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Evansville Legal Issues Blog

"Textalyzer" could help prevent distracted driving

In the past several months, distracted driving has been thrust to the forefront of roadway safety. Those motorists who engage their electronic devices are certainly distracted, and they can put others at serious risk of harm. Those who are injured in a car accident caused by such distraction can suffer serious injuries, forcing them to face extensive physical, emotional, and financial damages. Although a personal injury lawsuit may be pursued in hopes of recovering compensation for these damages, victims don't always have the easiest of times proving negligence, especially when the defendant is accused of texting and driving.

What are some common defenses to medical malpractice?

People in Indiana rightfully expect to receive safe and effective medical care when they go to the doctor. After all, these medical professionals have years of education and on-the-job training, and most doctors have several years of experience tucked under their belt. Yet, no amount of education, training, or experience can fully prevent medical errors. Doctors and nurses work when they are tired and distracted, and sometimes they make mistakes that fall below the applicable standard of care. When this happens, a victim can be seriously injured or killed. Surviving family members of those lost in these incidences can pursue compensation via a wrongful death lawsuit, but they may be going up against a strong defense.

What is divorce mediation and how is it helpful?

When people in the Evansville area think about divorce, they might conjure images of spouses with heated emotions arguing over every little thing. Although these types of divorces are common enough, the divorce process doesn't have to play out this way in front of a judge. Instead, parties to a marriage dissolution can seek alternative dispute resolution methods to help them end their relationship on more amicable terms.

Should you refuse a breath test?

Driving while intoxicated is a serious offense. Just having a police officer pull you over for a DUI can be very stressful, even if you know you have nothing to worry about. One question most people have is whether or not to refuse to take the breathalyzer test. No one can make that decision but you.

You should know the consequences of a refusal and how it could affect your future:

  • Indiana has an implied consent law. Essentially, by driving a vehicle, you are giving consent to tests that show your blood alcohol content. Refusal to take a breath or chemical test results in a license suspension whether you were actually drunk or not.
  • The police may get a search warrant for a blood test if you refuse the breath test.
  • Refusing a breath test could make it more difficult to get a plea agreement, although this is up to each county.
  • Your refusal to take the test could be used against you at trial. The assumption is that by refusing the test, you knew you were drunk.
  • A refusal might be better if you are so intoxicated that the result would be unfavorable.
  • It is possible that you will test under the limit, in which case law enforcement will not arrest. A refusal is almost a guarantee that they will arrest and detain you. 

Why knowing about hearsay is crucial during litigation

If you are considering taking legal action, whether in the aftermath of a personal injury or the unexpected loss of a loved one, you need to know not only the law, but also the rules of evidence. These rules must be abided by all parties to a lawsuit, even when they are proceeding without an attorney. Depending on one's ability to use these rules, they can either protect themselves and their evidence, or be taken advantage of by more knowledgeable attorneys.

Our firm is experienced at handling child support modification

The cost of raising a child can be exorbitant, especially for those who go at it alone. Whether a child was born out of wedlock or the child's parents have since divorced, many Hoosiers find themselves struggling to find a way to pay for their child's needs. Of course, by taking legal action, child support may be ordered, but even then it can be difficult to recover owed payments. On the other hand, many non-custodial parents find themselves facing overwhelming and unrealistic child support payments, given their current situation. In both cases, it may be time to seek counsel from an experienced family law firm.

Commercial vehicle accidents and vicarious liability

It can be tough to recover in the aftermath of a commercial vehicle accident. A victim may have extensive physical pain and suffering caused by broken bones, torn muscles, sprained ligaments, and even head and neck injuries, and the emotional toll can be devastating. Financial losses can leave a victim overwhelmed, too. After all, medical expenses need to be paid, which can be challenging when the injuries suffered have left a victim unable to work. A personal injury lawsuit may, of course, lead to the recovery of compensation that can help alleviate these damages, but sometimes the damages are so extensive that a liable individual may be unable to pay the full extent of compensation awarded.

Despite efforts to stop it, drunk driving still far too common

Drunk driving has been the target of legal reform and countless public service initiatives. The penalties for driving under the influence have become harsher, and television, print, radio, and social media campaigns have sought to spread statistics on the dangers of drunk driving. However, despite these efforts, drunk driving continues to be a problem that plagues the country. In fact, according to the CDC, nearly 30 people are killed every day in alcohol-related car accidents. After doing the math, this equates to one death in less than an hour every day.

Keeping in touch as the noncustodial parent

When you are the noncustodial parent, it can be difficult to feel as if you are a part of your child’s life. But your child needs you to be present, as children who have a lot of parental involvement do better academically and emotionally. 

Fortunately, there are a number of ways you can connect, even if your kid lives out of state: 

  •          Take advantage of technology, such as Skype, text, messenger and social media.
  •          Keep your communications positive: no arguing, complaining or gossiping.
  •          Allow your child to have a flexible schedule with you. If you have an arranged call but your kid has other plans, adjust your schedule.
  •          Write letters or send cards by regular mail. Send postcards and pictures of your place and travels.
  •          Do not ask your child to take messages to the other parent.
  •          Put your child’s needs first. Ask your child about her personal preferences in communication.

Considering a wrongful death claim? The clock is ticking

There may be no more devastating experience than losing a loved one in an accident. Oftentimes, these accidents happen in the blink of an eye, leaving friends and family members reeling from shock in addition to immense grief and sadness. 

If you are in this situation, it is not unusual to feel like you need to wait to talk an attorney about filing a wrongful death claim. You already have so much on your mind, and the thought of adding the complexity of a lawsuit on top of everything can be overwhelming. However, take care not to wait too long to examine your legal options, as you could wind up missing out on critical compensation you need and deserve.

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