Ward & Ward Personal Injury Lawyers

If you drive in Indiana, you know that you must often share the road with large semi-trucks. Being involved in an accident with one of these trucks is extremely dangerous, as their sheer size can cause a great deal of property damage and serious injury or death. There might be a number of individuals or organizations at fault for a trucking accident in Indianapolis. An experienced attorney at Ward & Ward can investigate the accident and determine the cause. We can help you take action against negligent or reckless parties.

Trucking accidents are especially frightening due to the size and momentum of the vehicles, which can cause them to lose control and create significant damage. Though many people think of large commercial trucks when it comes to these accidents, smaller lightweight trucks can also be deadly. Of the 188,841 collisions occurring in 2012, 46 percent involved a light truck and 6 percent involved a larger truck. The following are common causes of truck accidents in Indianapolis and the surrounding areas: Fatigued drivers. There are strict laws related to how many hours a truck driver can stay on the road before resting. Drivers who fail to adhere to these laws risk the safety of all motorists and passengers. Equipment failure. Trucks contain complex equipment, and tire blowouts and other malfunctions can cause them to lose control. This may be due to product defects or the trucking company’s failure to properly maintain the vehicle. Poor road conditions. Weather hazards or poorly designed roads may cause a large truck to lose control or overturn. Although sometimes the government agency in charge of road upkeep may be held liable, drivers also need to account for changing conditions. Inadequate driver training. Some trucking companies allow drivers to hit the road before properly training them. It takes a professional driver to manage a large truck and protect others on the road.

Indiana law requires that commercial motor vehicles have a certain amount of insurance coverage based on the weight and material being transported. This required coverage can range from $300,000 to $5 million. An experienced personal injury lawyer can help you establish liability.

Suffering an injury caused by someone else’s negligence takes time, patience and an experienced lawyer that works on your behalf. The personal injury lawyers in the Indianapolis offices of Ward & Ward Law Firm immediately take proven and effective action to protect your interests and the facts of your case before critical evidence can be lost or otherwise disturbed. Every case is different but experienced personal injury lawyers in Indianapolis may utilize strategies to assist you with mounting medical bills, past and future, stemming from emergency room, hospitalization, physician, imaging and rehabilitation. Lawyers, Don Ward and Charlie Ward, will further seek compensation for loss of past and future earnings, as well as damages for pain and suffering. If you or someone you know has been injured by another’s negligence, work with a skilled personal injury attorney in Indianapolis to pursue compensation from negligent parties and insurance companies. The lawyers at Ward & Ward Law Firm have more than 85 years of combined experience helping injured people throughout Marion County and Indiana. We provide unmatched legal guidance and support when you need it most. For an attorney who is truly responsive to your needs, work with our respected team.

There is a wide range of scenarios that could result in a personal injury or wrongful death to you or a loved one. In some cases, these injuries are relatively minor, while in other situations you could be dealing with head or spine injuries that require long recovery times — if a full recovery is possible at all. The following are the most common causes of personal injuries: Auto accidents. Distracted driving, failure to yield, exceeding speed limits and driving while intoxicated are all common factors leading to serious auto accidents. After you exchange contact and insurance information with the other driver and call the police, speak with a car accident lawyer as soon as possible after the crash. Truck accidents. These accidents are particularly serious, resulting in severe injuries and damage to property. Logbook errors, poor vehicle maintenance and the violation of federal regulations often cause serious trucking accidents. Defective products. When a product manufacturer releases a dangerous or defective product to the public, serious injuries may result. You may need to file a product liability lawsuit to collect monetary damages from the individuals or organizations responsible. Dangerous premises. Businesses and private property owners must maintain reasonably safe premises for customers and guests, keeping them free of slippery surfaces, blocked walkways and falling objects. A failure to do so could place guests in serious danger. Construction accidents. Construction is an inherently dangerous profession, but that doesn’t mean employers are free from liability when an accident occurs. If you have suffered a personal injury at work, you may need to fight for workers’ compensation benefits from your company’s insurer. Aviation and railroad accidents. Poor weather conditions, turbulence, mechanical errors and inadequate crew briefing could lead to a train or an airplane accident. The pilot or train operator is responsible for maintaining strict standards of safety to avoid a serious accident. Mesothelioma/asbestos exposure. Over time, exposure to asbestos and other dangerous materials may cause serious illnesses, often resulting in premature death. We can help you file a lawsuit against an employer or other party who was negligent for failing to inform workers about the dangers of this exposure.

If another person’s reckless actions or negligence results in a serious injury, it may be possible to file a personal injury suit to collect damages. This can be a difficult process, however, so it is important to work with a personal injury lawyer who has experience handling these types of cases. We settle many of these cases out of court, but if you do need to go to trial, our attorneys deliver a persuasive argument for monetary compensation to the judge or jury. Indiana is a comparable negligence state, so the amount you receive depends on whether you have been deemed partially responsible for the accident. For example, if a jury finds you were 30 percent responsible for a car crash, your compensation is limited to 70 percent of the damages you would otherwise receive. Consult a skilled attorney if you have questions about this complex issue.

If you wish to seek restitution for personal injury in Indianapolis, you must begin taking action against the offending party within two years of the incident, as dictated by the statute of limitations. If you do not, you may forfeit your right to pursue a civil suit. To prove negligence in your personal injury claim, there are four elements you must consider: Duty. This is the responsible party’s obligation to provide reasonable care to you by engaging in, or not engaging in, a certain behavior. Breach. Once you have established duty, breach considers whether that duty was delivered by the person who was allegedly at fault. Causation. If duty was breached, you must prove that breach caused your personal injury. Damages. You must demonstrate that you suffered an actual injury as a result of the other party’s actions or negligence.

Head and spinal cord injuries are always serious and often permanent. If you or a loved one suffers an accident resulting in these injuries, experienced legal help from an injury attorney is vital for gaining compensation needed for a lifetime of care. Charles and Donald Ward are Indianapolis lawyers with years of experience investigating and evaluating car accidents that cause these disabling head and spinal injuries.

Traumatic brain injury (TBI) is an acquired brain injury caused by sudden trauma to the brain in the form of shaking, force, or penetration. According to the Centers for Disease Control and Prevention (CDC), approximately 1.7 million people suffer TBI annually. Leading causes of TBI include the following: Falls Vehicle accidents Accidental blows or strikes to the head from outside impact Assaults In recent years, incidents of TBI have risen among active duty military personnel in war zones injured by the detonation of explosive devices. TBI can take different forms, including the following: Mild: Mild TBI or concussions, account for the majority of TBI cases in the United States each year. Symptoms of mild TBI may include loss of consciousness for a few seconds, minutes or not at all. Headache, vision difficulties, concentration and memory issues are among other symptoms of mild TBI. Moderate: Moderate symptoms of TBI can be a worsening of mild symptoms plus difficulty sleeping or persistent drowsiness, slurred speech, personality changes, and other symptoms. Severe: Symptoms of severe TBI are worse yet and may include agitation, profound confusion, convulsions, seizures, loss of bowel and bladder control, persistent vegetative state or other symptoms.

According to the CDC, approximately 15,000 new cases of spinal cord injury (SCI) are suffered in the United States each year. SCI occurs when the whitish cord of nerve material extending from the base of the brain down the spinal column is traumatized, penetrated, or sheared in an accident. Leading causes of SCI include the following: Car, motorcycle and truck accidents Falls and pedestrian injuries Sports injuries Injuries from acts of violence SCI can be tragically disabling, resulting in paralysis, numbing, or loss of motor ability below the injury site. Any spinal or head injury is a medical emergency requiring extensive medical care, rehabilitation, and adjustment to a different quality of life and living circumstances. If you suffer these personal injuries, understanding your legal rights and long-term financial needs is imperative. It is also important to reach out to a skilled law firm as soon as possible.

Trains are enormous pieces of equipment, and people operating them must be extremely careful to protect workers and passengers. If they don’t, an accident causing serious injury or wrongful death may result. If you know someone who has suffered injuries or died as a result of an aviation or railroad accident, speak with the experienced attorneys at Ward & Ward in Indianapolis today. We know what it takes to move ahead with a lawsuit against the parties responsible for your accident.

The NTSB is also responsible for investigating railroad incidents and ultimately recommending solutions to address some of the top concerns. The most common reasons for accidents include: Switch control misalignment. Hand-operated switch controls can be out of alignment, which could cause derailment and serious injuries. Poor crew briefing. Crewmembers who do not receive the proper communications may fail to perform duties that could prevent an accident. Lack of roadwork coordination. When road or highway crews need to perform work near a railroad crossing, the railroad and the road crews need to communicate and coordinate their efforts. Failing to do so could cause serious or fatal accidents to passengers, motorists and workers. When your accident occurred on a train, it’s important to work with an experienced injury lawyer to explore your options for seeking compensation. The team at Ward & Ward can help with this process.

Airplanes are enormous pieces of equipment, and people operating them must be extremely careful to protect workers and passengers. If they don’t, an accident causing serious injury or wrongful death may result. If you know someone who has suffered injuries or died as a result of an aviation or railroad accident, speak with the experienced attorneys at Ward & Ward in Indianapolis today. We know what it takes to move ahead with a lawsuit against the parties responsible for your accident.

When you use public modes of transportation to get around, including airplanes, you place your trust in the airline, the pilot and staff. Aviation accidents, although somewhat rare, are still a legitimate risk with a number of contributing factors. The National Transportation Safety Board (NTSB) thoroughly investigates fatal and nonfatal aviation accidents and has found that the following tend to be the most common causes: Weather conditions. Although pilots are trained to handle all types of weather, unexpected changes in conditions may require emergency action. Failure to prepare for these issues risks the well-being of passengers. Violent turbulence. Pilots sometimes have difficulty predicting when turbulence will occur, which could cause some smaller airplanes to lose control. Runway errors. Poor conditions or other issues on runways mean that pilots sometimes need to make quick decisions. If the airport fails to properly maintain runways for safe arrivals and departures, it could be liable for any personal injuries that occur. Pilot errors. Airplane pilots are very well trained, but their unusual hours and the pressures of their jobs can lead to mistakes. If a pilot should have been able to avoid an error and an accident results, the pilot or airline may be held accountable. Mechanical errors. When a plane is at the terminal, airline staff must thoroughly inspect it to prevent any malfunctions when the aircraft is in the sky. If they fail to do so or equipment fails during a flight, the consequences could be very serious for passengers. Whether your accident occurred on a train or airplane, it’s important to work with an experienced injury lawyer to explore your options for seeking compensation. The team at Ward & Ward can help with this process.

People who work in the field of construction tend to be at a higher risk for injuries than those in other industries. A particularly high-risk area is transportation. In fact, the most common workplace fatalities are transportation related, accounting for about half, and issues include brain injuries, spinal cord injuries and accidents related to falls, slips and trips. The staggering rate of transportation-related injuries not only relates to employees who are driving, but also to those who are surrounded by other drivers. The most common injuries within transportation are motor vehicle crashes, pedestrians struck by vehicles and the overturning of mobile equipment and machinery.

It should be noted that the Workers’ Compensation and Occupational Diseases Act has undergone and is continuing to undergo revisions that will affect the process for filing claims and receiving compensation. Current changes as of July 1, 2013 include the creation of a fee schedule for medical service providers and facilities, a revamping of the filing fee and the adoption of a single definition of what it means to be an independent contractor versus a formal employee. As the individual seeking compensation for personal injuries, you should be aware of your eligibility to receive workers’ compensation. Most businesses are required by law to have workers’ compensation insurance, and there is no minimum time period for which you can be covered. If you are injured at work, the first thing you should do is inform your employer within 30 days of the incident, even if the injury seems minor. This establishes a record of the incident, which may be extremely valuable if you need to file a claim in the near or distant future.

Employers in the construction industry are responsible for ensuring their employees’ safety when it comes to exposure to asbestos. Because the material is so hazardous, there are very specific federal standards in place for asbestos exposure and removal, including: Employees cannot be exposed to airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter (f/cc) in an eight-hour period. Employers must assess all asbestos-related operations for the potential to generate airborne fibers. Employers must use exposure monitoring data to assess employee exposure to asbestos. The laws related to construction accidents and asbestos exposure are complex, so be sure to retain the services of an experienced Indianapolis attorney to stay informed of your options.

When you seek care at a hospital, clinic or other medical facility, you expect medical professionals to provide you with the proper care to help you recover. That does not always happen, and if you or a loved one has suffered due to medical malpractice, speak with the skilled medical malpractice lawyers in Indianapolis right away. At Ward & Ward, we have years of experience in medical malpractice law and are ready to help you seek compensation for your injuries or medical conditions.

he emotional, mental and physical impact of medical malpractice can be devastating to you or a loved one, yet the Indiana Medical Malpractice Act places a cap on malpractice claims in an effort to keep insurance rates low. This law also includes the following stipulations: With few exceptions, medical malpractice claims must be filed within two years from the alleged act. The law does not require physicians to have malpractice insurance, but they must have it to qualify for the capped liability law. Patients must file their complaint with the Indiana Department of Insurance and have their cases reviewed before they can sue. This panel determines if the case will go to court. Medical malpractice can take a number of forms, so you should seek the advice of an attorney with Ward & Ward to find out more about your particular case and if you might be eligible to pursue compensation.

Since 2006, the Indiana State Department of Health has used a robust medical error reporting system to track and record mistakes occurring in the field of medicine to study current practices and find out if there are ways to improve the level of care provided to patients. If you need to move forward with a medical malpractice lawsuit, state law mandates that the total compensation provided through the final claim cannot exceed $1.25 million. The result of your case may depend on the specific medical professional who made the mistake and the person’s history, per the Indiana database. See Charlie Ward’s blog explaining Medical Malpractice Tort Reform in Indiana.

Birth injuries are another major form of medical malpractice. The most common types of birth-related injuries and resulting illnesses include the following: Cerebral palsy caused by lack of oxygen Bleeding in the brain Sprains, strains and fractures Caput succedaneum Head and spine injuries In addition, elderly individuals may suffer injuries or worsened conditions due to neglect, medication errors, physical or sexual abuse when hospitals and nursing homes fail to provide proper care. In many cases, these patients cannot defend themselves and are unable to report the abuse themselves. The state of Indiana has statutes in place that require medical professionals to report nursing home abuse issues to Adult Protective Services authorities immediately.

Mesothelioma is a cancer of the protective membrane called the mesothelium that lines most of the body’s internal organs. The majority of cases occur in the chest cavity, but they can also begin in the abdominal cavity and heart. If left untreated, this cancer can cause death within four months to a year of diagnosis, with the biggest health complications resulting from respiratory failure or pneumonia. About 70 percent to 80 percent of all mesothelioma cases can be traced back to asbestos exposure, usually in work environments containing the hazardous material. Because asbestos is so dangerous, preventing exposure is a high-priority safety concern. Although use of this material ceased in the 1970s, you can still find it in many buildings to this day. Mesothelioma symptoms might not arise for several years after exposure, so the illness can appear to strike very quickly. However, you can look for common signs, including trouble breathing, pain under the rib cage, swelling or lumps in the abdomen, and unexplained weight loss. It’s worth undergoing medical tests if you or a loved one is showing even the slightest symptoms.

Even if you have not yet begun to exhibit significant symptoms, a chest scan or other test may reveal you are developing cancer of the mesothelium. In addition to the proper medical treatment, you should also explore your options for seeking compensation from the responsible parties, such as current or former employers. The Indiana Statute of Limitations, however, states that victims can only receive compensation if disablement occurs within a certain time period after the final day of exposure: Prior to July 1, 1985: Three years After July1, 1985 and prior to July 1, 1988: 20 years After July 1, 1988: 35 years If your last day of exposure occurred before July 1, 1988, for example, and you are only just beginning to show symptoms now, you may have to seek other options for getting the financial support you need to manage your illness. Speak with a personal injury attorney to learn more about your eligibility and legal options.

While many personal injuries are immediate, there are also hazards associated with being exposed to dangerous chemicals or materials, such as asbestos, for long periods of time. One of the most common medical conditions resulting from this exposure is mesothelioma, which creates scar tissue in the lungs. If you or a loved one has been affected by mesothelioma, the Indianapolis attorneys at Ward & Ward can help right away. We can help you explore your options for taking legal action against the parties responsible for your suffering.

There’s nothing worse than losing someone close to you, especially if that person died due to someone else’s negligence. When you need to take legal action against the responsible parties, call upon a wrongful death attorney in Indianapolis. Our experienced attorneys, Don Ward and Charlie Ward, of Ward & Ward Law Firm, hold individuals, businesses and organizations accountable for their actions or negligence. After a wrongful death, don’t hesitate to give us a call.

If another party is responsible for the death of someone close to you, you may be able to file a lawsuit for wrongful death and seek compensation for medical expenses, loss of financial support, funeral and burial costs, and loss of companionship. In some situations, you may also seek punitive damages to help prevent the same thing from happening to someone else in the future. The following are the most common causes of wrongful death in our state: Auto accidents. Car crashes happen on Indiana’s roads and highways all the time, and many result in serious injury or death. Auto accidents occurring at high rates of speed or involving trucks or other large vehicles are more likely to be fatal. Medical malpractice. When a doctor, nurse or other medical professional makes a significant error, the consequences could be deadly for the patient. Many wrongful death claims are the result of medical malpractice. Negligence. Property owners and product manufacturers who fail to provide safe premises and products may be liable for wrongful death if a fatal accident occurs due to negligence. Construction accidents. Construction sites are dangerous places, and while workers realize the hazards of their jobs, it’s the responsibility of their employers to provide a relatively safe work environment to prevent serious accidents.

According to Indiana law, spouses and dependents of the deceased may file a wrongful death lawsuit. In addition, only the personal representatives of an unmarried adult person with no dependents may take action against someone they believe caused the death. You must file a claim within two years of the incident that caused the death. A judge will determine the amount of compensation you receive unless you settle out of court. It’s important to note that the limit for damages is $300,000; even if a jury awards more, the court will likely reduce it to the maximum amount allowed under the law.

Stores, restaurants and other organizations have a responsibility to maintain reasonably safe premises for customers and guests. When they fail to do so, they may be guilty of negligence that causes significant personal injury. If you need to take action against negligent property owners who failed to maintain adequate safety and security, a dedicated personal injury lawyer with Ward & Ward in Indianapolis can help. We have years of experience in premises liability law and are eager to help you explore your options.

The owners of a property must maintain premises that are reasonably safe for those who visit. If they don’t, an injury to a guest could ensue. As the victim of an injury sustained while on another’s property, you should understand the circumstances that must be present to effectively hold the property owner liable. The most common issues related to premises liability are slips and falls, which typically occur on commercial properties. Because it is assumed that customers are on the premises at the invitation and benefit of the business, the property owner has an obligation to make the facilities reasonably safe. The injured party must not have contributed to the accident, and it must be demonstrated that the owner did not take the actions required to fix a potential hazard in a timely manner.

By broader definition, a building defined as unsafe by Indiana law should be reasonably identifiable as such by a prudent person. The following are identifying factors: Structurally impaired to an unsafe extent A fire or public health hazard A public nuisance In violation of building maintenance law Vacant and not reasonably maintained for habitation To make your case for premises liability, you must have been “invited” to the premises and injured as a result of elements of which you were not aware, but of which the property owner was aware should have removed. A case also depends on the injured person’s status as a trespasser, invitee (invited and welcome) or licensee (allowed, but not necessarily “invited” by way of signs or constructed features). If you have questions about these stipulations and need to learn more, a personal injury lawyer at Ward & Ward can help.

Too often, manufacturers offer poorly designed or flawed products that have the potential to harm consumers, even if the products are being used as intended. These companies are responsible for providing warning labels on potentially dangerous products and for issuing a recall if a defect becomes known after the product has been released. If you or a loved one sustained a personal injury due to a defective product, speak with the Indianapolis product liability attorneys at Ward & Ward right away. We have represented injured people in our community since 1954, offering unmatched guidance and personal attention to each individual who seeks our counsel.

When a dangerous product has injured you or a loved one in Indiana, your potential lawsuit may fall into one of three primary categories, which include the following: Defectively manufactured items. The majority of product liability claims involve any type of default during the manufacturing process that resulted in a dangerous product. For example, a children’s toy may be cracked or a bicycle may have come without adequate brake pads. Defectively designed items. Due to an inherent flaw in the design of the product, a consumer using the item as it is intended has a high risk of injury. The design flaw itself must be the primary reason for your accident. Failure to warn or recall. A company that realizes it has distributed an unsafe product to the public has a responsibility to issue a warning or recall. Vehicle manufacturers often issue recalls if a car part has a tendency to malfunction, for example. However, to avoid the expense of a recall, some manufacturers fail to warn the public. In some cases, a product liability claim may be related to breach of warranty, whereby the user suffers an injury despite having used the product per the manufacturer’s directions. These directions often appear in owner’s manuals, especially with equipment or appliances. However, even if the directions do not explicitly state that a product is to be used in a particular way, you still may claim that the manufacturer breached an implied warranty, meaning that a reasonable person would have used the product in the way you did. Our personal injury attorneys can provide you with further guidance on this issue.

You must think about the future of your loved ones after you pass away, even though estate planning can be a difficult thing to approach — and it’s easy to put it off. Setting up sound wills, trusts and other estate planning documents helps people protect their family members. Finalizing your estate planning strategies can give you peace of mind, and the helpful attorneys at Ward & Ward in Indianapolis can guide you through an ever-changing plethora of State and Federal laws.

Regardless of your current state of health, it’s never too early to begin the estate planning process so you can ensure the protection of your loved ones if the worst should occur. To start this process, it is important to understand the various elements of a good estate plan and how they connect with each other. An estate plan arranges for the transfer of your assets in anticipation of death to retain maximum wealth for beneficiaries. It includes total property, real and personal, owned by an individual prior to distribution through a trust or will. And although trusts and wills are important elements of any estate plan, there are key differences between them, which may influence how you choose to distribute your assets and property.

Essentially, a will is a written, signed and attested document that dictates the management of your estate after you pass away. It also names an executor who manages the distribution of your assets according to the wishes you outline. You can specify which items you would like to go to particular beneficiaries, such as vehicles, real estate, art, jewelry and intellectual property. This is especially important if these items have sentimental value or are family heirlooms. Wills also make things easier if you’re in a relationship with someone to whom you are not married. You can leave your partner assets or property through your will, which saves that person the trouble of fighting for these items if you pass away.

One of the key benefits of a trust is that it’s not subject to the probate process, which can save your beneficiaries time and money. There are several different types of trusts the team at Ward & Ward can draft, including: Land trust. A trustee holds ownership of land for the benefit of an individual or entity. This is typically used for large landholdings. Fixed trust. The trustee has limited discretion in the management of assets. This is also known as a nondiscretionary trust. Pot trust. The funds are spent at the discretion of the trustee, rather than dividing assets evenly. This type of fund is set up for children.