by Karl Popowics | Jan 13, 2016 | Legal Matters Discussed, Medical Malpractice, Personal Injury, Wrongful Death
Individuals are generally housed at a County Jail while they wait for their trial or when they are waiting to be sent to a Department of Correction facility after being sentenced.
While at the County Jail, Indiana law dictates the County Sheriff is the one charged with a duty to administer the jail in a manner which preserves the safety of the inmates. Indeed, the Sheriff must exercise reasonable care to preserve the life, health, and safety of those in custody.
Frequently, the County Sheriff will delegate duties to jail employees to run the jail, and sometimes the County Sheriff will delegate the responsibility for providing medical attention to inmates to a doctor or an outside health care provider. However, even when duties are delegated, the Sheriff is responsible for the acts of jail employees, if the employees, acting in the course and scope of their employment, commit negligence. Similarly, the Sheriff is responsible for the acts of heath care providers. Therefore, when an inmate at a County Jail commits suicide; is sexually assaulted by a jail employee; or is deprived reasonable medical care; the Sheriff, in an official capacity, may be liable for damages.
Any individual who desires to make a claim against a County Sheriff, in their official capacity, must file what is known as a Notice of Tort Claim. This Notice must be filed within 180 days after the loss or event and must contain specific required information or the claim will be barred. Consequently, it is important that individuals who have suffered an injury or event at a County Jail, as a result of the actions of a jail employee or medical care provider, consult with an experienced attorney.
by admin | Dec 6, 2015 | Testimonials
I chose Goodin Abernathy for my legal representation because a friend told me about his experience working with Jim Goodin. When I needed legal help it seemed like a no-brainer. I ended up working with Karl Popowics and Elizabeth Wysong-Berg. All three were great. They always made me feel very comfortable in a situation that was anything but comfortable. I would highly recommend them to anyone needing legal help.
by Christopher Clark | Nov 24, 2015 | Auto Accidents, Legal Matters Discussed, Personal Injury, Safety
Too often I see clients come in with serious injuries after they have been struck by a vehicle carrying no or very limited liability insurance. The first question I ask is how much Uninsured or Underinsured Motorist coverage (UM/UIM) they have through their own insurance carrier. More often than not, I receive a blank stare in response.
What is Uninsured/Underinsured Motorist Coverage?
Uninsured/Underinsured Motorist coverage is coverage you purchase to protect yourself from uninsured or under-insured drivers. If you are seriously injured in a car accident or by a motor vehicle, the wrongdoer may not have enough insurance coverage to adequately compensate you for your injuries. The law requires, unless you specifically waive it, that UM/UIM coverage be a part of your car insurance policy. This is excellent protection against those in our society who do not play by the rules or who have little to no assets to protect. The best part though? It’s cheap coverage! For just a few dollars a year you can increase your UM/UIM coverage to help protect yourself on the roadways.
So talk to your insurance agent about UM/UIM coverage and make sure you have enough coverage to protect you if you are injured by a driver without adequate insurance. If you have an umbrella policy, make sure it includes UM/UIM coverage, as well.
If you have been injured by a motor vehicle and have been told the wrongdoer has little or no insurance coverage, call our Indianapolis injury attorneys today to set up a free consultation and discuss making a UM/UIM claim.
*Image courtesy of Naypong at FreeDigitalPhotos.net
by admin | Nov 13, 2015 | Current Events, Immigration, Legal Matters Discussed
DAPA & DACA on Hold
Unfortunately, an appellate court decided this week to keep the DAPA program and DACA expansion on hold while the case moves forward in court. So what does that mean for Latino immigrants and people from other parts of the world seeking immigration relief here in Indiana? Well, the decision wasn’t a surprise for advocates who were following the case closely– and the good news is the Obama administration can still appeal the ruling. So there is hope the U.S. Supreme Court will overturn the lower court.
We know the Obama administration wants to help immigrants – that’s why the new immigration opportunities were proposed. And there is still time left before a new President takes office. We also know the U.S. Supreme Court has ruled favorably for immigrants in other cases when the States tried to regulate or enforce immigration law—such as the case of Arizona v. US (2012) where the Supreme Court decided that Arizona couldn’t enforce much of their controversial “papers-please” law, SB1070. Many legal experts agree that the Supreme Court may open the program.
Also, news outlets are reporting that some members of Congress are proposing new immigration legislation in light of the court’s decision. So the immigration attorneys at Goodin Abernathy LLP are planning for the appeal and any new proposals.
For now it is important that everyone understands that this decision doesn’t affect other immigration programs, if you qualify for original DACA, for a U-visa, or a family petition you can still undertake these processes. Additionally, it is important to understand that parts of the executive action announced by the president a year ago are now in force (like the new deportation priorities) or in process (like the expansion of the provisional waiver).
What should you do if you are waiting on relief?
The advice hasn’t changed—get your documents in order to be prepared for any kind of new immigration relief. What kinds of documents? While we don’t know for sure what the requirements of any new relief would be exactly there are some documents which are likely to be part of the process, such as identification documents (birth certificates, passports, or other national IDs), documents which show that you have been living in the US (like bills, tax returns, bank statements, medical records, leases, or other papers), and documents which show your ties to the US (such as US citizen children’s birth certificates). Also, if you have ever been arrested or had to go to court you should try to get certified copies of those court or arrest records.
While we can’t predict the future or what will happen with politics, the immigration lawyers of Goodin Abernathy remain dedicated to keeping the Spanish-speaking community updated with the most recent information about any new immigration reform or benefits. If you have questions don’t hesitate to call—317-574-3090.
by Christopher Clark | Oct 30, 2015 | Employment Law, Legal Matters Discussed
In the recent case of EEOC v. Consol Energy, Inc., 1:13-cv-00215 in the United States District Court for the Northern District of West Virginia (more info), the claimant, Beverly R. Butcher, Jr. had worked as a general inside laborer at the companies’ mine in Mannington, W.V., for over 35 years. When the mining company required employees to use a newly installed biometric hand scanner to track employee time and attendance, Butcher repeatedly informed company officials that submitting to biometric hand scanning violated his sincerely held religious beliefs as an Evangelical Christian. He wrote a letter to company officials explaining his beliefs about the relationship between hand-scanning technology and the “Mark of the Beast” and the Antichrist discussed in the New Testament’s Book of Revelation. Mr. Butcher requested an exemption from the hand scanning as a reasonable accommodation based on his sincerely held religious beliefs.
Consol argued that Butcher admitted that the current version hand scanner left no actual mark; however, he testified that these scanners “are being used as part of a system of identification being put into place that will be used to serve the antichrist as foretold in the New Testament Book of Revelation and which creates an identifier for followers of the antichrist known as ‘The Mark of the Beast,’” and that “[t]he fact that a believer draws a line at the first step in what he sincerely believes to be an immoral process rather than the last step of that process does not alter the employer’s accommodation duty.”
The EEOC repudiated Consol’s attempts to poke holes in the logic of Butcher’s beliefs, contending that it is unconstitutional for Consol to demand theological accuracy or consistency. “[A]s EEOC has previously pointed out, and as the Court instructed the jury, religious beliefs need not be seen as rational, doctrinally consistent, or accurate in order to be protected under Title VII.”
The jury in this case unanimously awarded Mr. Butcher $150,000 in compensatory damages. The Court also ordered that Consol Energy must also pay Butcher an additional $436,860.74 in back pay and front pay for the Title VII violations found by the jury.
If you believe you are a victim of religious discrimination, or your employer is failing to accommodate your firmly held religious beliefs, you should seek the advice of an experienced employment law attorney. Call or request a free consultation with Goodin Abernathy’s Indianapolis Employment Lawyers.
![Indianapolis Celebrates Day of the Dead]()
by admin | Oct 28, 2015 | Current Events, News & Announcements, News Around Indy
Volunteers with NOPAL Cultural promoting their Dia de los Muertos event last weekend at the Indy 11 game.
Our good friends at NOPAL Cultural have a special celebration of Day of the Dead planned for this Saturday, October 31, 2015 from 11am to 5pm at the Eiteljorg Museum in downtown Indianapolis. The event will highlight the exhibition of ofrendas and altares made by local artists and civic groups to honor their loved ones. There will be special musical performances, art projects, a marketplace and a Catrina parade. The event is free and open to the public. You can find out more at the event page on Facebook : https://www.facebook.com/events/770875693040591/ We hope to see you there!
How does your family remember your loved ones? How do you celebrate Day of the Dead? Let us know in the comments!
https://www.facebook.com/NopalCultural/videos/vb.379208648824628/916114328467388/?type=2&theater
by admin | Sep 14, 2015 | Construction Injury Claim, Legal Matters Discussed, Worker's Comp
The Goodin Abernathy LLP attorneys recently helped their Hispanic client, Juan, resolve his construction accident claim for injuries he suffered after falling off concrete forms. Juan was instructed to climb up panels to build a concrete column for a parking garage. However the forms were not designed for climbing and this created a dangerous condition on his job site. Juan was not provided with adequate safety equipment to do his job. Our attorneys investigated the accident, interviewed witnesses and researched safety guidelines to present Juan’s case. The Goodin Abernathy attorneys fought for and collected money for Juan’s construction accident injuries in both a negligence case and an Indiana Worker’s Compensation claim.
Often construction companies fail to develop safety plans for construction projects. They fail to provide their workers with adequate safety equipment and push for workers to get jobs done despite serious hazards. Construction safety studies show that about one-third of the fatal falls in construction were from roofs, 18% were from scaffolding or staging, 16% were from ladders, and 8% were from girders or structural steel. The other 25% of fatal falls includes falls through existing floor openings, non moving vehicles and lifts. The Goodin Abernathy LLP attorneys frequently help clients who have suffered serious physical injuries after falling off roofs, scaffolding, dangerous ladders, framing jobs and from masonry or concrete projects. Our experienced Spanish speaking attorneys handle both the worker’s compensation and negligence claims to seek maximum financial recovery for our clients.
The Occupational Safety and Health Administration (“OSHA”) and the Centers for Disease Control and Prevention (“CDC”) publish guidelines and instructions for preventing falls on job sites. This instruction guide by OSHA provides great details and tips for job safety. https://www.osha.gov/dte/outreach/construction/focus_four/falls/falls_ig.pdf
If you or someone you know have suffered serious personal injuries, contact the attorneys at Goodin Abernathy LLP. We are committed to explaining the legal process for protecting your rights and recovering money for your damages. Indiana has two systems available for presenting your legal claims. Regardless of your immigration status, our attorneys explain what you can claim for help with lost income, medical bills, pain and disability. Contact us today for a free consultation in English or Spanish.
by admin | Sep 10, 2015 | Current Events, Hate Crimes, Legal Matters Discussed, Personal Injury
Recently Donald Trump has been in the news for his negative comments about immigrants and in particular Mexican immigrants. Trumps comments, while upsetting to many in the community are only words–unfortunately police are investigating whether someone may have resorted to violence based on their anti-immigrant or anti-Latino bias.
Fox59 reported that this weekend a young man was shot on the Northwest side of Indianapolis after leaving the Una Parada grocery store. According to reports the shooter shouted an anti-Hispanic slur. Also there was another shooting at a Tortas restaurant involving a similar vehicle and bullet caliber. Finally, a Latino-owned business was robbed at gunpoint in the same area. Check out the video from Fox59 here: http://fox59.com/2015/09/07/suspects-who-shot-14-year-old-boy-while-walking-with-mother-allegedly-yelled-racial-slur/ Police are investigating a possible connection and investigating whether the crimes were motivated by an anti-Latino or anti-immigrant bias.
Unfortunately anti-Latino hate crimes have been increasing in recent years. http://www.thedailybeast.com/articles/2014/02/20/hate-crime-victimization-statistics-show-rise-in-anti-hispanic-crime.html Indiana is one of the few states that doesn’t have a specific hate crimes law—although there have been proposals to change that in the state legislature as recently as this year. http://www.indianapolisrecorder.com/news/article_d06bc77c-a7d3-11e4-8b27-1fa8df8c1d84.html However, this doesn’t mean that the person who fired those shots this weekend will be off the hook—police and prosecutors can still investigate and prosecute the criminal actions of a perpetrator without a special law to address the hateful motivation.
Victims of violent hate crimes who have cooperated with law enforcement in spite of being undocumented may be able to benefit from the U-visa—like these hate crime victims in San Francisco http://www.sfweekly.com/thesnitch/2011/03/17/illegal-immigrants-more-hate-crime-victims-could-get-visas If you or someone you know has been the victim of a hate crime or another serious crime and is interested in evaluating the possibility of the U-visa, contact our office today—317-843-2606.
by admin | Aug 28, 2015 | Employment Law, Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
Recently the US Department of Labor posted a story on their Facebook page about a temporary worker who was crushed to death on the first day of his job at a bottling facility.
In 2013, The Occupational Safety and Health Administration announced an initiative to improve safety conditions for temporary workers.
When a worker is employed by a temporary agency and is assigned to a specific host employer, both the agency and the host have responsibilities to ensure the safety of employees. https://www.osha.gov/temp_workers/ Unfortunately many temporary workers are injured on the job, some on their first day as in the case of the worker in the bottling facility.
The attorneys of Goodin Abernathy LLP have experience representing injured temporary workers when they are injured on the job. Even if it was your first day or first week on the job site you have rights as an employee in Indiana if you are injured on-the-job– even if you are a temporary employee. Many of our Spanish-speaking clients work for temporary agencies and have suffered injuries at work. These cases present unique circumstances and challenges for workers. If you have been injured while employed by a staffing agency and have questions, don’t hesitate to call us—317-843-2606.
by Jim Browne | Aug 27, 2015 | Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
A Hispanic worker was cooked alive at his job in a tuna factory. Legal penalties were ordered for the dangerous acts of the man’s co-workers and the factory management. http://www.usatoday.com/story/news/nation/2015/08/13/bumble-bee-forced-pay-6m-worker-cooked-alive/31620881/
Indiana’s Worker’s Compensation laws control injury and death claims when workers suffer factory deaths or serious injury. This website answers many common questions injured workers have regarding their claims. http://www.in.gov/wcb/2382.htm Undocumented Latino workers can legally claim medical costs and disability benefits in Indiana. In certain cases, they can also sue general contractors, property owners or other service providers for negligence. Unfortunately, many Spanish speaking Hispanics do not know that Indiana’s worker’s compensation laws protect them.
Our attorneys speak Spanish and many of our Goodin Abernathy LLP clients are Latino. Since many employers and their insurance companies try to avoid paying the benefits legally required for job accidents, our experienced attorneys fight for their legal rights. We evaluate settlement offers and push for reasonable awards.
We have represented injured workers throughout Indiana with injuries like: A burned foot when a cleaner stepped in hot oil; amputated fingers and hands when workers get their hands stuck in machines; broken backs where workers fall or get crushed at construction projects; brain injuries from head trauma after falling or getting hit by construction materials. Also, our attorneys successfully handled cases for workers trapped inside large machinery and furnaces, like the man killed at the tuna plant in the story selected above.
Many of our Hispanic clients are worried about their immigration status. Many of their legitimate claims go unreported because a worker does not believe the law protects them. Contact us. The Goodin Abernathy LLP attorneys explain the benefits Hispanic workers can legally recover – regardless of their immigration status. Call us today for a free Spanish consultation.
