16
Dec

Indianapolis Truck Accident Lawyers Urge Motorists to Move Over

December 16, 2015

Working on the highway can be a dangerous task, considering hundreds of employees are killed and even more are injured as the result of transportation accidents that occur while on the job. The Indianapolis truck accident lawyers at Stewart & Stewart Attorneys point out the latest of those victims is a 58-year-old worker with the Henry County Highway Department who was killed after he was struck by a tractor-trailer last month.

The fatal crash happened on November 20, in the southbound lanes of Indiana 3, just north of New Castle. Reports from The Star Press indicate the victim was riding a backhoe along the roadway as part of his job duties when a big rig being driven by a 58-year-old Lafayette man struck the piece of equipment from behind.

The victim was transported to a local hospital, where he was diagnosed with a fractured skull. He passed away as a result of his injuries almost a month after the accident occurred.

The truck driver who caused the crash was cited for speeding, but investigators say it’s unclear whether or not he will face charges in connection to the highway worker’s death.

This particular case underscores the importance of drivers being aware of their surroundings when traveling through areas where construction or roadwork is being conducted. In order to promote highway safety, the Indianapolis personal injury attorneys at Stewart & Stewart encourage motorists to move over a lane of traffic when approaching emergency vehicles and work crews. This allows your vehicle to pass through the area while giving workers enough room to safely do their job.

9
Dec

Law Enforcement Working to Prevent Holiday Drunk Driving

December 09, 2015

The holidays are fast approaching and for many, which means gathering with friends and family to celebrate. The Indianapolis car accident lawyers at Stewart & Stewart Attorneys point out these festivities play a part in a notorious rise in the number of drunk drivers that are on the road during this time of year.

Luckily, law enforcement officials are already stepping up their efforts to keep intoxicated motorists off the road. WANE 15 News reports that during a two-hour sobriety checkpoint that was held in Grant County on December 4, six of the 113 motorists who were stopped were arrested for violating the law. Three of those who were taken into custody were arrested for operating a vehicle while being under the influence of alcohol. Three others were arrested on misdemeanor charges, while four other drivers were ticketed and released. Three warning tickets were handed out as well.

Indiana State Police say drunk driving is one of the leading causes of motor vehicle fatalities today, considering alcohol played a part in 101 traffic deaths during 2014. That’s why officials say similar operations will be held in other areas of the county and state as the holidays get closer.

Our staff at Stewart & Stewart Attorneys are aware of the impact a drunk driving accident has on the lives of those who are involved. That’s why our Indianapolis personal injury attorneys encourage you to be wise this holiday season and refrain from drinking and driving. Instead, use a designated driver or cab to get home safely.

We would also like to applaud the efforts law enforcement is making to keep our roads free of drunk drivers. We’re hopeful to see more checkpoints being established throughout the holiday season.

 

 

 

3
Dec

Indiana Workers’ Compensation Payments Rising

December 03, 2015

If you’ve been injured on the job at no fault of your own, the costs of your medical expenses and other damages may be covered under Indiana’s workers’ compensation benefits.

The Indiana workers’ compensation attorneys at Stewart & Stewart Attorneys explain that over time, the payments related to workers’ compensation claims have increased. This leaves many employees wondering if the rise in these costs has had an impact on their ability to receive benefits or the compensation they’re offered.

An article from the Insurance Journal shows that Indiana’s workers’ compensation claim payments increased by as much as six percent between 2008 and 2013. There is a correlation between this spike in individual claim payments and a decrease in the number of initial claims that are approved.

A rise in the number of disputed Indiana workers’ compensation claims has resulted in Workers’ Compensation Board of Indiana reforming the way hearings in disputed cases are handled and scheduled.

These patterns highlight just how complex successfully navigating Indiana’s workers’ compensation system has become. It’s also indicative of the important role that’s played by having legal representation by your side throughout the claim process. The Indiana personal injury lawyers at Stewart & Stewart Attorneys encourage you to visit our website to learn more about the options and resources an attorney may be able to offer to an injured worker.

25
Nov

Avoiding an Indianapolis Truck Accident

November 25, 2015

Indianapolis is one of the largest hubs for the transportation industry in the Midwest, so it comes as no surprise that the city sees its fair share of Indiana truck accidents.

What if you could access information that may allow you to avoid these collisions? The Indianapolis truck accident lawyers at Stewart & Stewart Attorneys explain this data is now at your fingertips.

ABC 6 News investigators recently spoke with officials from several state agencies that regulate and enforce laws pertaining to the trucking industry, including the Indiana State Police, the Indiana Department of Transportation, and the Indiana Motor Truck Association. The information that was gathered was then compiled to determine the areas that were most prone to a truck accident occurring, as well as what some of the most common causes of these accidents are.

The team determined seven interstate intersections as the most likely places where tractor-trailers will crash. The ramp from I-70 West to I-465 South was by far the most likely to see a truck accident, accounting for a total of 39 collisions from 2011 to 2013.

The most common cause of Indiana truck accidents was vehicles following too closely. Other contributing factors included loads shifting, driver behavior, texting, and speeding.

Understanding what causes Indiana truck accidents to occur and what areas are prone to collisions occurring can help you steer clear of a crash. The Indianapolis personal injury lawyers at Stewart & Stewart Attorneys are hopeful this information can be of benefit to you as you make your way around our great city.

18
Nov

New Research on Nursing Home Abuse in the U.S.

November 18, 2015

A new study hopes to shed light on the frequency in which older Americans are verbally, physically, or financially abused by their caregiver. The study also offers several solutions for helping to address the problem of nursing home abuse in the U.S.

A team of researchers from the Center of Aging Research and Clinical Care at Cornell University examined data that had been collected over the years and found that as many as 10 percent of elderly citizens are the victims of nursing home abuse. However, the team also found this number may not be accurate because of the number of victims who never report the abuse they suffer.

The study, which was published in the most recent issue of The New England Journal of Medicine, also discussed the important roles doctors can play in identifying and putting a stop to nursing home abuse. Researchers suggest physicians are one of an elderly patient’s front line defenses against abuse, considering doctors are in a position to notice injuries and changes in behavior that may be indicative of nursing home abuse. The team goes on to suggest that doctors should play a more significant role in intervening in cases where abuse or neglect is suspected.

At Stewart & Stewart Attorneys, we recognize the risks of nursing home abuse elderly citizens face and the Indiana personal injury lawyers are hopeful this new data can be used to spread a message of awareness about the problem.

11
Nov

IDOL Reports on Indiana’s Most Dangerous Industries

November 11, 2015

All workers face on-the-job hazards that pose an injury risk, but some jobs are inherently more dangerous than others. The Indiana workers’ compensation lawyers at Stewart & Stewart Attorneys take a look at the latest data examining trends of workplace injuries among different industries in the state to help identify some of the most dangerous occupations in Indiana.

The Indiana Department of Labor (IDOL) reports that approximately 93,300 employees in Indiana suffered a work-related injury or illness last year. This means the state experienced an average occupational injury and illness rate of 4.0 harmed workers per 100 full-time employees. This was a slight increase from the injury rate of 3.8 that was reported in 2013.

Some of the industries with the highest injury rates include:

  • Local government– Employees like police officers, firefighters, teachers, judges, healthcare workers, and municipal workers accounted for the highest injury and illness rate in Indiana during 2014, with an average injury rate of 6.7.
  • Real estate– Surprisingly, the housing market was the second leading industry when it came to workers being injured or becoming ill. The industry saw a more than 128 percent increased in its injury and illness rate between 2013 and last year.
  • Agriculture– The industry reported 5.5 workers out of every 100 were hurt or sickened while on the job last year.

While these numbers may leave many Indiana workers concerned about workplace safety, it’s important to know employers are legally obligated to provide employees with a safe work environment. Most businesses are required to carry an insurance policy to cover any expense an employee incurs as the result of an accident that wasn’t their fault.

Knowing how to protect these rights can be a complicated process, which is why the legal staff at Stewart & Stewart Attorneys encourage you to speak with an Indiana personal injury attorney about your condition if you’ve been hurt while working.

4
Nov

Concussion Goggles Teaching Indiana Teens the Dangers of Brain Injuries

November 04, 2015

The Centers for Disease Control and Prevention estimates that 1.7 million Americans sustain a traumatic brain injury (TBI) each year. One of the leading age demographics for this particular type of injury are adolescents between ages 15-19. Most of these injuries are sustained while playing sports, considering 5 to 10 percent of athletes suffer a TBI during the playing season.

The Indianapolis brain injury lawyers at Stewart & Stewart Attorneys explain that in order to help reduce the number of Indiana teens who suffer TBIs, one organization is working to raise awareness about how a concussion can affect our ability to perform everyday tasks. This is being achieved through the distribution and use of what is known as concussion goggles.

An article from The Star Press states the goggles work by simulating the effects a TBI can have on our abilities to see and perceive time and space. Officials with the Dave Duerson Athletic Fund—who are providing the 60 pairs of goggles to Indiana Public Schools—hope that seeing the effects a TBI can have will persuade young athletes to work to avoid such injuries, as well as seek medical attention if they suspect they have suffered a TBI.

So far, the program has been deemed a success, with one 16-year-old participant claiming she would “think twice” if she suspected she or a teammate had suffered a TBI.

Recognizing the dangers of a TBI is the first step toward preventing such injuries from occurring, which is why the Indianapolis personal injury attorneys at Stewart & Stewart are hopeful to see these concussion goggles making their ways into the hands of young athletes from all across the state of Indiana.

 

28
Oct

Social Security Disability Appeals Made Simple

October 28, 2015

Don’t be surprised if you apply for Social Security Disability benefits and your claim gets denied. Data indicates the Social Security Administration (SSA) rejects about two out of three initial disability claims.

Fortunately if you’ve been denied your disability benefits, you have the right to appeal. Our Social Security Disability lawyers at Stewart & Stewart are here to guide you through each step of the process.

First, you will need to gather the evidence and documents that are necessary to support your claim for disability. We can advise you on what kind of evidence you’ll need and help gather it for you. This paperwork can be submitted when you begin the disability appeal process with the SSA.

Once you’ve initiated an appeal, your case will be reconsidered by an SSA claims processor. This processor will issue a decision either reversing or agreeing with the initial judgment. If your claim is denied again, you can seek to have your case heard by an administrative judge, then a panel of judges, before your claim proceeds into the court system.

If your Social Security Disability appeal is successful, it’s important to remember that you may still face a waiting period of up to six months before you begin receiving benefits.

At Stewart & Stewart, we recognize just how complex the policies and procedures that govern the Social Security Disability appeal process can be. If you’re considering filing a Social Security Disability claim or have an application that’s been denied in the past, our personal injury attorneys are here to answer your questions and help you any way we can. The consultation is free, and you don’t pay us unless we get benefits for you.

 

21
Oct

“Teen Driver Safety Week” Is Currently Under Way

October 21, 2015

This week is “Teen Driver Safety Week” across the United States—for good reason, too. Motor vehicle collisions are the leading cause of death for U.S. teens between ages 15-19. As part of the campaign, several organizations are working to raise awareness about the importance of safe driving habits. Our Indianapolis car accident lawyers would also like to remind teens about several rules of the road they should keep in mind:

  • Follow Speed Limits – Most roads have a maximum speed vehicles should maintain. However, it’s important for teens to know they should only operate a vehicle at a speed that is safe for the conditions.
  • Don’t Use Your Phone – An article from WLFI 8 News explains that on July 1, 2015, a new law took effect that prohibits drivers who are under the age 21 from using any type of telecommunications device while driving, including hands-free devices. The only exception to the rule is if the device is being used to make an emergency call.
  • Drive Sober – One of the leading causes of accidents among teens is intoxication due to alcohol or drug consumption. There is a zero tolerance policy for driving under the influence if you are under under age 21.

The legal staff at Stewart & Stewart Attorneys recognize the importance of getting information out to teen drivers about the dangers of the road and our Indianapolis personal injury lawyers are hopeful these tips help teens to prevent accidents in the future.

 

14
Oct

Lawmakers Consider Raising Indiana Medical Malpractice Caps

October 14, 2015

When patients in Indiana is harmed as the result of a medical professional’s error or negligence, the victim has a right to seek compensation by filing a medical malpractice lawsuit. But the Indiana medical malpractice lawyers at Stewart & Stewart Attorneys explain that damage caps may limit the amount in damages a victim can receive.

A medical malpractice cap is the maximum amount of money a defendant can pay in a medical malpractice case. The current limit on non-economic damages in the Hoosier State is $1.25 million. This limit was set 16 years ago, and many feel the law could now stand to be updated.

According to Indiana Public Media, legislative committees are currently examining the constitutionality of the current cap, as well as what changes are needed to the law. A bill proposed during a recent legislative session called for the cap to be increased by $400,000. However, opponents claimed raising the caps would increase doctors’ costs of doing business, and the proposal was shot down.

Those in favor of the increase claim the costs of medical care have inflated since 1999 when the cap was implemented. This means the $1.25 million a victim is allowed to receive may barely cover the costs associated with damages caused by a doctor.

At Stewart & Stewart Attorneys, we’ve seen the struggles many victims of medical malpractice face, and our team of Indianapolis personal injury lawyers is hopeful that our state’s medical malpractice caps are increased sooner, rather than later.