Karpe Litigation Group handles many types of personal injury and accident cases throughout the state of Indiana. If you have been in an accident causing serious personal injury give us a call for a free consultation. Our firm never charges a fee until you get paid!
Give us a call to schedule a free consultation 1-888-228-7800
Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.
The Ebert family sued two “show” bars, Big Daddy’s and Little Daddy’s, for the injuries they suffered in July 2015 after their car was hit by a truck driven by William Spence. Prior to the accident, Spence had been drinking at Big Daddy’s and was visibly intoxicated when he was thrown out of the establishment.
Illinois Casualty, which provided a separate general business owner’s policy and a liquor liability policy to each bar, argued it did not owe a duty to defend or to indemnify under either policy. The insurance provider pointed to the policies and asserted all of the Eberts’ claims fell within the coverage exclusion.
The Howard Superior Court agreed. It founds the business owner’s policies precluded coverage for all of the family’s claims.
Arguing the coverage exclusion in the general insurance polices does not apply to all of the Eberts’ claims, the Ebert family and the bars filed an appeal.
Writing for the appellate panel, Judge Elizabeth Tavitas explained, “The language of the coverage exclusion in the general business owner’s policies, just like the language of the dram shop statute, unambiguously declares that the root of liability is the furnishing of alcohol to another party. Thus the question before us on this appeal is: do the Eberts assert any claims that could potentially prevail independently of whether defendants furnished Spence with alcohol?”
Spence was ejected from Big Daddy’s after he got into an altercation with another patron. Local police were called but when they left, the bouncer, Christopher “Razor” French confronted Spence. French told him to get his truck and leave. Subsequently, Spence got into his vehicle and eventually sped out of the parking lot, throwing gravel and squealing tires.
The appellate found some of the Eberts’ claims rely on Spence’s impairment which are independent of whether the bar served him alcohol. For example, liability could attach under the failure to intervene theories if Spence had arrived already intoxicated and had not been served.
“Without commenting on the validity of the claims, or their likelihood of success on their merits, we find that the negligence theory based on allowing Spence to leave the premises despite knowledge of his intoxication, for example, does not require proof that the bars ‘caused and contributed’ to said intoxication,” Tavitas wrote. “As such, this is not a claim for which the business owner’s policy excludes coverage, and thus, the duty to defend attaches.”
What Are Some Of The Most Common Workers Comp Injuries?
Slip & fall
Hit by falling objects
Strain muscle tears
Cuts & lacerations
Machinery accidents
Loud noise exposure
Fights at work
Hazardous chemicals inhalation
What Injuries Are Covered By Workers Compensation
There are rules and stipulations to receiving compensation for injuries sustained in the workplace. Here are a few examples of injuries that would be covered by an employer’s workers’ compensation insurance:
Any physical activity that happens at work, which includes lunch breaks, break time and any work sponsored activities
Industrial accidents, slip-and-fall incidents, and injuries that result from defective machinery and/or equipment malfunctions
Diseases caused by exposure to certain workplace chemicals, such as lung cancer from continued exposure to toxins
Injuries caused by repeated stressors that fatigue the body, like lower back injuries, or hearing loss from excessive noise
Injuries caused by a coworker (for example, on a construction site)
What Is Covered Under Workers Compensation?
Medical bills: Not only are initial medical bills covered, but typically, vocational rehabilitation and physical therapy should also be covered to get you back to work
Attendant care: If your injuries are serious enough to require a medical attendant, this should also be covered by your workers’ compensation
Wage loss: You are entitled to a portion of your pay from the time that you are unable to return to work following your injury. This usually works out to around 66%, of your gross pay, or at a minimum, $50 per week.
With all kinds of forms to complete and dos and don’ts to follow in the state of Indiana, it can get confusing what your next step should be – especially if your employer disputes your claim and you are struggling to get compensation. An experienced workers’ compensation team like workers’ comp and job accident injury lawyers at Karpe Litigation can work with you to ensure you get the full compensation you deserve. You pay nothing until we settle your case, so contact us today for a risk-free first consultation.
Karpe Litigation Group handles many types of personal injury and accident cases throughout the state of Indiana. If you have been in an accident causing serious personal injury give us a call for a free consultation. Our firm never charges a fee until you get paid!
Give us a call to schedule a free consultation 1-888-228-7800.
Why You Should Hire A Personal Injury Lawyer After An Auto Accident
No one is prepared for an accident and while it may be just that, an accident, it doesn’t detract from the often devastating consequences that occur. In the aftermath of an auto accident you may experience pain, psychological trauma, financial loss, and inconvenience. The law is designed to protect victims of accidents and to help reinstate and compensate for any losses or injuries that have occurred. As such, it is vital you hire a personal injury lawyer, following any losses or injuries incurred as a result of an accident. You are legally entitled to compensation if you are not at fault for the accident. However, why should you hire a personal injury lawyer?
Why You Should Hire A Personal Injury Lawyer, Point One
If you are considering why you should hire a personal injury lawyer, then asking the question alone tells you that you should hire a personal injury lawyer. However, following an accident the insurance company for the other party involved will be in touch with you to discuss any injuries, losses, or liability disputes that may have arisen as a result of the accident. Despite their best telephone manner, the insurance company is not working for you. They have competing interests when it comes to settling a compensation claim. They may even convince you that you bore some fault in the accident and thus your compensation claim should be reduced. By hiring a personal injury lawyer you are instructing someone to act on your behalf with your best interests at the forefront of the decision-making process. Hiring a personal injury attorney will ultimately increase the compensation you receive and deserve.
Why You Should Hire A Personal Injury Lawyer, Point Two
Personal injury lawyers are the experts. They have the legal knowledge and litigation experience to best present your claim. Should you make a legal misstep it could affect not only the amount you receive in compensation but could prevent you from receiving any compensation at all. Personal injury attorneys know the deadlines they have to meet and how. They know how to complete and submit the relevant paperwork, how to value your claim, and how to fight for the damages you deserve. What is more, personal injury lawyers are often known for their aggressive approach and unwavering commitment to litigating to achieve the best possible outcome. Having a specialized personal injury lawyer on your case will pay dividends, quite literally.
Importantly the laws and rules regarding compensation claims and car accidents are not the same in every state. If you have an accident in Indianapolis then you will want to ensure you hire an automobile accident lawyer in Indianapolis. A personal injury attorney in Indiana will have the local legal expertise and experience to deal with your claim. They deal with Indiana-based claims day in and day out. A lawyer who practices daily in the state your claim is being pursued will be better placed and more confident in their local courtrooms, negotiating settlements, and of the legal intricacies of that State.
What is more, hiring a local lawyer may often be more cost-effective as they are more affordable than the larger national firms. You do not need a nationwide attorney for an accident that took place in Indianapolis. You can instruct an automobile accident lawyer in Indianapolis who has proven local legal expertise, knowledge, and success for a lower price.
When To Hire A Personal Injury Attorney
Whether you are hiring an automobile accident lawyer in Indianapolis or surrounding areas you should seek to instruct them as soon as you can after your accident. This will prevent insurance companies from influencing any decision you might make and will ensure every step you take is within the best interest of your claim.
The majority of personal injury lawyers offer a ‘no win no fee’ retainer or free consultations to advise you on your claim. Karpe Litigation Group is one such personal injury attorney in Indiana, which offers free consultations and does not get paid until you get paid.
So if you have been involved in a car accident don’t question why you should hire a personal injury lawyer, or whether you can afford it, just do it.
Karpe Litigation Group handles many types of personal injury and accident cases throughout the state of Indiana. If you have been in an accident causing serious personal injury give us a call for a free consultation. Our firm never charges a fee until you get paid!
Give us a call to schedule a free consultation 1-888-228-7800.
In 2019 the U.S. experienced 173,040 preventable deaths and 48.3 million injuries resulting in $1,097.9 billion in costs. The preventable injury-related deaths have increased 99% over the last 27 years.
In the year 2019 about 1 in 7 people that were injured in an accident sought medical attention. The state of Indiana Crash Facts In 2019 reports that vehicle collision rates were nearly 3 times higher among young drivers than any other age group. You can source the Indiana Traffic Safety Facts publication to learn more about various aspects of traffic collisions, causes, events, conditions, demographics etc. that result in personal injuries and death.
Karpe Litigation Group handles many types of personal injury and accident cases throughout the state of Indiana. If you have been in an accident causing serious personal injury give us a call for a free consultation. Our firm never charges a fee until you get paid!
Give us a call to schedule a free consultation 1-888-228-7800.
The term police misconduct refers to illegal or inappropriate action engaged in by police officers.
A police officer’s conduct can be considered police misconduct in a variety of ways. For example, if an officer performs an unlawful search and seizure or makes a false arrest, it can be considered misconduct. It’s also misconduct if an officer uses excessive force. It’s important to remember, however, that an officer is permitted to use reasonable force if a suspect resists arrest.
Police Misconduct Laws and Claims In Indiana: At A Glance:
You can access the chart provided by FindLaw that provides a helpful overview of police misconduct laws and claims in Indiana. For more detailed information, please visit the links also provided in the chart.
Statutes
Official Misconduct
When A Police Officer May Make An Arrest
When A Police Officer May Use Force
Related Statutes
Note:State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Overall, police misconduct may be on the rise, but laws that protect citizens from police misconduct remain the same. The unalienable civil rights of Americans are protected by the U.S. constitution, and cannot be denied by police officers, no matter the circumstances.
If you think you have been a victim of police misconduct, and your rights have been denied, then you need an experienced lawyer knowledgeable in protecting your civil rights. No matter where you are within the state of Indiana, Karpe Litigation is here to provide justice.
Give us a call to schedule a free consultation 1-888-228-7800.
*Our law firm only accepts Civil Rights & Police Misconduct claims that result in significant physical injury.
