 17 Nov 2008 08:00:00 EST

On August 28^th, an Indianapolis man driving a scooter was critically injured after being struck by a school bus. According to the Indystar, the 19-year-old man was struck by the bus after failing to yield at a stop sign on the corners of 11^th Street and Temple. An IMPD spokesperson said the man was taken to Wishard Hospital with no further details regarding his injuries.

Scooter and motorcycles continue to rise in popularity as fuel prices remain high. The increasing presence of Harleys, Kawasakis, Choppers, and other motorized bikes on our highways should serve as a reminder to other drivers that the roadways demand our constant attention.

As personal injury attorneys for motorcycle riders and drivers of other motorized bikes, Keller & Keller is witness to the unfortunate aftermath of motorcycle accidents that are the result of careless driving. Because the injuries sustained in a motorcycle collision are usually severe, proper insurance coverage for all riders is an absolute necessity.

Indy man killed in motorcycle crash

Mon, 17 Nov 2008 08:00:00 EST

The Northwest Indiana Times reported that motorcyclist, Leon Collier, 34, of 4406 Roxie Drive in Indianapolis, was pronounced dead after an early morning crash on Monday, September 1st. The accident occurred at the 3300 block of Indianapolis Boulevard. The Lake County coroner has determined that Mr. Collier died of blunt force trauma to the head.

The vulnerability of a motorcyclist is immense and head injuries are a common occurrence. Regardless of the number of years of experience a rider has, a motorcycle helmet needs be worn at all times while operating or riding as a passenger. The effectiveness of helmets vary greatly, so be sure to investigate your helmet's safety rating before making the purchase.

Motorycle speed is main factor in fatality

Mon, 17 Nov 2008 08:00:00 EST

On August 31st 2008, the Tennessean reported that an Indiana man, Dale Underwood, 50, of Merrilville, Indiana, was killed after losing control of his motorcycle on Interstate 40 in Humphreys County, Tennessee.

According to the Tennessee Highway Patrol, Mr. Underwood was wearing a helmet but traveling at speeds in excess of 80 mph. The report stated that Mr. Underwood's bike was seen swerving before it lost control, striking a guardrail. Further investigation did not lead authorities to believe that alcohol was a factor.

Insurance Company Rules! An entertaining depiction of the insurance company

Mon, 17 Nov 2008 08:00:00 EST

Being successful on behalf of our clients means that we must communicate directly with insurance companies every day. Whether it's regarding issues related to property damage, or our client's personal injuries, conversation with an insurance company can be a Herculean task.

In fact, many of our clients initially contacted us out of the absolute frustration they experienced when trying to deal with an insurance company after their accident.

So what does it feel like for an attorney that must communicate with insurance companies day after day?

This Insurance Company Rules video provides a lighthearted, yet somewhat frightening answer to that question!

Americans with Disabilities Act (ADA) Amendments Act of 2008

Mon, 17 Nov 2008 08:00:00 EST

The U.S. House of Representatives recently passed the Americans with Disabilities Act (ADA) Amendments Act of 2008, originally introduced as the ADA Restoration Act of 2007. The bill would make it easier for workers to prove discrimination under the ADA. Currently, a "disability" is defined as a physical or mental impairment that substantially limits one or more of the individual's major life activities when using a mitigating measure, such as glasses, pills for hypertension, a hearing aid; the current definition of a disability also includes having a record of such impairment or being regarded as having such an impairment.

The ADA Restoration Act (HR 402 to 17, HR 3195) redefines "disability" as a physical or mental impairment, a record of such an impairment, or being regarded as having such an impairment. The proposed legislation also contains a rule of construction which states that the determination of whether an individual has a physical or mental impairment shall be made without considering the impact of any mitigating measures. It also excludes minor impairments and impairments with an actual or expected duration of six months or less as disabilities. The Act specifically includes a section with examples of major life activities such as caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

The legislation is now in the Senate, where it is expected to pass by the end of the year. Some media reports suggest that the Senate may actually take action before Congress takes its August recess. However, it is not clear whether the legislation will be signed by President Bush although the Bush Administration has expressed general support for the bill.

Motorcycle accidents increase by 18% in Indiana

Mon, 17 Nov 2008 08:00:00 EST

The News and Tribune has reported an increase in the number of motorcycle accidents on Clark County and Floyd County roadways. Since 2005, accidents are up 18% in Indiana, with a total of 2,400 accidents thus far this year. A Clark County sheriff stated that the most common type of motorcycle accident occurs when a car or truck pulls out in front of a motorcycle driver and fails to yield the right of way, thus causing a collision.

Cars and trucks often fail to yield the right of way to motorcycle drivers simply because motorcycles are not easily visible. However, all drivers have a duty to maintain a heightened sense of awareness toward the motorcycles and mopeds that share our roadways.

Remember, if a driver causes an accident by failing to yield the right of way to a motorcycle, the law will not recognize the driver’s "failure to see the motorcycle" as an acceptable defense.

Local teen killed in early morning crash

Mon, 17 Nov 2008 08:00:00 EST

A September 10th article on WTHR.com reported that an early morning crash has claimed the life of one teenager and severely injured another.

The accident happened shortly before 3 a.m. on Westfield Boulevard near 91st Street. Authorities believe that the driver of the car lost control of the vehicle as they attempted to maneuver a curve in the roadway. The vehicle left the road and struck several small trees.

Both occupants of the vehicle were ejcted upon impact. The surviving teenager was taken to Methodist Hospital and is said to be recovering. Authorities are still unsure of the official cause of this accident.

Will pre-existing injuries affect the value of my car accident claim?

Mon, 17 Nov 2008 08:00:00 EST

If the injuries sustained in your accident are similar to a previous injury from an unrelated incident, then your battle with the insurance company may be more intense than what you expected. In fact, the insurance company may simply try to deny your claim. And if the accident has merely aggravated a pre-existing condition, the insurance company will give their best effort to place a strict limit on the amount they pay out. Why is this?

Insurance companies will claim that your condition existed before the accident. To what degree they attribute your pre-existing condition to the symptoms you are now experiencing, will be important to determining what you may or may not receive in compensation.

In short, having a pre-existing condition can play havoc with your personal injury claim. It's for this reason that I always stress the importance of honesty to my clients during our initial consultation, especially in regard to pre-existing injuries and medical conditions.

In a personal injury lawusit, there are no secrets regarding your medical history. Even if you are represented by an attorney, the insurance company will have (and will use) the legal right to request information regarding your past medical history for as many years back as they feel necessary.

Man killed after hit-and-runs

Mon, 17 Nov 2008 08:00:00 EST

IMPD responded to an incident involving a disabled man who was struck twice in separate incidents involving hit and run drivers.

Billy Whyde, 44, was pronounced dead after he was attempting to cross the intersection of Madison and Nelson Avenues in a motorized wheelchair.

Mr. Whyde was initially struck by a green minivan. Onlookers to the incident tried reviving the victim, but soon decided to find a phone so that they could dial 911. As they attempted to contact police, Mr. Whyde was struck again by a silver sedan. The second driver also failed to stop.

The family of the victim is strongly urging anyone to come forward with information regarding this tragic incident.

Indiana law requires all parties involved in an an accident to immediately stop their vehicles as close to the accident scene as possible without posing additional risk to themselves or others. Failure to do so may result in stiff legal reprecussions.

Does Indianapolis Love MotoGP?

Mon, 17 Nov 2008 08:00:00 EST

MotoGP is coming to Indianapolis!

The return of motorcycle racing to the Indianapolis Motor Speedway was met with acclaim across all of America. The Big weekend is here and the fans and neighbors are talking. However, not everyone is happy. And we're not talking about riders worrying about problems with grip or the final turn back onto the front straight.

Locals of Speedway, Indiana - the town in which the track resides - are afraid that the arrival of thousands of MotoGP fans on their noisy motorcycles could keep the people of Speedway awake at night.

Perhaps fearing scenes from The Wild One, the Town Council is attempting to pass a special ordinance banning "unnecessary noises made by certain motor vehicles". The ordinance is specifically aimed at motorcycles revving their engines noisily, and will give police the power to impose fines on anyone they determine to be causing a nuisance by exhibiting excessive noise with thier bikes.

Although the citizens' and politicians' concerns are quite evident (even the most perfunctory browse through Youtube will turn up aural assaults from many European MotoGP rounds ) the wording of the ordinance seems contradictory to the spirit of the event. Bouncing your sports bike off the rev limiter or doing long and noisy burnouts are an integral part of the weekend's entertainment, and an important factor in keeping the atmosphere going at a MotoGP weekend. "Unnecessary" noises, like so many other adjectives, is very much in the eye, or the ear, of the beholder.

Watch the WISH TV news report on the Town Of Speedway's civil ordinance banning excessive motorcycle noise.Indianapolis, USA

"Hey! Why are you raising my insurance premiums?"

Mon, 17 Nov 2008 08:00:00 EST

Ask someone why insurance companies are forced to raise their rates and you'll probably hear: "It's the fault of all these attorneys," or some variation of the sort.

There has always been, and probably always will be, a divide in public opinion as to whether or not insurance companies and their ever-rising premiums are merely a product of aggressive plaintiff’s attorneys. Some groups (insurance companies included) argue that personal injury lawyers are sucking the insurance companies dry, leaving them with no choice but to raise premiums on their insured. It's a great job of marketing on the part of the insurance company--it's also a very deceptive and lazy answer.

If numbers like the following were given their due attention, then the public might have a different, more feasible, justification for why their premiums are so high.

In 2007 State Farm’s chairman and CEO received an 82% raise after the company posted record profit from the previous year–this amounts to a $5.26 million raise.
In 2006, the same CEO earned a total of $11.66 million.
Of that total, $9.89 million was results-based bonus. (That "results-based bonus" is largely attributed to the CEO’s ability to limit the company’s payout in claims to their insured who have suffered injury and to victims of injury caused by their insured.)
The same CEO made $6.4 million in 2005 and $5.5 million in 2004.
Moreover, in 2006, State Farm generated a record $5.32 billion profit.

Unfortunately, the truth is that the slanted stereotype of the greedy attorney will probably always have a home in our culture, but if we look at the numbers, it makes you stop and think, "Why, exactly, is the insurance company raising my rates?"

Mount Meridian woman attacked by pit bull on U.S. 40

Mon, 17 Nov 2008 08:00:00 EST

A Mount Meridian, Indiana woman suffered severe injuries after being attacked by a pit bull that was not properly restrained. Bobbi Belognia, 23, was walking her dog near the 5000 block of U.S. 40 when she was confronted by the pit bull.

Initially, the pit bull began attacking Ms. Belognia's dog. When Ms. Belongia attempted to intervene, the pit bull turned its attention to her. The animal latched onto Ms. Belognia's left ankle and would not release. A passerby stopped their vehicle and attempted to help Ms. Belognia by striking the pit bull several times on the head with a flashlight.

Ms. Belognia's injuries were so severe that she was taken to a hospital for surgery on her ankle.

The pit bull's owner requested that the animal be euthanized. No charges have been filed to date.

Michigan No-Fault law

Mon, 17 Nov 2008 08:00:00 EST

If you live or work in Southern Michigan, or Northern Indiana, in places like South Bend, Elkhart, Mishawaka, Niles, Michigan City, Benton Harbor, or Three Rivers, you may be familiar with the term “Michiana.” The name comes from the many people in these locations who frequently travel across the state line for shopping, work, or recreation.

Keller & Keller has represented several Michigan residents that were involved in accidents while traveling into Indiana. Many times these clients have hired us because of the complexities associated with Michigan No-Fault law. Likewise, we also have clients who are residents of Indiana but were injured in an accident while traveling in Michigan.

Michigan’s No-Fault laws are complex. There are time considerations and limitations that favor insurance carriers, and without a full understanding of this area of law, you could lose your rights to the benefit of the insurance carrier.

For example, if you qualify for Michigan No-Fault benefits, you must file an application with the appropriate insurance carrier within one year of the accident date, or your benefits could vanish. Many people are unaware of this.

Contacting an experienced law firm ensures that you will not lose these benefits.

Michigan No-Fault Law Order of Priority: Who pays my bills?

Mon, 17 Nov 2008 08:00:00 EST

In Michigan, it is important to understand that even if the person who struck your vehicle and injured you is placed 100% at fault, typically your own auto insurance must pay your medical bills and your lost wages.

In personal injury cases arising from Michigan, determining who must by law pay your expenses is often referred to as “Michigan No-Fault Benefits.” This particular type of law is complex and filled with countless scenarios that require expert legal advice.

The following is a helpful guide regarding order of priority in Michigan No-Fault cases:

Driver or Passenger Order of Priority
1st priority is your own insurance policy, if none then...
2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...
3rd priority is to the insurer of the owner of the vehicle occupied, if none then...
4th priority is to the insurer of the driver of the vehicle occupied, if none then...
5th priority is to the State of Michigan Assigned Claims Facility.

Pedestrian Order of Priority
1st priority is to your own insurance, if none then...
2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...
3rd priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...
4th priority is to the insurer of the driver of the motor vehicle involved in the accident, if none then...
5th priority is to the State of Michigan Assigned Claims Facility.

Motorcycle Order of Priority
A different order of priority exists if you were operating a Motorcycle at the time of your accident, as motorcycles are not considered "motor vehicles" under Michigan law. In a motorcycle/auto collision, the order of priority would be as follows:
1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...
2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...
3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then...
4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then...
5th priority is to the State of Michigan Assigned Claims Facility.

Safety Tip: Motorcycle Lane-Splitting, White-lining, and Filtering Forward is Illegal in Indiana

Mon, 17 Nov 2008 08:00:00 EST

This week, a motorcyclist was killed on I-69 near Fort Wayne, Indiana, when he attempted to pass two cars by traveling in the middle of the two lanes. This practice is known as "lane-splitting," "filtering forward," or "white lining." It occurs when a biker attempts to pass between the car and the breakdown lane or shoulder.

In the United States, lane splitting is only legal in the state of California (mostly because of California's clogged streets and traffic issues). In all other 49 states, the maneuver is illegal, or has no specific legislation that speaks to its legality.

There are two schools of thought on lane-splitting. Some think that it actually decreases traffic and makes motorcycle accidents less frequent - the Hurt Report, published in 1981, used data collected in the 1970s to show that white lining and lane splitting reduced the number of read-end crashes. Also, data from the United States Department of Transportation cites that read-end crashes are 30% lower in California.

However, other data suggests that the move is very dangerous and even often deadly. While lane splitting during stop-and-go traffic may help congestion, lane sharing at higher speeds is a very risky maneuver that increases blind spots and leaves little room for error. According to the Office of Traffic Safety, there were 397 motorcyclist injuries and 9,472 incidents involving unsafe lane changes associated with lane-splitting in 2005 alone.

Indiana has no specific legislation addressing the maneuver; however, it is dangerous and can have fatal consequences. And while there may not be legislation regarding lane-splitting, if you're in an accident while performing such a maneuver, the likelihood of you being placed at fault will increase exponentially.

Motorcycles already face more safety issues on the road than cars do - if you ride one, be sure to follow all laws and safety precautions to prevent accidents and injuries.

September: A Focus on Motorcycle Safety

Mon, 17 Nov 2008 08:00:00 EST

At Keller & Keller, we see a number of tragic motorcycle accident cases. No matter the particulars of the case, we ultimately want to prevent motorcycle crashes, reduce serious injuries and fatalities, and increase motorcycle safety awareness across Indiana.

This month, our new Library Items focused on how motorbike riders can stay safe on Indiana roads, become more aware of the rules and regulations we have on a state level, and understand the best ways to approach less than ideal roads for motorcycle travel. The good news is that, according to the Motorcycle Safety Foundation, over four million bike enthusiasts have taken rider education courses in the last 35 years. The bad news is that, according to the National Center for Statistics and Analysis, with even more vehicles on the road, motorcycle accidents as well as motorcycle injuries and fatalities, have gone up for the last several years.

Please, even if you are not a motorcycle rider yourself, read our newest Library Items on motorcycle laws and motorcycle safety. If you are familiar with the dangers they face on the road each day, you may be more likely to watch for them and better understand how and why they ride.

As always, if you or someone you love has been involved in a motorcycle accident, you should talk to an experienced and specialized attorney today about the details of his or her case. Call or write us today for a free consultation regarding your case.

Eye injury video explains common first-aid techniques

Mon, 17 Nov 2008 08:00:00 EST

Eye injuries are not uncommon in auto accidents. I recently spoke with a young man whose windows were broken as a result of a side impact collision. Though he suffered soft tissue injuries to his neck and back, his main concern was for the injury that the broken glass caused to his eye.

The side impact shattered the driver's side window and particles of the broken glass entered his eye causing scrathes to his left eyeball as well as an eyelid laceration. Although he was told by doctors that his vision will not be permanently affected, he is still experiencing pain in his eye and is having a re-evaluation.

The following video contains excellent information regarding the anatomy of the eye, injuries to the eye, and treatment methods for an eye injury.

Using Social Security Data incorrectly

Mon, 17 Nov 2008 08:00:00 EST

Indiana is counted among the states that are using Social Security Data incorrectly.

We think this is a shame and an abuse of our clients social security information. The New York Times reports that Indiana, Nevada, North Carolina and Ohio are improperly using Social Security data to verify registration applications for new voters.

In addition to these six swing states, three more states appear to be violating federal law. Alabama and Georgia seem to be improperly using Social Security information to screen registration applications from new voters. And Louisiana appears to have removed thousands of voters after the federal deadline for taking such action.

Under federal law, election officials are supposed to use the Social Security database to check a registration application only as a last resort, if no record of the applicant is found on state databases, like those for driver’s licenses or identification cards.

This precondition exists because using the federal database is not as reliable than each state’s lists, and is more likely to incorrectly flag applications as invalid. Unfortunately, many state officials seem to be using the Social Security lists first.

Auto accidents CAN cause rotator cuff injuries

Mon, 17 Nov 2008 08:00:00 EST

You've been in an accident and you're experiencing pain in your shoulder. Someone tells you that you might have done something to your rotator cuff.

You think to yourself "This couldn't possibly be a rotator cuff tear, could it? I thought that type of injury only happened to athletes."

While it's true that rotator cuffs may be more prevalent in the lives of athletes, or workers who exhibit some type of repetitive motion in their daily lives, rotator cuff damage can also be caused by direct trauma sustained in an auto accident.

We have posted a very informative document about rotator cuff injuries in our Library section under the Resource Centers heading. You'll find additional information regarding rotator cuff injuries, their causes as well as their treatment.

Distracted driving is on the rise. These drivers are a threat to your life!

Mon, 17 Nov 2008 08:00:00 EST

Everyone has seen it, and some of us are guilty of it: driving while distracted. Today, the largest growing threat to the highways are drivers who text or talk on their cell while driving; however there are other concerns, too.

Whether you're on your way to work, running an errand, or simply out for a drive, you've likely noticed drivers chatting on phones, putting on make-up, shuffling through their Ipod, eating food, fumbling with cd's, reaching into the backseat or floorboard, wearing headphones, updating their navigation system, disciplining their children, and on, and on, and on... Our law firm sees the pictures and results of collisions caused by these acts: it's frightening, and sometimes even heartbreaking.

What do these drivers mean to you and I? It means that when we get into our cars, we are subjected to far greater risk, and the likelihood of getting into an accident skyrockets.

A recent study provided scientific proof that distracted drivers are three times as likely to be involved in a car crash as a more attentive motorist. The National Highway Traffic Safety Administration reported that 80% of crashes and 65% of near-crashes occur within three seconds of some type of driver distraction. This is an astonishing number!

Age was also a significant role in these types of crashes. The study stated that drivers between the ages of 18 and 20 were four times as likely to have distraction-related crashes and near-crashes as drivers over the age of 35.

The lesson to be learned is one we've heard from the time we first sat behind a wheel: Keep your eyes on the road. A fatal car crash can happen in less than a second.

Reduce Fuel Use and Emissions

Mon, 17 Nov 2008 08:00:00 EST

Keller & Keller encourages Indiana drivers to reduce fuel use and emissions from their vehicles by following a few of the simple steps listed below. Typically, practicing moderate levels of EcoDriving can reduce fuel use by an average of 15%.

1. Avoid rapid starts and stops, rapid acceleration and braking. This type of activity is referred to as “jack rabbit” starts and stops, and it wastes precious fuel and excess dollars at the gas pump.

2. Maintaining a constant speed in your commute increases fuel economy, because it takes much more energy to move a stopped vehicle than to keep a vehicle moving.

3. Ride the “Green Wave.” A steady, safe speed can often can help drivers avoid red lights and keep their cars moving more efficiently.

4. Use air conditioning at higher speeds. An open window is better for slower speeds (less than 40 mph). Urban areas are particularly conducive for open windows. If you are traveling at higher speeds (over 40 mph), open window will use more fuel than your air conditioner. In fact, maintaining an optimum highway speed, observing the speed limit, and not exceeding 60 mph (where legally allowed) can improve your mileage by 7-23%.

5. Cruise control can provide a 7% average fuel savings, compared to driving without using this feature. Additionally, by planning your trips, even your Saturday shopping, can help reduce fuel use and CO2 (carbon dioxide) emissions.

6. Avoid idling! Idling uses gas, and because the car is not moving, it translates into 0 mpg. If you live in a larger city such as Chicago, which has an abundance of toll roads, buy an Automated Pass such as the “EZ Pass.” This will allow you to avoid stopping and starting as you approach tolls as well as idling in toll lane lines.

7. Use the highest gear possible where possible, such as on a highway. Your vehicles engine speed is reduced, you save fuel, and engine wear is minimized while reducing CO2 emissions.

8. Drive your vehicle to warm it up. Your vehicle will reach its optimum operating temperature much faster when you are driving, rather than idling. As well, always roll down the windows when getting into a hot car, as this helps blow out the hot air. Whenever possible, try to park in the shade, and invest in a heat reflector or window shades.

9. Obey your check engine light. When your onboard diagnostics alert light signals your attention, there is a possibility that your emissions are increased and your fuel economy is going down.

Mobileye introduces technology to decrease risks of rear-end collisions, forward collisions, lane departures, etc.

Mon, 17 Nov 2008 08:00:00 EST

Mobileye serves as a leader in the development of vision-based driver assistance technologies. The technologies this company is introducing to the automotive world are designed to prevent crashes and save lives, especially during our modern times, where incidences of distracted driving is unfortunately on the rise. Many major automotive companies have selected Mobileye as a provider for technologies for their production vehicles.

Some of the safety technologies they have introduced to the automobile industry are:

Adaptive Crusie Control
Lane Departure Warning
Forward Collision Warning
Headway Monitoring
Adaptive Headlight Control

The company also offers consumer based products such as 'Mobileye AWS-4000'. This particular component is designed for accident prevention and reduction. The device is a camera that is positioned on the front windshield inside the vehicle and detects and measures distances to other vehicles and lane markings. The timely alerts provided by this device helps drivers who become distracted and might not otherwise be aware of a sudden danger. The goal of this type of alert system is to improve overall driving habits and skills.

Social Security benefits are on the rise

Mon, 17 Nov 2008 08:00:00 EST

According to a recent press release, this January, 50 million Americans will see an increase in the amount of their Social Security benefits. The Social Security Adminsitration recently announced that benefits will be raised by 5.8%, which will mean an additional $63 a month for the average retiree.

This represents the largest rise in benefits since 1982, when Americans saw a 7.4% increase. It also represents an increase that is more than double of last January's 2.3% hike.

Social Security benefit changes are determined by the Consumer Price Index increases from July through September from one year to the next.

The larger checks for retirees may offer little help, as large increases in food costs and energy bills have been cause for concern. As well, some retirees have seen their retirement savings be negatively affected by the recent turbulence within Wall Street.

Illegal street racing and its casualties reach alarming levels

Mon, 17 Nov 2008 08:00:00 EST

Illegal street racing has risen to alarming levels. More to the point, as one official plainly stated, "Illegal street racing has reached ridiculous levels."

The result has led to an increasing number of senseless deaths, and the participants are not the only casualties. A large number of illegal street races that involve wrongful deaths will also likely include an innocent bystander, whether it be a jogger, a fellow motorist, a bicyclist, or a pedestrian, etc.

At present there are no official databases that track street racing deaths, but a simple Google search for the term "street racing deaths" reveals an unfortunate truth behind this emerging epidemic. Because these types of acts are often prosecuted as reckless driving or speeding statutes, it makes the official tracking of illegal street racing very difficult.

A recent press release reported a Florida Highway Patrol Trooper stating, "The last four years it's been out of control." She went on to further report that in the 10 days ending January 1 of 2008, four people in her jurisdiction died, including a teen bicyclist just riding alongside the road.

Whether or not offical numbers are ever recorded, the fact remains that illegal street racing is careless, dangerous, and can lead to deadly consequences and destroyed lives.

Deer-related crashes peak during the months of October through December

Mon, 17 Nov 2008 08:00:00 EST

October through December serve as the peak season for deer-related car crashes. Every year, according to the Insurance Institute for Highway Safety, these types of accidents account for over 150 human fatalities. The number of deer killed in these accidents average a mind-boggling one and a half million! More astonishing is the fact that these numbers don't account for the hundreds of thousands of personal injuries sustained by people involved in deer-related incidents.

In terms of the probability of hitting a deer, Indiana accounts for one of the highest percentages, ranking 11th in the country. State Farm Insurance reported the number of deer-related crashes in Indiana was up 24.2% compared to five years ago. Experts have determined that a combination of deer mating and migration habits, as well as shortened daylight hours, have heightened everyone's risk of being involved in this type of crash.

Am I able to make a recovery if I was an injured passenger in a car that struck a deer? It's possible.

The only way to determine whether or not you would be able to make a recovery for your injuries is by contacting an experienced personal injury attorney. Deer-related accidents can be very complicated. They are far from the day-to-day crashes often seen on our highways.

Seven tips to help you reduce the likelihood of striking a deer with your vehicle:

Respect deer crossing signs--they are there for a reason! These signs are often placed in high incident areas.
Special caution should be given between the hours of 6 and 9 p.m., as this is when deer are most active.
Use your high beam lights as much as possible at night to help illuminate areas where deer may cross or enter roadways.
Remember that deer often travel in herds. When you see one, there is a strong likelihood more are in the immediate area!
Don't put faith in car-mounted deer whistles. They don't work.
Remember, if a collision seems unavoidable, attempting to swerve out of the way may cause you to lose control of your vehicle or place you in the path of oncoming traffic.
Always be aware, slow down, and use your peripheral vision. You'll reduce your chances of being involved in a deer-related collision.

Be Aware of Motorcycles and Share the Road

Mon, 17 Nov 2008 08:00:00 EST

This week, we saw a tragic accident in near Muskegon, Michigan, where an unaware and intoxicated driver plowed into an oncoming motorcycle. A tragic car and motorcycle crash like this reminds us to be on the lookout for motorcycles on the road at all time. It's a misconception that fatal motorcycle accidents occur because bikers are aggressive or dangerous drivers - the truth is that many motorcycle accidents occur because people driving cars and trucks don't see them or aren't looking for them.

Here are 4 steps a car or truck driver can take to make the roads safer for everyone:

Check your rear view and side view mirrors often. Be aware of your blind spots, even if it means turning quickly to peek behind you.
Don't tailgate or follow too close. While rear-ending a car or truck can be a simple fender-bender, rear-ending a motorcycle can often be fatal.
Simply be aware the riders are on the road - consciously look for them when turning onto a highway or merging, and purposely think about the possibility of motorcycles when changing lanes.
Don't drive impaired. The motorcyclist killed this week was killed by a drunk driver pulling out of a bar. But drinking isn't the only way to impair your driving - be careful when taking cold medicines, pain killers, and prescription drugs. Also understand that driving while fatigued can be just as dangerous as driving drunk.

October: A Focus on Slip and Fall Injuries

Mon, 17 Nov 2008 08:00:00 EST

An icy walkway. A loose stair. A spilled jar of tomato sauce in a grocery store aisle.

These small snapshots from everyday life can lead to life-altering injuries, missed work, and a shoebox of mounting hospital bills. And though people are more likely to be familiar with the steps to take following a car accident, fewer people know what to do in the wake of their slip-and-fall case.

Most people will recognize that their fall was due to someone else's negligence, yet they may not know the first step to take in order to right that wrong. In a car accident, the person at fault is usually standing in front of you and writing out their insurance information, a slip and fall is much tougher to navigate.

Because these cases are often complex, we want to focus a Library Item on the finer points of these types of cases-- both how to prevent them from happening, and how to act in the wake of a serious fall accident on someone else's property:

Although these articles may help, the best way to learn more about your particular slip and fall case is to contact an experienced injury lawyer immediately.

How much is my personal injury claim worth? Can Keller & Keller tell me?

Mon, 17 Nov 2008 08:00:00 EST

"How much is my case worth?" There will come a time after your accident that you will ask yourself this question. Keller & Keller answers this question everyday for many accident victims and their families.

We have posted a very honest, informative document in the library section of our website that discusses the value of claims for auto accidents, semi-truck accidents, slip and fall incidents, as well as dog bite cases.

After you have read the material related to case value, please contact an experienced personal injury attorney for a free case evaluation. During this initial case evaluation, the attorney will be able to determine the strengths and weaknesses of your case in terms of liability (a vital element that determines case value) as well as advise you on what steps you need to take next.

Spencer County Indiana Man Killed In Head On Collision With Semi-Truck

Mon, 17 Nov 2008 08:00:00 EST

ABC News 25 reports that 38-year-old Timonthy J. Oeding, of Wheatland, Indiana, was killed in a head-on wreck with a big rig truck on Monday, November 17, 2008. The accident took place on US 231 near Dale, Indiana in the afternoon hours.

The Indiana State Police told reporters that the driver of the car, Oeding, veered into across the double yellow centerline and into the truck's oncoming lane. The two vehicles collided head on. While Oeding died instantly according to state troopers, the truck driver suffered serious but non-life-threatening injuries - among them a broken leg. The semi drive was taken to Jasper Memorial Hospital and then transferred to Louisville for surgery.

Although the truck accident is still under investigation, police do not believe that the driver was impaired or that drugs and alcohol were a factor in the fatal crash.

In Slip And Fall Cases, What Is The Attractive Display Doctrine?

Mon, 17 Nov 2008 08:00:00 EST

As you probably know if you have been injured in a slip and fall accident, premises liability cases can be complicated and can involve more than one or two single factors. One aspect of slip and fall cases that can be overlooked in Indiana is the attractive display doctrine.

What is the attractive display doctrine?

Very simply put, it means that the invitee (the injury victim) could have been distracted from watching his step if he was looking at a store merchandise display meant to capture his attention. While the customer may usually be watching for obstacles like spills or obstructions, a flashy display may take his mind off of his surroundings. In these cases, you may be able to argue that the store owner and defendant created a distraction that put customers in danger. If the defendant is aware that a customer will have their eyes on the display, then they should clear the way of all dangerous conditions - the customer can assume that the way is safe since there are distractions around him.

As always, if you have been involved in a slip and fall accident that might relate to the attractive display doctrine, contact us immediately for a free consultation.

Clark County Jury Awards $1.5 Million in Medical Malpractice Suit

Thu, 02 Feb 2012 08:00:00 EST

A New Albany woman suffering from short gut syndrome was awarded $1.5 million in damages during an Indiana medical malpractice trial in Clark County.

According to the Jeffersonville News & Tribune, 30-year-old Michelle Wells Fischer suffered a permanent, life-altering injury after a surgeon at Floyd Memorial Hospital & Health Services delayed surgery before leaving town for the weekend.

During the trial, Fischer stated that in 2003 she was suffering severe abdominal pain and went to the emergency room for care. She was seen by Dr. William Garner III, who deemed that surgery was needed to correct her problem. However, he then decided not to operate and left her in the care of other surgeons before leaving town. During his absence, doctors discovered that Fischer suffered from ischemic bowel disease and that most of her long intestine had died. Fischer herself almost died as well, but doctors were able to save her life as well as a mere two feet of intestine.

Today, Fischer struggles with weakness, malnourishment, and the inability to live an active life. She was not able to pursue her dreams of becoming a surgical technologist because of her health condition. She requires a life of medication and will always have a chronically bloated abdomen.

Before going to trial, her medical malpractice case was processed by Indiana Malpractice Review System. The jury awarded her $1.5 million, but medical malpractice caps in Indiana will only allow her to receive $1.25 million.

Truck Containing Meth Lab Materials Wrecks, Closes I-69 in Indiana

Tue, 31 Jan 2012 08:00:00 EST

Indiana State Police closed Interstate 69 South for five hours on Thursday morning after a one-vehicle accident involving hazardous materials took place near the Airport Expressway exit.

According to the Fort Wayne Journal-Gazette, a truck carrying evidence from a methamphetamine lab police-bust ran off of the road and wrecked near the 100 mile marker just south of Fort Wayne. The truck, which was part of a two-vehicle convoy, was owned by Summit Environment Inc., a company that works with the authorities regarding evidence collected from meth lab raids across the state.

At the time of the Indiana truck accident, the trailer was carrying 180 five-gallon barrels of meth-related evidence, many of which spilled into the roadway. Two of the barrels split open during the crash, but police say that the materials were well packed and did not present a danger.

After the crash, all lanes of I-69 south were closed until almost two in the afternoon. For hours after that, the passing lane remained closed as the cleanup continued. The driver of the truck suffered minor injuries in the commercial truck accident.

It is unclear what caused the Fort Wayne truck accident or whether any citations or charges will be issued in connection with the crash.

Bloomington Police Struggle to Enforce New Texting Law

Tue, 31 Jan 2012 08:00:00 EST

Although most traffic safety advocates agree that text messaging while behind the wheel should be illegal, Indiana police say that the new law banning texting while driving is virtually impossible to enforce as it stands.

Six months ago, the state of Indiana banned texting while driving in a new law. However, half a year after the law went into effect, Bloomington Police say they haven’t issued a single ticket for the offense – and not because of a lack of trying. The law states that police may only pull over drivers if they observe the drivers texting, but that the officer may not take the cell phone from the driver to confirm that he or she had been texting or receiving a text.

About 100 drivers across Indiana have been issued tickets or warnings related to texting while driving in the last six months. Each year, about 2,000 serious Indiana car accidents and injuries involve a distracted driver.

This issue comes at the same time that the National Transportation Safety Board (NTSB) has issued a recommendation to the 50 states to ban all mobile phone use while driving except in the case of an emergency. A ban on all hands-free devices while driving would be easier to enforce, though Indiana officials say that that law, too, may pose new problems, such as what exactly constitutes an emergency.

Illinois Jogger Critically Injured in Chicago Pit Bull Attack

Mon, 30 Jan 2012 08:00:00 EST

An early-morning jogger on a path along Lake Michigan in Chicago was brutally attacked by two large male pit bulls on Monday, January 2. The man remains in critical condition while police search for the owner of the two aggressive animals.

According to the Galesburg Register-Mail, the unidentified 62-year-old Chicago resident was jogging on the South Side at around six in the morning when he was attacked by two unneutered male pit bulls. Several nearby residents heard the man screaming for help and took action – one called 911 while another attempted to rescue the man. When police arrived, the dogs turned to attack them and were shot by officers.

The man was rushed to John H. Stroger Jr. Hospital of Cook County where he is being treated for serious bite wounds on his arms, legs, and face.

Chicago police have not yet located the owners of the dogs, though matching collars suggest that they belong to the same person. The owners could face multiple citations and charges related to letting their dogs run loose and owning a dog that causes serious injury to a human. Authorities say they will also look into whether the dogs could have been abused or neglected.

The Illinois dog injury attorneys at Keller & Keller wish the dog attack accident victim a fast and complete recovery.

Illinois Sued after Fatal Accident Involving State Vehicle

Sun, 29 Jan 2012 08:00:00 EST

After a fatal traffic accident in a parking lot in 2011, the legal guardian of the accident victim has filed a wrongful death lawsuit against a number of parties, including the driver who allegedly caused the accident, the owner of the vehicle involved in the accident, the Illinois Department of Natural Resources, and the state of Illinois.

Last spring, 27-year-old Derek Posey of Morris, Illinois was participating in community service work at Stratton Park when he and two other workers, Steven Fronzeak and Richard Brockman, decided to take a break in the bucket of an Illinois Department of Natural Resources (IDNR) tractor. While they were breaking from work, a car driven by 20-year-old Eduardo Lopez sped through the parking lot and struck the construction tractor.

All three men fell out of the tractor bucket. Posey fell in between the tractor and an Illinois-owed pickup truck. When Lopez then struck the pickup truck, Posey was killed.

As the investigation unfolded, authorities found that Lopez was under the influence of illegal drugs, including meth.

Posey’s legal guardian, Lana Spencer, is suing Lopez and the owner of the vehicle that Lopez was driving, stating that Lopez intentionally caused the fatal Illinois parking lot accident. She is also suing the IDNR and Illinois, claiming negligence.

The Illinois traffic accident attorneys at Keller & Keller send their condolences to the loved ones of Derek Posey as they navigate their lawsuit.

Two Killed in Wreck on Old Lyons Road in Greene County, Indiana

Sun, 29 Jan 2012 08:00:00 EST

Two people were killed in a head-on collision at the intersection of County Road 200 South and County Road 1025 West outside of Lyons, Indiana, on January 3, prompting many local officials to question the possibility that the speed limit on the road is too high.

According to Greene County Daily World, 23-year-old James Allen was driving a car east on Country Road 200 South (Old Lyons Road) with three passengers: his wife, Ashley Bailey-Allen, and his two daughters, four-year-old Katelynn and one-year-old Aubrey. An approaching vehicle, driven by 45-year-old Susan Olson of Jasonville, suddenly veered out of the lane, striking the oncoming car head on and killing both drivers.

The two drivers were pronounced dead at the scene of the fatal Indiana car accident, while Ashley was rushed to IU Health Methodist Hospital in Indianapolis with serious multiple injuries. The two young children were rushed by ambulance to Riley Hospital for Children, also in Indianapolis. All three are expected to survive the crash but face long recoveries.

The cause of the Greene County crash is still under investigation as authorities await the results of toxicity tests conducted on both drivers.

The Indianapolis personal injury attorneys at Keller & Keller send their heartfelt condolences to the accident victims in this case as well as to their family and friends.

Illinois Woman Dies in Alleged Drunk Driving Accident in Mattoon

Sat, 31 Dec 2011 08:00:00 EST

A Mattoon woman was killed in a two-vehicle accident in Coles County, Illinois, this week that police believe involved drugs and alcohol. The man who allegedly caused the crash was days from beginning a six-year prison term.

According to local news reports and the Illinois State Police, 28-year-old Devin Daily was on a week-long furlough before starting a multiple-year jail sentence for burglary at the time of the accident, which took place on Saturday night at just after 10 p.m. Daily has been charged with failing to stop at a stop sign, driving while under the influence of drugs and alcohol, driving with a revoked license, failure to avoid an accident by reducing speed, failure to wear a seatbelt, possession of drug paraphernalia, and possession of drugs.

After Daily ran the stop sign, his vehicle slammed into a car driven by 65-year-old Shirley Graham of Mattoon. She was killed in the Illinois car accident. Daily was injured in the car wreck and taken to Carle Hospital by ambulance for treatment. Days after the crash, He was transferred to Coles County Jail.

Coles County Assistant State's Attorney Rob Scales told reports that he will always regret his decision to release Devin Daily before he started his jail sentence.

The Illinois car accident attorneys at Keller & Keller send their condolences to the family, friends, and loved ones of Shirley Graham.

Sugarland Named in Indiana State Fair Stage Collapse Lawsuits

Sat, 31 Dec 2011 08:00:00 EST

As wrongful death lawsuits, personal injury lawsuits, and premises liability lawsuits are being filed against the state of Indiana and the stage riggers in the Indiana State Fair stage collapse tragedy, many victims of the accident are also naming the country band Sugarland in their claims.

This summer, the country duo was about to take the stage in front of thousands of fans when a severe storm blew into the area and strong winds blew over the stage. Seven people were killed in the accident while dozens were seriously injured. Forty-four of the lawsuits that followed, including four wrongful death lawsuits, name Sugarland as a negligent party.

According to the Indiana injury attorney in one of the lawsuits, Sugarland had the final say in whether or not to cancel the concert that night when the wind picked up and that the country music performers did not show appropriate care or concern when they decided to move forward with the performance. One plaintiff’s attorney said that the musical act could have prevented the tragedy.

Sugarland canceled their performance at the Iowa State Fair in the days after the accident and held a benefit concert for the victims of the stage collapse in October.

Indiana Widower Wants Answers from Hospital about Wife's Death

Fri, 30 Dec 2011 08:00:00 EST

Three years after his wife died in the Indiana University Health Bloomington Hospital emergency room, nationally known bear trainer Jeff Watson is still looking for answers regarding what happened that day and whether the death was caused by a doctor mistake.

Leanne Watson was suffering from Chronic Obstructive Pulmonary Disease (COPD) and possibly an asthma attack when she arrived at Bloomington Hospital in an ambulance three years ago. However, doctors misdiagnosed the woman with a panic attack and treated her with the drug Ativan. She died seconds after receiving the medication.

Jeff Watson believes that the drug could have reacted with the central nervous system suppressants that his wife took to control her COPD, but two different autopsies of the body came to two different conclusions about the cause of death. The man settled an Indiana medical malpractice lawsuit out of court, but now says that he needs more answers and regrets his decision not to take the hospital and doctor to court.

Now Watson, a Spencer resident, drives around Indiana with a sign on the back of his truck that says, “My wife died begging for air at Bloomington Hospital.” On December 11, he held a rally in front of the hospital demanding more information about the case.

At Keller & Keller, our thoughts are with Watson – and we hope that those who have been harmed by a possible medical error speak with an Indianapolis medical malpractice attorney before settling.

Avastin Not Approved by FDA for Breast Cancer Treatment

Fri, 30 Dec 2011 08:00:00 EST

After looking at the results of a number of new studies and trials, the Food & Drug Administration (FDA) has revoked its earlier approval for Avastin as a treatment for metastatic breast cancer.

According to CNN, the drug is still approved by the FDA to treat colon cancer, lung cancer, kidney cancer, and brain cancer. Those who speak with their doctors and decide to use Avastin to treat their breast cancer will not likely receive insurance coverage for the medication.

The drug went through the FDA’s accelerated approval process in order to get the drug, which is used in combination with paclitaxel, to women with HER2 negative breast cancer who needed immediate treatment. However, when the drug’s developer and manufacturer, Genentech, completed its trials, it discovered that the drug neither improved women’s quality of life or lengthened their survival after diagnosis. In fact, the drug’s many side effects, which include bleeding, heart attack, stomach perforation, and intestine perforation, outweigh benefits in most cases.

Genentech said that it would continue with trials in order to discover more about the effectiveness of the drug. At the same time, the FDA says that it will reconsider approval if new findings show the drug can help women with breast cancer.

Fatal Indiana Pit Bull Attack Involves Owner & Dog Rescuer

Thu, 29 Dec 2011 08:00:00 EST

A Northern Indiana man was likely killed by his pet pit bull at his rural home in White County this week. According to the Chicago Tribune and local news sources, 58-year-old Joseph Hines was found dead at his home with an apparent fatal dog bite in his jugular vein and other animal bites on his arms, ankle, and hands.

The man, who lived outside the town of Burnettsville and about 70 miles north of Indianapolis, had owned the dog for four or five years, according to family members. The male pit bull, named Honey, had been rescued by Hines and had no history of violence or aggression. Many neighbors had often seen Hines walking the dog. Hines was not married, did not have children, and was unemployed at the time of his death. One relative called the fatal Indiana dog attack unfathomable and bizarre.

A White County autopsy following the man’s death confirmed that the pit bull caused the man’s death.

The dog was taken to White County Animal Control. Hines’ sister has ordered the dog to be euthanized.

The Indianapolis dog bite attorneys at Keller & Keller are thinking about Hines’ family and loved ones in the wake of this tragic event.

Hoosiers need help to fight the three D's of insurance industry

Mon, 28 Nov 2011 08:00:00 EST

The victims of Indiana traffic accidents need all the help they can get.
Even a minor injury collision can leave travelers with painful and debilitating injuries, serious medical bills and no way to work.
Anderson Cooper of CNN recently exposed tactics used by insurance companies to avoid paying injury victims -- including Hoosiers – in so-called “soft tissue” cases. They are known as the three D’s.
“Delay, deny and defend” are the nefarious strategies employed by the insurance industry, as revealed during a three-part series on “Anderson Cooper 360.” They are employed by nationally known insurance providers, such as State Farm and Allstate.
West Lafayette resident Ann Taylor knows the ways of insurance companies all too well. Ms. Taylor suffered a herniated disc when she was involved in a crash with no less than a State Farm worker in a company car. After incurring roughly $15,000 in expenses, she was able to recover just $3,500.
Over the past 10 years, CNN discovered, between 80 and 90 percent of victims of minor accidents back down, letting the insurance company off the hook. Victims who have incurred thousands of dollars in expenses often receive settlements of only $50 or $100.
The investigation was the result of 1 ½ years of investigation that included reviewing 6,000 documents and conducting interviews with more than 25 people, including customers and veterans of the insurance game.
Years of experience and research have showed insurance companies that victims of “soft tissue” injuries are vulnerable.
If you’ve been injured in an accident, protect yourself and your family by contacting an attorney to advise you on your rights. The legal team at Keller & Keller has the experience needed to recover your full settlement and let you get on with your life.

Indiana Trooper, Good Samaritan Save I-65 Car Accident Victim

Mon, 28 Nov 2011 08:00:00 EST

Indiana State Police and emergency responders are reporting that a State Trooper and a passing, off-duty nurse are responsible for saving a man's life following a car accident on Interstate 65 in Lake County last weekend.

According to the Chesterton Tribune, 39-year-old Paul Eger of Demotte was driving home just after 2:30 a.m. on Saturday morning when he drifted out of his lane and sideswiped a tractor-trailer near the Lowell exit. After hitting the semi truck, Eger crossed the median, struck a barrier, and finally left the road. His vehicle rolled over, and Eger was seriously injured.

Two other drivers on I-65, a registered nurse and an on-duty Indiana State Trooper, pulled over when they saw the accident and discovered that Eger had severed an artery in his wrist and was bleeding heavily. The pair quickly applied pressure to the wound and then fashioned a makeshift tourniquet for the man.

When EMS arrived, the Indiana car accident victim was rushed to Saint Anthony's Hospital in Crown Point, where doctors and authories praised the work of the trooper and Good Samaritan. Eger, who was not wearing a seatbelt at the time of the crash is expected to recover. The man had alcohol in his bloodstream at the time of the accident and will be charged with drunk driving.

Widower Challenges Indiana Medical Malpractice Damages Caps

Sun, 27 Nov 2011 08:00:00 EST

The Indiana Court of Appeals will allow a Hancock County man to challenge the constitutionality of Indiana's medical malpractice law that caps damage restitution regardless of the severity of the medical mistake or cost of the error.

According to Indiana news sources, 47-year-old Debbie Plank went to the emergency room in 2001 complaining of severe abdominal pain. Although tests revealed a blockage, doctors did not perform surgery. Information about her blocked bowel was lost and by the time she was operated on, her medical condition was fatal. In 2009, an Indianapolis jury awarded her husband, Timothy Plank, $8.5 million in damages. However, due to Indiana medical malpractice laws, he can only collect $1.25 million.

Now, the Indiana Court of Appeals has ruled that Plank is entitled to an evidentiary hearing. While some are encouraged that the state will revisit the validity of this law, others believe that the caps are an important aspect of tort reform and help control runaway juries.

The Indiana medical malpractice cap was instated in 1975 in order to combat high insurance premiums for doctors and keep physicians in the state. However, many believe that the law is unconstitutional and some believe that the caps harm injury victims and lead to more doctor mistakes.

Boy Crashes Pickup into Car During Farm Work in Central Indiana

Sat, 26 Nov 2011 08:00:00 EST

A Madison County man will likely face charges after allowing a young relative to drive a pickup truck and lying to police about who was driving. The boy, who was helping his father's cousin with farm work, crashed into a sedan and injured two people.

According to the Chicago Tribune, a 12-year-old Anderson boy was behind the wheel of a pickup truck and trailing a relative driving a grain truck when he turned into the path of a car carrying a grandmother and her grandchildren. The driver of the car, 65-year-old Tonya Lucas, and her 10-year-old granddaughter Isabella Krompack both suffered injuries in the crash.

Because the driver of the grain truck, Brian Conrad of Anderson, initially lied to police about who was driving the pickup truck, he will likely face charges of false information, criminal recklessness, neglect, and allowing an unauthorized person to drive his car. The boy, who was shaken by the crash, will not face charges in relation to the Indiana vehicle accident.

Many rural Indiana farmers allow children without valid driver's licenses to operate vehicles and farm machinery, especially during the harvest. Conrad told police that children had often driven between fields in his family farm - but that the practice would stop.

Seven Killed, Four Injured in Indiana Toll Road Semi-Truck Accident

Wed, 23 Nov 2011 08:00:00 EST

Seven people were killed in a two-vehicle accident on the Indiana Toll Road in Elkhart County at the end of October, while four more suffered serious injuries that required hospitalization.

According to Indiana news sources, three different, related Ecuadorian families from Chicago were traveling to a funeral across the country in a minivan when they struck a deer on the Toll Road between Bristol and Middlebury. The driver of the van slowed the vehicle in the right lane of the highway, where it was struck by an 18-wheeler going over 60 miles per hour.

Of the ten people traveling in the van, seven were killed and three were injured. None of the passengers were wearing seatbelts. Among the dead was an infant who police say was restrained in a baby carrier - but that the car seat was not buckled into the car. Of the three surviving van passengers, one has been upgraded to good condition, one is in stable condition, and the third remains in critical condition and is in a coma.

The driver of the tractor-trailer, 24-year-old Jesse Donovan, was transported to Elkhart General Hospital with injuries but has since been released. Drugs and alcohol were not factors in the accident.

The semi-truck accident attorneys at Keller & Keller send their deepest condolences to those involved in the crash and to the people who love them.