Are Indiana Non-Competes Still Enforceable in 2025?
Non-compete agreements have long been a point of tension between employers wanting to protect their business and employees wanting the freedom to advance their careers. In 2025, the landscape is shifting quickly. With federal regulators pushing back on non-competes and Indiana courts scrutinizing their enforceability, both employers and employees should know where things stand.
The National Landscape
The Federal Trade Commission (FTC) recently proposed rules that would severely restrict non-compete agreements nationwide. While these rules face legal challenges, they signal a clear trend: non-competes are under attack. Employers who rely on them should review their contracts now.
Indiana Law on Non-Competes
In Indiana, courts traditionally enforce non-compete agreements only if they are:
Reasonable in scope. The restriction must be limited in time and geography.
Protecting a legitimate interest. This might include safeguarding confidential information or customer goodwill.
Not overly restrictive. The agreement cannot prevent an employee from earning a living in their field.
For example, an Indiana court may uphold a one-year restriction preventing a salesperson from contacting former clients in a small region but strike down a three-year statewide ban on working in the industry.
Risks for Employers
If your agreements are too broad, they may not survive a legal challenge. Indiana judges are reluctant to rewrite contracts to make them fairer — instead, they may throw the agreement out entirely. Employers should consider whether less restrictive agreements, such as confidentiality or non-solicitation agreements, might be more effective.
Rights for Employees
If you’re asked to sign a non-compete:
Review it carefully before signing. You may be able to negotiate narrower terms.
Don’t assume it’s automatically enforceable. Courts look at each agreement individually.
If you’re leaving a job and worried about restrictions, seek legal advice before making your next move.
The Bigger Picture
Indiana workers are in high demand, and restrictive covenants can limit mobility. Employers still have tools to protect their businesses, but they must be careful not to overreach.
Conclusion
Non-compete law is evolving quickly in Indiana and across the country. At Goodin Abernathy, I help employers draft enforceable agreements and employees defend their rights when restrictions go too far. If you’re facing questions about a non-compete, now is the time to get clarity before it becomes a costly dispute.
If you have additional questions or concerns, please call us or complete this form to request a free consultation.
What Indiana Employers and Employees Should Know About AI in 2025
Artificial intelligence (AI) has transformed how employers recruit and hire. In 2025, many Indiana companies now use AI-driven tools to screen résumés, conduct automated interviews, and even assess personality traits. These systems promise efficiency and objectivity, but they also create legal risks for employers and raise fairness concerns for job seekers.
Why AI in Hiring Matters
Employers often turn to AI to handle large applicant pools. A program can scan hundreds of résumés in seconds, flag keywords, and generate rankings. Automated video interviews can measure tone, facial expressions, and word choice. While convenient, these methods may unintentionally disadvantage certain groups of applicants.
Recent guidance from the Equal Employment Opportunity Commission (EEOC) warns that AI systems must still comply with federal anti-discrimination laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). Indiana courts are expected to follow suit as disputes arise.
Risks for Employers
Employers using AI need to understand:
Bias and disparate impact. If an AI tool disproportionately screens out older workers, applicants with disabilities, or members of a particular race or gender, that could lead to a lawsuit.
Failure to accommodate. Applicants with disabilities may need alternative application methods. Refusing to offer accommodations can create liability.
Over-reliance on technology. Courts will scrutinize decisions made solely by algorithms without meaningful human oversight.
Guidance for Employers
Indiana businesses can reduce risk by:
Auditing AI tools. Regularly test whether hiring software produces biased outcomes.
Maintaining human review. Use AI to assist, not replace, human decision-makers.
Updating policies. Clearly state nondiscrimination and accommodation practices in hiring policies.
Training staff. Ensure HR teams understand the strengths and limits of AI tools.
Rights for Job Seekers
Applicants in Indiana should be aware:
If you believe you were unfairly rejected by an automated system, you may request accommodations or challenge the process.
Keep records of application steps, communications, and unusual rejections.
Consulting with an employment attorney can clarify whether you have a discrimination claim.
Closing Thoughts
AI can improve efficiency, but it doesn’t eliminate an employer’s responsibility to ensure fairness. Indiana workers deserve equal access to job opportunities, and employers need to use these tools carefully. At Goodin Abernathy LLP, I work with both employers and employees to navigate the legal challenges of AI in hiring. If you have concerns about how AI impacted your hiring process, don’t hesitate to reach out.
If you have additional questions or concerns, please call us or complete this form to request a free consultation.
Major Shifts Coming: Navigating the Shift of Indiana’s New Property Tax Landscape
Indiana homeowners and real estate investors are preparing for significant changes as new property tax laws take effect in 2026. The Indiana Legislature passed comprehensive reforms aimed at providing relief for taxpayers, but these changes also introduce new complexities for property owners and businesses.
Whether you own your home or manage a portfolio of investment properties, understanding these updates is crucial for planning your finances and protecting your assets.
Here is a breakdown of what you need to know about the upcoming changes.
Property Tax Credits for Homeowners
One of the most notable changes coming in 2026 is a new property tax credit for all Indiana homeowners. Starting next year, you will automatically receive a credit equal to 10% of your property tax bill, up to a maximum of $300 annually. This is designed to provide immediate relief for homeowners.
Additionally, the state is phasing in an increase to the supplemental homestead deduction. This deduction reduces the assessed value of your home, ultimately lowering your tax bill. By 2031, the deduction will grow significantly, providing even greater long-term savings for homeowners.
Key Changes for Businesses and Investors
For real estate investors and business owners, the reforms bring about important adjustments to business personal property taxes:
Increased Exemption Threshold:
The exemption threshold for business personal property tax is increasing dramatically. Historically, businesses with assets valued at $80,000 or less were exempt. Beginning with the 2026 assessment date, this threshold jumps to $2 million. This change aims to significantly reduce the tax burden for many small and medium-sized businesses.
Elimination of the 30% Depreciation Floor:
Under prior law, the assessed value of business personal property couldn’t fall below 30% of its original cost. The new law eliminates this “30% floor” for assets placed in service after January 1, 2025. This allows businesses to depreciate equipment more fully, leading to lower property tax bills, though this change has a caveat for properties within certain Tax Increment Financing (TIF) districts.
New Deduction for 2% Cap Properties:
Properties in the 2% tax cap category (which includes rental homes and some other residential properties) will now be eligible for a new deduction beginning in 2026. This deduction starts at 6% of the assessed value and increases annually until 2031.
The Bigger Picture: Potential Revenue Shifts
While these reforms offer clear benefits for taxpayers, it’s important to remember that property taxes fund local government services. To address potential revenue shortfalls for cities and counties, the new laws also allow local governments to potentially increase local income taxes.
The long-term impact of these shifts remains to be seen. While you may see savings on your property taxes, it’s possible that some of these savings could be balanced by rising local income taxes.
Navigating the Changes
The new property tax landscape in Indiana is complex, and the specific impact on your property will depend on your individual circumstances.
Understanding these changes is vital for effective financial planning, whether you are a homeowner or a commercial real estate investor. If you have questions about how these changes affect your residential or commercial real estate purchases, or if you need help navigating the complexities of real estate transactions in Indiana, our team is here to assist you.
In 2024, Indiana lawmakers passed a controversial piece of legislation—Senate Enrolled Act 202 (SEA 202)—that directly affects the tenure process and ongoing employment of faculty at public colleges and universities. As an attorney who regularly represents employees in complex workplace issues, I’ve been closely monitoring this new law and its potential consequences. SEA 202 has already sparked a legal challenge, raising important questions about constitutional rights, academic freedom, and employment security in the public education sector.
In this post, I’ll explain what the law does, why it’s being challenged in federal court, and how this development could impact Indiana’s reputation as a place to attract and retain top-tier academic talent.
What Does SEA 202 Do?
SEA 202 requires that all tenured faculty at Indiana’s public colleges and universities undergo performance reviews every five years. That in itself may not sound controversial—accountability and performance standards are common in most professions. But the law goes further. It mandates that tenure or promotion may be denied to faculty who are “unlikely to promote free inquiry, free expression, and intellectual diversity.”
In addition, it introduces a mechanism for students, colleagues, or others to file complaints if they believe a faculty member is not upholding these vague and politically charged principles. This complaint process may trigger administrative reviews that could influence a professor’s job security, compensation, and academic standing.
Supporters of the law, primarily Republican legislators, argue that SEA 202 is needed to curb what they perceive as ideological homogeneity in higher education. Their stated goal is to ensure that Indiana campuses are places where a diversity of viewpoints can be expressed and debated. But critics—including many professors and legal scholars—see this as legislative overreach that infringes on academic independence.
The Legal Challenge: Professors Push Back
Not long after the law was signed by Governor Eric Holcomb, two professors from Purdue University Fort Wayne filed a federal lawsuit against the state. The plaintiffs, Steven A. Carr and David G. Schuster, allege that SEA 202 violates their First and Fourteenth Amendment rights. They are represented by the ACLU of Indiana.
According to the complaint, the law essentially forces professors to include fringe or debunked theories in their curricula out of fear that not doing so could be interpreted as suppressing “intellectual diversity.” This, they argue, compels them to engage in speech they would otherwise avoid as academic professionals. That’s where the First Amendment challenge comes in.
The Fourteenth Amendment claim centers on vagueness. What exactly constitutes a failure to promote free expression or diversity of thought? The professors argue that these undefined terms give university administrators overly broad discretion, making faculty vulnerable to arbitrary or politically motivated disciplinary action.
The State’s Response: “No First Amendment in the Classroom”?
Indiana Attorney General Todd Rokita’s office responded to the lawsuit with an argument that is deeply troubling to many in the academic community: that public university faculty do not have First Amendment protections when teaching in the classroom. The state claims that instruction delivered at public institutions constitutes “government speech” and therefore can be regulated by the state without violating constitutional protections.
This claim cuts to the heart of the debate over academic freedom. If upheld, it could give legislatures broad authority to shape curriculum and penalize faculty whose teaching doesn’t align with the prevailing political winds.
What This Means for Indiana’s Higher Education System
As an Indiana employment lawyer, I worry that SEA 202 could have a chilling effect on higher education in our state. Academic talent is mobile. Professors, particularly those with specialized skills or national reputations, can—and do—choose where they work based on job security, research freedom, and institutional support for intellectual independence.
If this law is upheld and aggressively enforced, Indiana may find it more difficult to attract or retain the kind of high-caliber faculty that contributes to our state’s academic excellence. Public institutions could also face increased litigation risk, administrative costs, and reputational damage.
For those of us who assist clients navigating employment disputes, these types of laws create uncertainty. Professors facing tenure denials or disciplinary actions under SEA 202 will almost certainly seek legal advice. At the same time, universities and college administrators will need clear, lawful procedures to implement performance reviews that comply with constitutional protections.
Conclusion: Watch This Case Closely
As of this writing, the federal court has not yet ruled on the merits of the lawsuit filed by the Purdue professors. But regardless of the outcome, SEA 202 represents a pivotal moment in the ongoing national debate about the role of politics in education, employee rights in the public sector, and the boundaries of academic freedom.
At Goodin Abernathy LLP, we are committed to staying at the forefront of these evolving legal issues. If you are a faculty member, university administrator, or public employee with concerns about SEA 202 or your rights under Indiana and federal law, I invite you to speak with us. Visit our website’s Indiana Employment Lawyer page for more information or to schedule a consultation.
RE: Case 1:23-cv-01892-MPB-MKK TUTTLE v. EDISON SCHOOL OF THE ARTS, et al
Indianapolis, IN – We are pleased to announce that a judgment has been entered against Edison School of the Arts, resolving all claims brought on behalf of our client, Nathan Tuttle, who was wrongfully terminated from his role as CEO/Executive Director of the school corporation.
This judgment affirms what we have maintained from the outset: that Mr. Tuttle was treated unfairly and in violation of his civil rights. While no monetary compensation can undo the pain and disruption caused by Edison’s actions, the outcome offers a meaningful sense of validation and accountability. It also brings long-overdue closure to a painful chapter for our client, who has remained steadfast in his pursuit of justice.
We believe this outcome highlights the critical importance of due process, fairness, and transparency in all employment practices – particularly within public institutions. We are grateful for Mr. Tuttle’s courage and trust throughout this process, and we hope this case serves as a reminder of the responsibilities employers have to uphold both the law and the dignity of their employees.
Nathan’s experience also shines a light on the lasting harm that can result when institutions act hastily and without due process – especially in today’s climate. It is our sincere hope that this resolution may serve as a deterrent to similar actions in the future.
Car accidents happen in an instant, but the process of determining fault can be far more complex. If you’ve been involved in a crash, proving who was responsible is critical for securing compensation for medical bills, lost wages, and vehicle repairs. Indiana follows a “comparative fault” system, meaning the percentage of fault assigned to each party directly impacts the compensation they can recover. Here’s what you need to know about proving fault in an Indiana car accident case.
The Role of Indiana’s Comparative Fault Law in Auto Accidents
Indiana applies a modified comparative fault system, which means:
If you are found to be 51% or more at fault, you cannot recover damages.
If you are 50% or less at fault, your compensation is reduced by your percentage of fault.
For example, if your damages total $100,000 but you are found 20% at fault, your compensation would be reduced to $80,000.
Key Evidence to Establish Fault
To prove fault, you must present compelling evidence. The stronger the evidence, the better your chances of receiving fair compensation.
Police Reports
One of the most valuable pieces of evidence in any car accident case is the police report. Officers on the scene assess the accident, gather witness statements, and may issue citations. While not definitive proof of liability, a police report carries significant weight in insurance negotiations and court proceedings.
Photographic and Video Evidence
Taking clear photos or videos immediately after an accident can help reconstruct the scene. Focus on:
Vehicle damage
Skid marks and road conditions
Traffic signals and signage
Injuries sustained
The positioning of the vehicles
Witness Testimonies
Eyewitnesses provide an unbiased account of how the accident occurred. If possible, obtain contact information from anyone who saw the crash. Witnesses can corroborate your version of events, strengthening your claim.
Dash Cam or Surveillance Footage
Many vehicles and businesses now have cameras that capture roadway incidents. If the accident occurred near a store, traffic light, or at an intersection, check if surveillance footage is available.
Expert Testimony and Accident Reconstruction
In more complex cases, accident reconstruction experts may be necessary. They analyze skid marks, vehicle damage, and road conditions to create a detailed report of how the collision occurred. This can be particularly useful in cases where fault is disputed.
Common Factors Used to Prove Fault
Traffic Violations
If the other driver ran a red light, failed to yield, was speeding, or violated another traffic law, this can establish their fault. Traffic citations issued at the scene are strong indicators of liability.
Rear-End Collisions
In most rear-end accidents, the driver who strikes the vehicle in front is presumed to be at fault. However, exceptions exist, such as cases involving sudden and unexpected stops.
Left-Turn Accidents
A driver making a left turn is generally found at fault if they collide with a vehicle traveling straight. However, if the oncoming driver was speeding or ran a red light, fault may be shared.
Distracted or Impaired Driving
Evidence of distracted driving (such as texting, eating, or adjusting the radio) or impaired driving (such as DUI charges) can significantly impact fault determination.
Dealing with Insurance Adjusters
Insurance companies will investigate the accident and try to minimize payouts. Be cautious when speaking with adjusters—statements can be used against you. Instead, stick to the facts and consult with an attorney before accepting any settlement offers.
When to Contact an Attorney
If fault is disputed or if the accident resulted in serious injuries, hiring an experienced car accident attorney is crucial. A lawyer can:
Collect and preserve evidence
Negotiate with insurance companies
Represent you in court if necessary
Conclusion
Proving fault in an Indiana car accident case requires a combination of strong evidence, legal knowledge, and strategic negotiations. By understanding the state’s comparative fault rules and gathering the right documentation, you can protect your right to fair compensation. If you’re facing challenges with your claim, don’t hesitate to seek legal guidance to ensure the best possible outcome.
Dog bites can result in serious injuries that have lasting physical, emotional, and financial consequences. Certain dog breeds are statistically more likely to be involved in severe biting incidents. For victims of dog bites, understanding their rights and seeking legal assistance can make a significant difference in recovering damages. If you or a loved one has been injured by a dog bite, the experienced attorneys at Goodin Abernathy can help you navigate the legal process and pursue justice.
Breeds Commonly Associated with Dog Bite Incidents
While any dog can bite under certain circumstances, some breeds are more frequently associated with severe injuries due to their size, strength, and protective instincts. Below are a few breeds commonly cited in dog bite cases:
Rottweilers: Rottweilers are known for their strength and protective nature. While they can be loyal and affectionate pets, they require proper training and socialization to prevent aggressive behavior. When improperly trained or mistreated, Rottweilers have the potential to cause severe injuries in bite incidents. Victims of attacks involving Rottweilers often require extensive medical care and rehabilitation.
Pit Bulls: Pit Bulls are another breed frequently associated with severe dog bite injuries. Due to their powerful jaws and tenacity, bites from Pit Bulls can lead to significant trauma, including deep lacerations, fractures, and nerve damage. These incidents often make headlines because of their severity.
German Shepherds: German Shepherds are intelligent and often used as working dogs in law enforcement and security. However, their protective instincts can sometimes lead to aggression, particularly if they feel threatened or perceive danger. Bites from German Shepherds can result in deep puncture wounds and other serious injuries.
Doberman Pinschers: Dobermans are known for their sleek appearance and alert nature. While they can be excellent family dogs when properly trained, they can also become aggressive if not socialized correctly. Their bites are often strong enough to cause substantial injury.
Siberian Huskies: While Huskies are generally friendly and energetic, their high prey drive can sometimes lead to biting incidents. This breed’s size and strength mean that their bites can cause considerable harm, especially to children.
The Physical and Emotional Impact of Dog Bite Injuries
Dog bites often lead to severe injuries, including:
Lacerations and Scarring: Deep wounds that may require stitches or plastic surgery.
Fractures: Especially in cases where the bite involves crushing force.
Infections: Including rabies, cellulitis, and tetanus.
Nerve Damage: Permanent damage to nerves can result in loss of sensation or function.
Beyond physical injuries, victims often experience emotional trauma, including fear of dogs, anxiety, and post-traumatic stress disorder (PTSD). These psychological effects can last for years and may require therapy to overcome.
Legal Options for Dog Bite Victims in Indiana
Indiana law holds dog owners responsible for the actions of their pets in many situations. If you’ve been injured by a dog bite, you may be entitled to compensation for:
Medical Expenses: Including emergency care, surgeries, and rehabilitation.
Lost Wages: For time missed at work due to recovery.
Pain and Suffering: Compensation for physical and emotional distress.
Property Damage: If personal property was damaged during the attack.
Under Indiana’s “strict liability” laws, dog owners can be held accountable if their dog bites someone without provocation, regardless of the animal’s prior behavior. Additionally, if negligence on the part of the owner contributed to the incident, such as failing to secure the dog properly, the owner could face further liability.
Why You Need an Experienced Dog Bite Attorney
Navigating a dog bite case can be challenging, especially when dealing with insurance companies and legal complexities. The attorneys at Goodin Abernathy have extensive experience handling dog bite cases in Indiana. They understand the nuances of the law and are dedicated to helping victims secure the compensation they deserve. By working with a skilled attorney, you can ensure that your case is thoroughly investigated, evidence is properly collected, and your rights are protected. This can make all the difference in achieving a favorable outcome.
Take Action Today
If you or someone you love has been injured by a dog bite, don’t wait to seek legal assistance. The team at Goodin Abernathy is ready to provide compassionate, effective representation to help you recover and move forward. (https://www.fasecolda.com/) Contact us today to schedule a consultation and take the first step toward justice.
Car accidents can happen in the blink of an eye, and the aftermath can be overwhelming. Whether you’re dealing with physical injuries, emotional trauma, or the stress of managing insurance claims, it’s important to understand your rights and how to protect yourself legally after an accident. At Goodin Abernathy LLP, our team of experienced Indianapolis car accident attorneys is here to guide you through every step of the process to ensure that you receive the compensation you deserve.
If you or a loved one has been involved in a car accident, this blog post will help you understand what you need to do in the hours, days, and weeks following the collision.
The Risk of Accidents After Snowstorms: Be Extra Cautious
Indianapolis has just experienced a significant snowstorm, with up to 10 inches of snow falling over the past 24 hours. As temperatures drop and roads become icy, driving conditions can become treacherous—especially in the days immediately following the storm.
Winter weather presents unique challenges to drivers. Snow and ice create slippery surfaces, reduced visibility, and unpredictable driving conditions. During and after a snowstorm, it’s common to see an increase in car accidents, including rear-end collisions, single-vehicle crashes, and accidents involving vehicles losing control on slick roads.
How Winter Weather Increases the Risk of Car Accidents
The aftermath of a snowstorm is often just as dangerous as the storm itself. Even after the snow has stopped falling, icy patches, slush, and packed snow on the roadways can create hazardous conditions. Additionally, the cold temperatures can delay road salting or plowing, which means roads may remain slippery for days. (www.armstone.com.au)
In these conditions, accidents can happen quickly, even if you’re driving cautiously. Drivers may fail to slow down enough for the weather conditions, or they might lose control of their vehicle when trying to stop on icy roads. This is particularly true for people who aren’t accustomed to driving in winter weather or those who may neglect to properly clear snow and ice off their cars, reducing visibility.
If you or someone you know has been involved in an accident during or after a snowstorm, it’s important to take extra precautions when gathering evidence. Snow and ice can obscure damage or debris, so be sure to take clear photos of the scene, the vehicles, and the road conditions.
Step 1: Seek Medical Attention
The first and most important thing to do after any car accident is to ensure your safety and well-being. If you or anyone involved in the accident has sustained injuries, call 911 immediately. Even if you don’t think you’ve been seriously injured, it’s important to be checked by a healthcare professional. Many injuries from car accidents, such as whiplash or concussions, may not show symptoms immediately but can cause long-term complications if left untreated.
Keep a detailed record of all medical treatments, tests, and diagnoses related to your injuries. This information will be vital if you pursue a claim for compensation.
Step 2: Document the Scene
If you’re able to do so safely, documenting the scene of the accident can help build a strong case later. Here’s what you should try to do:
Take photographs: Capture images of the damage to both vehicles, the surrounding area, any visible injuries, and traffic conditions. These images will help provide evidence of the accident’s severity.
Exchange information: Gather the names, contact information, and insurance details of all parties involved in the accident, including any witnesses.
File a police report: In Indianapolis, it’s often necessary to file a police report for accidents involving significant damage or injuries. Having an official report will serve as an important piece of evidence in your case.
Step 3: Notify Your Insurance Company
After an accident, you are required to notify your insurance company about the collision as soon as possible. Be honest about the details of the incident but avoid admitting fault or providing unnecessary details that could be used against you later.
While your insurance company is required to help you with the claims process, keep in mind that their primary goal is to settle the case quickly and for the lowest amount possible. This is why having an experienced car accident attorney on your side is crucial in ensuring that your interests are protected.
Step 4: Avoid Talking About Fault
One of the most common mistakes accident victims make is discussing fault at the scene of the accident or even afterward. It’s essential to avoid admitting guilt or making statements that could be interpreted as an admission of fault. Even saying something like “I didn’t see you” or “I’m sorry” can be misconstrued as an admission of liability. Let the insurance companies and legal professionals determine fault based on the evidence.
Step 5: Contact an Experienced Car Accident Attorney
Navigating the aftermath of a car accident can be complex, especially when it comes to dealing with insurance companies, medical bills, and potential legal claims. That’s why it’s important to contact an experienced Indianapolis car accident attorney who can protect your rights and ensure that you receive the compensation you deserve.
At Goodin Abernathy LLP, we understand the emotional and financial toll that a car accident can take on you and your family. Our attorneys have years of experience representing accident victims throughout Indiana, and we are dedicated to achieving the best possible outcome for your case.
For example, we recently helped a client who was involved in a rear-end collision on I-465. The driver responsible for the crash attempted to blame our client for stopping suddenly, but through our thorough investigation and the use of expert testimony, we were able to demonstrate that the other driver was at fault. Our client received full compensation for their medical bills, lost wages, and pain and suffering. (please give me a real case study if this faux story can’t be modified)
Step 6: Pursue a Personal Injury Claim
If you’ve sustained significant injuries from a car accident, you may be entitled to compensation for:
Medical expenses: This includes past, present, and future medical costs related to the treatment of your injuries.
Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you’ve lost due to the accident.
Pain and suffering: In addition to economic damages, you may be entitled to compensation for the emotional distress and physical pain caused by the accident.
Property damage: If your vehicle or other property was damaged in the accident, you can seek compensation to repair or replace it.
Step 7: Be Prepared for Negotiations
Once your attorney has gathered all necessary evidence and medical records, they will work on negotiating a settlement with the insurance companies. It’s important to keep in mind that the initial offer from the insurance company is often much lower than what you’re actually entitled to receive.
An experienced car accident attorney will advocate on your behalf, ensuring that the settlement you receive is fair and reflects the true extent of your injuries and losses. In some cases, it may be necessary to file a lawsuit to achieve a fair outcome.
Step 8: Litigation (If Necessary)
If a fair settlement cannot be reached, your attorney may recommend filing a lawsuit and taking your case to court. While most car accident cases settle outside of court, sometimes litigation is necessary to ensure that justice is served. At Goodin Abernathy LLP, we are fully prepared to take your case to trial if it’s in your best interest.
How We Can Help You
At Goodin Abernathy LLP, we are committed to helping car accident victims in Indianapolis and throughout Indiana recover the compensation they deserve. Our experienced legal team provides personalized, compassionate legal representation designed to protect your rights at every stage of the process.
By following these steps, you can take control of your situation and begin the process of healing and rebuilding your life. Remember, you don’t have to go through this alone—our team is here to help.
Every year, countless individuals find themselves dealing with the aftermath of car accidents, often feeling overwhelmed by the legal and financial challenges that follow. Navigating these situations can be complex and stressful, especially when injuries and property damage are involved. This is where the expertise of car accident attorneys becomes invaluable.
The Role of Car Accident Attorneys
Car accident attorneys specialize in representing individuals who have been involved in auto accidents, advocating for their rights and ensuring they receive fair compensation. Their primary role is to handle all legal aspects of an accident claim so that victims can focus on their recovery.
One of the most crucial aspects of a car accident case is determining liability. Experienced car accident attorneys gather evidence, interview witnesses, review police reports, and consult with experts if necessary to build a strong case. They know the intricacies of state traffic laws and how to navigate insurance policies, which is vital for achieving the best outcome.
Why Hiring a Car Accident Attorney Matters
While some people may attempt to handle car accident claims on their own, hiring a seasoned attorney can make a significant difference. Insurance companies are often more interested in protecting their profits than ensuring fair compensation for victims. Without the guidance of a knowledgeable attorney, you might face pressure to accept a settlement that doesn’t cover all your expenses, such as medical bills, lost wages, and long-term treatment.
Car accident attorneys are skilled negotiators who fight to ensure that victims receive the maximum compensation possible. If an insurance company refuses to make a reasonable offer, an attorney can take the case to court and represent the victim throughout the litigation process. This support can be a game-changer for victims trying to rebuild their lives.
Key Benefits of Working with Car Accident Attorneys
Expert Legal Advice and Guidance: Navigating the legal system alone can be daunting, especially for those unfamiliar with personal injury law. Car accident attorneys have the knowledge and experience needed to provide sound legal advice and guide victims through every step of the claims process.
Fair Compensation: An attorney can help ensure that victims receive compensation that accurately reflects the total cost of their damages. This includes not only immediate medical expenses but also future medical care, rehabilitation costs, and compensation for emotional distress and loss of quality of life.
Reduced Stress: Dealing with insurance companies and legal paperwork can be time-consuming and stressful. Car accident attorneys take on these tasks so that victims can focus on their recovery and well-being.
Comprehensive Case Investigation: To strengthen a claim, attorneys gather and preserve evidence that might otherwise be overlooked. This can include surveillance footage, black box data from vehicles, and expert testimony.
What to Look for in a Car Accident Attorney
Not all car accident attorneys offer the same level of service, so it’s essential to choose one with a proven track record in personal injury cases. Key qualities to look for include:
Experience and Expertise: Look for attorneys who have extensive experience handling car accident cases similar to yours.
Compassion and Communication: The best attorneys understand the emotional and physical toll that a car accident can take on victims and their families. A compassionate attorney will keep you informed and treat your case with the urgency it deserves.
Strong Reputation: Client testimonials and reviews are valuable indicators of an attorney’s professionalism and success rate.
If you’re searching for trusted car accident attorneys, consider reaching out to Goodin Abernathy LLP. Their team is dedicated to fighting for the rights of car accident victims, ensuring they receive the compensation and justice they deserve. Call 317-843-2606 for a free consultation.
A car accident can upend your life in an instant, leaving you grappling with physical, emotional, and financial hardships. With the help of skilled car accident attorneys, you don’t have to face these challenges alone. They provide the expertise, support, and legal representation needed to hold responsible parties accountable and help you regain control of your future.
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.
