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.
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.
The Americans with Disabilities Act (ADA) is “one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream American life – to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services.” (www.ada.gov)
Marlo Spaeth is one of these people. Marlo, a seasoned Walmart employee of 16 years, has Down Syndrome. Marlo’s schedule at the retail giant followed the same pattern for years—until Walmart decided to alter it. The change caused hardships for Marlo, who requested that Walmart change her schedule back to its original pattern. Marlo’s mother and sister also spoke to Walmart on her behalf, encouraging the company to grant Marlo’s request alleviating the hardships caused by the schedule change. Walmart refused. Marlo had difficulty adjusting to the new schedule, which lead to increased absenteeism and, eventually, her termination. (EEOC v.Wal-Mart Stores East, E.D. Wis.,No. 1:17-cv-00070 (E.D. Wis. 2021))
The ADA requires that employers provide “reasonable accommodations” for a worker’s disability. Marlo Spaeth was asking that her schedule be altered back to her original shift—a change of 60-90 minutes at the beginning and end of her shift. When Marlo was working her original schedule, she received “consistently positive reviews and feedback from her managers.” This led the US Equal Employment Opportunity Commission (EEOC) to believe Walmart “failed to provide reasonable accommodations” to Marlo, eventually firing her “due to her disability.” (Ryskamp, Dani Alexis, Jury Decides Walmart Must Pay Over $125 Million in Disability Discrimination Case, www.expertinstitute.com, July 29, 2021)
The EEOC sued Walmart on Marlo’s behalf, winning a judgment in excess of $125 million dollars. The judge has altered that amount according to federal statutory maximums, and Marlo Spaeth waits to hear the final amount of her settlement—which should include amounts to cover Marlo’s lost wages, litigation costs, and interest.
Have you or someone you know lost a job or not been considered for a position due to a disability? Have you recently been diagnosed with a disability and believe you may be entitled to Social Security Disability Insurance Benefits (SSD/SSDI) or Supplemental Social Security Income (SSI)? Do you have a child with a disability or special needs? The lawyers at Goodin Abernathy can help.
Applying for disability can be frustrating. The process takes a long time and oftentimes first time applicants are denied. Do you need someone to help walk you through the appeals process? Represent you in a hearing before an Administrative Law Judge? You don’t have to attempt this difficult process alone. Call Goodin Abernathy today for a Free Consultation.
Many clients visit or call asking me to evaluate problematic business contracts or rental agreements. Often my they are surprised about what the contract terms actually mean. Worse, there are times we discover the contract or other party’s promises are fraudulent.
Please learn this lesson from my experience with so many clients: Don’t be cheap at the beginning of a deal – Visit me, Lic. Jim Browne, to review the business contract, home purchase or lease before you sign it.
At Goodin Abernathy / Legalmente Hablendo Indy, many of our Hispanic clients admit they wanted to avoid using an attorney to save money. I understand that idea – it’s reasonable to think that way. But ALL those same clients acknowledge that if they spent a little money for a legal review before entering their agreement, it would have saved them a lot of frustration, time and money.
Rent-to-Own Agreements
Many Latinos enter Rent-to-Own contracts with the idea they are slowly buying their house. The concept, as they understand, uses their rent money to pay off the house. (https://ankormusic.com/) Before signing one of these agreements, make sure the seller also legally owns the house. Do they have the legal authority to sell you the property? Last year I saw an example involving total fraud. The seller did not own the property and collected my client’s $6,000.00 down payment. When they tried to move in, the locks were changed so they contacted the seller. He lived out of state and they did not have his address. He wanted more money for them to move in. Surprisingly, the young couple paid more money. Then, the seller asked for even more money and that is what finally made them think it was a scam. You should meet the seller in person and have their address. If they do not live in the same town or state where you are buying the property, take further steps to verify the ownership. You can check the county government’s records to match the seller’s name with the property’s title. Check if there are other mortgages, liens or taxes owed on the property. If there are, you need to make sure the seller is paying those obligations. If not, the seller will have your money and the lender will keep your house. You can find more information about rent to own fraud here: What you need to know about rent-to-own deals. Then see me for a specific review of your situation.
Business Lease Agreements
Individuals and small companies usually rent office space. One type of rental agreement, or lease, includes the terms for a “Triple Net” obligation. This means the renter makes a monthly payment. Then, at the end of the year, the landlord charges the renter additional money for other costs like property taxes, insurance, mowing, maintenance repairs, snow removal and other costs. This usually amounts to three or four times the cost of the monthly rent. If my clients don’t pay, the landlord changes the locks and denies them access to their equipment or business supplies.
Kitchen Table Contracts
Frequently, individual sellers and buyers sign a short contract over the kitchen table. My buyers think the contract is sufficient to protect their financial investments. Usually the agreement fails to address equipment inventory, describe the payment plan or handle many other practical terms they should have requested for a reliable purchase. Rarely do kitchen table contracts succeed.
Loans to Friends and Family
Monthly we get calls where a client asks if he can legally collect the money he lent a friend or family member. The first question is – Did you put the loan in writing? If not, the borrower may try claiming it was a gift. Besides friends and family, I see this a lot with individuals trying to buy or start restaurants. They will invest money to become owners but not have a written agreement. Usually they lose their money and are left empty handed. Get a written loan agreement signed. It should have terms like the length of the loan, repayment plan, interest, penalties, default provisions and litigation costs.
Subcontractor Agreements
My clients who are subcontractors start jobs expecting to get paid. Sometimes, they do not ask for written terms and hope to get paid. During the job, they pay for materials and equipment, travel and the cost of their own workers. Then when the job is finished, the contractor that hired them claims the property owner or general contractor did not pay – and often that’s a lie. These contractors frequently disrespect my Hispanic clients, threatening litigation or immigration problems. I also see this a lot with apartment complexes. They hire my clients to paint, clean or remodel many, many units. The apartment managers change and the new managers avoid paying the money owed. Or, the apartment managers claim the work was poorly done.
You work hard for your money and envision improving a future for you and your family. Protect yourself against the risk of loss.
Paying for a legal review BEFORE you enter a contract protects you against much larger heartache and financial loss later. Our legal review will be simple and communicated in terms you understand. We will help you think through the contract language that protects your business. Then, if you need me, I’ll help you negotiate the contract for a better result.
Contact Attorney, Jim Browne, by phone at (317) 843-2606 or submit an e-mail inquiry through our website.
As temperatures and gas prices climb, many Indiana residents are taking to the road on their bicycles. Comprised of trails, parks, and the open road, the League of American Bicyclists considers Indiana the 24th most bicycle-friendly state. While bicycling can be great exercise and an enjoyable activity for people of all ages, accidents do happen. Luckily, Indiana law protects bicyclists the same way they protect drivers of motor vehicles. (IC 9-21-11-2) To help you avoid a bicycle accident, here is a list of Indiana Bicycle Regulations that you should know before hitting the road:
Follow the Rules: Bicyclists are required to follow all traffic laws applicable to motor vehicles. Failure to comply can even result in a traffic citation. (IC 9-21-11-2)
Where do I put my stuff?: If your bike has a cargo hold, like a basket or saddle bag, you may transport items inside. You cannot, however, carry any package or item on your bike that requires you to take both hands off the handlebars. (IC 9-21-11-7)
One seat, One Rider: Your bike can only transport the number of people for which it was designed. One seat equals one rider—no passengers on the handlebars. (IC 9-21-11-4)
White Light, Red Light: It’s important to see and be seen. From one half hour after sunset until one half hour before sunrise, the front of your bike must be affixed with a light that allows the road to be visible for 500 feet in front of you. This light must be white. During that same timeframe, the rear of your bike must have a reflector or light visible from a distance of 500 feet. This light/reflector must be red. (IC 9-21-11-9)
Can you hear me now?: This one may surprise you. Bicyclists are required to have a bell or audible device attached to their bike and the sound has to be able to be heard from 100 feet away. But, keep in mind, the device cannot be a whistle or siren. (IC 9-21-11-8)
Your Duty to Care: Motor vehicle drivers and bicyclists alike owe what’s called a duty of care to both pedestrians and other motorists/bicyclists. What this means is motor vehicle drivers are required to watch out for pedestrians and bicyclists, and exercise care to avoid collisions. Bicyclists are required to do the same for motor vehicle drivers and pedestrians. (IC 9-21-8-37)
Now that we know the rules, let’s check out what the Indiana State Police say about staying safe (https://www.in.gov/isp/2969.htm):
Wear a properly fitted helmet every time you ride
Check your bicycle for safety. Use the ABC quick check:
Air – check your tire’s air pressure,
Brakes – check brakes to make sure they work,
Chain – make sure it is tight and oiled
Learn and follow the rules of the road; among the most important is always ride in the same direction as traffic.
Be seen by other road users. Wear bright clothing during the day and wear reflective materials on your body or equipment at night.
Stay alert
Bicycling is a summertime rite of passage, but it can be dangerous. No matter how closely we follow the rules and adhere to safety precautions, bicycle accidents do happen—and the resulting injuries can be catastrophic and expensive. If the actions of a negligent motorist or a defect with your bike have resulted in an injury for you or a loved one, you have rights. Contact Goodin Abernathy, LLP to explore your options.
Spring and summer are the most popular times for first-time home buyers to purchase their first house. It is also a popular time for current homeowners to upgrade or downsize depending upon their needs.
In Indiana, there is no requirement that a lawyer be involved with a real estate purchase. Most of the time there will not be a reason to involve another professional beyond your Realtor, Loan Officer, and Title Company. But what about those times when something does not feel right about the title work, home inspection, or closing documents? What if you are buying the property from via a For-Sale-By-Owner transaction? What exactly are all of the documents you will sign at closing?
At any point during a real estate closing from before signing the purchase agreement through closing, if you are uncomfortable or concerned, do not hesitate to contact Goodin Abernathy, LLP. Purchasing a home is one of the most exciting, but stressful times of a person’s life. We have the experience in resolving conflicts in real estate transactions and can sit down with you to discuss your concerns. Sometimes a simple discussion is needed, other times you may need one of our attorneys to become more involved.
