A question recently before the Indiana Court of Appeals was whether a UIM insurer was legally barred for selling a policy with UIM coverage in amounts less than bodily injury liability coverage. Could a policy be invalidated on that basis?

The court answered no in Troy Lee v. Liberty Mutual Fire Insurance Company, disagreeing with the plaintiff truck driver who was injured in an on-the-job crash that the amounts had to be the same.more

After a 2016 Indiana truck crash left him injured, the trucker settled with the other driver, who was at fault, for her liability limit of $225,000. This was higher than the truck policy’s UIM limit ($60,000) but less than his damages and – unfairly, he argued – the $2 million liability coverage.

As our Munster car accident attorneys can explain, the terms of Indiana auto insurance policies can sometimes be successfully challenged in a personal injury case if they are illegal or the terms are clearly unfair or would be bad if applied to the public at-large. Because insurers – not customers – write the contracts, any ambiguity in interpreting a policy is to be construed in favor of the insured.

Here, the issue wasn’t ambiguity but rather an assertion the insurer violated state law that, as plaintiff argued, required insurers to only sell policies in which these two coverage amounts are the same. He cited both Indiana’s UIM coverage statute and a 2017 ruling by the U.S. Court of Appeals that supported his stance. His injury lawyer argued the plain language of state law required insurers to offer policies with equal amounts of coverage for UIM and liability.

Liberty Mutual countered with a different interpretation of the statute, arguing the federal appeals case involved an umbrella policy (not a UIM policy) and the at-fault driver here wasn’t underinsured because her policy limits were greater than $60,000.

Both the trial court and appeals court agreed with the defense. What that means now is we can expect auto insurers increasingly to sell policies with varying liability versus UIM coverage amounts – especially if they’re commercial policies. In effect, a person you injure in causing a crash will be entitled to more coverage than you, if you were hurt in a collision by an at-fault driver who doesn’t have enough to reimburse your total losses.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond.

Popular medications that are known to impact driving:

-Decongestants

-Antihistamines

-Cough medicines

-Antidepressants

-Sleep medicines

-Narcotic pain pills

-Tranquilizers

Most of us have taken some of these at one time or another. But how many of us knew how they would impact our driving abilities? That’s why officials with AAA have created the “Roadwise Rx” tool. It’s an online program that allows you to enter in the medications and the prescriptions that you’re currently taking. The program offers you personalized feedback regarding these side effects.

“With medical conditions typically on the rise as people age, and treatment often dependent on medicinal interventions, there was a critical need to develop a tool to help older drivers understand the safety risk,” said Peter Kissinger the president of AAA.

As we age, our abilities to drive age as well. When you throw medications into the mix, many older adults are at increased risk for an accident and aren’t even aware of it.

It’s important that we’re cognizant of all of the things that can affect our driving. This not only includes the effects of medications, but the effects of sleepiness, anger, distractions and alcohol as well. Knowledge is key in preventing car accidents. Take a look at your loved ones. Are any of them at serious risks for a car accident? This is especially relevant to our elderly drivers.

It’s an issue of increasing concern. By 2020, there are expected to be many more elderly drivers on the road. Officials with AAA estimate that one out of every six people in the country will be 65 years old or older by that time. Baby boomers are also expected to be hanging on to their driver’s licenses longer than their parents.

If you have an elderly loved one, check in on them. Talk with them about their prescriptions and the effects that they might be having on their driving abilities. Go with them to talk to a physician or a doctor or visit the Roadwise Rx website with them.

Being proactive can make a real difference as we head into the busy holiday travel season! more If you or someone you love has been injured or killed in a car accident, contact Highland Injury Attorneys Burton A. Padove for a free and confidential appointment to discuss your rights. Call 219-836-2200. More Blog Entries: Summertime Risks for Accidents in Highland!, Indiana Injury and Family Lawyer Blog, July 8, 2012 Drunk Driving Accidents in Highland and Elsewhere Likely, According to New Statistics, Indiana Injury and Family Lawyer Blog, June 30, 2012

Our Indianapolis drunk driving car accident lawyers understand that almost 350 million people are expected to gather in front of a TV to watch this Sunday’s showdown between the Giants and the Patriots. While the game starts at 6:30 p.m., you’re urged to have your night planned out before then. Super Bowl Sunday is one of the deadliest days on roadways across the U.S. It’s estimated that more than half of all fatal car accidents that happen on this football Sunday are alcohol-related. The big game Sunday was recently ranked in second place as the deadliest day of the year, behind New Year’s Day.

Our personal injury lawyers and GEICO are here to remind you to plan your plays wisely to avoid a DUI arrest or a potentially fatal accident. The Insurance Information Institute (I.I.I.) reports that in 2010, nearly one out of every three fatal car accidents involved a drunk driver. The same statistics report that roughly 48 percent of all fatal accidents that occur on Super Bowl Sunday are alcohol-related.

Tips to Avoid Drunk Driving, from GEICO:

-Be sure you’ve got a designated driver on your team. Make sure they know who they are before the party begins and that they’ve agreed to drunk ZERO alcoholic-beverages.

-Eat plenty of food. Food will help you from over-drinking.

-Bring phone numbers to taxi companies just in case. You never know if you, a friend or another fan may need the assistance.

-Remember that you can be held liable if someone at your Super Bowl party is served too much alcohol and ends up getting into an accident on their way home.

-Watch how much you drink. You want to pace yourself.

-If you’re designated driver bails, call a sober friend or family member, get a cab, stay in a hotel or crash at a friend’s house. Whatever you do, don’t drive if you’ve been drinking.

-Buckle up! Drinking or not, your best defense is a seat belt when you’re in a traffic accident.

The National Highway Traffic Safety Administration reports that midnight to 3:00 a.m. is the deadliest time to be on our roadways. Once the game is over, you’re urged to head home swiftly. The more time you spend on our roadways, the greater your chances are for getting into an accident.

Remember, if you think you’ve spotted a drunk driver on our roadways on Super Bowl Sunday or on any day of the yeas, contact local authorities. Your report could help to save a life. more If you, someone you love or someone in your family has been injured or killed in an alcohol-related car accident in Indiana, call Burton Padove for a free consultation to learn about how to ensure receipt for financial compensation for injuries you or your family members sustain at 219-836-2200.

More Blog Entries: Driver with 100+ Violations Still Causing Car Accidents in Indiana, Indiana Injury And Family Lawyer Blog, January 31, 2012

What he’s talking about is the attitude of drivers. Motorists across the county have what AAA calls the “do as I say, not as I do” attitude, meaning drivers feel that they are exempt from all of the safe driving habits that every motorist should be following. For this reason, car accidents in Indiana and elsewhere continue to plague roadways.Our Indianapolis car accident attorneys understand that most drivers in the U.S. say that they would like to have safer roadways and that they support enforcement efforts to make that a reality. Still, with more laws on the books and more officers on the roadways, drivers refuse to give up their own dangerous driving habits, while expecting that others will give up theirs. Our roadways are filled with these hypocritical drivers, the ones who think others should “do as I say, not as I do.”

In 2011, there were nearly 32,900 lives lost because of car accidents in the U.S. While this is the lowest number of fatalities recorded in 60 years, it still illustrates that roadway safety has a long way to go. According to AAA, someone dies in a car accident in the U.S. every 16 minutes.

AAA recently conducted a survey to get into the minds of drivers. The findings were alarming and illustrated that drivers exercised very little personal responsibility for roadway safety.

The Traffic Safety Culture Index concluded that:

-More than 85 percent of surveyed drivers said that it was unacceptable for a driver to not wear a seat belt, but about a quarter of drivers admitted that they were guilty of the dangerous habit.

-A majority of drivers felt it was unsafe for a driver to travel more than 10 miles per hour over the speed limit on a residential road, but still most of the surveyed drivers admitted that they had done it at least once in the last 30 days.

-More than three quarters of drivers said that they felt that it was unacceptable to get behind the wheel of a motor vehicle after driving, but more than 10 percent of drivers admitted that they were guilty of tipsy driving at least once over the last month.

-More than 90 percent of drivers think that it is dangerous to text message while driving. Despite the fears, nearly 40 percent admitted to sending and receiving texts behind the wheel at least once in the last 30 days.

-More than 65 percent of those who were surveyed said that talking on a cell phone behind the wheel of a motor vehicle was pretty dangerous, but there were more than 30 percent of drivers who said that they’re doing it on a regular basis.

-Speeding was another action that most drivers frowned upon, yet a good portion of drivers admitted that they were in fact guilty of it.

-A good portion of drivers disapprove of drowsy driving, more than 95 percent of to exact. Still, about a third of all drivers said that they’ve been drowsy at the wheel at least once in the last 30 days.

What this study truly illustrates is that, despite all of the safe driving desires of Americans, a majority of drivers still admit to engaging in some of the most dangerous driving habits. AAA and our Indiana car accident lawyers ask that drivers start exercising their safe driving ideals instead of simply relying on others to act responsibly behind the wheel. more If you, a member of your family or someone you love have been injured in a car accident in Indiana, call Burton Padove for a free consultation to learn about how to ensure receipt for financial compensation for injuries you or others sustain at 219-836-2200.

More Blog Entries: Flaky Laws Fail to Reduce Risks of Distraction-Related Car Accidents in Indiana, Indiana Injury And Family Lawyer Blog, January 11, 2012 Make the New Year’s Resolution to Reduce Risks of Car Accidents in Gary, Indiana Injury And Family Lawyer Blog, January 4, 2012

Indiana Rules of Evidence Rule 603 concerns oath or affirmation and states as follow: Rule 603. Oath or Affirmation Before testifying, every witness shall swear or affirm to testify to the truth, the whole truth, and nothing but the truth. The mode of administering an oath or affirmation shall be such as is most consistent with, and binding upon the conscience of the person to whom the oath is administered.

The plaintiff in Raymond Flores v. Juan P. Rocha Gutierrez learned the hard way that truth and disclosure are important throughout the case and specifically when providing information to a treating physician. In that case, the plaintiff was actually fortunate enough to have obtained a default against the Defendant concerning liability, so the Plaintiff was only required to present evidence that his injuries and damages probably were caused by the actions of the defendant.

Mr. Flores had suffered a neck and back injury, previously in 1998. According to his doctor, these problems had resolved by 2001. In December of 2007. he was involved in an automobile accident which was the subject of this lawsuit. Between December of 2007 and July of 2008, he saw his treating physician two or three times and a pain management specialist. In January of 2010, he was injured at work. He next saw the doctor in March of 2010. He did not mention the injury at work, even though a workers compensation claim was pending. During the discovery process he had denied any prior back or neck injuries. On direct examination, the doctor indicated that the patient’s current back and neck problems were due to the 2007 vehicle accident. During cross examination at trial, the physician specifically testified that the fact of a fall would be relevant to his diagnosis, that he had been unaware of Flores’s January 2010 fall when reaching his diagnosis, and that his assessment of Flores was based, at least in part, upon the patient’s representations.

In this instance, the plaintiff placed his physician in a very difficult situation as the doctor did not have all of the facts about his patient’s condition and history at the time of testifying. The jury chose to not give any damages, so although plaintiff may have suffered injury, he received absolutely nothing for his lost wages, pain and suffering, disability and medical expenses. The jury’s verdict was quite possibly due to his lack of candor in failing provide full and truthful disclosure during discovery as well as his withholding of injury information to his physician despite the fact that he had filed a workers compensation claim.

On another note, the court chose to allow photographs depicting a lack of significant property damage from the collision without any expert testimony stating whether the lack of property damage was an indication that the plaintiff was not injured. This is a terrible blow to the plaintiff’s bar and to accident victims as it is pretty common knowledge that even a sneeze can cause a disk injury under certain circumstances. There will now be an increased burden on injury victims of low impact collisions to prove their losses and to obtain compensation. more Burton Padove is a personal injury attorney who has represented victims of accidents, malpractice, bad drugs and defective property conditions for thirty years. Your comments are welcome. For more information regarding other topics click on the various categories listed in this blog for more information or please visit his website at www.indianapersonalinjurylawyer.net. He can be reached at (219) 836 2200.

Aggressive dogs are considered aggressive when they growl, bark, or lunge forward. There are also specific cases when dogs tend to be more aggressive, including:

• Some dogs become aggressive to protect their property or dog owner.

• Other dogs tend to become aggressive based on the actions of others, such as, being fearful of a dog. The senses of dogs are very in tune with fear. This is because they rely on the dog owner to be in control of all situations and direct action when necessary. When dog owners cannot manage the fear that an individual has because of a dog, the dog does not know what else to do but to become aggressive.

• Dogs may become aggressive when a person invades their space before the dog has a chance to see the person and sniff the person.

• Dogs may become aggressive when they feel lunged toward or when a person puts their face in front of a dog’s face.

• Dogs may become aggressive when a person looks into the eyes of the dog.

• Some dogs become aggressive when the mood is not calm. Such is the case for dogs often, when there are passersby like walkers or joggers.

Dog Bite Protocol

• Remain as calm as possible and note any details about the dog that you can, such as, dog tags. Avoid pulling away as this may lead to a larger wound. Notice identifying tags so you can cross check the dog’s health record to see if the dog is up-to-date with vaccinations.

• Seek out immediate medical attention to rule out rabies and to receive a tetanus shot. You may also require stiches, antibiotics or other treatment. Facial wounds require special care to help preserve aesthetics, while maintaining the functionality of the affected area.

• Inform animal control about the dog and contact a personal injury attorney who can assist in protecting your legal rights for a claim.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Obviously, there are more risks involved with transporting a large number of passengers. In terms of liability for mass transit accidents, governmental laws offer immunity. In some cases, the degree of liability varies as well. State statutes typically govern the laws regarding mass transit accidents. This is why it is extremely important to seek out the advice of a personal injury attorney who is familiar with the laws of mass transit. He or she will investigate your case to determine the validity of your claim in the eyes of the law. Once the preliminary investigation, called the discovery period, is complete, a lawsuit may be filed against suspected liable parties.

Liable parties may include other vehicles involved in the accident, property that created an obstacle and caused the accident, or any other variable that was a factor in the mass transit accident. In the end, there may be limits to liability, but appropriate compensation to ease the burden from suffering following an accident can be comforting with the assistance of a personal injury attorney.

If you are need of a lawyer due to personal injury, please contact attorney Burton A. Padove at Padove Law at (219) 836 2200.

Physicians who prescribe Proton Pump Inhibitors closely monitor patients when they are prescribed a Proton Pump Inhibitor. Accordingly, physicians request that patients check in to let the physician know if the medication is working. Physicians may also request the patient return of the office for follow up evaluation after being on the medication for a week or so. Physicians may also prescribe other diagnostic tests to identify any other possible treatment plans that may be an adjunct to treatment or an alternative to treatment. Studies seem to indicate the risk is reduced when the medication is not used for more than 14 days, three times a year.

In essence, it’s wise to be certain you are aware of medication risks. It may also be important for you to know that medications that are less safe and less effective than alternatives are not meant to be approved by the Food and Drug Administration.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

Now this this form of Internet taxation has one become known as the Amazon Tax. Illinois Gov. Pat Quinn signed the legislation to generate cash flow from state sales taxes collections on the Internet. This law applies to online companies based out of Illinois, while conducting business on websites

• The Tax Foundation has not seen evidence to suggest that this type of taxation will generate substantial revenue for individual states.
• Illinois companies may be force to leave the state if estimations in taxation prove to be the threatening to the survival of the business.

The Internet has opened the door for people of every demographic to start a business. It is representative of the entrepreneurial spirit in the U.S. While some websites may create an Internet presence that suggests the company is large and revenue producing, there are many websites that are the actual store front of people working from home to contain costs through difficult economic times. Illinois Internet retailers may not be subject to the law if information demonstrates that the majority of the company’s business is not based in the state of Illinois.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

People with allergies to soy may experience an upset stomach, abdominal pain and in rare cases a serious allergic reaction that may be life threatening.

Garden of Life, LLC conducted a sample test to uncover that several packages showed positive for soy proteins. This recalled product was produced by a manufacturer that is not owned by Garden of Life. Regardless, Garden of Life quality control practices are still in place for products that Garden of Life distributes.

The only affected lots were distrusted between March 2009 and January 2011 or are the remaining in expiry. The Raw Vitamin C product was available online and throughout the U.S. in retail outlets and stores.

If you are uncertain if your products are contaminated, you can go to the company website or bring your unused portion to the place of purchase to receive a full refund.

Food allergens are discovered in products on the market throughout the year. When these discoveries are made, manufacturers and distributers will typically voluntarily recall the product. This means that the product will be taken off the shelves of stores and will not be available on the Internet. This also means that you can usually take the product back to the place of purchase for a refund. Yet, unless you read recall notices such as this one, you may not be aware of products in your home that have been recalled.

Overall, the risk of a foodborne illness is rare. Yet, rare is relational to the total number of people affected by the recall, which may consequently still be a great number, depending upon the extent of distribution.

If you, your family or a friend need to protect their legal rights, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.

If you are interested in attending,or have any questions call the truck safety organization at 888.353.4572 or 703.294.6404. You can also send an email to info@trucksafety.org. More information will be posted at www.trucksafety.org in the near future.

You may also contact Burton A. Padove a truck safety member for more information on this conference, truck safety issues and for truck and tractor trailer accident representation. Attorney Burton Padove accepts trucking negligence cases for seriously injured victims on a no recovery-no fee basis. Truck/car collisions result in wrongful death, brain injuries, paralysis, fractured bones, internal damage, pain, suffering , disability, disfigurement and lost income every day, not only on the interstates, but in towns and on highways and roads everywhere.

If you, your family or a friend have suffered damages, incurred medical expenses from an accident involving an 18 wheeler or any other size truck and need assistance in asserting your rights for justice and compensation, contact truck safety and accident lawfirm PADOVE LAW, toll free at (877) 446 5294 for a free consultation. For more information visit www.padovelaw.com or www.indianapersonalinjurylawyer.net.

Since roughly 80% of Social Security Disability Claims are denied the first time around, it’s important to do your homework before filing your claim. The following information cannot provide adequate information for you to make well-educated decision about your security disability claim. Yet, it may encourage you to seek out assistance when completing your documentation. Check out the top five things you’ll want to know about social security disability benefits.

• Errors or missing information can back log your claim for 4-6 months. Work history and payroll tax payments must be verified to qualify for social security disability.

• Approximately 85,000 U.S. citizens are injured daily and may be entitled to Social Security Disability benefits since SSI does not require that the disability be job related.
• SSDI is a US Federal program funded by payroll taxes.
• Eligibility for benefits begins wit the criteria that the injured party has not been able to work for 12 months.
• At 65 years of age, SSDI converts to socials security benefits.
• Nearly 13 million receive social security disability benefits annually.

• If you have a partial disability or short-term disability, you will not be eligible for social security disability benefits.

If you need a lawyer, contact Burton Padove at 219-836-2200.

Mesothelioma is suspected to develop in 3,000 people annually after it is undetectable for up to 50 years after contact with asbestos and cancer. Initial symptoms may include: weight loss, fever, night sweats, cough, breathing difficulty, chest pain, and ultimately swelling of the abdomen, bowel obstruction, blood clotting abnormalities, anemia, and a lowered red blood cell count. Mesothelioma can affect the abdominal, lung and/or heart linings. Many die within a year following diagnosis.

Recently, twenty six defendants settled a mesothelioma case for an undisclosed amount. However, a settlement offer by Union Carbide was rejected by the plaintiff. Instead, the plaintiff and associated family members went to trial against Union Carbide.

The primary plaintiff a man who was son of a construction and maintenance worker at Louisville Gas & Electric, located near powerhouses and associated with Union Carbide. His father also hung drywall containing asbestos fibers. The man claimed that he contracted cancer from his father by bringing asbestos dust home on his clothes. He also stated that he slept in the room where the laundry was held as a child, played in the dirty laundry piles and sometimes accompanied his father at work. Consequently, the reason for his mesothelioma cancer. The only known cause for mesothelioma is asbestos.

The results of the trial prevailed for Union Carbide since jurors unable to definitely conclude that Union Carbide should be responsible for plaintiff financial compensation based on legal premises. Typically, mesothelioma victims settle out of court to ensure that they receive compensation.

Mesothelioma Lawsuits

On a positive note, the law allows for mesothelioma cases to be fast tracked in court since the cancer is not usually detected until mid late stage when death is eminent. There are only a select number of personal injury attorneys who handle mesothelioma lawsuits.

If you or a loved one has cancer due to asbestos, contact Burton Padove for a free consultation at 219-836-2200.

Kevin Costner has also stepped up to the plate with 2.5 ton centrifugal technology that he purchased from the Department of Energy and improved upon over the course of fifteen years. This technology was designed as a “first response” mechanism for separating oil from water. The technology is currently being improved upon to meet Gulf oil spill needs since the oil has been in the water for quite some time which makes it hardened in a much thicker form of consistency. Kevin Costner spent $25 million on this technology and $1 million has been spent on improvements and testing. BP has submitted a letter of intent to purchase 32 machines at a cost of approximately $500,000 each. Kevin Costner plans to donate 80% of his proceeds to those suffering in the marshlands and fisheries.

There have been 110 million gallons or more of oil that has filled the Gulf and surrounding waters since the April 20, 2010 oil rig explosion. Despite BP’s efforts to remedy the situation using an apparatus to block the oil from seeping and burning the oil on the waters, the situation is far from resolved. In the meantime, Kevin Costner’s centrifugal technology is being reviewed by regulatory authorities before it can be used in the Gulf waters.

If you or a loved one has been affected because of the oil spill, contact Burton Padove, Indiana lawyer, for a free consultation at (219) 836 2200.

Tires Recall Models

Since there are several tire models that are affected by the recall, it is important to check the manufacturer’s website to see if your tires are a part of the recall. It is important to note that recalls do not necessarily occur when the product first appears on the market. Recalls may take place in any time period after the product has reached the market. Certain tires supplied by the following companies are a part of the June 2010 recall.

• Avon Tires
• Nitto Tires
• Bridgestone Tires
• Nokian Tires
• Del-Nat Tires
• ACCC, American Car Care Centers
• Petboys Tires
• TBC Tires
• Hercules Tires
• Cooper Tires

It is also important to note that tires which sit on store shelves for a long period of time may lose adhesion when on the road. So, it is wise to find out how long your tire company has had their tires on their shelves before you purchase any. Tire defects have been known to cause serious car accidents. If you are in a car accident because of a tire blow out, keep your tire and contact a lawyer. Car accident lawyers know experts who can evaluate your tire to identify if a defect was responsible for your accident.

If you have been injured in a car accident, contact Burton Padove for a free consultation at 219-836-2200.

Manufacturers are responsible to design products in a way that safeguards against risks such as a fire hazard. If the manufacturer is unable to guard against a risk in the development of the product, the manufacturer must display a warning about the risk associated with the product on the product label. Each year, hundreds of products are recalled because the risk associated with the product is not identified until the product hits the mainstream market and injuries occur. Then, the recall is announced. In some cases thereafter, the product manufacturer redesigns the product to meet safety requirements or adds a warning to the product label. In some cases, the recalled product is banned from the U.S. market.

Eastwind conducted the recall in cooperation with the U.S. Consumer Product Safety Commission. The Kuuma Stow and Go Grills, made in Thailand, were sold in U.S. nationwide stores from January through August 2009. Eastwind has made available new instructions for the installation of the barbecue grill parts and will provide a new tool to use when cleaning the fuel system. This remedy is considered acceptable at this time, according to Consumer Product Safety Standards.

If you or a loved one has been injured by a defective product, contact Burton Padove for a free consultation at 219-836-2200.