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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. Legalmente Hablando Indy 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 / Legalmente Hablando Indy’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 – Legalmente Hablando Indy 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 – Legalmente Hablando Indy – 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/

Legalmente Hablando Indy 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 Legalmente Hablando Indy 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.

Can the Government or My Employer Require I Receive the COVID-19 Vaccine?


It is December 17, 2020, and this week was the beginning of vaccine distribution in the United States.

Many people are asking, “Can the government or my employer require me to get the Covid-19 Vaccine?

The simple answer is YES, but the likelihood of that happening is going to depend on a lot of factors, and it is not likely that the FEDERAL government would issue such a mandate.

Historically, states have had the right to mandate vaccines in order to ensure safety of the public. However, experts believe that it is very unlikely it will happen.

What is more likely is that employers and states will condition return or access to workplaces, public schools and universities upon getting the vaccine. Currently, all 50 states and Washington DC have laws requiring certain vaccines for students, but there are exceptions for personal, moral or other beliefs.

The industries most likely to mandate vaccines are going to be those most at risk for contracting the disease, such as those who work in HEALTHCARE, EDUCATION, PUBLIC SAFETY. Another important factor will be: AVAILABILITY OF VACCINE.

Currently, the available Coronavirus vaccines have been given Emergency Use Authorization (EUA) by the FDA. By the time the vaccines receive full FDA approval, which could take months. A lot will depend on how widespread the current vaccine has been distributed.

It is not clear if employers could legally mandate a vaccine that is only approved for Emergency Use. However, it would be very unusual to mandate a vaccine that has not been fully licensed and approved by the FDA. Right now, the consensus seems to be to encourage as many people as possible to voluntarily receive the vaccine. Assuming large numbers of people get vaccinated, there is a much less likely chance that there will be mandates by states or employers.

On the other hand, once the vaccine is approved by the FDA, if the number of people vaccinated is still too low to be effective, AND there is an available supply of the vaccine, we should probably expect to see some mandates.

As with any vaccine, there will be exceptions to those mandates; for example: pregnant women, people with disabilities, or those who hold deeply-rooted religious convictions.

So, what does that mean for you? To be vaccinated is a personal decision for each of us. I can tell you that I will be volunteering to get the vaccine as soon as it becomes available, and I look forward to putting an end to this deadly disease.

If you have questions about the vaccine as it relates to your employment, please feel free to contact me, Chip Clark, for a free consultation.

Also see, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

Safety While Commuting on the Monon Trail

Safety While Commuting on the Monon Trail

It can be difficult sometimes to stay positive during the current COVID-19 crisis. However, experts recommend that it is not only good for our physical health, but also our mental health to get outside and exercise. With the decrease in motor vehicle traffic, many people are riding their bikes for exercise and enjoyment. In fact, the current pandemic has led to a tremendous surge in bicycle sales around the globe. If you have been shopping for a new bike lately you will know what I am talking about. We have a wonderful system of shared paths here in Central Indiana. As more and more people are using these paths, it is up to each of us to ensure that they are safe for all users and avoid personal and bicycle accidents or injuries whenever possible.

Passing safety on biking & walking trailsI have always enjoyed cycling, but had fallen away from the activity until recently. The pandemic has allowed me to renew my love for cycling, and I have used this as an opportunity to ride more frequently. I try to ride to work 2-3 days per week, as my schedule allows. With the Courts being closed to the public, and most hearings taking place via phone call or Zoom, I have not needed to wear a suit and tie every day. My current commute is about 25 miles round trip. This takes me about 1 hour each way, and I have found that my rides to and from work are a great way to relieve stress, enjoy the outdoors, and save a little money on gas.

Most of my commute is on shared paths, used by both cyclists and pedestrians, which allows me to avoid interaction with motor vehicles, for the most part. However, most of the accidents and close calls that I have observed were between two bicyclists or bicyclists and pedestrians.

The most common mishaps that I have observed can usually be narrowed down to 3 things: 1. Bicyclists riding too fast for the conditions; 2. Pedestrians who move suddenly out of their lane and in to the path of bicycle that they don’t know is approaching, and 3. Confusion between bicyclists and motorists at the intersections of shared paths and roadways.

I ride a relatively slow, fat-tired bike, with an average speed of 12-14 miles per hour. In my opinion, this is plenty fast for shared trails. To go faster than that in an area where pedestrians are walking is just a recipe for disaster. There are places on the Monon Trail, for example, where cyclists can go faster than that, but when there are crowds of people running and walking and crossing the trail, it is simply not safe.

The other danger that I have observed is cyclists overtaking pedestrians without warning them of their approach. In 2016, the Indiana Legislature removed the requirement at I.C. 9-21-11-8, that all bikes must be equipped with an audible signal device, that can be heard from a distance of 100 feet, such as a bell. I think this was a mistake. A simple bike bell is an easy way to alert others, particularly pedestrians, that you are passing them. In my experience, most pedestrians who walk on shared paths, appreciate the signal that a bike is approaching and will be passing them. Most pedestrians will usually give a hand signal that they heard the bell, and many will even say, “Thank you,” as I pass. Many people walk with their children and their pets. An audible bell gives them a heads up to keep their kids or their pets close as a bicycle passes.

Some pedestrians who are not as familiar with walking on shared paths may be startled by an audible bell. I have observed pedestrians jump upon hearing the bell, or quickly move out of the way. I have observed pedestrians turn suddenly, which can cause them to inadvertently move left and into the path of the cyclist. This can be dangerous. Just last week, I saw a runner, who had reached the point in her run where she was going to turn around and go the other direction. She quickly turned around just as a bicycle was overtaking her. The cyclist did not have a bell to alert his presence. The bell is only to alert pedestrians so that they know a bicycle will be passing on their left. It is not a call to get out of the way, or to even change your course in any way. If more cyclists used a bell, I believe pedestrians would be more attuned, and travel on our shared paths would be even safer. If you are walking on the trail, it is always a good idea to move to the right of the trail before stopping, and look both ways before crossing the trail and reversing direction.

Lastly, there is a lot of confusion about what motorists and cyclists are supposed to do when the shared path intersects with vehicular traffic. If you spend any time on Nextdoor, you will see raging debates about who should stop and when. Everyone needs to follow the rules of the road whether you be driving a car or riding a bicycle. All bikes and motor vehicles should heed the signs that pertain to them at each individual intersection. Bikes and pedestrians are required to stop and make sure the intersection is clear of vehicle traffic before proceeding. If there is a flashing yellow light, motorists need to be prepared to stop to allow pedestrians to cross. Usually, motor vehicle drivers will stop for a flashing yellow light if they see bikes or pedestrians waiting to cross. Always make sure it is safe to proceed before riding your bike across vehicular traffic.

If everyone takes a moment to make sure that their bike is functioning properly, and we all pay attention to the rules of the road, our great system of trails will be safer for everyone. Now get outside and ride your bike!

Chip Clark is a partner at Goodin Abernathy, LLP where he specializes in representing clients who have been injured in personal injury accidents. You can follow him on Instagram at @ChipClarkIndy

Business Interruption During COVID-19 & Commercial Insurance

Business Interruption During COVID-19 & Commercial Insurance

The economic impact on small businesses due to COVID-19 is undeniable. Further, the uncertainty surrounding the length of the shut-down and the availability of funds for relief loans has left many business owners wondering whether the business interruption coverage in their commercial general liability policy will provide coverage to offset financial losses incurred. Politicians in Washington have asked insurers to justify the refusal to pay out claims, and already class action lawsuits are being filed around the country against insurance companies.

When assessing whether business interruption coverage in a commercial general liability insurance policy applies to economic losses caused by COVID-19, the answer is—it depends on the particular policy. Generally speaking, however, most business interruption clauses require the loss of business income to be caused by direct physical loss or damage to the property that prevents the business from operating. Although it appears the COVID-19 virus can survive on surfaces for up to five (5) days, it is doubtful that this phenomenon would qualify as direct physical loss or damage to the property or be of sufficient duration to trigger most insurance clauses. In addition, many commercial general liability insurance policies exclude coverage for losses caused by viral contamination.
On the contrary, it is possible that the specific wording and coverages in any particular policy may provide coverage. For example, businesses operating in the food service industry or the hospitality industry may have specific clauses in their respective insurance policies that relate to losses caused by viruses or alternative business interruption losses like event cancellations. Consequently, all business owners who have sustained financial losses due to COVID-19 are encouraged to examine their insurance contracts.

If you need legal assistance in these matters, please contact us for a free initial legal consultation.