The holiday season is a time for celebrations, family gatherings, and travel. Unfortunately, it’s also a period marked by a significant increase in DUI (Driving Under the Influence) incidents. When these incidents occur, they often lead to serious consequences, including accidents that result in personal injuries or fatalities. Understanding tort law and its role in DUI-related cases can shed light on the legal options available to victims and emphasize the importance of responsible driving during the holidays.
What Is Tort Law?
Tort law is a critical part of the legal system that deals with civil wrongs. Unlike criminal law, which focuses on punishing offenders, tort law enables victims to seek compensation for damages caused by another party’s negligence or misconduct. Common examples of tort cases include car accidents, slips and falls, medical malpractice, and product liability.
In the context of DUI incidents, tort law becomes particularly relevant. When a person chooses to operate a vehicle under the influence of alcohol or drugs, they breach their duty of care to other drivers, passengers, and pedestrians. If this breach results in an accident, tort law allows the victims to pursue compensation for their injuries, medical expenses, lost wages, and other damages.
The Holiday Spike in DUI Incidents
Statistics from organizations such as the National Highway Traffic Safety Administration (NHTSA) reveal a troubling trend: DUI incidents spike significantly during the holiday season. For instance, during the December holiday period, an average of 25% of all traffic-related deaths involve a driver with a blood alcohol concentration (BAC) above the legal limit. The periods around Thanksgiving, Christmas, and New Year’s Eve are particularly dangerous for road travel.
The reasons for this increase are multifaceted —
– Increased Social Gatherings: More parties and events often mean more opportunities for individuals to consume alcohol.
– Holiday Travel: With more people on the roads traveling to visit friends and family, the chances of encountering impaired drivers rise.
– Celebratory Culture: The holiday season is synonymous with celebrating, which often includes alcohol consumption. Some individuals may overestimate their ability to drive safely after drinking.
Tort Law’s Role in DUI-Related Cases
When a DUI-related accident occurs, tort law provides a pathway for victims to seek justice and financial recovery. In a personal injury lawsuit stemming from a DUI incident, the victim (plaintiff) must prove the following:
– Duty of Care: The defendant (the person driving under the influence) owed a duty of care to operate their vehicle safely.
– Breach of Duty: The defendant breached this duty by choosing to drive while impaired.
– Causation: The defendant’s actions directly caused the accident and the plaintiff’s injuries.
– Damages: The plaintiff suffered actual damages, such as medical expenses, pain and suffering, and lost income.
When successfully proven, the plaintiff may be awarded compensation for these damages, aiding their recovery process and ensuring that justice is served.
Legal Consequences for DUI Offenders
DUI offenders face both criminal and civil repercussions. Criminal penalties may include fines, license suspension, community service, and jail time. While these consequences are severe, they are separate from civil claims brought under tort law. A criminal conviction, although not necessary for a successful civil case, can strengthen the plaintiff’s claim by affirming the defendant’s negligence.
For victims of DUI-related accidents, understanding the distinction between criminal proceedings and civil tort lawsuits is essential. While a criminal case seeks to penalize the defendant, a civil case is intended to compensate the victim for their suffering and losses.
Protecting Yourself During the Holiday Season
Reducing the risk of DUI incidents and ensuring your safety during the holidays involves a few practical steps
– Plan Ahead: If you plan to drink, arrange for a designated driver, use ride-sharing services, or take public transportation.
– Stay Alert: Watch for signs of impaired drivers, such as swerving, erratic speeds, or delayed reactions at traffic signals.
– Host Responsibly: If you’re hosting a holiday event, offer non-alcoholic beverages and encourage guests to make safe travel arrangements.
If you find yourself involved in an accident with a suspected impaired driver, there are critical steps to take:
1. Ensure Safety First: Check for injuries and call emergency services.
2. Document the Scene: Take photos and gather witness information, if possible.
3. Cooperate with Law Enforcement: Provide factual information but avoid speculating or making assumptions.
4. Seek Medical Attention: Even if injuries appear minor, it’s important to be evaluated by a medical professional.
5. Consult Legal Counsel: Contacting an attorney experienced in tort and personal injury law will help you understand your rights and build a strong case.
Seeking Legal Assistance
Navigating the legal aftermath of a DUI-related accident can be challenging. Having an experienced attorney by your side ensures that you receive the support needed to file a claim and maximize your compensation. At Goodin Abernathy LLP, we understand the complexities of tort law and are dedicated to advocating for victims’ rights. Our team is well-versed in handling DUI and personal injury cases, offering the expertise necessary to guide you through every step of the legal process.
The holiday season should be a time of joy and celebration, not tragedy. Understanding how tort law intersects with DUI cases highlights the importance of driving responsibly and the serious consequences that come with impaired driving. If you or a loved one has been affected by a DUI-related accident, reach out to Goodin Abernathy LLP. We’re committed to helping you achieve the justice and compensation you deserve.
Losing a job is tough, but what if it happens unfairly? In Indiana, like many places, employment law is complex, and understanding your rights is essential. Let’s take a deep dive into what constitutes wrongful termination in the Hoosier State.
The At-Will Conundrum
Indiana follows the doctrine of at-will employment, which means employers can generally terminate employees at any time, for any reason, or for no reason at all, barring any illegal motives. This setup might seem unfair, but it’s the standard in many states, including Indiana.
Discrimination: A Red Flag
One of the most significant exceptions to at-will employment is discrimination. It’s illegal for employers to fire someone based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. If you suspect discrimination played a role in your termination, it’s crucial to seek legal advice promptly.
Retaliation: A Clash of Rights
Retaliation is another big no-no in Indiana. If you’ve exercised a legal right—such as filing a complaint about workplace harassment or reporting illegal activity—and faced termination as a result, that’s illegal. Employees have the right to speak up without fear of losing their jobs in retaliation.
Contractual Obligations
Employment contracts aren’t as rare as you might think. Even if yours wasn’t written down, it might still be binding. If you and your employer agreed to specific terms—like job security or a set termination process—deviating from those terms could constitute wrongful termination.
Upholding Public Policy
Indiana recognizes the public policy exception to at-will employment. In simple terms, employers can’t fire you for reasons that go against what’s fair or just for society as a whole. For example, if you were terminated for refusing to engage in illegal activities at work, that could be wrongful termination.
Navigating the Legal Maze
If you believe you’ve been wrongfully terminated, navigating the legal process can be daunting. But you don’t have to go it alone. There are attorneys and organizations in Indiana dedicated to helping employees understand their rights and seek justice.
Wrapping Up
Losing a job is never easy, but losing it unfairly can be devastating. In Indiana, while at-will employment is the norm, there are crucial exceptions that protect employees from wrongful termination. Discrimination, retaliation, breach of contract, and violation of public policy are all red flags that warrant further investigation.
Understanding your rights is the first step towards protecting yourself in the workplace. If you believe you’ve been wrongfully terminated, don’t hesitate to reach out for help. Together, we can work toward fostering fair and just employment practices in the Hoosier State.
Construction sites present active and dangerous areas. Attorney Jim Browne and Goodin Abernathy LLP help injured construction workers prosecute their Indiana injury claims. These cases are typically known as Indiana Workers Compensation claims. Our experienced legal team offers Spanish-speaking service and customized care for each of our clients. If you or a co-worker were injured on a construction site, contact us for a free legal consultation with attorney Browne in Spanish. Your immigration status does not prevent you from making a legal claim in Indiana.
Indiana allows an injured employee to make a civil claim for benefits against their employer after suffering a construction site injury. If you were hurt in the course of your job, you can make a claim no matter how it happened – even if you did something to cause the injury. This claim is controlled by Indiana’s Worker’s Compensation law. Indiana Workers Compensation laws requires employers to offer injured workers with set benefits like medical treatment, payments for time off work and the value of your permanent physical impairment. The insurance companies that defend employers and pay the benefits are trained to save money. You should have an experienced attorney at your side, fighting for the maximum value of your claim. We do not charge a legal fee to represent you unless we collect money for your case. This is called a contingency fee where our legal team charges a percentage of the amount of money we win for your case. Our fees are explained in English and Spanish with written agreements you review with the attorney.
Importantly, Goodin Abernathy also investigates whether you are eligible for making a negligence claim against another responsible party, like a construction manager or general contractor. The law and damages in a negligence case are different than a Workers Compensation claim and you need an experienced litigator for help. Our legal team uses experts, investigates reports and handles the legal research required to make a construction accident negligence claim.
Examples of Indiana Worker’s Compensation and Negligence Cases
CONSTRUCTION –WORKERS COMPENSATION
Juan works for a masonry contractor named Block Inc. While at the Block Inc. offices, he is loading bricks when he falls out of a truck and breaks his ankle. Because he was injured at work and while doing his job, Juan has an Indiana Worker’s compensation claim. The employer owes him medical treatment and payments for time he misses from work. When the doctors say Juan is finished with medical treatment but has a permanent physical restriction, the employer needs to pay him money for the impairment. Juan does not have negligence case because no other person, company or equipment was involved with the accident.
CONSTRUCTION – NEGLIGENCE AND WORKERS COMPENSATION
Juan’s masonry company Block Inc. is working at a new hotel project owned by Hotel Inc. Hotel Inc. hired All Service LLC to be the general contractor. The job of All Service LLC is to hire, contractors and organize the construction job. While Juan is at the construction site, he climbs up on a scaffold to build a wall. On the ground, a carpenter that works for Woodworks Inc. is driving a forklift and accidentally hits the scaffolding. This causes Juan to fall off and suffer an injury. 1) Juan does have a worker’s compensation claim against his Block Inc., his employer. 2) Juan has a negligence claim against Woodworks Inc. for causing his damages. 3) Juan may also have a negligence claim for his damages against the general contractor that was obligated to manage safety and traffic at the construction site.
CONSTRUCTION INJURY- MACHINE MALFUNCTION
Hector is using a new air pistol to drive nails on a framing project in Indiana. The tool explodes from too much air pressure and injures Hector’s hand. Hector has a workers compensation claim against his employer. He may also have a negligence claim against the air pistol manufacturer for a faulty design. This claim depends on the age of the tool, identifying the manufacturer of the tool and evidence it was designed or made negligently. Hector needs the support of Goodin Abernathy to investigate the tool company. Attorney Browne might need to use experts that examine and explain why the tool was negligently made and caused the injury.
STAFFING AGENCY
Maria works for USA Staffing LLC. The staffing company pays her to do work at different companies. USA Staffing LLC assigns her to AAA Factory where she works on a production line. Maria turns to pick up a package off the floor and feels a pop in her back. Though she was injured at the AAA Factory, Maria has a workers compensation claim against USA Staffing LLC for her injury.
EMPLOYER – NO INSURANCE
Marco is a painter who works for a guy named Arnold. Arnold gets jobs from a painting company and pays Marco cash to do the work. Marco falls off a ladder and breaks his arm but discovers Arnold does not have insurance. When employers do not have insurance, the law allows workers to make claims against the contractors or property owners that hired their boss. Attorney Browne helps Marco identify two other potential defendants that might owe him for the same benefits that Arnold owes him.
INJURY IN ANOTHER STATE
German lives in Indiana. He works for a demolition business in Indiana called Demo Inc. that is also located in Indiana. German lives in Indiana and they do most of their work in Indiana. Demo Inc. gets a job in the state of Ohio and takes its crew there. While at the project site in Ohio, a wall falls onto German and injures him. German has a workers compensation claim and can decide whether to make it in the state of Indiana or Ohio. German consults with attorney Browne to learn and choose which state law he wishes to use for making the claim.
Goodin Abernathy offers free, relaxed consultations with attorney Browne. He and his team speak Spanish and understand your needs. You, your family and friends are invited to attend the consultation and learn about the law controlling your injury claim. We take the time to listen and answer your questions.
It is important to contact us immediately before evidence disappears and the insurance company starts telling you what they are going to do with your claim. Let us help you with a legal evaluation, make decisions and tell the insurance company we are representing you. Call us at 317-843-2606 and schedule your appointment today.
The Goodin Abernathy LLP law firm and attorney Jim Browne supports small Hispanic businesses like painters, cleaners, construction and landscaping providers. Attorney Jim Browne often sees payment and collection problems where our clients are owed a lot of money for labor and materials. Unfortunately, many of our clients are discriminated against because of their Latino heritage. First, review problems most of our clients encounter when trying to collect for work they performed. Then let’s review how better business planning avoids the same problems for a lot less money!
No Written Contract – It’s OK, You Still Have A Claim
You may take legal action to collect if you do not have a written contract. Many of my clients trust contractors and people, providing services without a written contract. When their customer does not pay, then my clients wonder whether the lack of a written contract prevents them from legal collections. Your Goodin Abernathy legal team builds a claim using evidence surrounding your business relationship and the actual work performed. This allows us to explain the jurisdiction and legal process available to make your claim.
Undocumented Labor – It’s OK, You Still Have A Claim
Many Latino employers have undocumented workers on their crew. Often the employers are unaware the workers are undocumented. But it does not matter, the law allows you to make legal claim for collections. A strategy contractors or homeowners typically use when trying to avoid payment is threatening to call immigration enforcement. Too often this scares the Hispanic business and is an effective strategy. But legally it is wrong and Goodin Abernathy will get you past that false strategy to collect your money.
Payment Promises – Falling Deeper Into Debt
Small businesses take risks and decide whether to continue working after payment promises. The contractor makes a partial payment and promises our clients they will get caught up if work continues. The reality is, the contractor does not have the money or spends it on other things and leave my client unpaid. We see this pull our clients into debt where they owe their own crews tens of thousands of dollars! If you agree to continue working, only do it once. Do not allow your customer to pull you down, deeper into debt. Contact attorney Browne right away and let him negotiate the payment and pressure the customer to get your paid or get sued. If you want to keep them for a customer, they will respond positively.
Collection Efforts – Superior or Small Claims Courts and Mechanics Liens
Depending on the amount owed, you may decide which court system to use for legal help. If your claim is for $10,000.00 or less, you may be eligible for using a small claims court. These courts use different rules that make it easier for people to bring cases without using attorneys. Each Indiana county has different small claims court rules. For instance, Marion County (Indianapolis) Indiana requires businesses to use attorneys even if the claim is in small claims court.
If your claim is for more than $10,000.00, then you must file in Superior Court and this requires attorney representation. Our legal team is experienced and aggressive with these collection cases. Our legal fees vary from case to case but one things always remain the same about our approach: we win if you win – we lose if you lose and we don’t play to lose.
A powerful recovery tool is using a mechanic’s lien. Placing a lien on the property where you did the work provides you strong legal leverage to push your collection interests. Various factors affect whether you can file a lien and important legal considerations apply. Contact us right away because time limits apply!
Business Planning – Do It Right From The Start And Avoid Collection Problems
Our Latino clients are exceptionally skilled and hardworking people. They are dependable, respectful, economical and fast workers. Unfortunately, they work much better than they plan and manage a business. If you want a part time side job, then it’s OK to run it without contracts or accounting. That’s the type of work you can track on a napkin.
If you want to develop a business your family depends on – where you collect for the work you perform and grow wealth- then you need to spend the time and money organizing it. Too many Hispanic businesses avoid using an attorney for business consulting because they want to save some money and think they can handle it themselves. A year or two later, they land in a problem costing them multiple times more money than if they hired an attorney and paid a little to do it right in the first place.
You can engage the Goodin Abernathy legal team for business consulting and choose between a variety of service levels. Start with a general consultation to review your business and learn what attorney Browne recommends you establish and implement with your business model. Then decide if you want to Goodin Abernathy to prepare business forms like contracts and invoices that are special to your business. Talk about how your business will track its accounting and avoid any financial problems raised by your customers. Learn how the government wants you to organize a business, whether your immigration is documented or not. Consider using bank accounts for your business and reporting taxes that qualifies you to work for new and bigger customers.
Latino contractors should focus on the work they do best. Use professional help to manage business activity, avoid collection problems and run a successful business. The Goodin Abernathy team sees all sort of business problems and can identify where your business is most vulnerable. Our help is quick, easy and economical – especially considering the costs of falling into collections problems! Call us today for immediate support – (317) 843-2606.
Finally, after years of remaining at the same level, the Indiana Worker’s Compensation Board and State of Indiana increased the financial recovery rates an injured worker can claim for their case. www.in.gov/wcb/files/PPIandTTD-benefits2023_1.3_.pdf For injuries that occur on or after July 1, 2023, an injured worker may recover more money for their PPI and TTD benefits. The schedule used by the state increases annually over the next four years. Understanding these rate tables can be complicated. Since every dollar for your work injury case is precious, you should contact Goodin Abernathy for legal help.
Worker’s Compensation Laws
Employees hurt on the job in Indiana are protected by Indiana’s Worker’s Compensation laws. Attorney Jim Browne and Goodin Abernathy regularly help our Hispanic clients navigate the legal process to protect their rights and fight for more benefits. This article highlights main points of the Indiana Worker’s Compensation process.
Each state uses different laws for their worker’s compensation (“work comp”) claims. In Indiana, a work injury is considered a civil law claim. It does not involve criminal or immigration law issues. Something a little different about work comp claims is an agency handles the legal process – not a court of law. The Indiana Worker’s Compensation Board is the agency that tracks and handles these cases. You can learn more about the Board at this website https://www.in.gov/wcb/
An important part about Indiana’s work comp law is that an employer cannot defend a case based on liability or fault. Unlike an auto accident or other typical type of injury claim, it does not matter whether an employee was negligent and did something to cause the accident. As long as the employee was not intoxicated or intended to hurt themself, Indiana requires the employer to offer benefits.
Unfortunately, we often hear that employers threaten immigration reporting or similar problems when their employees are injured. You should not be afraid of immigration issues. Indiana’s work comp law allows any worker to make a claim. Your immigration status does not affect your legal rights and does not involve notifying the U.S. Immigration Customs and Enforcement (“ICE”) agency. Hispanic workers should not be concerned about immigration problems and notify their employer or supervisor immediately if injured on the job. Make sure to report your injury right away because waiting to do so may allow the employer to dispute responsibility.
Preliminarily, a couple legal issues we see affecting work comp claims involve whether the worker was an employee and whether the employer has insurance coverage. Determining whether an injured worker is an employee or independent contractor can be a complicated legal question. Since Indiana law does not require employers to offer independent contractors work comp benefits, let’s review some basic differences between employees and independent contractors.
Signs That Show A Worker Is An Employee
The worker is paid with a company check
Taxes are taken out of their pay checks
Worker does not work at other jobs
Worker does not have her/his own business
Worker uses the employer’s equipment
Worker regularly visits the employer’s place of business
Works the hours and schedule the employer chooses
An Independent Contractor Is Usually Identified When These Circumstances Apply
The worker has her / his own company
They work for various other companies
They do not work for the employer full time
They receive a 1099 tax form from the employer
They do not have taxes withheld from their payments
They use their own vehicles and equipment to perform the work
Worker’s compensation insurance coverage is an important part of the claim. Without insurance coverage, employers usually cannot pay the benefits they owe their injured employees. Many employers are small companies or individuals and choose not to pay for insurance. This is an important reason why you should ask if your employer has worker’s compensation insurance. A legal option that sometimes helps injured workers in these situations is if your employer is performing work for another company or contractor. Typical examples of this arrangement are found in construction and staffing agency arrangements. Indiana’s work comp law allows us to take one step up and make a claim for benefits from the general contractor or staffing agency if the primary employer does not carry insurance.
When an employee is injured on the job, Indiana law requires the employer to offer various benefits. The first and probably most important benefit is for medical treatment. If you visit the doctors, therapists and medical providers the employers offer, they must pay for all your costs. You are not responsible for deductible payments. You are not required to use your own health insurance or take FMLA time. Since your health and well-being are your primary concerns, you may seek medical treatment immediately after your work accident. If your employer or the insurance company deny you treatment, then you should seek legal help immediately. The attorneys at Goodin Abernathy understand the process and will explain your rights.
When a doctor or medical expert says you cannot work due to your injuries, you may claim Temporary Total Disability (“TTD”) payments. Indiana’s work comp law requires employers to pay two – thirds (66.66%) of your regular income while you cannot work. These TTD payments are not reduced for income tax or other typical withholdings. Before the payments start, the doctor must determine that you miss more than seven (7) consecutive days of work. If you miss thirty (30) consecutive days or more, than the employer must go back and pay you for the first 7 days of work that you missed. Sometimes, workers do not miss time off work immediately after their injury. But later, they require surgery or start treatment that keeps them off work. The TTD rules also apply to these subsequent periods of missed work.
When the employer or its insurance company determine that certain benefits should finish, they are required to send you a Termination of Benefits form. The form looks like this www.in.gov/wcb/files/Blank-38911.pdf If you dispute that benefits should stop, it is important to respond to these within seven days of receiving the form. If you fail to respond, then technically the employer may stop sending you the TTD benefits.
The final type of benefits owed to an injured employee involves the Permanent Partial Impairment (“PPI”) value of your injury. Basically, this benefit pays the employee for the future impairment they will suffer from the injury. That is, how will the injury interfere with their work and ability to earn income in the future. Calculating this benefit is complicated. For instance, the doctors and work comp Board uses the AMA Guidelines for reference. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview. To understand it best, you should contact our Legalmente Hablando Indy team for representation. We will examine the medical records, show you how the government calculates the benefits and describe your legal options for maximizing recovery of PPI benefits.
Indiana law controls how attorneys charge for legal services in work comp claims. All attorneys in the state charge the same percentages for contingency fees. Since we charge a contingency fee, that means we collect our fees only when we win and you get paid money for your claim. If we do not collect money, then you do not pay. Our legal fee agreements are explained in both Spanish and English.
If you or a loved one are injured in a workplace accident, contact the Goodin Abernathy legal team. We handle death claims, amputations, orthopedic surgeries, electrocution, burns, explosions, head /brain injuries, spinal column fractures and broken bones. You will find we care about our clients and patiently explain the legal process. Count on us to aggressively represent your claim. Contact us today.
