What Indiana Cities Can We Handle Your Expungement Case?
What Indiana Cities Can We Handle Your Property Crime Case?
What Indiana Cities Can We Handle Your OVWI Case?
What Indiana Cities Can We Handle Your Alcohol Offense Case?
What Indiana Cities Can We Handle Your Drug Possession Case?
What Indiana Cities Can We Handle Your Gun Possession Case?
What Indiana Cities Can We Handle Your Assault & Battery Case?
What Indiana Cities Can We Handle Your Truck Accident Case?
What Indiana Cities Can We Handle Your Motorcycle Accident Case?
What Indiana Cities Can We Handle Your Car Accident Case?
What Indiana Cities Can We Handle Your Wrongful Death Case?
What Indiana Cities Can We Handle Your Slip and Fall Case?
What Indiana Cities Can We Handle Your Premises Liability Case?
What Indiana Cities Can We Handle Your Pedestrian Accident Case?
What Indiana Cities Can We Handle Your Nursing Home Accident Case?
What Indiana Cities Can We Handle Your Construction Accident Case?
What Indiana Cities Can We Handle Your Dog Bite Case?
What Indiana Cities Can We Handle Your Bicycle Accident Case?
Can children recover different damages than adults?
Children may be entitled to additional compensation for psychological trauma, future plastic surgery, and impacts on their development. Courts often award higher damages for injuries to children due to their vulnerability and longer life expectancy.
What if the dog is quarantined after the attack?
Indiana law requires dogs that bite humans to be quarantined for rabies observation. This doesn’t affect your right to pursue compensation, and the quarantine requirement actually supports your case by documenting the incident officially.
Can I sue if I fell on government property?
Yes, but claims against government entities are governed by the Indiana Tort Claims Act, which has specific notice requirements and shorter deadlines. It’s essential to contact an attorney immediately if your accident occurred on city, county, or state property.
How long does a slip and fall lawsuit take?
The timeline varies depending on the complexity of your case, the severity of your injuries, and whether the case settles or goes to trial. Simple cases may resolve in a few months, while complex cases could take a year or more.
How Long Does It Take to Resolve a Premises Liability Case in Indiana?
Timeline varies significantly based on case complexity, injury severity, and willingness to settle. Simple cases may resolve in months, while complex cases requiring extensive medical treatment or disputed liability may take years. Your attorney can provide a more specific timeline based on your case details.
What Are the Long-term Consequences of Drug Possession Convictions?
Beyond criminal penalties, drug convictions can affect employment, professional licensing, housing, education funding, immigration status, and driving privileges. Our attorneys work to minimize these collateral consequences through strategic defense. We also help clients pursue record expungement when eligible to restore opportunities.
Can Police Search My Phone During a Drug Arrest?
Generally, police need a warrant to search your phone’s contents. However, they may examine the phone’s exterior and access emergency information. Never consent to phone searches and immediately request an attorney if arrested.
How Long Do Drug Possession Cases Take in Indiana?
Case duration varies widely depending on complexity, court schedules, and whether you accept a plea deal or go to trial. Simple possession cases may resolve in 2-4 months, while complex felony cases can take 6-12 months or longer.
What Should I Expect During a Drug Possession Court Case?
Drug possession cases typically involve arraignment, pre-trial motions, discovery, plea negotiations, and potentially trial. Most cases resolve through plea agreements, but having an experienced attorney ensures your rights are protected throughout the process. Our attorneys also handle related charges like OVWI that may arise during traffic stops.
Can Drug Convictions Be Expunged in Indiana?
Many drug convictions can be expunged after meeting specific waiting periods and requirements. Misdemeanor convictions may be eligible after 5 years, while felony convictions require 8-10 years. We help eligible clients clear their records through Indiana’s expungement process.
What Happens if I’m Caught with Drugs in My Car in Indiana?
Vehicle drug possession cases involve complex search and seizure laws. Police need reasonable suspicion or consent to search your vehicle. Evidence from illegal searches can be suppressed, potentially leading to case dismissal.
Can I Get Drug Possession Charges Reduced in Indiana?
Yes, experienced attorneys can often negotiate charge reductions through plea bargaining, challenging evidence, or demonstrating mitigating circumstances. Factors like first-time offender status, small quantities, and cooperation can lead to reduced charges.
Can I Be Charged With Gun Possession if the Firearm Wasn’t Mine?
Yes, you can be charged with constructive possession if you had knowledge of the firearm’s presence and the ability to control it. Our attorneys can challenge constructive possession claims and evaluate defenses based on your specific circumstances.
What Should I Do Immediately After Being Arrested for Gun Possession?
Exercise your right to remain silent, do not consent to searches, and contact an experienced Indiana gun possession attorney immediately. Early intervention can significantly impact the outcome of your case.
How Long Do I Have to Wait to Restore My Gun Rights After a Domestic Battery Conviction?
Indiana Code Section 35-47-4-7 provides a mechanism to restore firearm rights five years after a domestic battery conviction, considering factors such as absence of subsequent protective orders, no additional criminal activity, and demonstrated rehabilitation. The process involves petitioning the court that issued the original conviction.
What Happens if I’m Caught With a Gun With an Obliterated Serial Number?
Possessing a firearm with an altered, removed, or obliterated serial number is a Level 5 felony under Indiana Code Section 35-47-2-18, punishable by 1 to 6 years in prison and substantial fines.
Can I Carry a Gun in My Car Without a Permit in Indiana?
Under Indiana’s permitless carry law, individuals 18 or older who are not prohibited from owning firearms can carry in their vehicles without a permit. However, federal and state prohibitions still apply to certain individuals and locations.
What’s the Difference Between State and Federal Gun Possession Charges?
State charges are prosecuted under Indiana law with penalties ranging from misdemeanors to felonies. Federal charges typically carry more severe penalties and include felon in possession (18 U.S.C. Section 922(g)), drug trafficking with firearms, and interstate transportation of stolen firearms. Federal cases are handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted in federal court.
How Does Indiana’s Permitless Carry Law Affect Existing Gun Possession Charges?
The permitless carry law removed licensing requirements for many individuals but does not eliminate all gun possession charges. Federal prohibitions, restrictions on prohibited persons, and location-based restrictions remain in effect.
What makes nursing home abuse cases different from other personal injury cases?
Nursing home abuse cases involve vulnerable elderly victims who depend entirely on their caregivers. These cases often require specialized knowledge of federal and state nursing home regulations, elder care standards, and the unique medical needs of elderly residents.
Can I move my loved one to a different facility while pursuing a legal case?
Yes, you can and should move your loved one to a safer facility if abuse is suspected. Prioritizing their safety and well-being is most important, and moving them will not harm your legal case.
How much does it cost to hire a battery defense attorney?
Legal fees vary based on case complexity, charges severity, and required time. We offer initial consultations to discuss your case and provide transparent fee structures. The cost of experienced legal representation is minimal compared to the potential consequences of a conviction.
Can battery charges be expunged from my record?
Depending on the circumstances and type of conviction, you may be eligible for expungement in Indiana. Our attorneys can evaluate your case and help you understand your options for clearing your record.
What happens if I’m convicted of OWI with a minor in the vehicle?
Having a minor passenger during an OWI elevates the charge to a Level 6 felony, carrying 6 months to 2.5 years in prison and fines up to $10,000. This serious charge requires immediate legal representation to minimize consequences and protect your future. Learn more about our felony defense services for comprehensive representation.
What’s the difference between OWI and DUI in Indiana?
Indiana uses the term “Operating While Intoxicated” (OWI) instead of “Driving Under the Influence” (DUI). The terms are essentially the same – both refer to operating a vehicle while impaired by alcohol or drugs. Indiana law defines intoxication as having a BAC of 0.08% or higher for adults 21 and over, 0.02% for minors, and 0.04% for commercial drivers per Indiana Code 9-30-5.
Can I refuse a breathalyzer test in Indiana?
While you can refuse a breathalyzer test, Indiana’s implied consent law means your license will be automatically suspended for one year for refusal (compared to 180 days for a first OWI conviction). However, refusal may make it harder for prosecutors to prove intoxication, which is why you need an experienced attorney to evaluate your specific situation.
What evidence is important for my construction accident case?
Key evidence includes photos of the accident scene, witness statements, medical records, safety training records, equipment maintenance logs, OSHA inspection reports, and any safety violations. The sooner we can investigate, the better we can preserve crucial evidence.
What if my car accident injuries didn’t appear immediately?
Some injuries like whiplash, concussions, or soft tissue damage may not show symptoms for days or weeks. Seek medical attention promptly and keep detailed records. According to the National Highway Traffic Safety Administration, delayed onset injuries are common in car accidents, and Indiana’s statute of limitations typically begins from the date of injury discovery, not the accident date.
What if my accident involved a pedestrian or cyclist?
Car accidents involving pedestrians or cyclists require specialized legal knowledge. Our attorneys handle pedestrian accident and bicycle accident cases with experience in these unique liability situations.
Do I need a lawyer for a minor car accident in Indianapolis?
Even minor accidents can result in delayed injuries and complex insurance issues. Insurance companies often try to minimize claims, so having legal representation protects your rights and ensures fair compensation.
What if I was partially at fault for my Indianapolis car accident?
Under Indiana’s modified comparative fault rule, you can still recover compensation if you’re less than 50% at fault. Your compensation will be reduced by your percentage of fault. If you’re 51% or more at fault, you cannot recover damages under Indiana Code 34-51-2-6.
What if the accident happened in a construction zone?
Construction zone accidents may involve additional liability from contractors, government entities, or inadequate safety measures. We investigate all potential sources of compensation.
How long do I have to file a pedestrian accident claim in Indiana?
In Indiana, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. It’s important to act quickly to preserve evidence and avoid missing this deadline.
What types of compensation can I recover?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, future medical care, and permanent disability or disfigurement. In some cases, punitive damages may also apply if the driver acted with gross negligence.
What if I was partially at fault for the accident?
Indiana follows a comparative fault rule, which means you can still recover damages if you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you’re found 20% at fault, your award will be reduced by 20%.
Who can be held liable in a pedestrian accident?
Liability often falls on the driver, but other parties may be responsible as well—such as employers of commercial drivers, municipalities for unsafe crosswalks, or third parties who contributed to the accident. An attorney can investigate and determine all potential sources of liability.
What should I do immediately after being hit as a pedestrian?
Seek medical attention right away, even if injuries seem minor. Call the police to file a report, document the scene with photos, gather witness information, and avoid discussing fault. Contact an attorney as soon as possible to protect your rights.
How Do I Prove the Property Owner Knew About the Dangerous Condition?
Evidence may include maintenance records, previous incident reports, surveillance footage, witness testimony, and documentation showing the condition existed long enough that reasonable inspection would have discovered it. Property owners are expected to conduct regular inspections and address known hazards promptly. The American Bar Association provides educational resources on understanding legal standards for property owner responsibilities.
Who is Responsible When I’m Injured on Rental Property in Indiana?
Liability depends on the specific circumstances and lease agreements. Both landlords and tenants may share responsibility depending on who controls the area where the injury occurred and who is responsible for maintenance. Generally, landlords are responsible for common areas and structural issues, while tenants handle areas under their direct control.
What if the Property Owner Claims I Was Trespassing?
Even trespassers have some legal protections in Indiana. Property owners cannot willfully or wantonly injure trespassers, and special rules apply to children under the attractive nuisance doctrine. However, the level of care owed to trespassers is significantly lower than that owed to invitees or licensees.
Can I Sue for Inadequate Security in Indiana?
Yes, if inadequate security contributed to your injury, you may have a claim for negligent security. This often applies in cases involving assaults, robberies, or other crimes that could have been prevented with proper security measures like adequate lighting, working cameras, or security personnel. Our Indianapolis criminal defense attorneys can also help if you face charges related to the incident.
How Much is My Indiana Premises Liability Case Worth?
Case value depends on multiple factors including the severity of your injuries, medical expenses, lost wages, pain and suffering, and the degree of negligence involved. Economic damages cover measurable losses, while non-economic damages compensate for pain, suffering, and reduced quality of life.
What Happens if I Miss the Two-year Deadline for Filing?
Missing Indiana’s two-year statute of limitations typically bars your right to pursue compensation permanently. However, rare exceptions may apply in cases involving minors, mental incapacity, or fraudulent concealment of the injury’s cause. Immediate legal consultation is essential to protect your rights.
Do I Need a Lawyer for My Indiana Premises Liability Case?
While not legally required, premises liability cases involve complex legal standards, insurance company tactics, and significant evidence gathering. An experienced attorney can properly investigate your case, preserve crucial evidence, and negotiate with insurance companies to maximize your compensation. If you’re facing related criminal charges, our Indianapolis OVWI attorneys can help with those matters as well.
Who Can File a Wrongful Death Claim in Indiana?
Typically, the personal representative of the deceased’s estate files the claim. In most cases, this is a close family member such as a spouse, parent, or adult child.
What is Considered a “Wrongful Death”?
A wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another individual or entity.
What Compensation is Available in a Wrongful Death Case?
Families may be entitled to compensation for funeral costs, final medical expenses, lost future earnings, loss of companionship, and emotional suffering.
Is There a Time Limit for Filing a Wrongful Death Lawsuit in Indiana?
Yes. Indiana law generally allows two years from the date of death to file a wrongful death claim. Failing to act within this window may forfeit your right to seek compensation.
What if the Deceased Was Partially at Fault for the Accident?
Indiana follows a modified comparative fault rule. If the deceased was less than 51% responsible for the incident, the estate can still recover damages, though they may be reduced accordingly.
How is Wrongful Death Different From a Criminal Case?
A wrongful death claim is a civil lawsuit focused on financial compensation, whereas criminal cases seek punishment like jail time. You can pursue a wrongful death claim even if no criminal charges are filed.
Do I Need an Attorney for a Wrongful Death Claim?
Yes. Wrongful death cases are legally complex and emotionally charged. An experienced attorney can handle investigations, documentation, and negotiations while you focus on healing.
What should I do after being hit while riding my bicycle?
Call 911 and seek medical attention. Get the driver’s contact and insurance information, take photos of the scene and injuries, and request a copy of the police report. Then consult a bicycle accident lawyer.
Can I file a claim if I was hit by a car but not in a bike lane?
Yes. Even if you weren’t in a designated bike lane, drivers still owe a duty of care to cyclists. You may still be entitled to compensation depending on the facts of the case.
What damages can I recover after a bicycle accident in Indiana?
You can pursue compensation for medical expenses, lost income, pain and suffering, bike repair or replacement, and long-term rehabilitation costs if needed.
What if the driver fled the scene of the bicycle accident?
You may still have options through your uninsured motorist coverage or other legal avenues. An attorney can help identify potential sources of compensation in hit-and-run cases.
Do I need to wear a helmet to file a bicycle accident claim?
While helmet use is strongly recommended, Indiana does not require helmets for adult cyclists. Not wearing one doesn’t bar you from filing a claim but may impact certain injury-related damages.
How is liability determined in bicycle accident cases?
Fault is based on negligence. We’ll examine police reports, witness statements, traffic violations, and surveillance footage to determine who was responsible for the crash.
How long do I have to file a bicycle accident lawsuit in Indiana?
You typically have two years from the date of the accident to file a personal injury claim under Indiana law. It’s important to act quickly to preserve evidence and your legal rights.
What should I do immediately after a motorcycle accident in Indiana?
Call 911 and get medical help right away. If safe, take photos of the scene, exchange information with others involved, gather witness details, and file a police report. Then contact a motorcycle accident attorney.
Can I still recover compensation if I wasn’t wearing a helmet?
Yes. Indiana only requires helmets for riders under 18 or those with a learner’s permit. Not wearing a helmet may reduce your compensation in head injury cases but does not prevent you from filing a claim.
What types of compensation can I receive after a motorcycle accident?
You may recover damages for medical bills, lost wages, pain and suffering, motorcycle repairs or replacement, emotional distress, and long-term disability or rehabilitation needs.
Who can be held liable in a motorcycle accident?
The at-fault party could include another driver, a commercial vehicle operator, a municipality (for poor road conditions), or even a manufacturer (for defective parts).
How is fault determined in Indiana motorcycle accident cases?
Indiana follows a modified comparative fault rule. If you are less than 51% at fault, you can recover compensation—though your damages will be reduced by your percentage of fault.
How long do I have to file a motorcycle accident claim in Indiana?
The statute of limitations in Indiana is two years from the date of the accident. If you miss this deadline, you may lose your right to compensation.
Why should I hire a motorcycle accident attorney?
Motorcycle claims often involve severe injuries, large damages, and disputes over fault. An experienced attorney can gather evidence, negotiate with insurance companies, and take your case to court if needed.
How Long Do I Have to File a Truck Accident Lawsuit in Indiana?
Under Indiana law, you have two years from the date of your truck accident to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, you may permanently lose your right to seek compensation. However, there are limited exceptions, such as cases involving minors or when the responsible party leaves the state.
Do I Need a Lawyer for My Truck Accident Case?
While not legally required, truck accident cases involve complex federal regulations, multiple insurance companies, and substantial potential compensation. Insurance companies have experienced legal teams working to minimize payouts. Having an experienced truck accident attorney levels the playing field and significantly improves your chances of fair compensation.
How Much Does It Cost to Hire a Truck Accident Attorney?
We work on a contingency fee basis, meaning you pay no upfront costs or attorney fees unless we secure compensation for you. Our fee comes from a percentage of your settlement or court award, so we only get paid when you do. This allows you to access experienced legal representation without financial risk.
What Makes Truck Accident Cases Different From Regular Car Accident Cases?
Truck accident cases are significantly more complex due to federal regulations governing the trucking industry, multiple potentially liable parties, higher insurance coverage limits, and the severity of injuries typically involved. Commercial trucks must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, and violations can strengthen your case.
What if I Was Partially at Fault for the Truck Accident?
Indiana follows a modified comparative fault system. If you are found to be partially at fault, your compensation will be reduced by your percentage of fault. However, if you are more than 50% at fault, you cannot recover any damages. Our attorneys will work to minimize any fault attributed to you.
Will an expungement completely erase my criminal record?
For most purposes, yes. Once an expungement is granted, the record is sealed from public view. However, certain government agencies (like law enforcement or professional licensing boards) may still have access to the record for specific purposes, and it can be used if you commit another crime.
Why should I hire an attorney for the expungement process?
Indiana’s expungement statutes are complex, with specific eligibility criteria, waiting periods, and filing procedures. An experienced expungement attorney can help determine your eligibility, prepare all necessary legal documents, navigate the court process, and address any potential objections, ensuring you maximize your chances of a successful expungement.
Is there a limit to how many times I can get an expungement in Indiana?
Under Indiana law, expungement of convictions is generally permitted once per lifetime for each county where you have eligible convictions. This makes it very important to handle the process correctly the first time to maximize the benefit.
Can both convictions and arrest records be expunged in Indiana?
Yes, Indiana law allows for the expungement of both criminal convictions (misdemeanors and certain felonies) and records of arrests or charges that did not lead to a conviction.
How long do I have to wait to apply for an expungement in Indiana?
The waiting period varies by the severity of the offense. For example, a misdemeanor conviction typically requires a waiting period of five years from the date of conviction or completion of sentence (whichever is later). Felonies have longer waiting periods, which depend on the class of felony and whether it resulted in serious bodily injury. Records of arrests or charges that did not result in a conviction generally have shorter or no waiting periods.
Am I eligible for expungement in Indiana?
Eligibility depends on the type of offense (misdemeanor, felony), the outcome (conviction or just an arrest/charge), and whether certain waiting periods have passed. Most criminal offenses are eligible, but some serious violent or sexual offenses are not. It’s crucial to consult an attorney to determine your specific eligibility.
What does it mean to “expunge” a criminal record in Indiana?
Expungement in Indiana is the legal process of sealing or removing a criminal record (conviction, arrest, or charge) from public view. This can significantly improve a person’s ability to secure employment, housing, and educational opportunities.
Does Kaushal Law LLC serve clients outside of Indianapolis for OVWI cases?
Yes, Kaushal Law LLC serves clients throughout central Indiana, which includes Indianapolis, Frankfort, and Kokomo, providing defense against OVWI charges.
How can Kaushal Law LLC help with my OVWI case?
Kaushal Law LLC provides dedicated legal defense for OVWI charges. Their attorneys review the specifics of your stop and arrest, challenge prosecution evidence (including BAC tests and FSTs), and work to protect your rights, aiming for the best possible outcome, whether that’s a dismissal, reduced charges, or defense at trial.
What should I do if I am pulled over on suspicion of OVWI?
You should remain calm and polite. You are generally not required to perform field sobriety tests. If you are arrested, you have the right to remain silent and the right to an attorney. It is crucial to contact an experienced OVWI attorney as soon as possible after an arrest.
Can I refuse a chemical test (like a breathalyzer or blood test) in Indiana?
Indiana has an “implied consent” law. While you can refuse a chemical test, doing so can lead to an automatic driver’s license suspension for a minimum of one year, regardless of whether you are convicted of the OVWI charge.
How does the prosecution typically try to prove an OVWI in Indiana?
Prosecutors often rely on several factors to prove impairment, such as observed driving behavior, the results of field sobriety tests (FSTs), physical indicators of intoxication (like slurred speech or red eyes), and the results of chemical tests (breath, blood, or urine).
What are the potential consequences of an OVWI conviction in Indiana?
An OVWI conviction in Indiana can lead to serious penalties, including jail time, significant fines, mandatory participation in alcohol or drug education programs, and the suspension of your driver’s license. The severity of these consequences depends on factors like your BAC, prior offenses, and whether injuries or property damage occurred.
What does OVWI stand for in Indiana?
OVWI stands for “Operating a Vehicle While Intoxicated.” In Indiana, this means driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or operating a vehicle while impaired by alcohol, drugs, or a combination of both.
What are some common defenses against property crime charges in Indiana?
Common defenses can include demonstrating a lack of criminal intent, providing an alibi, claiming mistaken identity, proving ownership or consent, or challenging the legality of how evidence was obtained by law enforcement. The best defense strategy always depends on the unique circumstances of each case.
What is the key difference between burglary and robbery in Indiana?
In Indiana, burglary is an offense against property, typically involving breaking and entering a building or structure with the intent to commit a felony (like theft) inside. Robbery, on the other hand, is considered a violent crime against a person, involving taking property from another person by using or threatening force. The presence of force or threat of force is the distinguishing factor for robbery.
How is “theft” defined in Indiana, and what factors affect its severity?
Indiana law defines theft as knowingly or intentionally exerting unauthorized control over the property of another person, with the intent to deprive the owner of its value or use. The severity of a theft charge depends heavily on the value of the stolen property (e.g., under $750 for a misdemeanor, over $750 for a felony) and the type of property (e.g., firearms or motor vehicles can elevate charges regardless of value).
What are the potential penalties for property crimes in Indiana
Penalties for property crimes in Indiana vary significantly based on the specific offense, the value of the property involved, and any prior criminal history. Charges can range from Class A misdemeanors (up to 1 year in jail, $5,000 fine) to Level 5 or Level 6 felonies (with potential prison sentences from 6 months up to 6 years and fines up to $10,000).
What are some common types of property crimes in Indiana?
Common property crimes in Indiana include theft (which can range from shoplifting to motor vehicle theft), burglary, arson, criminal mischief (vandalism), trespass, and conversion.
What is considered a property crime in Indiana?
In Indiana, property crimes generally involve the intentional or unintentional acts of destruction or theft to public or private premises, or otherwise exerting unauthorized control over another person’s property. These crimes focus on the property itself rather than direct harm to an individual.
What are the penalties for a first-time DUI in Indiana?
A first-time DUI (OWI) in Indiana can result in up to 60 days in jail, fines up to $500, license suspension for up to 2 years, and mandatory substance abuse education—even if no one was injured.
Can I get an underage drinking charge expunged in Indiana?
In some cases, yes. If you meet specific eligibility requirements—such as completing probation and remaining conviction-free—you may petition the court for expungement after a waiting period.
Is public intoxication a misdemeanor in Indiana?
Yes. Public intoxication is a Class B misdemeanor in Indiana. It’s illegal to be intoxicated in public in a way that endangers yourself or others, or breaches the peace.
Will I lose my license after an alcohol-related offense?
Possibly. For DUI/OWI offenses, your license may be suspended by the BMV or court, even before a conviction. An attorney can help you fight the suspension or seek specialized driving privileges.
Do I need a lawyer for an alcohol-related charge in Indiana?
Absolutely. A lawyer can help you understand your rights, challenge the evidence, negotiate for reduced penalties, and protect your record—especially if you’re facing jail time, fines, or license suspension.
Can I still recover damages if I was partially at fault for the fall?
Yes. Indiana follows a modified comparative fault rule. If you were less than 51% at fault, you can still recover compensation—though your award will be reduced based on your percentage of fault.
What compensation can I receive for a slip and fall injury?
You may be entitled to recover:
- Medical expenses (ER visits, surgery, rehab)
- Lost income and future earning potential
- Pain and suffering
- Permanent disability or disfigurement
- Emotional distress
How long do I have to file a slip and fall lawsuit in Indiana?
Indiana’s statute of limitations for personal injury cases is two years from the date of the accident. Failing to file within this period may bar you from recovering compensation.
What should I do after a slip and fall accident?
Take these steps to protect your health and your legal claim:
- Seek medical attention immediately
- Report the incident to the property owner or manager
- Take photos of the scene and your injuries
- Collect witness contact information
- Contact an experienced slip and fall attorney
Do I have a valid slip and fall case in Indiana?
You may have a valid claim if your fall was caused by a hazardous condition on someone else’s property and the owner knew—or should have known—about the danger. Common examples include wet floors, icy walkways, broken stairs, or poor lighting.
What compensation can be recovered in a nursing home injury lawsuit?
Depending on the case, compensation may include:
- Medical bills for treatment or rehabilitation
- Pain and suffering experienced by the resident
- Costs of transferring to another facility
- Punitive damages (in severe cases of abuse or gross negligence)
- Wrongful death damages, if the incident resulted in death
How long do I have to file a nursing home injury claim in Indiana?
Indiana law generally gives you two years from the date of the injury or incident to file a claim. However, early legal intervention is crucial to preserve evidence and protect your loved one’s rights.
Can I sue a nursing home for neglect or abuse in Indiana?
Yes. If a nursing home’s negligence or misconduct caused harm to your loved one, you may be able to pursue a personal injury or wrongful death lawsuit to recover damages for medical expenses, pain and suffering, and more.
How do I know if my loved one is being neglected or abused in a nursing home?
Warning signs may include:
- Unexplained bruises, fractures, or injuries
- Sudden weight loss or dehydration
- Poor hygiene or soiled clothing/bedding
- Emotional withdrawal or fearfulness
- Pressure ulcers (bedsores)
If you notice any of these signs, it’s important to document them and contact an experienced attorney right away.
What qualifies as a nursing home accident or injury?
A nursing home accident includes any incident resulting in harm to a resident due to neglect, abuse, or unsafe conditions. Common examples include falls, medication errors, bedsores, malnutrition, physical abuse, or failure to monitor residents properly.
What should I do after a construction accident in Indiana?
Seek medical attention immediately and report the injury to your supervisor or site manager. Document the scene with photos if possible, collect witness contact information, and contact an experienced Indiana construction accident attorney to protect your rights
Can I sue my employer for a construction accident in Indiana?
Generally, Indiana workers’ compensation law prevents lawsuits against your direct employer. However, you may be able to pursue third-party claims against other contractors, equipment manufacturers, property owners, or other parties who contributed to your accident.
What compensation can I recover after a construction accident?
You may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, permanent disability, and more. If a loved one died due to a construction accident, wrongful death damages may be available.
How long do I have to file a construction accident claim in Indiana?
Under Indiana law, the statute of limitations for most personal injury claims is two years from the date of the accident. It’s best to consult an attorney as soon as possible to preserve evidence and file within the deadline.
Do I need an attorney for a construction accident claim?
Yes. Construction accident claims often involve complex liability issues and multiple parties. A qualified attorney can help investigate your case, preserve evidence, negotiate with insurers, and pursue maximum compensation on your behalf.
Can Drug Possession Charges Be Dismissed in Indiana?
Yes, charges can be dismissed based on constitutional violations, lack of evidence, or successful completion of diversion programs. Common dismissal grounds include illegal searches, improper evidence handling, and prosecutorial misconduct.
Will I Go to Jail for First-time Drug Possession?
Not necessarily. First-time offenders often qualify for alternative sentencing, probation, or treatment programs. Indiana’s drug courts and diversion programs prioritize rehabilitation over incarceration for eligible defendants.
How Much Does a Drug Possession Lawyer Cost in Indiana?
Attorney fees vary based on case complexity, charges severity, and required legal work. Many attorneys offer payment plans or flat fees for drug possession cases. Contact Kaushal Law LLC for a consultation to discuss costs specific to your situation.
What’s the Difference Between Actual and Constructive Possession?
Actual possession means drugs are found directly on your person. Constructive possession requires proving you had knowledge and control over drugs found in vehicles, homes, or shared spaces, even if not physically on you.
How Are Drug Possession Charges Classified in Indiana?
Classifications depend on substance type, quantity, and circumstances. Marijuana possession is typically a misdemeanor, while cocaine or heroin possession usually results in felony charges. Schedule I and II substances carry harsher penalties than Schedule III-V drugs.
What is Indiana’s Permitless Carry Law?
As of July 1, 2022, Indiana allows permitless carry for individuals 18 or older who are not otherwise prohibited from owning a firearm. However, restrictions still apply for school property, government buildings, and prohibited persons under state and federal law.
Can I Be Charged With Gun Possession if I Didn’t Know I Was Breaking the Law?
Ignorance of the law typically does not constitute a valid defense to gun possession charges. However, our attorneys can evaluate specific circumstances to determine potential defenses, including lack of knowledge of the firearm’s presence or temporary possession claims.
What Should I Do if Police Want to Search My Vehicle for Weapons?
You have the right to refuse consent to searches unless police have a warrant or probable cause. Politely decline the search request, exercise your right to remain silent, and immediately contact our Indiana gun possession attorneys.
Can a Felon Ever Legally Possess a Gun in Indiana?
Generally, convicted felons are permanently prohibited from possessing firearms under both state and federal law. However, some individuals may be eligible for rights restoration through federal processes or state-specific procedures for certain domestic battery convictions after five years.
What Are the Penalties for Unlawful Gun Possession in Indiana?
Penalties vary by offense level: Class A misdemeanors carry up to 1 year in jail and $5,000 fines. Felony charges range from Level 6 (6 months to 2.5 years) to Level 4 (2 to 12 years in prison), with additional collateral consequences including permanent loss of firearm rights. The Indiana Criminal Code provides specific sentencing guidelines for each level of offense.
Can someone else besides the attacker be held liable?
Yes. In some cases, third parties—such as property owners, employers, or businesses—may be liable for negligent security or failing to prevent foreseeable harm. Our attorneys investigate all potential sources of liability to maximize your recovery.
How long do I have to file a battery lawsuit in Indiana?
In Indiana, the statute of limitations for most personal injury cases, including civil battery, is two years from the date of the incident. Acting quickly helps preserve evidence and strengthens your claim.
What compensation can I recover in a civil battery claim?
Victims of battery may be entitled to:
- Medical expenses
- Lost wages or earning capacity
- Pain and suffering
- Emotional distress or mental anguish
- Punitive damages (in cases of extreme or malicious conduct)
Can I file a civil battery lawsuit even if there are no criminal charges?
Yes. A civil claim for battery is separate from criminal prosecution. Even if the attacker is not charged or found guilty in criminal court, you may still recover compensation through a civil lawsuit with a lower burden of proof.
What is the legal definition of battery in Indiana?
In Indiana, battery is defined as knowingly or intentionally touching another person in a rude, angry, or insolent manner. While this may result in criminal charges, victims can also file a civil lawsuit to recover damages for physical and emotional harm.
Can a landlord or property owner be held responsible for a dog bite?
Possibly. If the landlord knew the tenant’s dog was dangerous and failed to act, they may share liability. Our legal team will evaluate all responsible parties to maximize your compensation.
How long do I have to file a dog bite claim in Indiana?
Indiana’s statute of limitations for personal injury cases is two years from the date of the bite. Filing a claim promptly helps preserve evidence and witness testimony.
What compensation can I recover from a dog bite claim?
Victims may recover damages for:
- Medical expenses and future care
- Lost wages or reduced earning ability
- Pain and suffering
- Emotional distress or trauma
- Scarring or disfigurement
- Punitive damages in severe cases
What should I do after a dog bite?
Immediately seek medical attention, even if the injury appears minor. Then:
- Report the incident to animal control or local authorities
- Document your injuries with photos
- Get the dog owner’s contact information
- Speak with an attorney before discussing the case with insurers
Can I sue a dog owner if their dog bites me in Indiana?
Yes. Under Indiana law, dog owners can be held liable if their dog bites or attacks someone—especially if the victim was lawfully on the property or in a public place. You do not have to prove the dog had a history of aggression to file a claim in certain situations.
Will my case go to court?
Most car accident cases are resolved through settlements with insurance companies. However, if a fair agreement cannot be reached, our attorneys are fully prepared to take your case to trial.
What types of compensation can I recover after a car accident?
You may be entitled to compensation for:
- Medical bills (past and future)
- Lost wages
- Pain and suffering
- Property damage
- Permanent disability or disfigurement
- Wrongful death (if a loved one passed away)
Can I still recover damages if I was partially at fault for the accident?
Yes. Indiana follows a modified comparative fault rule. You can still recover compensation as long as you were less than 51% at fault, but your damages will be reduced by your percentage of fault.
How long do I have to file a car accident claim in Indiana?
In Indiana, the statute of limitations for personal injury claims is two years from the date of the accident. If you wait too long, you may lose your right to compensation.
What should I do immediately after a car accident in Indiana?
After ensuring everyone’s safety and calling 911, exchange information with the other driver, take photos of the scene, and seek medical attention—even if you feel fine. Then, contact an experienced Indiana car accident attorney to protect your rights.
