When your claim is against a governmental body, such as a city, county, or school corporation, you need to act much faster than the usual 2-year statute of limitations. Why? Because there are certain conditions and limitations on a citizen's right to sue the government, whether at the federal, state, or local level. What is the Tort Claims Act? In old English law, the King could do no wrong, so citizens could not sue the King. This concept got transferred to the American colonies, so that, in the early days, a citizen could not sue a state or the federal government. In time, this was recognized as unjust, because governments and governmental employees could be negligent and cause injuries just like anyone else. So, the states and the federal government passed laws permitting citizens to sue them to recover money for wrongs, such as negligently causing injury. These were called Tort Claims Acts. In these statutes the government put certain conditions…Read More
Does the law really work to protect us? Answer: Yes! This explains how product liability law has made products more safe. Generally, today, product liability law requires that manufacturers must design and produce their products so as to be safe to the users and people exposed to the use when the products are used as intended. It was not always so. This did not come about until the 1950’s – 1960’s. Prior to that, manufacturers were only liable for breach of contract, which meant that they were only liable for defective products to people they had directly contracted with in the sale of their products. Consequently, manufacturers were not liable when they sold to a middleman and not directly to the user. Then, in the 1950’s, some lawyers believed that society needed a change in the law so as to make manufacturers responsible to injured users of products for defects that caused such injuries. They filed lawsuits claiming that the law…Read More
Rideshare services like Uber and Lyft have revolutionized transportation, offering a convenient alternative to traditional taxis. However, these services are not without risks. A recent survey conducted by the University of Illinois Chicago found that one-third of rideshare drivers reported being involved in a crash while working. Additionally, the National Safety Council estimates that 375 people may die on U.S. roads during holiday period around new years, with 40% of these fatalities involving an alcohol-impaired driver. In this article, we discuss what to do if you are injured in an accident with a rideshare vehicle and the challenges that come with it. The Issues with Rideshare Accidents Imagine you are out driving and get in an accident with an Uber or Lyft vehicle. Determining what insurance coverage applies can be challenging because it depends on various factors, including whether the driver was logged into the rideshare app, transporting passengers, or driving for personal reasons. Each scenario impacts whose insurance will…Read More
This Veterans' Day, we at McGlone Law want to take a moment to honor the legacy of one of our founders, Gerald "Jerry" McGlone. Jerry's story is a testament to the enduring spirit of service and the pursuit of justice. Jerry grew up in Terre Haute, Indiana during World War II and joined the Army ROTC program at Rose Hulman Institute of Technology, where he studied to be a mechanical engineer. Upon graduation, he served as a lieutenant and company commander in the Corps of Engineers in Europe, overseeing the construction of both military and civilian facilities. While serving his country, Jerry was first introduced to the law through being selected to serve on multiple military juries. After participating on these juries, Jerry was appointed to serve as trial counsel in several special court martial trials. While serving as trial counsel, Jerry was captivated by the process of uncovering the truth and delivering justice. After returning to the United States,…Read More
Many people are under the mistaken impression that they are not allowed to move their car after an accident until the police arrive at the scene. However, this information is not correct. Indiana traffic law dictates that the driver of a vehicle involved in a crash that results in the roadway being obstructed must move the vehicle as soon as possible. In addition, the driver must move the vehicle as close to the accident location as possible. If you are still unsure about traffic laws and your legal responsibilities, contact our law firm and ask to schedule a free consultation to learn more information. Are There Any Reasons I Should Not Move My Vehicle? Even though Indiana law stipulates that vehicles move to avoid impeding traffic, there are some exemptions to the law. For example, if the accident results in a serious injury, entrapment, or death, it is not recommended that the vehicle be moved to help avoid further injuries.…Read More
Many accident victims after car and truck accidents initially do not call the police to report an accident, perhaps because they do not intend to file a claim initially. However, various issues often arise that change the accident victim’s mind. These issues may include discovering that their injuries are more significant than they originally thought or after discussing them with a lawyer. Nevertheless, having a police report is not necessary to initiate a claim. Therefore, if you would like to sue and file a claim without a police report, contact our law firm and ask to schedule a meeting with a qualified legal team member who can provide you with a free case evaluation. Why is Having a Police Report Helpful When Filing a Claim? A police report is a useful tool for understanding the facts and circumstances of an accident that occurred. The police report can provide insurance adjusters and attorneys with a clear view of what happened, including eyewitness testimony,…Read More
The Indiana statute of limitations allows personal injury victims up to two years to file a claim. However, certain rare instances may give you more time to file. If you have suffered a personal injury due to someone else’s negligence, it is always in your best interests to consult with a qualified lawyer immediately. Contact our law firm and ask to meet with a legal team member who will gladly provide you with a free case review and determine the appropriate legal action. What Are the Exceptions to the Statute of Limitations? Several exceptions to the statute of limitations may allow injury victims more time to file a claim. They include: Legal disabilities: If the individual who has been injured is under a legal disability, the statute of limitations will not begin until the disability is removed. Once the disability has been removed, the injury victim will have up to two years to file their claim. Non-residence: If the liable party leaves…Read More
If you have been involved in a personal injury case, an attorney for the other party’s insurance company may ask you to give a deposition. A deposition is a legal tool that may be used to ask questions about the facts and details of the case. The main objective is to learn as much information as possible. This information is beneficial to the attorney conducting the deposition as it helps determine the strengths or weaknesses of the case. If you are scheduled to give a deposition and want legal representation, contact our law offices, and ask to schedule a free consultation so we can discuss your case and address any of your concerns. What Questions Do They Usually Ask During a Deposition? A deposition is typically given in an attorney’s office with several other individuals present, including a court reporter, a videographer, the examiner, the other party’s counsel, and your legal representative. The examiner will ask you various questions that ask…Read More
People often use the terms litigation and mediation interchangeably when discussing legal proceedings. However, litigation and mediation are entirely different in the part they play in the legal process. In simple terms, litigation is another word for a lawsuit or court proceedings, while mediation is the legal process used to avoid going to court. You need solid legal representation if you are involved in a case that may end up in either litigation or mediation. Our law firm has well-experienced attorneys who can assist you with your legal needs and advise you of the best options for your situation. How Does Mediation Work? Unlike litigation, which takes place through the court system, mediation is an informal process that allows parties to reach an agreement on the disputed issue. The mediator who oversees the proceedings is a neutral third party who helps both parties come to a mutual agreement. During the mediation process, the decisions reached by both parties are voluntary,…Read More
If you owe child support or alimony payments, you may wonder if the state of Indiana can take the proceeds from your expected injury settlement. The state does have the legal right to place a lien on settlements that injury victims receive to pay past-due arrearages. If you expect to receive an injury settlement but also owe child support or alimony and are behind on child support or alimony payments, you need to speak with a knowledgeable attorney immediately. Contact our law firm and ask to schedule a free initial consultation to learn more about your legal rights. Can a Large Financial Settlement Affect My Child Support or Alimony Payments? Typically, child support and alimony payments are determined by the amount of income an individual generates. If you are expecting to or already have received a large financial settlement, it could affect the amount you are obligated to pay going forward. The other parent or your former spouse could go…Read More