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When a Driver Without Insurance Hits You

When a Driver Without Insurance Hits You

The “S” family was driving together when another vehicle hit them. During this auto accident, their vehicle flipped, causing the “S” family various injuries. They were taken by ambulance to the hospital and required medical treatment for months after the accident. Their medical bills grew large, but the driver who caused the accident did not have insurance to cover the damages.S family photo - personal injury case, handled by GoodinAbernathy.com in Indianapolis

The personal injury attorneys at Goodin Abernathy LLP are experienced in this area of the law. The “S” family was smart – they were driving with an insurance policy that covered them if an “uninsured” driver caused their damages. The legal team at Goodin Abernathy collected the “S” family’s insurance policy and handled their claims. The “S” family did not need to negotiate directly with their own insurance company or the hospital. The Goodin Abernathy LLP personal injury attorneys handle this work for their clients.

The hospital filed liens to collect any money paid to the “S” family – even from their own insurance company. Goodin Abernathy’s attorneys communicated with the hospital and simply negotiated a distribution of insurance proceeds that left everyone involved satisfied.

This case was complicated due to the insurance policy terms and hospital lien. If someone you know is injured in an automobile accident, contact us for answers to questions about insurance and medical bills. The Goodin Abernathy LLP attorneys first try to resolve the claims through settlement – but take cases to court and present them to juries if and when necessary. Our goal is to optimize your recovery by paying attention to each client’s individual interests.

Contact our Spanish speaking attorneys today at (317)574-3090 or 1(800) 625-4710.

Porch Collapse – Wrongful Death – Premises Liability

Porch Collapse – Wrongful Death – Premises Liability

The news of the tragic death of pizza delivery driver when a porch collapses, Billy Fields, last weekend in Connersville is a graphic reminder of the dangers faced by delivery drivers across Indiana and the United States. No criminal charged or wrongful death charged were claimed. See the news story from Fox59 here.

With an increase in food and goods being delivered directly to people’s doors, it is a stark reminder to homeowners of their responsibility to keep their premises safe for invitees on their property. If the homeowners knew or should have known of the danger presented by this porch, then they can be held responsible for the damages that they have caused this driver’s family. Mr. Fields leaves behind a 13-year-old daughter.

Our partner, Jim Browne, recently represented the family of a delivery driver who was killed in a similar porch collapse in Marion, Indiana. In that case, a UPS delivery driver was killed when he stepped on to a porch that collapsed, trapping him under the concrete. We immediately employed a structural engineer who was able to determine that the porch was dangerous. We were also able to determine that the homeowner knew the dangerous condition of the porch, yet they failed to warn invitees to their property of the danger.

While no amount of money can replace a loved one, we were able to obtain a significant financial settlement on behalf of the family. These cases require quick action as they often require expert witnesses to review the accident scene before evidence is destroyed.

If you or a loved one has been injured or killed while delivering on someone’s property, call us for a free consultation.

Photo by Reba Spike on Unsplash

Why Are So Many People Dying Preventable Deaths in Indiana Prisons?

Why Are So Many People Dying Preventable Deaths in Indiana Prisons?

This blog contains discussions of suicide. If you or someone you know may be struggling with suicidal thoughts, please call the suicide prevention hotline at 800.273.8255.

There’s only one place in America where basic healthcare is an undeniable right; that’s prison. Since the incarcerated have no opportunity to seek out healthcare on their own, they rely on the 8th amendment to get the minimum standard of medical care they need. The 8th amendment of the Constitution protects the incarcerated from cruel and unusual punishment, enabling them to receive medical care while behind bars—as being literally locked up without access to medical care is be deemed both cruel and unusual. What’s truly cruel and unusual; however, is the rate at which inmates are dying in Indiana prisons.

Those of you local to Indianapolis may have seen an article in the Indy Star recently highlighting the horrifying statistics related to inmate suicide. Here is what the Indy Star reporters found:

• Since 2010, 125 people have died by suicide in Indiana prisons. That is 42% of all in-prison fatalities, exceeding the national average of 30% and making suicide the leading cause of death.

• 2020 was the worse year for jail suicides in Indiana with 18 total deaths. This is triple the number who died in 2010.

• At least 76% of the suicides occurred in jails that were found by state inspectors to be overcrowded, understaffed, or both—conditions that make it hard to identify and monitor people who might be at risk of suicide.

• 82% of the people were being held pretrial and had not yet had their day in court

• At least 20% of the suicides involved people who jailers should have known, or did know, were suicidal. Some told jailers they had considered suicide or were on suicide watch. Several had even made, and survived, prior attempts to harm themselves in jail. Others were captured on surveillance video making a noose or other preparations.

• More than 40% of the suicides happened within a week of the person being booked into jail. Nearly one in 10 occurred within a person’s first 48 hours behind bars.

• As many as 80% of the roughly 20,000 Hoosiers in Indiana’s county jails are struggling with mental health or substance abuse issues.

Being behind bars is overwhelming. It creates extreme anxiety, stress, and fear with research showing that people in prison are more than twice as likely to die by suicide than a person who is not incarcerated. These facts paint a clear picture. Careful evaluation and close monitoring of those entering prison is critical to inmate safety.

According to the Indy Star, new corrections officers in Indiana are required to attend only 8 hours of state-mandated training specifically focused on suicide and mental health. State law also allows new officers to work as long as a year before receiving that training. Suicidal prisoners are supposed to be checked every 15 minutes. In many facilities, this doesn’t occur and the reasoning is astounding.

Prisons are grossly overcrowded and understaffed leading to inadequate prisoner to staff ratios and a virtual impossibility of meeting the every 15 minute check in rule for inmates at risk for self-harm. Corrections officers are also inadequately trained in the area of mental health. More social workers are needed—licensed mental health professionals that adequately evaluate and recommend the safest course of action in dealing with suicidal inmates. Greater efficiency in prescription medication requests and access to psychiatric care is imperative in adequately treating the mental ill behind bars, a larger staff with access to more video surveillance technology in special padded cells designed to protect the mentally ill and suicidal along with stricter adherence to suicide protocols such as the every 15 minute check in and other state mandated procedures.

If rules are expected to be followed on the outside to avoid landing behind bars, the rules need to be followed on the inside as well. As Lindsay Hayes says, a researcher of suicides in jails and prisons for over 40 years, “preserving life is our moral and legal responsibility. Everyone who dies in our jails could have been our son or daughter, our brother or sister, our loved one, our friend.”

As construction continues on the new Community Justice Campus, the replacement for Indianapolis’ Marion County Jail 1, we at Goodin Abernathy hope that all non-clinical personnel get the training they need to better recognize and react to suicidal and mentally ill inmates. We also hope that those incarcerated get the medical and mental health services they so fervently require.

If you or someone you know may be struggling with suicidal thoughts, please call the suicide prevention hotline at 800.273.8255.

Farming Accidents in Indiana

Farming Accidents in Indiana

Why You Need to be Represented by the Attorneys of Goodin Abernathy LLP for Farming Accidents in Indiana

The Goodin Abernathy LLP trial attorneys are experienced with helping farm and field workers who suffer serious injuries in farming accidents. As Indiana’s harvest season begins, now is the time to use extra caution working in the fields and driving through the countryside.

The Hoosier State is ranked 10th nationally in total agricultural production and ranked in the top five states for crop production like corn and soybeans. It’s also ranked fifth in the nation for swine production and third for poultry. (https://farmflavor.com/indiana-agriculture/) With this high volume of production, numerous workers and large farm machinery are active daily in the fields of Indiana’s farms. Because of this heavy equipment, agriculture is a hazardous industry. Farmers are at a high risk for fatal and serious farm accident injuries. (https://www.cdc.gov/niosh/topics/aginjury/) These injuries are gruesome and can have long lasting effects. Over the years, Goodin Abernathy LLP’s personal injury attorneys have represented farm hands throughout Indiana, helping them understand the legal system and fighting to make sure they collect the legal benefits or damages they deserve following serious accidents.

Our initial consultations are free. More importantly, since each client’s farming accident experience is unique; Goodin Abernathy LLP does not charge a set contingency fee. Our fees depend on the level of legal work your claim requires. When meeting with us for the first time, no one will pressure you to sign a fee agreement or make any decisions right away. We prefer in-person initial consultations. If time and distance are a barrier for out of state clients, we handle video conferencing and telephone conferences at convenient times, all days of the week.

Goodin Abernathy LLP attorneys handle farming accident cases for injured clients and their families from all across the country. If the accident happened in Indiana, Goodin Abernathy LLP attorneys know the law. We handle state and federal lawsuits and are proficient at holding those responsible accountable for their negligence.

Since fall is when the harvest takes place, more accidents occur during this time of year. Most farm operations own and run their own semi trucks for hauling grain. Thus, more big trucks are driving throughout the countryside on state and country roads increasing possibilities that trucking accidents can occur. Grain trucks, filled full of heavy grain, are harder to stop. They can also enter the road at unmarked points during the day or night. Many do not have the proper, legally mandated, reflectors and lights. Some of these farm vehicles are even left on the side of the road without the proper materials to make them visible to other traffic on the road. Big farm machinery can also hit or run over workers in the field—especially those attempting to load produce.

Machinery accidents only allot for a portion of farming accidents. Here are some of the other accidents the attorneys of Goodin Abernathy LLP have handled:

  • a dairy farm hand who slipped in cold, frozen mud and fell into a manure pit where he died from toxic fume exposure;
  • a young teen who was working as a temporary farm hand and put his hand in an auger to dislodge material when the machine started running again and mangled his hand;
  • silo accidents where young or untrained farm hands get sucked into huge amounts of grain.

Goodin Abernathy LLP attorneys also realize that many of Indiana’s agricultural workers come from out of state or even out of the country. In fact, 73% of America’s farming labor force is comprised of migrant workers.

If you are injured in Indiana, Goodin Abernathy LLP is the firm to represent you. When Goodin Abernathy LLP attorneys take a farming accident case, we grab it hands-on and work to collect the details that accurately describe how and why the accident happened. Our experience handling medical testimony, using top quality experts and showing a jury the anatomy of an injury is just as important as our experience investigating accidents. We have the skills necessary to represent you, and the attorneys of Goodin Abernathy LLP CARE ABOUT OUR CLIENTS.

Goodin Abernathy LLP also offers all of these services, in Spanish, to the Indiana Latino community. Marca aquí por un versíon en Español – Legalmente Hablando Indy.

Indiana law allows farms to cover cases under Indiana Worker’s Compensation law or face a potential negligence claim. Worker’s compensation should provide you with medical, rehabilitation and income benefits if you are injured on the job. These benefits are provided to help injured workers return to work. It also provides benefits to the worker’s dependents if they die as the result of a job-related injury. The attorneys are Goodin Abernathy LLC understand the legal intricacies of farming accidents claims. We care about you and your families and are ready to help you fight for the maximum amount of compensation allowable by law.

Let Goodin Abernathy LLP guide you through your legal claim. We walk beside you through the entire process handling your case with the care and attention you deserve. We want to get to know you, discuss the legal process, provide you the opportunity to ask questions and explain our fee structure. Reach out to Goodin Abernathy LLP and let us show you how we set ourselves apart from other attorneys. Experience the care, wisdom, and experience Goodin Abernathy LLP has to offer by calling 317.843.2606 today for your free consultation.

 

 

Photo by Spencer Pugh on Unsplash

Indiana Trucking Accidents

Indiana Trucking Accidents

Why Experience Matters & Why You Should Hire Goodin Abernathy LLP Attorneys For Your Trucking Accident Case

The Goodin Abernathy LLP trial attorneys are sharp at prosecuting Indiana negligence claims involving semi-trucks and serious injuries. Many of our clients, who live out of state, suffer accidents in Indiana and need reliable legal representation. If you want personal attention by an Indiana attorney that excels in the courtroom, then contact Goodin Abernathy LLP because we are real attorneys who CARE ABOUT OUR CLIENTS.

Our initial consultations are free. More importantly, since each client’s truck accident experience is unique, Goodin Abernathy LLP does not charge a set contingency fee. Our fees depend on the level of legal work your claim requires. When meeting with us for the first time, no one will pressure you to sign a fee agreement or make any decisions right away. We prefer in person initial consultations. If time and distance are a barrier for out of state clients, we handle video conferencing and telephone conferences at convenient times, all days of the week.

Before you read any more, consider this: If you are attracted to a big box law firm, with a flashy commercial campaign and marketing gimmick, where the named attorney does not even handle your case or go to court, then we are not your firm. Goodin Abernathy LLP attorneys stick to a traditional “attorney and client relationship” – where you have direct access to the attorney, paralegal and staff who actually represents you. If this is the legal care and trust you want, then keep reading.

Indiana is known as the Crossroads of America and handles a huge volume of interstate traffic. Over the road semi-trucks pass through our state every minute – working to stock our shelves with food and keep the economy running. But sometimes those truckers make mistakes. From the congested Terre Haute section of I-70 over to the hills and bridges of I-74 near Cincinnati; along the I-65 pressure exchanges near Louisville, driving through the stop and go traffic of Indianapolis and up to the incredible volume and speeds of I-90, I-64 and I-65 corridor through the Indiana Region, Goodin Abernathy LLP takes the time to investigate cases as if they occurred in our own parking lot.

Some trucking accidents are caused by innocent mistakes with small damages. Other Indiana trucking accidents are horrific, resulting in death, paralysis that forever change lives. Often these accidents are caused by truck driver inattention, fatigue or plain risky driving. These are the cases Goodin Abernathy LLP’s attorneys aggressively handle.

Goodin Abernathy LLP attorneys handle personal injury cases for injured clients and their families from all across the country. If the accident happened in Indiana, Goodin Abernathy LLP attorneys know the law. We handle state and federal lawsuits involving trucking companies and drivers from all around the United States. We are proficient at holding trucking companies and drivers accountable for their negligence. Since trucking companies are structured for financial profit, the companies must also be prepared to pay for damages they cause.

Semi-trucks are gigantic and extremely heavy. When you mix their speed and weight with the consequences of driver inattention, faulty maintenance or driver fatigue, it creates a deadly recipe. The most common truck accidents we handle include rear end collisions, head-on collisions, jackknifes and rollovers. On the highway, these trucking accidents usually involve multi car pileups and cause problems for the police re-construction experts to evaluate. When Goodin Abernathy LLP attorneys take a trucking case, we grab it hands on and work to collect the details that accurately describe how and why the accident happened. This includes interviewing the investigating police, contacting other drivers that witnessed the incident and hiring qualified experts to report on safety violations. We also use reconstruction experts who describe why the collisions occurred with diagrams, photos and video production.

Big trucks cause big accidents and big injuries. Many of our cases involve fatalities, brain trauma, spinal cord injuries and amputations. Highway collisions, like under-ride and override accidents are the most likely to cause fatal injuries, severe brain or spinal trauma, often leading to permanent damage or paralysis. Our experience handling medical testimony, using top quality experts and showing a jury the anatomy of an injury is just as important as our experience investigating accidents.

The scope of injury isn’t the only thing larger than normal in a trucking accident. The claim process itself is much more rigorous. More people are involved than in your typical motor vehicle accident. Since trucking companies often have greater financial resources than the common driver, they create legal headaches for injured drivers and families. That is why hiring an experienced truck accident attorney is so important.

The attorneys at Goodin Abernathy LLP understand the legal intricacies of collecting evidence and using it in the courtroom. As important as our legal abilities is the fact that WE CARE ABOUT OUR CLIENTS.

Trucking accidents are complicated. Let Goodin Abernathy LLP guide you through a legal claim. We walk beside you through the entire process handling your case with the care and attention you deserve. We want to get to know you, discuss the legal process, provide you the opportunity to ask questions and explain our fee structure. Reach out to Goodin Abernathy LLP and let us show you how we set ourselves apart from other attorneys. Experience the care, wisdom, and experience Goodin Abernathy LLP has to offer by calling 317.843.2606 today for your free consultation.

 

Photo by Stephen Tafra on Unsplash

Wrongful Death Claims In Indiana & Repatriation: Sending a Loved One’s Body to Mexico for Burial

Wrongful Death Claims In Indiana & Repatriation: Sending a Loved One’s Body to Mexico for Burial

We know losing loved ones is sad and very stressful. The COVID Pandemic has been hitting my Hispanic client base hard and causing a lot of heartache. Other cases we see involve “wrongful death” or negligent death claims. Goodin Abernathy LLP focuses on prosecuting these claims. The law allows loved ones to pursue financial damages when their family members die in work accidents or due to the negligence of others. These legal theories are known as an Indiana Worker’s Compensation claim or a negligent death / “Wrongful Death” claim. The law controlling each these claims are very different and it is important that families use Goodin Abernathy’s legal services to prosecute the actions.

When one dies, the damages generally include a lifetime of financial income. This greatly impacts the families that were relying on that support. Legalmente Hablando Indy makes sure the lost income is correctly calculated under the law. Plus, we pursue other damages allowed under the law. Neither the citizenship of the decedent or their remaining families matters – Goodin Abernathy will represent them to the fullest extent of the law.

In the course of handling wrongful death and work accident claims for my Hispanic clients, many families send their loved ones back to Mexico for burial. My law office – Goodin Abernathy LLP helps those families communicate with consulates and local government. We are experienced working with morticians, the local Consulate and other services to coordinate these transfers. Technically, the action of returning a body or remains of a deceased loved one is called “repatriation”. Government Consulate offices, like the Mexican Consulate in Indianapolis, are a starting point. https://consulmex.sre.gob.mx/indianapolis/

Families should also be ready to work with the morgue and local government for handling the process. My law office communicates with the county health department and other services to manage transportation to a final resting place. I find most families appreciate the sense of confidence that things are being handled correctly when my firm supplies this support. Here is a guide for information specific to using Mexico’s process. https://www.gob.mx/cms/uploads/attachment/file/548418/Gu_a_para_el_traslado_de_restos_o_cenizas.pdf You’ll also find general information about the process in this article. https://www.azcentral.com/story/noticias/2020/04/17/como-repatriar-cuerpo-cadaver-estados-unidos-hacia-mexico/5124133002/

Goodin Abernathy and attorney Jim Browne personally handles your case. We speak Spanish and you meet with us personally. Unlike many TV and billboard advertisers, you actually meet with attorney Jim Browne and he handles your case. Recently, we have handled death cases involving work accidents in construction projects, delivery services and an attack at business. Each of the families that hired us benefit from a team of experienced legal professionals that truly care about their cases.

If your friend, loved one or family member is injured or killed, contact attorney Jim Browne and the Goodin Abernathy law team. Listen to how we care and what we will do seeking justice for your loved one. Learn more about us on this website or our Facebook site.