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Personal Injury Primer

Updated 2 months ago

Society & Culture
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Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

Read more

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

iTunes Ratings

4 Ratings
Average Ratings
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Good podcast

By hairbeardown - Jul 10 2019
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I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.

iTunes Ratings

4 Ratings
Average Ratings
4
0
0
0
0

Good podcast

By hairbeardown - Jul 10 2019
Read more
I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.
Cover image of Personal Injury Primer

Personal Injury Primer

Latest release on Jul 29, 2020

Read more

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

Ep 62 – Premises Liability and the Duty Owed to Invitees

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Premises Liability and the Duty Owed to Invitees

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a person who asks “I have heard the terms trespasser and invitee, and I don’t understand the difference or why it matters, can you explain?”

In Indiana a landowner owes different kinds of duties to visitors depending on whether they are invitees, licensees, or trespassers.

In premises liability cases, the court decides the duty owed by a landowner in part by considering whether the landowner was in control of the premises when the accident occurred.

The idea behind this is to hold liable the one who could have known of any dangers on the land and therefore could have acted to prevent any foreseeable harm.

In the case of Huffman v. Dexter Axle Co. (May 31, 2013), a truck driver from an independent company was picking up a flatbed trailer loaded with axles from an axle company. The axle company was not open for business at the time and no one else was present at the facility, but it was common practice for truck drivers to still have access to pick up loaded trailers.

So here is where trespasser, or licensee status comes into play. The axle company was closed and didn’t specifically invite the driver onto the property.

The axle company had stacked the axles in several layers, but had not strapped or secured the bundles to the trailer.

The truck driver died after being struck by some unsecured axles which had fallen out of the trailer and were lying on the ground next to him and the trailer.

The trucker driver’s personal representative sued the axle company for negligence and claimed that the truck driver was a business invitee, and therefore the axle company owed a duty to exercise reasonable care for the driver’s protection while at its facility.

The Indiana Court of Appeals agreed and found that the truck driver was a business visitor invited to enter the land for a purpose directly connected with business dealings with the possessor of the land, and thus he was an invitee.

The court determined that the axle company, as landowner, owed a duty to exercise reasonable care for the truck driver’s protection while he was on its property.

It did not matter that the axle company was not open for business at the time of the accident because it was solely in control of the property and left its property open knowing that the truck driver would enter and obtain the load.

Further, the court emphasized that in Indiana premises liability may arise from activities on the land, not just from natural conditions. In this case, the activity on the land that caused the accident was the manner in which the axles were loaded on the trailer.

Premises liability cases are rarely clear-cut, and it is not always easy to determine whether someone is an invitee and what duty he or she is owed by a landowner.

Never hesitate to contact an attorney if you think you have a possible premise liability claim for detailed advice on your particular situation.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jul 29 2020

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Ep 61 – Indiana Motorcycle Laws

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Indiana Motorcycle Laws

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I’m David Holub, an attorney concentrating on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from listener whose husband was seriously hurt in a motorcycle crash. She asks “a lady pulled out in front of my husband’s motorcycle, it is clearly her fault, but he didn’t have his helmet on, can we still sue? “

Each state has different laws regulating the operation of motorcycles, and a conscientious motorcyclist will consider these differences when traveling over state lines.

The American Motorcyclist Association has a useful tool that allows people to search motorcycle laws by each state: http://www.americanmotorcyclist.com/Rights/State-Laws.aspx

In Indiana, motorcyclists are not required to wear safety helmets if they are 18 years old or older.

However, safety helmets as well as protective glasses, goggles, or face shield are required to be worn by motorcyclists under the age of 18. See Ind. Code 9-19-7-1.

Although safety helmets are an important part of protective gear and should be worn, the legal significance of Indiana’s law means that in most circumstances, if an adult motorcyclist who is not wearing a helmet is injured in an accident with another motor vehicle, the motorcyclist not wearing a helmet cannot be shown to be comparatively at fault merely because he or she was not wearing a helmet.

That said we have represented many motorcycle accident victims and their families. It is not a scientific study, BUT the injuries are less severe if the riders are wearing helmets.

I know wearing a helmet is inconvenient and confining. But, if you think about the people who may have to suffer through the consequences of you getting injured, would you want them to have to deal with you and minor injuries, or you and catastrophic injuries?

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jul 22 2020

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Ep 60 – Pools and Ponds Can Be Attractive Nuisances

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Pools and Ponds Can Be Attractive Nuisances

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who would like to know if he can sue a neighbor who has a pool in which his child was injured.

The short answer is that it depends on the specific facts surrounding the incident.

In Indiana, a property owner can be held liable for injuries a child may suffer if the child is attracted onto property by dangerous machinery, equipment or conditions left exposed so as to draw or tempt a child onto the property to play.

Of course, the owner must have knowledge of the condition, and must know that children do or are likely to trespass and be injured. The rule does not apply to dangerous conditions that are obvious, or common to nature, because children are presumed to be instructed on such dangers.

Thus, a swimming pool in a park, whether artificially constructed or part of a natural pond or lake, arguably may not qualify as an attractive nuisance, unless there is some hidden danger to it.

Yet, a swimming pool or other body of water might be considered an attractive nuisance, where there are specific facts to the situation that amounts to a hidden danger. The hidden danger of thin ice on a pond, for example, might very well qualify as an attractive nuisance. In every case involving a child injury related to a pond or swimming pool, always consult an attorney for advice.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jul 15 2020

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Ep 59 – Being truthful with your insurance carrier

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Being truthful with your insurance carrier

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today we will discuss the importance of being truthful with your insurance carrier.

Our office frequently consults with people who have suffered a fire loss, theft or other property loss. On every occasion we are asked “do I have to cooperate with my insurance company?” The short answer is “yes”. The long answer is “absolutely yes, you must cooperate.”

It is to your advantage to be completely truthful, no matter how much the insurance company might wear on your patience. When you buy insurance, you and the insurance company enter a contract, which is commonly referred to as an “insurance policy”. Every insurance policy requires complete cooperation in providing information to verify that the loss occurred, and the value of the loss. Every policy requires that you submit your statement of claim and proof of loss under oath. This means you swear to tell the truth under penalty of perjury. If you are untruthful it will give the insurance company grounds to deny your claim.

It is not unheard of for people to report that after answering an insurance adjuster’s questions they feel as if they have been called in to be interrogated by the police. Sometimes requests for financial information or phone records seem to be irrelevant and burdensome. Nevertheless, accurate information must be provided. Moreover, it is important not to take requests for information personally. An insurance company has an obligation to verify that a policy holder is making a legitimate claim.

Unfortunately, some people claim to have property that they never actually owned, or even destroy their own property and then try to collect insurance proceeds. Insurance claim adjusters play an important role in making sure to pay only people who have legitimate claims.

Even seemingly insignificant misreporting of facts, such as not accurately reporting the giver of a gift, or overstating your income, or exaggerating the value of a lost item of property, can inadvertently give an insurance company a basis to question your claim. Consequently, always cooperate and be truthful.

However, and this is very important, you as an insured have rights too. Your rights are many, and too numerous to list now. The bottom line is that an insurance company must act in good faith toward you. You can help make sure that it does act in good faith towards you by documenting everything that the insurance company asks you to do. Keep copies of everything you are asked to turn over to an adjuster, including anything you are asked to sign. If an insurance company records your statement or records a conversation, ask it to preserve the recording in case you later need a copy. Do not hesitate to ask the insurance company to put instructions in writing to you so that there can be no dispute as to anything you are asked to do. Lastly, do not hesitate to give our staff a call if you are at all uncertain about your insurance claim rights and responsibilities. Our staff is always willing to arrange for you to consult with one of our attorneys.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jul 08 2020

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Ep 58 – Avoid Arbitration Clauses When Signing Contracts in Indiana

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Avoid Arbitration Clauses When Signing Contracts in Indiana

https://personalinjuryprimer.com/wp-content/uploads/2020/04/Podcast-058-Avoiding-Arbitration-Clauses.mp3

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from someone who recently emailed us saying, “I see in the fine print of a contract I have to sign that it says any disputes that arise will be resolved by arbitration. What does arbitration mean?”

Whether you are a student signing up to take a college course, or opening a new bank account, or signing a document authorizing a car repair, take the time to read what you are being asked to sign.

It is becoming increasingly common for Corporate America to rely on adhesion contracts to force people to accept mandatory binding arbitration.

Arbitration is a way legal disputes can be resolved without going to court and utilizing the traditional court system. Instead, the parties appear and present their arguments before an impartial person or group of persons outside of court who will decide the final outcome of the dispute. Sometimes the parties mutually agree on who the impartial arbitrator will be, and sometimes the arbitrator is pre-determined by a written statute.

Regardless, when you come across arbitration language in a contract you are being asked to sign, it’s important to know that such language often will bar you from filing a lawsuit in court, which will prevent you from having a jury of your peers decide any dispute that may arise between the parties.

So why do so many contracts these days have arbitration clauses? Well, most of these pre-written contracts that are given to you to sign as a consumer, employee, or in other contexts, are designed to protect the drafter of the contract by eliminating the threat of a class action lawsuits.

While class action lawsuits have occasionally been abused by consumer advocacy groups, the vast majority of the time, a class action is the only tried and true legal tool available to enable consumers to challenge unfair action by companies. Companies often have a greater financial ability to hire lawyers and fight in court than consumers do, which makes it difficult for consumers to bring lawsuits on their own.

But when consumers band together, as they do in class action lawsuits, then they are better able to have the finances needed to pursue their legal claims and obtain fair compensation. Companies don’t like that and want to take away the possibility of being sued in a class action by forcing parties that contract with them to agree to settle any disputes through the arbitration process only.

And arbitration isn’t a cheap alternative for a party on its own, either. In fact, it can be more costly than a typical lawsuit filed in court. For example, the average cost to file a lawsuit is $200, but if you are forced into binding arbitration you will not only have to pay your lawyer, but you will have to pay the arbitrators, which can cost as much as thousands of dollars, and may even have to pay the corporation’s lawyers if you lose.

All in all, companies are banking on you not wanting to expend the time and money to pursue claims against them, not in a traditional court room and also not in an arbitration setting. So, that’s why you’re seeing all these arbitration clauses in contracts these days.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jul 01 2020

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Ep 57 – Aggravating Old Injuries

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Aggravating Old Injuries

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who says “I have had problems with my back before, but the pain is much worse since the crash and it won’t go away, do I have a case since my back was not in perfect shape before the crash?”

This is a question frequently heard from people inquiring about a potential claim. People are concerned that they might be disqualified from suing because of a prior condition or injury.

Here is the question stated in simple terms:

“I’m really hurting after this accident, but I’ve been hurt in the past, do I still have a claim?”

The answer is always yes.

The law allows for a person who suffers from a pre-existing medical condition to recover for an aggravation or exacerbation of that condition.

For example, if a person has back surgery, and as they are leaving the hospital the automatic doors malfunction and knock them to the ground, the law will permit a recovery for a new injury, such as a broken arm, and an aggravation to the back condition, such as the need to redo the back surgery.

It is very important to be forthright with your doctor if you have a prior medical condition which is changed because of an accident.

Your medical care providers need to know about prior conditions in order to assess the full nature of an injury incident. For example, a person with a sore neck after an accident who has no prior neck injury may be assessed very differently than a person with neck pain after an accident who suffered a fracture to their neck 10 years earlier playing football.

Legally however, people who aggravate old injuries in an accident are entitled to recover damages just as are people who receive new injuries.

Never hesitate to consult one of our attorneys if you need help to better understand your legal rights.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 24 2020

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Ep 56 – Thinking About the Future When Injured

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Thinking About the Future When Injured

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from listener who asks “how much time do I have to sue if I am injured as a result of the negligence of someone?”

You would be surprised how often people fail to think about their future when they are injured as a result of a car crash, or other incident.

Too many times people let several years go by before calling an attorney and are shocked and angry to learn they have missed key deadlines to sue.

We understand that day to day concerns following an injury incident can squeeze out thoughts of the time deadlines for filing a lawsuit.

A lawyer can help you hold the parties responsible for all those bills that begin accumulating after an accident, but only if you see a lawyer before the time expires for filing a lawsuit.

So, what is the time deadline?

For all personal injury cases in Indiana there is a two-year statute of limitations for filing suit.

If you try to sue more than two years after your accident, the parties you sue can ask the court to dismiss your claim as being barred by the statute of limitations.

Even if you are uncertain about wanting to pursue a lawsuit in the future, time can slip away from you before you know it, so you need to act promptly.

Plus, there are shorter deadlines, as early as 180 days, for some types of cases involving governmental entities. 180 days is less than six months. And, it gets worse, some entities that you think have nothing to do with the government, such as an airport bus company, or a commuter train, are treated like government agencies under the law, and the 180 deadline applies (though there are exceptions), so consultant an attorney promptly after an injury incident.

And, even if you think a deadline might have expired, consult any attorney to be sure. There are many exceptions to these general rules.

In short, it is important to be aware that if you are thinking about consulting an attorney about your case, it’s always better to do so sooner rather than later.

Aside from the deadlines we’ve noted, it is important to promptly pin down witness information before memories fade.

We recommend adding reminders to your calendar well in advance of the deadlines that might apply to your situation, so that you can arrange to consult an attorney well before any deadlines.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 17 2020

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Ep 55 – Why Do Some Lawyers and Doctors Send Mail After A Collision

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Why Do Some Lawyers and Doctors Send Mail After A Collision

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who received direct mailings after a collision and asks “Why Do Some Doctors and Lawyers Send Mail After an Accident?”

Police accident reports are public records and can be accessed electronically, so your personal information can be easily obtained and can be accessed by anyone looking to market their services.

Ethical rules in Indiana prevent lawyers from sending out mail solicitations within 30 days of an accident, and entirely prohibit in person solicitations in most situations.

If violations of these ethical constraints are reported, a lawyer can be disciplined.

It is our policy NOT to send out mailings after an accident.

Medical professionals often have no such ethical restrictions.

We have heard that some are very aggressive and leave phone messages suggesting that your insurance requires you to call them.

You have no obligation to respond to such direct solicitations or to mail solicitations from medical professionals or lawyers.

Much more should go into selecting a lawyer than the look of the lawyer’s direct mail promotional material.

We suggest that it is important to check on whether a prospective attorney is Board Certified, has a good ethical reputation, will listen to you, will explain the law in a clear manner, and will communicate regularly with you. On our website we explain in greater detail the type of considerations that should go into selecting a lawyer.

Regardless of the ethical constraints on solicitation, do you really want to hire someone to deal with your personal medical or legal needs just because they leave you a voicemail, or because they looked up personal information about you and sent you a form letter?

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 10 2020

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Ep 54 – Choosing a Reputable Physician

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How to Choose a Reputable Physician

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a caller who asked us recently, “I need a good doctor, how do I go about choosing a reputable physician to treat my injuries?”

When a person is hurt in a crash or other injury incident, finding and obtaining competent medical care is crucial to making a good recovery and critical to presenting a credible claim for compensation.

As a result, some lawyers may be tempted to refer clients to physicians with whom they have developed a relationship.

Lawyer referrals to medical professionals for compensation, and medical professional referrals to lawyers for compensation, not only constitute bad practice, but in most all circumstances are unethical.

Consequently, our firm does not make physician referrals.

We do however provide a list of things to consider when selecting a physician.

First, evaluate the physician’s attitude and the attitude of his/her staff. Is the attitude you encounter compatible with your personality? Does the physician make patient communication a priority? Are patients respected? Does the physician take the time to listen to patients? Are patients encouraged to ask questions? Good communication will improve your patient/doctor relationship and help you trust the decisions you make together regarding your health care.

Second, your physician’s credentials are important to check to make sure your physician is competent to care for you. All physicians must be licensed in the state where they practice. Check your physician’s license with Indiana’s Physician Licensing Board. Is your physician board certified? The requirements for board certification are set by colleagues and peers and vary by specialty. This can include the number of years in school, fellowship programs, areas of practice, and sometimes continued education. Other questions to consider are: Where did the physician go to medical school? Where did he or she complete their residency? What is his or her age? How long has the physician been in practice? What health care facilities is the doctor affiliated with? Is the doctor covered under your health insurance plan? By doing your homework you can ensure that the physician you select to guide your medical care is responsible and will provide you with the best resources to manage your healthcare.

Third, it is important to determine your physician’s malpractice track record. Check with Indiana’s Compensation Fund to see whether your physician has any malpractice claims against him or her. Our firm has successfully sued physicians in Indiana who have breached the standard of care and compromised their patient’s safety. The goal of every person in selecting a physician is to steer clear of those who have been found guilty of malpractice. Statistically, almost all instances of malpractice are associated with a very small percentage of physicians, and involve repeat offenses.

Finally, once you select a physician, be considerate of your physician’s time, and plan ahead for your next appointment. Keep your appointments. Be on time for your appointments. Call if you must reschedule an appointment. Write down your concerns and the reasons for your visit. Identify where you are having pain, but never exaggerate a complaint. Doing these things will both ensure that each of your questions will be answered and that the physician’s record of your visit will be accurate and complete. Ask your physician to explain terms you do not understand, and be sure he/she explains the next step in your care and treatment. For example, if a test is ordered, ask who you should contact for the results. Ask about the plan of treatment. If you are anxious or afraid, explain your concerns and ask for guidance. Knowing what the plan is will ease your anxiety when dealing with complicated medical issues and treatment.

In short, many of the things to consider when selecting a physician are similar to what should be considered in selecting a lawyer. Bottom-line, you want a professional who is equipped to provide efficient and effective assistance focused on addressing your needs.

It’s that focus we at the Law Offices of David Holub take with us into every case, trial or mediation. We strive to always provide top quality legal representation, uncompromising pursuit of our client’s legal interests and being accessible and attentive to our clients during times of personal challenge.

Some lawyers have little knowledge of the trial process and have scare knowledge about lawsuits and what it takes to be successful in the courtroom. Some lawyers have never experienced filing a lawsuit for a client, let alone taking a case to trial. They prefer to settle or just don’t have the financial resources for a long drawn out trial.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Jun 03 2020

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Ep 53 – Packages and Slip and Falls

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A package delivery leads to a slip and fall injury.

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who recently sent us the following question: “what would happen if someone got hurt on my property while they are trying to steal a package left on my doorstep?”

Have you ever ordered an item and the company says they shipped it to you, but you never received it?

Maybe you even contacted the postal authorities or the parcel delivery companies wondering where your package is. And they replied, “we delivered it”.

They even tell you where they put your package. Which in most cases is out in the open where it can be seen by anybody.

Well, according to CNBC, 10 percent of the US population will be a victim of package theft.

And, some people seem to be in just the right location that they tend to be magnets for thieves stealing their ordered items.

These victims have lost countless packages to crafty thieves who drive through neighborhoods looking for unguarded items.

But, the victims are fighting back. Some have installed motion sensor cameras that start recording the moment the perpetrators come into sight.

One gentleman from Tacoma went so far as to rig an empty box with fishing wire and 12-gauge shotgun blanks. Can you see where this is going? When the box is moved, the wire activates the shotgun blanks to go off. Bang! Bang! Bang! The thief scrambles for his life.

But what if, in the course of trying to escape the supposed gun fire, the thief hurts himself on your property?

You might be thinking good, that’ll teach him to stop trying to rip people off. And it might. But, what if the thief decides to sue you for his “slip and fall” injuries?

It’s not fair, but it happens.

The exact thing you used to scare him off, to prevent this person from stealing from you, is the exact thing that caused this person to become injured.

Yes, you scared the thief so senseless that he couldn’t think straight and ended up tripping over a lawn ornament and breaking his ankle and wrist.

You could argue he got what he deserved, but you’d be the one who not only is responsible for the civil liability (the thief’s injuries) but you could also be cited for using a mechanical device designed to fire weapons. And, if you think your property insurance will cover your liability, you better read the policy carefully, because there likely is an exclusion for actions you might take that knowingly can be expected to lead to injury.

So why do I share this information with you?

I share it to give you an insight has to what might happen when you try to take the law into you own hands and MacGyver a package designed to scare.

It’s best to turn over any video footage you might have to law enforcement officials so they may handle the investigation.

The term “slip and fall” refers to circumstances where people are injured when they slip or trip and fall as a result of a danger or hazard on another person’s property.

Such falls can occur indoors or outdoors. A fall can be caused by a defective floor, a wet floor, poor lighting conditions, or the result of snow or ice.

Cracked concrete, a pothole, or any other poorly maintained premises can also be the cause of a slip and fall injury.

Our legal team is always available to consult on slip and fall injury cases.

There is no fee for an initial consultation, and if we accept your case we will work on a contingency fee basis, which means we do not get paid until we make a recovery for you.

Now if you’re the person who injured themselves while in the course of stealing someone’s packages, … we aren’t going to be able to help you with the consequences. That is not to say there isn’t some attorney out there who could assist an injured thief. It just isn’t us.

But, let’s say you work for a delivery company and you get hurt coming onto property to make a delivery, we definitely would suggest you call us. We frequently represent delivery workers who get bit by dogs, fall on ice, or step in an unprotected pothole, and we’re here to help.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

May 27 2020

4mins

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Good podcast

By hairbeardown - Jul 10 2019
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I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.