Important Information About Birth Control Recalls

One of the most common questions women ask about birth control is, “How effective will it be for me?” However, an even more important consideration is how it might affect your health. If you are currently taking contraceptives, whether oral, shot, patch, or intrauterine device, continue reading to learn some pertinent information regarding birth control medication recalls, as well as what to do if you have been harmed by your contraceptive medication in Indiana.

Product Recall Accident Lawyers Indiana 317-636-7497
Product Recall Accident Lawyers Indiana 317-636-7497

Options For Oral Contraceptives

According to an article published on verywellhealth.com by Dawn Stacey, PhD, LMHC, the popular birth control options today range in effectiveness from 71% to 99% depending on the type. One of the most prevalent kinds of birth control are oral contraceptives, also known as birth control pills (BCP’s), which come in a packaged filled with medicated and non-medicated (placebos) pills that a woman will take every day in a particular order.

Common Causes of Birth Control Recalls

Oral BCP’s, although popular and effective, can be mixed up during the manufacturing process. For instance, the factory can put the wrong number of active and inactive pills in a package or pack the pills in the wrong order. Such errors put women at higher risk of unplanned pregnancy. This was the case in 2012 when a popular birth control pill called Introvale was recalled when a woman noticed that the placebo pills were in the incorrect row of her package. These incorrect pill products were on the market for a total of 14 months before being recalled.

Additional Birth Control Recalls:

Norgestimate and Ethinyl Estradiol Glenmark Generics had to recall 7 batches of Norgestimate and Ethinyl Estradiol tablets in 2012 as a result of expiration date printing errors.

Lo/Ovral-28 and Norgestre and Ethinyl Estradiol The pharmaceutical company, Pfizer, was obligated to recall 14 lots of Lo/Ovral-28 tablets and generic norgestre and ethinyl estradiol tablets because the packages were suspected of containing the incorrect number of active and inactive pills, as well as incorrect orders.

Qualitest Pharmaceuticals Recalls Qualitest Pharmaceuticals was forced to recall several birth control products back in September of 2011 as a result of manufacturing packaging mix-ups. These products included:

Gildess FE
Cyclafem
Tri-Previfem
• Previfem
Emoquette
Orsythia

Yaz Birth Control

For years there have been concerns about the possible risks of blood clots when taking Yaz birth control pills. But despite the endless arguments and requests by consumer advocates to recall it, the FDA will not comply. Instead, they changed the labeling to warn women of the possible the risk of blood clots. As a result of the FDA’s refusal to recall Yaz, many believe there might be a class action lawsuit in the works against the manufacturer of Yaz, Bayer Pharmaceuticals.

To learn more about recalled birth control medications, visit the U.S. Food and Drug Administration (FDA) website. You may also follow @FDArecalls on Twitter or sign up to receive FDA notices of recalls via email, text, or RSS feed.

Did You Take a Recalled Medication?

If you believe you have taken a recalled birth control medication, your first step is to immediately contact your doctor for medical attention and treatment. From there, it is wise to learn your rights to compensation for the damages and losses you incurred as a result of taking recalled medication. Start by consulting with a seasoned Indiana civil litigator who specializes in product defects, recall claims, and class action lawsuits.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. Our Indiana civil litigators serve clients all throughout Indiana.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

When to Notify Social Security After a Loved One’s Death

After the death of a loved one, whether sudden or expected, families have hundreds of questions. These questions generally range from funeral planning and ceremonies to burials, obituaries, wrongful death lawsuits, and more. But one of the most common inquiries and concerns among the recently bereaved in regard to the death of a loved one involves Social Security. The legalities of death are sometimes confusing, especially while simultaneously grieving and coping with a loss, and even more so if the death was the fault of another.  

Continue below to learn what you need to know about contacting the Social Security Office after the death of a family member, and what to do if a negligent party was responsible for your loved one’s passing.

Wrongful Death Lawyers Indianapolis Indiana 317-636-7497
Wrongful Death Lawyers Indianapolis Indiana 317-636-7497

Contacting the Social Security Office

Social security must be notified of a person’s death, but many people are too emotionally overwhelmed to handle technical details like this when someone they love passes away. So, when someone dies, who should alert social security? The answer is both the funeral home hired as well as the bereaved.

Funeral directors commonly send out the initial death notification to the Social Security Office on behalf of the bereaved. In fact, they generally handle all the necessary filing for families grieving the loss of a loved one. Funeral directors are there to provide all the necessary and relevant services needed following the death of a family member, spouse, or child.  

Social Security and Survivor Benefits

Once the initial death notification is sent, it is important for families to then make the effort and call themselves as soon as they can, in order to obtain and provide additional necessary information. Families must consult Social Security to see if any benefits need to be returned, or if the surviving family members qualify for Survivor Benefits.

Wrongful Death Claims

If your loved one lost their life in an accident that was not their fault, but rather, the fault of another person or entity (manufacturer, government agency, company, etc.), you may claim payments through a wrongful death claim. Aside from being secured with your loved one’s Social Security benefits and related survivors’ benefits, you may also be entitled to compensation for your damages and losses.

Some common damages recovered wrongful death claims include hospital bills, medical expenses, lost work wages, funeral and burial costs, lost inheritance, lost future earnings, lost household income, mental anguish, emotional stress, loss of companionship, loss of parental guidance and care, loss of consortium (intimacy), reduced quality of life, and even legal fees.

It is critical to hire a skilled and experienced Indiana civil litigator to represent your wrongful death lawsuit. They will fight for your right to the maximum wrongful death settlement or Social Security verdict you and your surviving family deserve.

When you are looking for a wrongful death lawyer in Indiana, trust none other than Carl Brizzi, Attorney at Law. For a free case evaluation, contact us at 317-636-7497 as soon as possible. Our Indianapolis IN wrongful death lawyers serve clients all throughout Indiana.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to Prevent Child Injuries on Escalators

When you think back to your younger years, you may recall your fascination with escalators. Like most children, you likely thought of them as a fun carnival ride that you never had to wait in line or pay for. But now that you are a parent, you may cringe at the thought of your children playing on a moving staircase considering how dangerous they can be for an unsuspecting youngster.

If you and your beloved brood take regular trips to malls, airports, museums, and other venues that normally have moving staircases, it is wise to learn some tips that will help keep your children protected when using them. Continue reading to learn what you can do to prevent your children from suffering escalator injuries.

Escalator Accident Lawyers Indianapolis IN 317-636-7497
Escalator Accident Lawyers Indianapolis IN 317-636-7497

Escalator Accident Statistics in the U.S.

According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission, escalator accidents result in an average of 30 fatalities and 17,000 seriously injured victims, every year. Of these injuries and deaths, many of them (arguably half, but not technically proven) are children. Unfortunately, kids do love these mechanical staircases, which is why it is important to teach them proper safety.

Escalator Maintenance and Liability

The regulations surrounding maintenance and inspection of escalators vary from state to state. Most states place the liability in the hands of the property owner, obligating them to maintain safe and functional escalators, as well as, conducting the necessary inspections and checkups to guarantee this level of safety.

Escalators and Children Safety

It is suggested by the Consumer Product Safety Commission that nearly a quarter of all escalator accidents involve injuries to the hands and feet, including trapped shoes and shoelaces. When it comes to children, this rings true in many cases. Kids have had their fingers and toes trapped in the gaps between the treads, steps, and sides of escalators. When this happens, they can suffer serious cuts, disfigurement, and maiming.

 What You Can Do to Better Protect Your Children

Here are some helpful tips that will keep your family protected when using escalators and similar types of moving staircases or walkways:

Teach them to stand in the center of the step, rather than the sides. Keeping them away from the railings can help reduce the chances of getting their fingers and toes jammed inside the gaps.

Adjust or remove any loose clothing or accessories before stepping onto an escalator. Articles of clothing like scarves, long skirts and dresses, frayed hems, and more can get caught or tangled in the moving parts of an escalator.

Avoid using a moving staircase if your children are wearing flip flops, slip-ons, or other shoes that expose their toes or can easily cause tripping accidents.

If you are with very young children, such as toddlers or preschoolers, it is best to carry them when on an escalator. For older children, be sure to always hold their hand the entire time.

If your children have a fear of escalators, avoid using them altogether. Instead, opt for an elevator, standard staircase, or ramp.

Escalator Injury Claims for Children

Contact a seasoned Indianapolis personal injury lawyer for information about receiving compensation after your child has been seriously injured or killed by an escalator or moving staircase. They will tell you everything you need to know about making a child injury claim, and help you recover the full and fair compensation you deserve.

Was your child or teenager recently injured in an accident that was caused by another’s negligence or carelessness? Contact Carl Brizzi LAW at 317-636-7497 to make an Indiana personal injury claim for your child. We offer free initial consultations and never collect lawyer fees unless we prevail for you. We also do hospital and home visits for consultations.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Frequently Asked Questions About Motorcycle Accident Injury Claims

Because riders are more exposed compared to drivers in vehicles surrounded by a steel shell, motorcycle accidents are almost always serious. Whether you are a recreational rider who enjoys weekend trips with your fellow motorists or a daily rider whose primary vehicle is a motorcycle, it is wise to review some important facts about motorcycle accidents and injury claims in the unfortunate chance that you or a loved one is ever wrongfully hurt in a motorcycle collision with another vehicle.

Continue reading to review some frequently asked questions about motorcycle accident injury claims in Indiana, including where to find trusted legal assistance after a recent event.

Motorcycle Accident Lawyers Indianapolis IN 317-636-7497
Motorcycle Accident Lawyers Indianapolis IN 317-636-7497

Top Motorcycle Accident FAQS

What Should I Do After a Motorcycle Accident That Was Not My Fault?

As soon as you are involved in a motorcycle accident, your first priority is your health and safety. If someone has not already contacted emergency medical assistance, such as an ambulance or paramedics, try to call 911 yourself. When speaking with 911, ask to send police as well so you can make an official police report. This is a critical piece of evidence to support your innocence in the accident. If someone else contacted 911, call the police yourself and request an officer on the scene.

If you are capable, take as many pictures and videos as possible of the surroundings to document your accident. Evidence is important. Be sure to write down the other driver’s license and insurance information. It is also very wise to ask witnesses for their contact information.  If you are too injured to do any of this, you can ask a bystander or police officer for help.

Seek medical treatment at the scene, and then visit your family doctor for a more comprehensive review of your post-accident injuries. In the case of severe injuries, ride with the ambulance to the emergency room and receive medical treatment there until stable.

Once you are released or in stable condition in the hospital, contact an Indiana motorcycle accident lawyer to discuss your best course of action for pursing legal action against the party who caused your motorcycle accident.

Can I Sue the Negligent Driver Who Caused My Motorcycle Accident?

There are various factors that impact a wrongfully injured victim’s eligibility for pursing legal action against a negligent driver who caused their motorcycle accident. For this reason, it is necessary to consult with a seasoned personal injury lawyer who has experience with motorcycle accident claims in Indiana. They can offer you a free case evaluation and determine your best course of action for recovering damages after being wrongfully injured in a motorcycle accident.

How Much is My Motorcycle Accident Worth?

You can gauge the value of your claim to some degree by adding up all of your out-of-pocket expenses and financial losses that directly resulted from your motorcycle accident. Known as compensatory damages, examples include hospital bills, medical expenses, and lost paychecks. Depending on the specific details of your accident and subsequent injuries, you might be awarded non-compensatory damages, also known as non-economic damages, such as pain and suffering, permanent disability or disfigurement, loss of consortium, loss of ability to perform work duties, and so forth. To know for sure how much your motorcycle accident claim is worth, you must consult with a specialized motorcycle accident lawyer in Indiana.

Can I Recover Damages for My Motorcycle Accident if I Was Not Wearing a Helmet?

This is a top question asked among motorcycle accident survivors because most areas require helmets under law. Regardless of mandatory helmet laws, motorcycle accident victims who are wrongly injured due to another driver’s negligence will be entitled to sue for damages. The helmet does not play a role in the other driver’s negligence, and therefore, should not impact the value or eligibility of the claim.

Do I Need to Hire a Personal Injury Lawyer for My Motorcycle Accident Claim?

One of the most critical elements to any personal injury claim success is adept legal representation. Not only do you need an Indiana injury lawyer to represent your motorcycle accident claim, but you need one who has extensive experience working with motorcycle accident survivors and well-versed in such cases.

Are you looking for a skilled personal-injury lawyer who can represent your motorcycle accident claim in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a specialized Indianapolis IN motorcycle accident attorney about your car accident case, today. Our lawyers and associate teams work around the clock to obtain the maximum settlement or verdict for our clients’ damages.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to File Suit Against Someone Who Has Wrongly Injured You

After being seriously injured because someone else caused you harm, you deserve to be supported financially through your recovery. Your first step to obtaining compensation for your damages and losses is to file suit against the person who has wrongly injured you.

Continue below for a step-by-step introduction on how to get started with a personal injury claim in Indiana, beginning with learning your eligibility.

Personal Injury Lawyer Indianapolis Indiana 317-636-7497
Personal Injury Lawyer Indianapolis Indiana 317-636-7497

Learn Your Eligibility for Filing a Personal Injury Claim

Your first step to filing suit against a party who has caused you damages and losses as a result of an injury is to consult with an Indianapolis personal injury lawyer. They have the experience, knowledge, and resources to accurately assess your case and determine the best course of action for obtaining compensation for your damages.

You may be entitled to a settlement or Social Security verdict. If you were injured on the job, you should be covered by workers’ compensation insurance, unless you are a crew member of a vessel or railroad worker. In these cases, you would have to sue your employer if you are injured on the job.

Once you hire an accident lawyer to represent your personal injury claim, the rest of the process is in their hands. This means you are in good hands and only need to worry about your physical and emotional recovery.

Types of Personal Injury Damages

Damages may include compensatory losses such as hospital bills, medical expenses, lost paychecks, and similar calculable expenses. In some cases, damages might also include non-economical sufferings, such as pain, mental anguish, permanent disfigurement, loss of consortium, loss of ability to earn an income, and so forth. In cases in which the at-fault party was particularly reckless or acted with intent, you may be able to collect punitive damages, which are solely meant to punish the wrongful party for their horrendous actions or inactions.

Choosing a Personal Injury Law Firm in Indiana

There are thousands of personal injury lawyers to choose from in Indiana. But it is important to understand that not all law firms are alike. Some have more experience than others, and some are better well-versed in the type of accident you are filing suit for. Be sure to choose an Indiana civil litigator who has plenty of experience, accolades, and positive client testimonials. When it comes to collecting the maximum settlement for your claim, the right personal injury attorney will make all the difference.

Are you wondering who can represent your personal injury case best in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your personal injury claim.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

What is Comparative Fault in a Personal Injury Case?

If your accident was partially your fault, can you still bring about a personal injury claim against the other at-fault party? Continue reading to learn about shared-fault states, including facts about comparative negligence in personal injury cases and whether or not Indiana accepts and recognizes such legal principles.

Injury Lawyers Indianapolis IN 317-636-7497
Injury Lawyers Indianapolis IN 317-636-7497

Personal Injury Comparative Fault Facts

Comparative fault, also known as comparative negligence, is a legal principle of tort law that is applied to accidents in which both parties involved are partly to blame. It states that when an accident of any kind takes place, the negligence or fault of each party is founded on their separate roles in the accident.  Comparative fault principles allow insurance companies to assign fault, and therefore pay insurance claims accordingly.

Comparative Versus Contributory

Do not confuse comparative negligence for contributory negligence, also called contributory fault. These are two separate kinds of tort law principles. As mentioned, comparative fault/negligence refers to taking into consideration the fault of each party in an accident, and then using the difference of faults to assign a value to the accident claim.

Contributory fault, on the other hand, is a very strict legal principle that does not allow an injured person to collect compensation through an injury claim if they are partly responsible for their own accident. In a state that applies contributory fault, one cannot bring about a casualty claim against any other involved parties regardless of how little at-fault they are for their accident.

Very few states follow the contributory negligence system; ones that currently do include Maryland, Virginia, and Alabama (also Washington D.C.). Indiana is a modified comparative fault state.

Pure and Modified Comparative Fault

States that follow the comparative fault tort law principle will use either a pure comparative fault system or a modified comparative fault system. Under pure comparative fault, a claimant’s accident claim value will be lowered by the actual percentage of fault they are for their accident.

For instance, if a claimant is 99% to blame and damages add up to $100,000, they could recover $1000 in compensation under a pure comparative negligence system. Modified comparative negligence is a bit more lenient, as it allows a claimant to collect personal injury compensation for their damages so long as they are less than 50% at-fault for their accident.

Are you looking for a skilled lawyer who can help you recover the maximum settlement for your Indiana personal injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys, today. We take cases all throughout the state.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Can a Minor File a Personal injury Claim?

Can juveniles under the age of 18 years old bring about a personal injury claim against a party who has caused them injuries and damages? That is the question many families want to know here in the Hoosier state and all across the nation. Continue reading to learn the facts about injured minors and personal injury lawsuits, including who to talk to in Central Indiana for expert advice and legal counsel regarding your child’s recent accident.

Child Injury Lawyer Indianapolis Indiana 317-636-7497
Child Injury Lawyer Indianapolis Indiana 317-636-7497

Minors Do Not Have Legal Standing

As an example, imagine that 17-year-old Gregory gets a ride home from school with his friend’s dad. On the way home, his friend’s dad runs a red light and causes a serious car accident that injures Gregory severely. Can Gregory, as a minor, bring about a personal injury lawsuit against his friend’s dad for reckless driving? The answer is, under certain circumstances.

Although minors are just as susceptible to being wrongfully injured in an accident as adults are, they cannot bring about a personal injury claim on their own behalf because they do not have legal standing, even if they are being represented by a competent accident attorney. The exception to this rule would be emancipated minors.

Legal standing refers to intellectual and emotional capacity to sue. The law believes that children under the age of 18 years old do not have such capacity to bring about a lawsuit, regardless of maturity or intelligence. However, there are ways around this in a court of law.

Next Friend or Guardian ad Litem

Minors who are injured wrongfully by another person or entity may bring about a personal injury lawsuit if they successfully asked the court to appoint them a next friend or Guardian ad litem. The term used in civil court varies among jurisdictions, but they both refer to an adult who serves as an injured minor’s lawful representative in a personal injury lawsuit.

The process of requesting a next friend or Guardian ad litem is typically speedy and uncomplicated, only requiring a little bit of paperwork. Once a legal representative is appointed, they can begin the process of filing a personal injury lawsuit on behalf of the minor. The very first step in this process would be to hire a skilled Indianapolis personal injury lawyer.

If the personal injury lawsuit is successful, the compensation does not go directly to the minor. Instead, the legal representative of the minor is responsible for placing the proceeds into a safe investment until the minor turns 18 years old. The placement of the proceeds must also be approved by the court.

Parents of Injured Children

The process of requesting and being granted a next friend or Guardian ad litem is only applicable in cases in which children do not have legal guardians or parents caring after them already. If your child or teenager was recently injured in an accident that was not their fault, you have legal grounds to bring about a personal injury claim on their behalf. Consult with an Indiana personal injury law firm as soon as possible before the statute of limitations runs out on your claim and all evidence is lost to support your case.

Are you looking for a seasoned Indiana accident attorney to represent your child’s injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free initial case evaluation with a civil litigator who specializes in child personal injuries in Indianapolis, Indiana.

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Carl Brizzi Law Indianapolis Indiana 317-636-7497

Is it Too Late to File an Injury Claim After My Auto Accident?

If you were recently injured in a car accident in Indianapolis, it is critical to get started on your injury claim as soon as possible. Continue reading to learn what you need to know about personal injury statutes of limitations, including how long you have to file a claim after an auto accident in Indiana.

Auto Accident Lawyers Indianapolis IN 317-636-7497
Auto Accident Lawyers Indianapolis IN 317-636-7497

Indiana Statutes of Limitations for Car Accidents

It is strongly advised by veteran personal injury attorneys to file a car accident claim as soon as you are physically capable, even straight from the hospital bed if possible. Acting fast is important because it protects the evidence supporting your claim, plus allows you to avoid missing the filing deadline set by the state, known as the statutes of limitations.

Statutes of limitations are set time periods for filing civil claims. They vary depending on the type of civil case, but for most personal injuries, Indiana gives claimants 2 years from the date of the accident to bring about a claim against an at-fault party and their insurance carrier. This includes car accidents.

The Importance of Filing on Time

Once the statute of limitations expires, claimants lose all eligibility to bring about a personal injury car accident claim in civil court. There are some exceptions to the rules of these limitations, and in some cases, the statute of time can be extended. It is important to talk to your skilled Indiana car accident lawyer for help understanding the limits and deadlines surrounding your claim.

Even if you think you missed the deadline, contact a lawyer anyway. You may have more time than 2 years to file your particular type of personal injury claim.

Car Accident Legal Tips:

⇛ Seek medical attention immediately.

⇛ File a police report at the scene of the accident or at the hospital.

⇛ Take pictures and video evidence of the scene of the accident, if possible. You can also ask a police officer, witness, or friend to do this for you.

⇛ Keep all documentation, including police report, medical treatment reports and records, witness statements and contact information, and media of the scene.

⇛ Contact a personal injury lawyer to learn your eligibility for pursing legal action against a responsible party.

⇛ Follow all instructions and guidance suggested to you by your car accident personal injury lawyer.

⇛ Stay away from all social media platforms until your case has been settled.

Are you looking for a seasoned injury lawyer who can help you win your car accident case? Contact Carl Brizzi LAW at 317-636-7497 to file a car accident claim in Indianapolis, Indiana. Our experienced personal injury lawyers represent clients all throughout the state.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Basic Lawsuit Terms and Definitions for Personal Injury Cases

Every personal injury lawsuit is different. However, all cases will involve some basic legal terminology and procedures. Whether you are injured in a car crash or slip and fall accident, understanding some classic personal injury and courtroom terms will help you better understand your rights to being compensated for your damages and losses as a wrongfully injured victim.

Continue reading to familiarize yourself with the basic terms and definitions you’ll likely hear during the process of your personal injury case.

Personal Injury Law Firm Indianapolis 317-636-7497
Personal Injury Law Firm Indianapolis 317-636-7497

Personal Injury Glossary Terms

Tort

A tort is an act that is wrongful, but neither criminal nor deriving from a contractual agreement. Tort cases are adjudicated in civil court, not criminal court. However, some torts can also be penalized as criminal offenses if they are intentional. An intentional tort is a wrongful act that was done knowingly and on purpose. Anyone guilty of an intentional tort can be penalized in both civil and criminal court.

Example of torts include drunk driving accidents, wrongful deaths, medical malpractice, product defects, dog bites, and negligent supervision. Victims who are wrongfully injured or damaged by torts may seek damages in a personal injury lawsuit.

Negligence

Negligence is the central factor in all personal injury cases. Negligence can be intentional or unintentional, as well as an action or inaction. Failing to act with reasonable care or behaving carelessly or recklessly are basic acts of negligence in personal injury cases. In order to be successful in a personal injury lawsuit, the plaintiff party holds the burden of proving negligence.

Here in Indiana, state law recognizes modified comparative negligence. This means that an injured victim or plaintiff party can collect compensation from an at-fault party/parties so long as they are less than 50% responsible for the accident.

Burden of Proof

The plaintiff party holds the burden of proof, meaning they are responsible for proving negligence on behalf of the at fault party, whether that be a company, government sector, or individual person. In order to prove negligence, the plaintiff party must demonstrate 4 things:

➀ The opposing party had a legal duty of care to the plaintiff party.
➁ The opposing party violated or breached their legal duty of care.
➂ The opposing party’s violation was a direct cause of the victim’s damages.
➃ The victim’s damages are real and tangible.

Statute of Limitations

The statute of limitations are the time restrictions set by the state in which a plaintiff can bring about a personal injury lawsuit against an at-fault party. Once these time limits have passed, and injured victim is no longer eligible to pursue legal action against the party who caused their injuries in subsequent damages. Most personal injury statutes of limitations are two years from the date of the accident or incident, but other types of personal injury cases may have shorter or longer time restrictions.

Plaintiff

The person or group of people who file a personal injury claim against another party is known as the plaintiff or plaintiff party.

Defendant

The person, group of people, company, or government sector being sued by a wrongfully injured victim is the defendant in a personal injury case.

Complaint

A complaint is the filing and initiation of a personal injury lawsuit. Filing a complaint is essentially a plaintiff’s means of expressing their grievances to the courts. Complaints must be filed with the proper court.

Answer

Following the filing of a complaint, the defendant must provide a formal answer expressing their position regarding the allegations decreed in the personal injury complaint.

Damages

Damages are the economic and non-economic losses experienced by the injured victim and or their surviving families. Economic damages can be quantified, while noneconomic damages are not easily quantifiable. Common personal-injury damages include medical expenses, hospital bills, lost wages from missing time at work, pain-and-suffering, mental anguish, loss of consortium, different levels of disability, and all future and foreseeable losses like prolonged physical therapy, rehabilitation, counseling, and more.

Prayer for Relief

A prayer for relief is included within the plaintiff’s personal-injury complaint. It is basically a phrase to describe how much the plaintiff is asking for in compensation.

Are you and injured victim looking for a skilled civil litigator to represent your personal injury case in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned personal injury lawyer in Indianapolis, Indiana. Meet over the phone or in person for a free consultation!

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Does Riding a Bicycle Make You a Pedestrian or Driver?

Cycling is a prevalent and historically admired past time for people of all ages and genders. Riding your bike is a great way to get some healthy exercise and enjoy yourself at the same time. It is also a convenient and economical means of transportation for thousands all around the world. But when you are on a bike, are you considered pedestrian or a driver? Furthermore, our bicyclists legally permitted to ride in the road with other vehicles or are they required to remain on designated sidewalks and writing paths?

Continue reading to learn whether riding a bicycle makes you pedestrian or driver, and what to do if you are injured in a pedestrian accident in Indiana.

Indiana Pedestrian Accident Lawyers 317-636-7497
Indiana Pedestrian Accident Lawyers 317-636-7497

Bicyclists Versus Drivers

The determination of a bicyclist being a driver or pedestrian largely depends on the local jurisdiction, which will vary greatly among municipalities. This makes it difficult to determine the proper categorization without first reviewing local and state laws. It is important to do so in order to ensure such ordinances are aligned with your cycling practices.

Although bike riding laws and ordinances vary among jurisdictions, the general consensus among most municipalities is that bicycles are a type of vehicle, and therefore, anyone riding a bike on the road is considered a driver. Accordingly, bicycle riders must adhere to all traffic rules and laws, or at least the majority of them. Some states actually require bicycles to have registered license plates if they ride on the road.

Here in Indiana, bicycle riders are considered drivers, which means they must obey all stop signs, stop lights, traffic signals, and road rules. Bicyclists must also remain on the very right outer edge of the road when cycling off the sidewalk.

Some municipalities are even enacting laws restricting bike riders from using their cell phones or texting, as it is considered a dangerous form of distracted driving that can lead to serious car accidents and pedestrian accidents.

Pedestrian Laws and Rights

Pedestrians also have rules they must follow in Indiana, including obeying all traffic signals and crosswalk signals. Pedestrians must also refrain from obstructing the flow of traffic and only use marked crosswalks and authorized crossing paths. When using marked crosswalks and designated crossing paths, pedestrians and cyclists have the right of way.

Justice for Injured Cyclists and Pedestrians

Although bicyclists are not necessarily considered pedestrians, they are still just as vulnerable and exposed to dangers when out on the open road. According to the National Highway Traffic Safety Administration (NHTSA), more than 6,000 people lost their lives in pedestrian accidents in 2018 alone. In the same year, 115 Hoosiers in Indiana lost their lives in pedestrian accidents.

For these reasons and more, pedestrians and cyclists alike are protected under the law from wrongful accidents and injuries. If you are injured in a pedestrian accident in Indiana, it is vital that you contact a reputable personal injury law firm before time runs out on your case or all evidence is lost to support your claim.

Get started on your Indiana pedestrian accident injury claim right now! Contact Carl Brizzi LAW at 317-636-7497 and schedule a free case evaluation with a skilled Indianapolis Indiana pedestrian accident lawyer you can trust. Our law firm serves clients all throughout the state of Indiana.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497