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Powers Of Attorney & Health Care Planning

Powers Of Attorney & Health Care Planning

INDIANA ATTORNEYS OFFERING A PERSONAL TOUCH

The Coronavirus is disrupting medical care and our legal process. Goodin Abernathy is using the special powers granted by Governor Holcomb and the Indiana Supreme Court to assist our clients with Health Care Powers of Attorney and General Powers of Attorney documents for our Indiana clients. Since many nursing homes and hospitals prohibit visitors, the Goodin Abernathy LLP lawyers are working around those obstacles. Goodin Abernathy prepares the documents for signature using the phone, internet and text messaging with same-day service.

Online vendors offering boiler plate legal documents typically want consumers to buy subscriptions – but not at Goodin Abernathy. To us, you aren’t a consumer, you’re a client.

If your relative, loved one or friend is sequestered or quarantined, our personal service allows them to stay in place: they do not need to leave their homes or facilities. Goodin Abernathy lawyers will transmit the documents electronically and guide you through obtaining signatures in front of a notary public. Some facilities have notary public services available on site; however, if not, our staff can authorize the signatures under Indiana’s new “remote notary” plan. Using video conferencing, Indiana is allowing notaries the option of electronically witnessing signatures. Indiana’s Supreme Court Order No. 20S-MS-236 allows notaries and other persons qualified to administer an oath in the State of Indiana and swear a witness remotely by audio-video communication technology, provided they can positively identify the witness.

Estate Planning Documents Our GA Lawyers Will Prepare Remotely

Health Care Power of Attorney

If you become incapacitated mentally or physically, this document identifies a person you grant legal authority for making your health care decisions.

Living Will

If you become incapacitated, this document gives your medical care providers, loved ones and appointed Health Care Representative directions about the treatment you want. The Living Will is sometime referred to as an “Advanced Directive” or “Right-to-Die” form. Some people may not want heroic life-saving resuscitation if they are gravely ill.

General Power of Attorney or Durable Power of Attorney

If you become incapacitated, your elected representative assumes authority to make decisions and take financial action on your behalf. This could include signing checks to pay regular bills. It could also mean selling or transferring important property like your home or auto.

At Goodin Abernathy, we strive to provide:

1) Personal service with explanations of the documents you need
2) Set pricing
3) A fast response
4) Coaching for electronically transferring and signing the documents, and
5) Remote Notary service, if needed

Call us now for more information about your specific situation. We look forward to helping you!

Work Injury Claims Against Employer and Third Parties In Indiana

Work Injury Claims Against Employer and Third Parties In Indiana

An injured worker potentially has two legal claims to recover damages. First, they have an Indiana Worker’s Compensation claim against their employer. Second, they may be able to collect from a responsible third-party.

Each state has its own work injury laws. Indiana’s system starts with making a claim through a government agency – the Worker’s Compensation Board. This agency operates very similar to a court. Papers are filed, attorneys are used and hearing members make decisions like judges. This link takes you to the main page for the Indiana Worker’s Compensation Board website. https://www.in.gov/wcb/ Go to the bottom of the page and look for a translation button. You can change it from English to Spanish, if necessary.

Another easy way to learn about Indiana’s worker’s compensation laws is to watch my YouTube videos. Search for Legalmente Hablando Indy or Goodin Abernathy LLP on the YouTube website. Here is an introduction video Jim Browne recorded that covers worker’s compensation. https://www.youtube.com/watch?v=uHV1TB21TZ4  You will learn that work injury claims allow employees to claim these benefits: medical costs, lost wages and a permanent partial impairment rating. The medical costs include charges for an ambulance, hospital, doctors, nurses, physical therapy, medicine, x-rays or MRI’s.

If a treating doctor orders an employee not to work for medical reasons related to the injury, the employer must pay for lost wages or salary. This is called Total Temporary Disability (“TTD”). The worker is paid 66.66% of her regular pay. But tax is not applied to the money. So if the worker usually earns $100.00 per week, then the employer owes $66.66 for each week the employee is unable to work.
Finally, if the injury is serious, the worker may claim a Permanent Partial Impairment. This idea is to compensate workers for physical and work problems they will suffer in the future. The State of Indiana created a list of dollar values for these injuries that limit a worker’s recovery. I can usually help improve the financial recovery for my clients.

Indiana requires employers to carry worker’s compensation insurance. If a worker is injured on the job, the employer’s insurance will cover these costs. If the employer does not have insurance, the law allows the injured worker to make claims against the contractor who hired the employer for the job. Frequently I help clients step up the ladder and find insurance to collect from.

If a person or company, other than the employer or a co-worker, causes a worker injury, then we can make a “third-party” claim for negligence. Negligence law is different from the worker’s compensation claim. Those cases are opened in a typical court with judges. A big difference between the two cases involves damages for pain and suffering. An injured worker can claim damage for pain and suffering in a negligence claim – but not in an Indiana Worker’s Compensation claim.

We are experienced handling various types of third-party negligence claims. Sometimes they are against construction companies where the general contractor has a legal, contractual duty to provide safety for workers on the job. We have handled claims where workers for other companies cause an accident. For instance, an electrician was on a scissor lift. A plumber drove a fork lift over the lift’s electric cord, pulled the it over and caused our client to fall 20 feet. Or, we have clients who were driving a vehicle for their job when another car caused them a wreck.

Remember, insurance companies are in business to make money- not pay it out. They are professional and know the law. That is why you should call me for legal advice. I give free consultations to review these cases with clients. I explain the law for your specific evidence and describe how I charge for my service. You will meet with me in person, speak Spanish and review the case. My staff speaks Spanish and knows about these cases Don’t wait – contact us now!

I Was Injured In A Car Accident. Should I Hire An Attorney?

I Was Injured In A Car Accident. Should I Hire An Attorney?

Victims of car accidents suffer a significant amount of trauma. Aside from the physical and mental impact left by the crash, they are responsible for dealing with the intricate motions of a post-accident insurance claim.

Given the complexity of this procedure, car accident victims tend to be at a loss regarding the best way to go about filing their claim. Many make the mistake of giving their insurance companies their full trust in fighting for their legal rights. Unfortunately, in cases like these, insurance companies place their own interests above the victim’s.

For that reason, if you’ve sustained personal injury from a car accident in Indiana, working with a skilled attorney is your best bet in getting the compensation you’re entitled to receive.

Statistics on Vehicle Collisions in Indiana

The number of annual car accidents in Indiana is staggering. The Indiana University Public Policy Institute reports a total of 219,112 collisions in 2017. These incidents lead to 911 deaths and 50,042 injuries.

The majority of these collisions were caused by impaired driving, distracted driving, aggressive driving and speeding. With such high odds of getting into a car accident, you owe it to yourself to be well-prepared should the worst-case scenario arise.

How Can an Indiana Personal Injury Attorney Help?

Following the shock of an accident — especially one that has left you with injuries — you need all the help you can get. By working with the right attorney, you’ll have an ally on your team who will help you defend your right to treatment and compensation.

It’s important to note that your insurance company is not your ally in this case. It’s in their best interests to relay the bare minimum payment in order to cover what they’ve determined to be your losses.

During their investigation following the collision, insurance companies will work to reduce their financial responsibilities as much as possible. Their motives are understandable, since their goals ultimately orient toward making a profit. However, this leaves car accident victims in a vulnerable position — especially if they don’t have anyone to represent them.

When to Contact Your Personal Injury Attorney

It’s important to initiate discussions with your attorney as soon as possible following the incident. In all cases, it’s best to do so before contacting your insurance company, as this will ensure your protection during the initial stages of the investigation.

Insurance companies will prey on any potential for negligence that they find in their investigation. They know that a victim is in an emotionally fragile state immediately following the incident. They also understand that your attention will mostly be spent on recovery and loss prevention.

If you lack the counsel of an attorney, it’s likely that you’ll be unfamiliar with your legal rights under formal recourse. Representing yourself in this case will only increase the risk of having your losses undervalued in court.

On the other hand, having a personal injury attorney as a partner throughout this struggle gives you access to their knowledge and experience. You’ll benefit from their network of physicians and personal loss experts. These sources will help your team arrive at the legitimate value of losses that you’ve sustained.

Personal injury attorneys know the process inside and out, and they work to help you receive what you’re entitled to.

Understanding Your Legal Rights

If you’ve sustained a personal injury from a car accident, the compensation you deserve might extend beyond medical coverage.

Depending on the severity of the incident, you might be entitled to the full recovery of lost wages caused by your injury. You’ll also be able to claim physical and emotional distress as part of your case. If family members are made to suffer by the lack of your companionship during recovery, they might also be deserving of compensation.

In cases where the insurance company seeks to settle out of court, it’s important that you operate with a full understanding of the value that you’re entitled to. In this case, your personal injury attorney will be able to assess the offer and negotiate on your behalf.

Working With a Personal Injury Attorney is Your Safest Bet

It’s possible to represent yourself in a case where you’ve sustained a personal injury from a car accident. However, unless you’re operating with a full understanding of Indiana car accident law — which requires years of study and experience — you risk missing out on significant compensation that you might be entitled to.

That’s why it’s best to hire a personal injury attorney. By doing so, you’ll benefit from their vast knowledge and expertise in navigating through the intricacies of your case.

Working together with an attorney will greatly increase your chance of being compensated for the full extent of your losses.

Should I Allow Vaping In My Rental Units?

Should I Allow Vaping In My Rental Units?

Most landlords and owners do not allow smoking in their rental units – and for good reason: the smell remains in the house long after the tenants move out; the tar and smoke buildup on walls, carpets, and ceiling; and it increases the risk of accidental fire to your rental home.

 

But what about vaping and e-cigarettes? Should you allow their use in your rental? Recent polls indicate 10% of U.S. adults and 15% of U.S. adults under the age of 40 use e-cigarettes. This equates to millions of users throughout the country, so allowing the use of e-cigarettes might spark more interest in your rental properties from that growing population.

Risks of Vaping and E-Cigarettes to Your Rentals

Before you sign up those vaping tenants, you should be aware of the risks of vaping and e-cigarettes to your rentals.

http://time.com/3915957/e-cigarettes-vaping-health-tobacco-addiction/ (hyperlink 10% of U.S. adults with this).

That Chain-Smoker Perfume

Just like traditional cigarettes, cigars, and pipes, e-cigarettes do produce emissions that leave behind a residue that can build up on walls, ceilings, and in vents over time. The vapors from e-cigarettes are significantly cleaner than those from traditional cigarettes, but it will still leave an oily residue with repeated and long-term use. While the stench and deep staining of nicotine are not as prevalent with e-cigarettes, it is likely there will be extra cleaning costs upon your vaping tenant’s move-out.

Fire Hazards

While e-cigarettes have a significantly smaller chance of burning down your unit than falling asleep on the couch with a lit cigarette, the danger is still real. In July 2017, FEMA issued a report that 195 separate incidents of explosion and fire were reported involving e-cigarettes in the preceding 8 years. Many of these explosions occurred when the e-cigarette was being charged. Often this charging is done when tenants are asleep and not in a position to realize the danger before significant damage is done to your unit.

https://www.usfa.fema.gov/downloads/pdf/publications/electronic_cigarettes.pdf (hyperlink FEMA with this).

What to Do?

Ultimately it will be up to each landlord to allow or exclude the use of e-cigarettes in its properties. However, whatever you decide, you need to be sure your lease is updated to address e-cigarettes and vaping, and to ensure your tenants are aware of the rules regarding vaping and smoking before you rent to them.

Age Discrimination in the Workplace: A Growing Trend for Baby Boomers

Age Discrimination in the Workplace: A Growing Trend for Baby Boomers

In the next five years, approximately 25% of our workforce will be 55 years or older. For some people like Bruce Arians, a former Colts NFL football coach, jobs are still opening up (see recent news article here). But how are things going for the rest of our older workers? Are you an older professional that was just fired or handed a severance package?

Demographics show a large portion of the Baby Boomer generation is still working. Whether its because they need to work or because they want to work, many 50+ year olds are not retiring. Theoretically, our federal law protects employment discrimination against workers 40 years of age and older. The law is known as the Age Discrimination in Employment Act, or the “ADEA”. But not all employers follow the law, and it’s much tougher for older workers to find new jobs – let alone financially recover from an unexpected severance.

In Indianapolis, our attorneys see this scenario commonly unfold in the medical industry. Goodin Abernathy LLP attorneys are experienced with pharmaceutical and medical device representatives suddenly facing a “forced retirement.” Typical scenarios show the experienced reps are asked to train new, younger sales people. The trainees tag along, meet the customers and learn the ropes. Then, if they aren’t fired, the older rep’s territory just gets split up. Part of the territory is assigned to the younger worker, while the older rep’s compensation package does not change. This means the experienced worker just trained themselves into a pay cut. You can imagine what happens after a little more time when the younger worker learns the ropes: they’re handed both territories and the older worker is shown the door.

Other times the older, experienced worker gets pushed out or “harassed out” of their position. Their younger managers start building flimsy records of statistical violations. They say the older worker isn’t making enough sales calls; is not attending enough meetings; fails to use the company’s technology correctly, etc.

Behind the scenes, the company’s strategy is simple: replace the higher paid, experienced worker with cheaper labor offered by young workers. The older workers – who devoted their careers to improving the company’s interests – get cut loose by new or younger managers trying to make their own numbers look better.

Another typical scheme involves luring away experienced, older workers from competitors. After the older worker shares her book of business and discloses other proprietary information, the new company abruptly lets them go. The new company just wanted the work intel for its younger reps and never really planned to keep the new, older hire on board.

When companies plug younger workers into jobs and push out 40+ year old workers, the experienced workers should contact our Goodin Abernathy LLP attorneys for an ADEA evaluation.

Contact Goodin Abernathy LLP, and we will tell you how to look for signs of illegal ageism or age discrimination. Consult us and we will explain the legal process for an ADEA or EEOC claim with an eye towards enforcing your legal rights.