Allen Wellman Harvey Keyes Cooley, LLPFindLaw IM Template2024-03-18T13:26:02Zhttps://www.awmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200386/2019/07/cropped-site-identity-32x32.jpgOn Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534672024-03-18T13:26:02Z2024-03-18T13:26:02ZPersonal injuries and incapacity to work
A heavily injured body must heal and recover. Apart from hospital bills, you can pursue compensation for physical pain, medicine, consultations and physical therapy sessions. You could also factor in future medical expenses, depending on the circumstances.
If you are unable to work, you can seek damages for lost wages or income. Additionally, you should include how the accident decreased their earning capacity.
Emotional distress and post-traumatic symptoms
According to a study, emotional distress can be common among road crash victims, causing anxiety or depression. Those with acute stress syndrome had terrible memories of the crash and displayed mood disturbances.
Victims may also show post-traumatic symptoms like nervous shock and travel anxiety due to phobia. Some of them developed post-traumatic stress disorder, while those who got multiple injuries with continued health complications had emotional disorders.
What to know about claims for damages
Indiana law allows road crash victims to file for claims within two years. Economic damages cover medical costs, lost wages and expenses for vehicle repairs. On the other hand, non-economic damages include claims for physical pain, emotional agony and mental misery.
There are no limits to non-economic damages in Indiana. The courts decide on the amount based on the severity of the accident. They consider the extent and effects of injuries, including if they worsened preexisting conditions.
Why you need a holistic recovery
The various damages involved in a road crash claim consider the victim’s need to have a holistic recovery. After you recover from your physical injuries, you also need to heal from emotional and mental wounds to help you start anew in life.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534662024-03-11T19:24:53Z2024-03-11T19:24:53ZWhiplash
One of the most common injuries after rear-end accidents is whiplash. Whiplash occurs when the head is forcefully jerked back and forth in a rapid motion, causing strain on the neck muscles. Symptoms of whiplash include neck pain, stiffness, headaches and difficulty moving the neck. In severe cases, whiplash can lead to long-term complications such as chronic pain and reduced mobility.
Herniated discs
Herniated discs are also a very real possibility resulting from rear-end collisions. The force of impact can cause the discs, which act as cushions between the vertebrae, to rupture or bulge, putting pressure on the spinal nerves. This can lead to intense pain, numbness, tingling sensations and weakness in the arms or legs.
Sprains and strains
Rear-end accidents can also cause sprains and strains in the neck and back. A sprain occurs when the ligaments that support the spine stretch or tear, while a strain involves injury to the muscles or tendons. Symptoms of these injuries include pain, swelling and limited range of motion. While sprains and strains often heal with rest and conservative treatment, they can still cause significant discomfort and disruption to daily activities.
Fractures
In severe cases, rear-end accidents can result in fractures or breaks in the bones of the spine. These injuries are more likely to occur in high-speed collisions or when the impact is particularly forceful. Spinal fractures can cause severe pain, difficulty moving and even paralysis if the spinal cord sustains intense damage.
If you experience any type of car accident, it is important to seek immediate medical attention to check for these potentially life-altering injuries, even if you do not notice any pain or symptoms right away.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534652024-03-04T19:49:40Z2024-03-05T19:49:29ZLocating assets
The first step after the passing of a loved one is to locate their assets. This may include bank accounts, real estate, vehicles, investments and personal belongings. Searching through documents such as bank statements, deeds and insurance policies can help identify these assets.
Contacting beneficiaries
It is necessary to inform all beneficiaries about the situation regarding the deceased and their estate. Beneficiaries are individuals named by the deceased to inherit specific assets. Providing them with clear information about the assets and the next steps can help manage expectations and avoid misunderstandings.
Probate process
In Indiana, when someone dies without a will or trust, their estate typically goes through the probate process. Probate is the legal process of administering the estate of a deceased person, resolving any outstanding debts, and distributing assets to heirs. The court appoints an executor or personal representative to oversee this process.
Distribution of assets
During probate, the court will determine how to distribute the assets according to Indiana's intestacy laws. These laws provide a hierarchy of beneficiaries based on their relationship to the deceased. For example, spouses, children, parents and siblings may have priority in receiving assets.
Debts and taxes
Part of the probate process involves settling any outstanding debts and taxes owed by the deceased. This may include credit card bills, mortgages and income taxes. Assets from the estate will contribute to paying off these obligations before distribution to beneficiaries.
Writing a will is an important part of estate planning that eases the burden on the loved ones left behind. If your family member did not establish a detailed estate plan, though, you can still navigate the process by following the available guidelines and best practices.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534642024-03-01T13:55:42Z2024-03-01T13:55:42ZWhat are drug precursors?
Several reagents are classified as illegal drug precursors. Common examples include:
Pseudoephedrine
Ephedrine
Phenylacetic acid
Red phosphorus
Anhydrous ammonia
Hydrochloric acid
Benzaldehyde
Ammonium nitrate
Ethyl acetate
Unless the person owning these chemicals is a licensed health care provider, pharmacist, retail distributor, warehouseman or common carrier, it’s illegal to possess them.
Penalties for possession
Per Indiana law, a person who possesses over 10 grams of the drug precursors ephedrine, pseudoephedrine, or phenylpropanolamine commits a Level 6 felony. It’s also a Level 6 felony to possess anhydrous ammonia or ammonia solution in any amount with the intent to manufacture meth.
A conviction for a Level 6 felony leads to up to 2.5 years in prison and $10,000 in fines.
Aggravating factors
Certain factors can aggravate a criminal charge related to drug precursors. If an offender had a firearm at the time of the offense, it becomes a Level 5 felony. If the offender had the precursors while inside or within 500 feet of a school, the offense also becomes a Level 5 felony.
A conviction for a Level 5 felony leads to up to six years in prison and $10,000 in fines.
Even if a drug precursor isn’t a controlled substance yet, merely possessing it is a criminal offense. If you’re facing charges, carefully consider your legal options. An attorney with criminal defense experience may be able to represent you and protect your rights in court.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534632024-02-16T14:14:37Z2024-02-16T14:14:37ZBreathalyzer rights and implied consent
Like other U.S. states, Indiana has an implied consent law, which means any person driving over state roads automatically consents to submit to chemical testing. Although you have the right to refuse a breathalyzer test, refusal can lead to a mandatory suspension of driving privileges and can be used as evidence against you in court.
The impact of breathalyzer results
A positive breathalyzer test can lead to an arrest and OWI charges. Indiana's penalties for OWI can be severe, including fines, jail time, and license suspension. The specific consequences vary depending on factors such as previous offenses and the level of BAC.
However, breathalyzer results aren’t infallible.
Breathalyzer accuracy
Although breathalyzers are generally accurate, several factors can skew their results. For instance, the following non-liquor products can trigger a false positive:
Residual alcohol from products like mouthwash and oral hygiene products
Medications and prescription drugs
Certain foods and drinks like bread and energy drinks
Other factors that can affect a breathalyzer include:
The temperature and humidity during the test
Biological differences in how a person’s body tolerates alcohol
Whether the officer properly calibrated the breathalyzer device
A positive breathalyzer test can lead to an arrest and OWI charges. But for a breathalyzer result to be admissible in court, the state must prove that an officer properly administered the test and that the device was functioning correctly. If you're facing an OWI charge in Indiana over a positive breath test result, you’ll need guidance. A legal professional may be able to help you navigate the complexities of your case and argue on your behalf if you believe there are inconsistencies in the test.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534622024-02-07T01:44:33Z2024-02-08T01:43:34ZDigital evidence trail
In family law cases, information is important. Social media platforms are a treasure trove of evidence that can significantly impact court decisions. Posts, photos and messages can establish a party's character, behavior or financial status. What people share online might not only shape public perception but also influence legal outcomes.
Online feuds
While social media can be a source of evidence, it also has the potential to exacerbate conflicts. Disputes that were once private affairs can quickly become public spectacles. Spouses airing their grievances online may unknowingly harm their case by exposing a lack of maturity or emotional control.
The impact on children
Family law cases involving children require a delicate touch, and social media can tip the scales. Parents engaged in custody battles should be mindful of the content they share about their children. What may seem like an innocent post to one parent, the courts could interpret differently, impacting custody arrangements.
Privacy concerns
Navigating the line between personal expression and privacy is important. Social media posts, once shared, can be challenging to retract. In family law cases, opposing parties can use inappropriate or damaging content against each other. Maintaining a mindful approach to online presence is paramount to protecting one's interests.
It is not uncommon for legal professionals and investigators to delve into social media accounts during family law cases. They gather information that one party can use to build a case or reveal inconsistencies in the other party's statements.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534612024-02-06T15:07:44Z2024-02-06T15:07:44ZHowever, some parents can have a tough time following the arrangement, potentially leading to parenting time violations. Some instances can be minor lapses that the parents can resolve privately. Other times, the offense can be too severe, requiring legal action and consequences. In Indiana, these incidents can have grave repercussions, including the following penalties:
Sanctions proportionate to the parent's violation, including fines, community service and jail time based on the situation
Injunctions if an interfering parent causes severe obstructions, necessitating the other parent to file accordingly
Criminal penalties, depending on the violations committed
Significant costs if the violations led to litigation, covering attorney fees and other associated expenses
State law also has specific guidelines when addressing these issues, ordering mediation in case of disagreements and other disputes. Nevertheless, the court can also approach each scenario from case to case, considering unique circumstances that may complicate the case.
Addressing parenting time issues appropriately
You may feel strongly about what you want for your child as a parent. These sentiments may be reasonable, but there are appropriate ways to relay them and incorporate them into the parenting time without risking harm to the child.
Before butting heads with the other parent, seeking legal guidance can be helpful to mitigate conflicts. Valuable counsel can also help you determine the most applicable options and avoid issues affecting your entire family.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534602024-01-25T18:45:16Z2024-01-25T18:45:16ZNeglecting to create a will
Did you know that only 46% of senior citizens aged 55 years have a will, much less an estate plan? One prevalent mistake is failing to establish a will. A will outlines your wishes regarding the distribution of your assets after your passing. Without a will, the state may determine how your estate gets divided, leading to potential conflicts among your heirs. Therefore, draft a clear, comprehensive will.
Overlooking beneficiary designations
Another common error is neglecting to update beneficiary designations on financial accounts and insurance policies. Life changes, such as marriage, divorce or the birth of a child, can impact your desired beneficiaries. Regularly review and update these designations.
Ignoring the importance of powers of attorney
People often forget to establish powers of attorney, which designate individuals to make financial and medical decisions on their behalf in case of incapacity. Failing to set up these powers can lead to legal challenges and uncertainties. Designate trustworthy individuals to handle these responsibilities.
Underestimating the impact of taxes
Estate taxes can significantly diminish the value of your assets passed down to your heirs. Consult with financial experts to develop strategies that minimize the tax burden on your estate and maximize the inheritance for your loved ones.
Disregarding digital assets
In the age of technology, consider digital assets in your estate plan. This includes online accounts, cryptocurrencies and digital media. Clearly outline how you want these assets managed or distributed after your passing to avoid complications.
Do not take your estate planning responsibility lightly. Take the time to create a thoughtful and comprehensive estate plan for your family.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534592024-01-25T13:15:40Z2024-01-25T13:15:40ZPossession of meth
Under state law, it’s illegal for anyone without a valid prescription to possess methamphetamine, whether pure or adulterated. Possession of meth is typically a Level 6 felony, which carries up to a year and a half of prison time and $10,000 in fines. However, the penalties increase if the offender has at least five grams of the substance:
At least five grams but less than 10 grams: The offense is a Level 5 felony, punishable by up to six years in prison and $10,000 in fines.
At least 10 grams but less than 28 grams: The offense is a Level 4 felony, punishable by up to 12 years in prison.
At least 28 grams: The offense is a Level 3 felony, punishable by up to 16 years in prison.
Any “enhancing circumstances” (i.e., prior convictions, offense committed with a firearm, offense committed near a school or public park) can enhance an offense to the next criminal grade.
Dealing in meth
Indiana also prohibits persons from delivering or financing the delivery of meth. A violation of the law is normally a Level 5 felony, but the criminal grade can increase depending on the amount of substance involved in the offense.
The amount is at least one gram, less than five grams: The offense is a Level 4 felony, punishable by up to 12 years in prison.
The amount is at least five grams, less than 10 grams: The offense is a Level 3 felony, punishable by up to 16 years in prison.
The amount is at least 10 grams: The offense is a Level 2 felony, punishable by up to 30 years in prison.
Just with the crime of possession, any enhancing circumstances can upgrade a dealing offense.
Indiana's drug laws aim to reduce methamphetamine abuse by imposing strict penalties. If you're involved in a meth-related legal matter, consider reaching out to a qualified legal professional promptly for assistance.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLPhttps://www.awmlaw.com/?p=534122024-01-16T08:26:54Z2024-01-16T08:26:54ZImmediate consequences after an OWI arrest
Your driving privileges are immediately impacted the moment an officer arrests you for OWI. Upon arrest, you may face an administrative license suspension. This suspension is separate from criminal penalties and lasts 180 days.
Indiana also has an implied consent law, which means any driver operating a vehicle on state roads automatically consents to chemical testing for alcohol or drugs. While drivers can refuse testing during a traffic stop, refusal violates the law, leading to a two-year suspension of their driving privileges.
Penalties following OWI conviction
A conviction for OWI also leads to license suspensions, which can add to the suspension periods discussed earlier. The suspension periods are based on the circumstances of the driver’s OWI arrest, such as whether they’re a repeat offender or if they had a high blood alcohol level at the time of the arrest:
First offense: License suspension of up to two years, or 30 days, followed by a 180-day probation period where the driver can only drive for work.
Second offense: License suspension for up to 2 years.
Third offense: License suspension for up to 10 years.
The court may order specialized driving privileges if the convicted motorist is eligible. This might also require the driver to install an ignition interlock device on their vehicle as part of this limited driving privilege.
If you find yourself facing an OWI charge, it is crucial to understand your rights and responsibilities. Consider consulting a legal professional who can guide you through the process and help mitigate the impact on your driving privileges.]]>