Motor vehicle accidents can be traumatic and costly, especially when it comes to medical expenses incurred if you are injured and need treatment. In Indiana, dealing with medical payments (“MedPay”) claims involves navigating both insurance processes and legal regulations. This article provides a guide on how medical payments claims are made, paid, and reimbursed according to Indiana law following a motor vehicle accident. Attorneys like Garrett M. Lewis here at Goodin Abernathy, LLP are familiar with MedPay claims and are here to help you devise a strategy to make the most of your MedPay coverage – not simply request that a bill be paid on your behalf!
What is Medical Payments Coverage?
Medical Payments (or MedPay) coverage is an optional form of insurance coverage that helps cover medical expenses related to injuries sustained in a motor vehicle accident, regardless of who was at fault. MedPay is designed to provide immediate financial support for medical treatments, including hospital visits, exams, surgeries, and rehabilitation. If you have questions about whether your own medical treatment can be covered through a MedPay claim following an accident, please contact attorney Garrett M. Lewis by telephone at (317) 843-2606 or email at glewis@goodinabernathy.com today!
How to Make a MedPay Claim
After an accident, the first step in making a MedPay claim is to notify your insurance company that you were in an accident. You should report the accident as soon as possible to ensure timely processing of your claim. In fact, some policy terms even require that a report be made within a certain amount of time, otherwise no coverage may be available. Be sure to provide your insurance company with all relevant details, including the date, time, and location of the accident, as well as information about any other parties involved.
To support your MedPay claim, you will need to provide medical documentation that details the nature and extent of your injuries. This includes:
Medical Bills: Itemized statements from hospitals, doctors, and other healthcare providers
Medical Records: Documentation of treatments, diagnoses, and prescribed medications
Receipts: Proof of payment for any medical services received
Your insurance company will likely require you to complete a MedPay claim form. This form will request information about the your accident, injuries and associated medical expenses. Be thorough and accurate in filling out this form to avoid delays or issues with your claim. If you do not provide enough information, your claim could be denied entirely. Once you have completed the claim form and gathered all necessary documentation, submit everything to your insurance company. Make sure you keep copies of all documents for your records – if you need help gathering your documents from various hospitals or providers, Goodin Abernathy, LLP can work with you on that.
Processing and Paying MedPay Claims
After receiving your claim, your insurance company will review and investigate the details. This process includes verifying the accident report, assessing your medical documentation, and confirming the coverage limits under your MedPay policy. Insurance adjusters may contact you for additional information or clarification during this phase.
MedPay coverage depends on the limits you selected when purchasing your policy, and typically ranges from a few thousand dollars to tens of thousands of dollars. The insurance company will pay medical expenses up to the limit of your policy, but if the total amount of your medical bills exceeds your coverage limit, you will be responsible for paying the difference. If your claim is approved, the insurance company will issue payment either directly to the healthcare providers or to you, depending on how the bills are submitted. Payments are typically made promptly, but the timing can vary based on the complexity of the claim and the efficiency of the insurance company.
Reimbursement of MedPay Claims
In cases where another party is found to be at fault for the accident, your insurance company may seek reimbursement through a process known as subrogation. Subrogation allows the insurance company to recover the amount of MedPay coverage paid on your behalf from the at-fault party’s insurance company or from a settlement you receive.
If you receive a settlement or damages from the at-fault party’s insurance company, or if you are awarded damages in a lawsuit, your MedPay insurer may seek reimbursement from you for the medical expenses they covered on your behalf. This is often done through a legal agreement where you agree to repay the insurer from any settlement or court award. If you choose to work with an attorney like Garrett M. Lewis at Goodin Abernathy, LLP following a motor vehicle accident, he will work with you and your insurance company to satisfy any subrogation claims so you won’t have to worry about anyone coming after you for reimbursement later on! Receiving reimbursement from a settlement or award does not typically impact future MedPay claims, but it’s important to review your policy and any agreements carefully to understand any implications for future claims and coverage.
Legal Considerations and Compliance
In Indiana, the law requires that drivers have liability insurance, but MedPay coverage is optional. If you choose to purchase MedPay coverage, it is important to be aware of the specific requirements and limitations of your policy. Because Indiana does not require MedPay coverage, its availability and terms are generally dictated by individual insurance providers.
If MedPay does not cover all your medical expenses, or if there is a dispute with the insurance company, you may consider filing a lawsuit against the at-fault party. In Indiana, personal injury lawsuits must be filed within two years of the date of the accident, and personal injury cases often involve seeking reimbursement for medical expenses. This statute of limitations is important to ensure your right to compensation is preserved, and Garrett M. Lewis can work with you to make sure you don’t lose your right to compensation!
If you encounter difficulties with your MedPay claim or need assistance with reimbursement issues, consulting an attorney who specializes in personal injury and insurance law can be beneficial. Garrett M. Lewis and the attorneys at Goodin Abernathy, LLP can help navigate complex legal issues, negotiate with insurance companies, and represent you in court if necessary.
Best Practices for Managing MedPay Claims
Maintaining thorough and accurate records of all medical treatments, expenses, and communications with your insurance company is crucial. This documentation can be invaluable in resolving disputes and ensuring you receive the compensation you are entitled to.
Regularly follow up with your insurance company to check the status of your claim. Prompt follow-ups can help expedite the process and make sure any potential issues are addressed before they become major problems.
Also make sure to regularly review your MedPay policy and coverage limits to ensure they meet your needs. Adjusting your coverage or limits as necessary can provide better protection and reduce the risk of uncovered expenses. For example, if you have pre-existing conditions or injuries which might make you susceptible to more significant injuries in the event of an accident, it might be wise to obtain a higher limit on your MedPay coverage.
Conclusion
Navigating medical payments claims after a motor vehicle accident in Indiana involves understanding the claims process, working with your insurance company, and being aware of your legal rights and responsibilities and acting accordingly. By following the steps outlined in this guide, you can effectively manage your MedPay claims, ensure timely payment of medical expenses, and address any reimbursement issues that may arise. If complications occur, seeking professional legal advice can help protect your interests and secure the compensation you need. If you are looking for additional information regarding MedPay claims or would like assistance with handling one of your own after you are involved in an accident, please reach out to us at (317) 843-2606 – we would be happy to help!
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.
Many Hispanics working physical labor jobs face dangerous work conditions. Unfortunately, Hispanics and many other workers sacrifice their safety in hopes of keeping their jobs for income. Attorney Jim Browne and his Legalmente Hablando Indy legal team work daily with injured workers. Often attorney Browne must request work accident reports from the Indian Occupational Safety and Hazard Administration (IOSHA). These reports describe investigation results after work injuries occur. Of course, Legalmente Hablando Indy prefers nobody gets hurt and workers enjoy safe conditions. So here are a couple options Hispanic laborers can use to prevent accidents.
IOSHA offers workers a way to privately request help enforcing safety standards in the work place. https://www.in.gov/dol/iosha/iosha-home/ IOSHA’s inspection may result in warnings or fines. But it will certainly help identify hazards and develop safety plans to reduce the risk of worker injury.
IOSHA offers two ways to file safety complaints. First, you may file a formal complaint. A formal complaint is made by a current employee or their representative. Formal complaints are assigned to a Compliance Officer for inspection, and they must meet the following requirements:
Asserts that an imminent danger, a violation of the IOSH Act or a violation of an IOSHA standard exposing employees to physical harm exists in the workplace;
Is submitted in writing; and
Is signed by at least one current employee or employee representative.
Another reporting option includes a “non-formal complaint.” Using this reporting keeps your identity anonymous. Your employer and co-workers do not learn that you or your representative made a safety complaint. A non-formal complaint does cause IOSHA to investigate the workplace for hazards complained of in the report. You may use this link to find the report in Spanish: https://www.osha.gov/form/osha7/espanol
Slip and trip injuries are the most common problems in work sites. Many of our Legalmente Hablando Indy clients suffer broken ankles, wrists and twisted knees in these accidents. We also represent many clients who have suffered injuries after falling from heights, like roofs, ladders and scaffolds. Since so much velocity and force is involved with these accidents, our clients typically suffered serious closed head injuries, broken bones and tragically, even death.
The demolition industry exposes many of our clients to additional dangers. Typically, our demolition clients are injured when heavy objects, like walls, ceilings or pipes fall onto them. Or they are burned by electric wires and fall from scissor lifts.
Amputations are injuries attorney Browne also focuses on for Indiana Worker’s Compensation claims. The amputation injury involves a special set of regulations for determining benefits. Goodin Abernathy is experienced in fighting for our clients’ best medical and financial recoveries. Contact us for free in person, telephone or video consultations if you, a friend or loved one has suffered a work injury. Jim Browne and his team care about our Hispanic clients work to provide them the best legal service available in Indiana.
The Indiana probate process manages asset distribution after a person dies. Contact the estate planning and probate attorneys at Goodin Abernathy LLP to learn about the inexpensive legal services we offer our clients.
You may be tasked with winding up the financial, real estate and vehicle interests of a deceased person. Our probate attorneys realize not all Indiana residents die rich, and that many people die with assets totaling less than One Hundred Thousand Dollars ($100,000.00). But what they do leave behind is precious to their families and friends. Avoid spending money on high-priced probate legal services that make the process too complex. Take a minute to contact us to learn about cost effective options.
This article generally describes legal considerations for representatives handling estates valued at $100,000.00 or less. If an Indiana resident died after June 20, 2022, their estate may qualify for using the Small Estate option. Here is a simple review of the important phrases and options for Indiana residents handling small estates.
Probate
Probate is the legal process used to administer a deceased person’s estate. An “estate” includes their assets and debts. Probate includes addressing debts like mortgages, credit card balances, medical bills and taxes. The process is regulated to protect the interests of legally interested beneficiaries.
You will hear the term “decedent” used for the deceased person. The probate process applies to decedents who die with and without wills. Typically wills identify legal beneficiaries to whom the decedent wished to transfer their assets and gifts. When people die without wills, then Indiana’s intestate (without a will) process applies to the probate process. The intestate process uses Indiana law to determine how any estate assets are divided between legally recognized family members.
In Indiana, the executor, administrator or “personal representative” refers to the person(s) charged with handling the probate process for a decedent’s estate. It is an important job that carries significant responsibility. An executor needs to make sure everything is done legally, correctly and fairly. Goodin Abernathy’s experienced attorneys enjoy keeping your probate project simple and easily understandable. Our goal is to support your needs with a personal touch and provide reasonably priced legal service.
Small Estate
Indiana law provides a cost-effective option for beneficiaries tasked with handling estates that are valued under $100,000.00. https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-8-1/ Recognized as the Small Estate, Indiana law does away with the need for opening a complex probate action in court. It offers non-attorney forms recognized by financial institutions, the BMV and real estate companies. Here is an example of a Small Estate Affidavit and Order that is recognized in Morgan County Indiana. https://morgancounty.in.gov/egov/documents/1658176398_56456.pdf Many other Indiana counties offer links to similar forms you can find on the internet.
Frequently, our probate attorneys handle questions about small estates. Depending on your needs, our probate team enjoys offering single consultations or ongoing legal support to manage the small estate process. Though the small estate process is intended to make things easy, we know that does not always happen. Banks, the county Recorder’s Office or even the Indiana Bureau of Motor Vehicles (BMV) may require information and forms that are not always easy to create. If you run into questions about the Small Estate process, contact us for consultations and exploring a limited level of legal services that support your needs while maintaining a reasonable budget.
Examples of Probate Legal Services For Small Estates
Though easier and more streamlined than using courts for supervised and unsupervised probate cases, managing small estates still requires time and effort. The process typically involves more than filling out a simple form. Our team is sensitive to the burdens clients face when taking on the responsibility of winding up a decedent’s legal affairs. Instead of paying high hourly rates for firms that only focus on probate legal work, contact us to learn about other options.
The Goodin Abernathy LLP attorneys and paralegals will take on the extra work it takes for processing required by the banks to distribute money to the legal heirs. We often visit banks with our clients to answer their questions, supply necessary documentation and fill out forms to successfully distribute proceeds.
The Indiana BMV uses various forms for different types of vehicle transfers and registration. Goodin Abernathy’s attorneys will help you identify and populate the BMV forms so you can re-title a vehicle. Depending on the BMV branch or even visiting with staff in the branch, you might encounter different questions and requests. We will schedule appointments and even go to the BMV with you to work through their process.
Taxes are always an issue. Both the State of Indiana and federal government are interested in collecting their taxes. Work with Goodin Abernathy’s legal team to organize documents and supply tax preparers with the information they need to complete the required returns.
Real estate transfers use special forms. For instance, you might want to sell the decedent’s house and divide the proceeds between heirs. To do so, you will need a new deed and paperwork for the transaction. The deed must be filed with the County Recorder’s office. Realtors and title companies will need forms showing you have the legal authority to complete the transaction. Our attorneys communicate directly with the title companies and supply them with the materials they need. To make sure documents are registered correctly, we also take the deed and registration documents to the county Assessor and Recorder to re-title a house if an heir intends to maintain ownership.
Goodin Abernathy LLP’s attorneys are sensitive to the emotions mixed in with managing the probate process. Whether you have a Small Estate or a full probate project, contact our team to learn about the affordable legal services we offer. Let us help you wrap up your loved one’s estate and legal affairs. Call (317)843-2606 or e-mail jbrowne@goodinabernathy.com to set up a consultation today!
Legal planning for death and sickness are simple projects the Goodin Abernathy team can help you prepare. Generally, this is known as Estate Planning. Our legal team at Goodin Abernathy regularly handles drafting Wills, Powers of Attorney, Health Care Representative and Health Care Directives. Setting these up these plans will help your loved ones with legal tasks when you become sick or die. The legal documents will apply even if you are undocumented. They are especially helpful if you are in a common law relationship where a marriage is not legally established.
In our Hispanic culture, the “pareja” or compañero is a common law spouse. The couple recognizes each other as dedicated life partners. But Indiana does not recognize this as a legally enforceable marriage. It also affects paternity issues and the rights of children to claim assets of their father. If the father of a child born in a pareja arrangement dies before paternity is legally established, special steps must be taken to protect the child’s legal interests. Otherwise, the father’s property may pass to extended family other than the child or common law wife. That is why our Legalmente Hablando Indy team helps Hispanic clients plan for protecting their family’s legal interests.
A Will is a legal document that describes your wishes for dividing assets after you die. You will select people to represent your legal interests in court or to do business. Then you will explain how you want your property divided. This could include transferring the title to a house or property to your spouse or other designated loved one. The Will can describe how you want personal items and money divided between your heirs. Establishing a Will can greatly help the distribution process after you die.
A Power of Attorney is a legally recognized document that transfers your decision powers to the person you choose when you are medically or mentally unable to make decisions. For instance, if you are in a COMA after an accident or unconscious due to COVID or other health complication, your legal representative can make reasonable and beneficial decisions for handling your financial affairs. Banks, realtors and other financial companies recognize these documents. This allows your loved ones to continue handling regular finances while you are incapacitated. When you recover, the representative’s powers are removed and you regain control.
A Health Care Representative appointment applies when you are medically or mentally incapacitated. Certain health laws prohibit doctors and hospitals from communicating with family members without written permission. The Health Care Representative appointment provides your chosen person to communicate with the doctors and learn about your medical or psychological condition. They may collect health records and make decisions for your treatment.
A Health Care Directive is a legally recognized document that give instructions to future healthcare providers regarding your treatment. For instance, if medical experts agree that you will not recover from a brain injury or serious illness, then you might want to instruct them not to keep you alive on artificial support. For many, these directions offer peace of mind their families are not burdened with attending to a body in a vegetative or non-responsive state.
Goodin Abernathy supports our clients with estate planning information and documents. The process is simple and offers people security their families and loved ones will be taken care during serious health events or death. Contact us for more information and let us help you plan to protect your family.
An Ounce of Simple Estate Planning Can Prevent A Pound of Legal Work
As the “Silver Wave” or “Gray Wave” segment of our aging population builds, many Gen X kids are taking on the responsibility of addressing estate planning for their parents. https://www.pewresearch.org/short-reads/2020/04/28/millennials-overtake-baby-boomers-as-americas-largest-generation/ Goodin Abernathy’s estate planning attorneys can support your estate planning with an easy, cost-efficient package of documents. Our attorneys will meet with you and your loved ones to personalize the details for Wills, Powers of Attorney, appointing a Health Care Representative and drafting Living Will or Advanced Lifecare Directives. Depending on your particular needs, our estate planning packages start at Five Hundred Dollars ($500.00) per person / package.
Over the years, our Goodin Abernathy LLP attorneys recognize two client tendencies typically frustrate the chances of arranging their estate planning. First, the “there’s always tomorrow” attitude puts it off. Of course, we hope our clients lead long, healthy lives. But the best time to plan is when you are healthy and mentally alert. Recently a family brought in their elderly father seeking legal help for his estate planning. Unfortunately, a dementia condition that started years ago progressed too far. Instead of preparing simple estate planning documents, the man needed a court appointed guardian. Of course this process requires a lot more time and costs a lot more money than preparing our estate planning packages.
The second phenomenon preventing people from timely preventing their estate planning is the “do it yourself” kit. The internet advertisements for estate planning offer “cheap” alternatives for handling your estate planning needs. Unfortunately, this approach usually promotes procrastination and the project is never accomplished because it always seems easy to do “next weekend”. Plus, let’s be honest and remember the age-old adage that “a person representing themselves has a fool for a client”. Just contact our Goodin Abernathy attorneys and get it done the right way. We will meet with you and take the time to evaluate your needs, explain options and suggest your best plan of action.
Basic Estate Planning Packages
WILL
A legally executed will expresses your wishes and provides instructions for handling the probate process. Many clients understand the importance of listing specific bequests and our attorneys walk them through the best course of action for handling these instructions. Wills may also save your heirs inheritance money by directing your personal representative on how to probate your estate.
Power of Attorney
Often, before one dies, their mental capacity or physical health begins failing. The Power of Attorney confers the legal authority to a designated representative. The representative may use the authority to manage financial affairs, business decisions and other important legal tasks for the grantor if she / he are medically or legally incapacitated.
Health Care Representative
The Health Care Representative appointment allows you to legally designate a representative to communicate with your health care providers. Often, hospital systems and doctors are reluctant to share information or accept medical decisions if a legal health care representative is not appointed. Establishing this directive allows your loved ones to be a part of your health care journey, know what’s going on and help make important decisions.
Living Will or Advanced Health Care Directive
Indiana law recognizes and respects a person’s Living Will document. This document states your wishes for important end of life decisions. Frequently hospitals want to know if you have a Living Will for handling treatment in terminal situations. You may feel relieved to know your family members will not bear the stress of making decisions about life support since your Advanced Health Care Directive will address your wishes.
Mind you, estate planning packages are important for new families as well. The documents provide moms and dads the security of know their children are taken care of in the event of accidental death or surprise medical conditions. You may appoint guardians for your children and develop Trust terms for managing assets until the children are mature enough to make sound financial decisions. Since our attorneys have helped widows and seen the devastating impact of sudden death on young kids, Goodin Abernathy LLP attorneys understand how to explain important planning concepts to our younger clients as well.
Our attorney handle probate for the heirs and family members of deceased loved ones. Estate planning is simply distinguished from probate in that it involves planning for the ultimate probate of an estate. Legal requirements control how estates are managed and property is distributed in the “probate” process. Start building a trusting and friendly relationship with our attorneys now. Our professionals will share legal guidance in a comforting manner for your loved ones after you pass.
Were you in a car accident and have legal questions? Make things simple by contacting the Goodin Abernathy LLP law firm. We have a Spanish speaking team, too, who focuses on representing Hispanic clients suffering physical injuries in motor vehicle accidents. Put us on your side for recovering the maximum damages the law allows for personal injuries. We offer free, in-person legal consultations. When we take your case, our attorneys only charge for services when we win and actually collect money.
Auto accidents may include criminal acts. But when you need to recover your own damages, the process is considered a civil law claim for negligence. Sometimes our clients are concerned about making legal claims because they are undocumented immigrants. Do not let this stand in your way because Indiana allows all accident victims the right to legal access – no matter what their immigration status is. You really should not be concerned about encountering immigration problems for making a negligence claim. Our legal team will guide you through the process and protect your rights without concern for being deported or harassed due to your immigration status.
Now let’s start by reviewing basic topics our clients must deal with after an auto accident. At the scene, police often give our clients a slip of paper with the “accident number.” Although helpful, this is not the report we need. Using your information, we access an internet portal that law enforcement uses for publishing the auto accident reports. Police post their Indiana crash reports on BuyCrash.com and charge Twelve Dollars ($12.00) to download and print it. https://buycrash.lexisnexisrisk.com/ui/home The police report will supply us with the basic information needed to identify the at-fault driver. The crash report also describes the investigation results and identifies potential witnesses.
If your car was disabled and not drivable after the accident, it was probably towed to a salvage lot. We recommend addressing this immediately because each day your vehicle sits in the tow yard, they charge you around Thirty-Five Dollars ($35.00) per day. Before you can get your car out of the lot, you must pay them for the towing service and the daily rate. If you do not have auto insurance to pay for these costs, the price can quickly jump above an amount you can pay. Then, if you do not pay the removal fee, the tow yard will sell your car for salvage. You will not have a chance to fix the car, sell it or maybe even recover your personal possessions. Our legal team counsels our clients with tips for negotiating with the salvage yards to pay less and collect your vehicle. Contact us with questions before paying full price at the salvage yard.
Many people are physically injured in car accidents. Maybe you visited the emergency room for medical treatment and have questions about the bills. Or, after the accident your injuries worsened and now you want to visit your family doctor or a specialist. Attorneys are not medical doctors but we can describe how clients typically search for physical relief from pain. Often we find our clients are confused about where to go for medical treatment. The obvious response is 1) if the pain is excruciating, visit the emergency room and 2) if the pain is tolerable, consider contacting your regular primary care doctor. Of course, there are more medical treatment options that we can discuss for choosing the best path for your recovery.
We know the medical treatment is not free and you want to know who pays the costs. GA’s legal team will explain how the law applies to this important question and show you how we step in to work with the medical billing departments. For instance, you want to know if the at fault driver’s insurance company will pay each bill. When will they pay the medical bills? Under Indiana’s negligence law, the process typically does not require a responsible driver or their insurance to pay for medical costs as you treat. Instead, they pay when you are finished with medical treatment. Even if it is an option, rarely is it a good idea to settle parts of a claim as it goes along. It is typical to settle the whole case once you finish medical treatment and know what all your damages are. Unfortunately, we know the bill collectors do not want to wait and they put pressure on you and your family. Call Goodin Abernathy, and we will step in to handle the bills and relieve you from the immediate financial pressure.
Another option for handling medical bills can include using your own auto or health insurance. If you have the right auto insurance coverage, you may be able to use your own policy to help pay bills. This coverage is typically called Medical Payments or “Medpay”. GA’s Indy legal team will review your own insurance to identify if you have this option. You may also use your own health insurance to cover medical bills for treating your injuries. We will explain how the health insurance company then has a legal and financial interest in collecting their payments from the responsible driver. If you do not have health insurance, Legalmente Hablando Indy is familiar with various hospitals and medical doctors that use payment systems you can take advantage of for continued medical treatment. For instance, Eskenazi Hospital in Indianapolis offers applications for the popular “Advantage Plan.” Patients work with financial counselors to qualify for assistance under the plan. https://www.eskenazihealth.edu/programs/financial-counseling
When you miss time at work due to an injury, you likely lose income and we understand this is very stressful. Goodin Abernathy’s legal team will explain how Indiana law applies to this part of your damages. The law for accident victims allows them to claim lost income for damages in their case against the responsible driver. We describe how this is calculated and inform you about what to expect for a lost wages claim.
Another initial concern includes how to deal with the insurance companies. Understandably, our clients visit us because they are concerned about how the negligent driver’s insurance company is treating them. Clients want to know the law and make sure they are being treated fairly. This is where an attorney at Goodin Abernathy helps. Remember, insurance representatives are trained and experienced with handling claims to save their companies money. Insurance companies are in business to make money – not pay it out. This is why you need professional legal help. Our experienced team will represent you and fight for your legal rights. Choose to have an attorney on your side (and if necessary, that speaks Spanish), cares about your recovery and is experienced with challenging insurance companies to win the best recovery for your case.
Our attorneys handle personal injuries on a contingency fee basis. You only pay for legal fees when we win and collect money. There are no up-front fees that you pay to open a case with our law firm. Legalmente Hablando Indy enjoys supporting Indiana’s Hispanic community with quality legal services. Our contingency fee rates are typically less than big advertising law firms. Instead of trying to pay the cost of marketing, we save our clients money and provide excellent legal services. Our initial consultations are free. We will sit with you, review your photos, accident reports and medical treatment. If you are in the hospital or unable to travel, we can visit your location or set up a video conference. Contact Goodin Abernathy’s legal team to schedule an appointment today!
