Allen Wellman Harvey Keyes Cooley, LLPAllen Wellman Harvey Keyes Cooley, LLP2026-06-29T19:38:11Zhttps://www.awmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204357/2019/07/cropped-site-identity-32x32.jpgOn Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Planning for your medical care if you become incapacitated]]>https://www.awmlaw.com/?p=543952026-06-19T13:47:45Z2026-06-19T13:47:45ZWhen you start the estate planning process, you might be so focused on setting up instructions for your assets that you forget to leave instructions for what will happen if you become incapacitated.
If you can’t make decisions on your own because you’re incapacitated, you need someone who can step in to make medical decisions for you. You can give someone healthcare power of attorney over you, which would make them your agent.
What is the role of the agent?
Your agent will work with your healthcare team to ensure you receive medical care that’s in line with your wishes. The person you choose should be able to speak up on your behalf and make decisions that are in your best interests, but they have to be willing to bypass their own wishes to follow yours. You can make the job duties of your named agent a little easier by writing out your advance directive. This is a written set of instructions that lets your medical team know your specific wishes. For example, you could outline if you want to be resuscitated, have artificial nutrition, receive palliative care or receive any other treatments. This document can be detailed, but your agent will step in to make any decisions that you didn’t cover in it. It’s important to note that the agent you choose won’t step in to make decisions for you unless you’re incapacitated. This preserves your right to continue to make decisions for yourself as long as you’re able. The healthcare power of attorney is only one decision you have to make as you create your estate plan. Working with someone who can assist with creating the plan may make the process a little less stressful.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[What should I do after an accident with a delivery vehicle in Indiana?]]>https://www.awmlaw.com/?p=543942026-06-18T20:36:17Z2026-06-18T20:36:17ZThe step-by-step delivery accident action plan
Indiana uses a modified comparative fault rule, meaning you can collect a compensation for your injuries and material losses as long as you are less than 51% responsible. Unlike a standard fender-bender, a crash with a corporate delivery vehicle requires you to gather heavy proof and navigate corporate red tape immediately. Follow these steps to protect your right to compensation:
1.Collect evidence and request camera footage: At the scene.
Take photos of everything: the damage to both vehicles, the truck’s license plate, corporate logos, and any traffic signs. Look around for cameras. Ask nearby business owners to preserve their security footage and ask the police to check if the delivery truck had active dashcam video.
2.Notify your insurance and navigate policy complexities: Within 24 hours.
Report the crash to your own insurance company right away. Commercial accidents involve massive insurance layers and complicated policy structures. Delivery companies often use third-party administrators or independent contractors, making it difficult to figure out which corporate policy actually covers your damages.
3. Protect your rights during negotiations: Ongoing.
When FedEx, UPS, Amazon or their insurance adjusters call you, do not give a recorded statement. Contact an experienced attorney that will advise you on what to say so you do not accidentally take responsibility. Your lawyer will formally demand corporate driver logs, black box data and maintenance records to prove what caused the accident before the company can delete them. A lawyer will handle all communications and negotiate a fair settlement so you do not get cheated by lowball corporate offers.
4. File a formal claim with legal backup: If necessary
If negotiations fail, have an experienced personal injury attorney help you file the formal claim against the delivery company and the driver. A lawyer can properly address employer liability, proving the company is responsible for its driver's carelessness.
Getting hit by a UPS truck or an Amazon van is vastly different from a standard car crash. You are fighting multi-billion-dollar corporations, not just another driver. To protect your claim, be extremely careful with what you say, never overshare details or photos of the accident on social media, and get professional legal help immediately.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Is it worth seeking medical care after a minor car accident?]]>https://www.awmlaw.com/?p=543932026-06-15T13:35:34Z2026-06-15T13:35:34ZWhy do some injuries take longer than others to appear?
After a car accident, adrenaline courses through your body. This could mask pain and injuries that are actually present. You might feel perfectly normal at the scene, only to wake up the next morning with severe neck pain or headaches.
Some injuries do not cause pain right away. Whiplash, soft tissue injuries and internal bleeding may not show symptoms for hours or even days. By the time you notice something is wrong, the injury may have worsened. Getting a medical evaluation soon after the accident helps identify these hidden problems before they become serious.
What makes medical records so important after a crash?
Visiting a doctor after an accident creates an official record of your injuries. This documentation can become important if you later discover that your injuries are more severe than initially thought.
Indiana law requires accident victims to demonstrate a clear link between the collision and their injuries. Medical records can help prove that the accident caused your injuries. Documentation can also protect your recovery, as insurance companies often question injuries that were not documented shortly after an accident.
If you wait to see a doctor, the insurance company may question whether the accident caused your injuries. A prompt medical visit eliminates this argument and establishes a clear connection between the accident and your condition.
How does delaying treatment prevent recovery?
Some people avoid the doctor because they worry about medical bills. However, waiting to seek treatment can actually cost you more in the long run. Without treatment, injuries can get worse and cost more to treat later.
Indiana gives most accident victims two years to file a personal injury lawsuit. This deadline starts from the date of the accident. If you wait too long to document your injuries, you might lose your right to seek compensation altogether.
Keep in mind that Indiana follows a modified comparative fault system. This means that if you are more than 50% responsible for an accident, you lose your recovery. Insurers may argue that you were partially at fault or that your injuries are not accident-related if there are delays in treatment.
What is the importance of an early evaluation?
Even if your accident seems minor, your health deserves attention. A quick check-up provides peace of mind and ensures that you are truly uninjured. Doctors can find injuries you may overlook and treat them before they get worse.
Consider scheduling an appointment with your doctor or visiting an urgent care facility within 24 to 48 hours of your accident. This simple step could make a significant difference in your recovery and your ability to handle any complications that arise later.
Taking action now prevents complications later
Even a minor car accident can cause serious health problems if you ignore early warning signs. Getting medical care right away protects your health and your legal rights in Indiana. A doctor can detect hidden injuries and document that they came from the accident, which is important for any future claim. Do not delay seeking care – prompt action can protect your recovery.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Can you disinherit your soon-to-be ex as you divorce?]]>https://www.awmlaw.com/?p=543902026-06-07T22:54:29Z2026-06-07T22:54:29ZBefore the divorce is final
You can likely remove your spouse as a beneficiary at any time (impending divorce or not) unless you have a prenuptial or postnuptial agreement that requires their inclusion in your will or other documents. Under Indiana law, however, if you did that and then were to pass away while still legally married, your spouse could claim a share of your estate. That’s commonly known as an “elective share.”
How much they would receive depends on various factors, such as whether they are your first or subsequent spouse and whether there are children. If they gave up the right to an inheritance in a valid prenup or postnup, they likely wouldn’t be entitled to that elective share.
After the divorce is finalized
Once the final divorce decree is issued, Indiana law states that “all provisions in the will in favor of the testator's former spouse are revoked.” That means any inheritance intended for your spouse would go the contingent beneficiary, if you designated one, once you’re no longer legally wed. If you have a contingent beneficiary and you’re fine with them getting the inheritance, you likely don’t need to make any immediate changes.
It’s important to note that if you still choose to leave your ex-spouse an inheritance or are required to do so by the terms of your divorce, you will need to update your estate plan to cover that.
It’s a good idea to review your estate plan early in the divorce process and then as the terms of the divorce are finalized. Having individualized estate planning guidance can help you to better ensure that your plan is updated appropriately and in accordance with Indiana law.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Reports show fatal car accidents declined in 2025]]>https://www.awmlaw.com/?p=543892026-05-22T20:53:04Z2026-05-22T20:53:04ZFrom a statistical perspective, reports show that car accident fatalities became a bit less common in 2025. There were a total of 36,640 traffic fatalities over the course of the year. While that is still a substantial number, it showed a 6.7% decrease when compared to the totals from 2024.Additionally, it can help to look at the traffic fatality rate, or the number of fatalities per 100 million vehicle miles traveled. In 2025, that rate was just 1.10 fatalities. This was the second-lowest rate ever recorded in the United States.Looking at vehicle miles traveled can be helpful because it shows how frequent car accidents are relative to the amount of driving taking place. There are more vehicles on the road than ever, covering more miles and exposing drivers to potential risks. But even so, fatalities declined overall, and the fatality rate dropped substantially.
The risk still exists, especially for young drivers
While this is a positive trend, it is important to point out that it still means more than 36,000 Americans lost their lives in traffic accidents. For teenage drivers, car accidents remain one of the leading causes of death. Driving is still the most dangerous thing the average person does on a daily basis. So, even when statistics are trending in the right direction, there is always a chance that someone could suffer serious injuries in a traffic accident caused by another driver. There is simply an inherent risk to driving that everyone must keep in mind. Those who have suffered injuries may be able to seek financial compensation to cover medical bills, pain and suffering, lost wages and more.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[3 ways families can be hurt if you don’t have an estate plan]]>https://www.awmlaw.com/?p=543882026-05-19T18:54:24Z2026-05-19T18:54:24ZImportant decisions are out of their control
If you pass away without a will, state intestacy laws determine who gets your property. Your assets might not go where you'd want them to. Courts might overlook or ignore partners, philanthropic pursuits and other parties you value. A judge can appoint decision-makers and choose guardians. In other words, these decisions are in the hands of strangers in a courtroom, not by you.
Your family shoulders the cost
When there's no estate plan, your loved ones face:
Expensive and lengthy probate proceedings
Legal fees that drain the estate's value
Frozen assets they can't access for months
Arguments over who gets what
Damaged relationships during an already painful time
This confusion costs money, time and peace of mind when your family needs it most.
They end up in painful situations
Here's what happens without proper planning: If you become incapacitated, no one has clear authority to make medical decisions for you. Your family might disagree about your care while doctors wait for legal clarity.
Your children's inheritance can be vulnerable, too. There may be no structure for managing their money or guidance for their future. Any business you owned faces uncertainty about leadership and ownership. Property transfers become tangled in red tape.
You also miss out on opportunities to reduce taxes and preserve more wealth for your heirs.
The simple truth about estate planning
Creating an estate plan isn't about being wealthy or pessimistic. It's about taking responsibility for the people who depend on you. It means your family won't have to guess what you wanted or fight over your intentions during the worst time of their lives.
Preserving your legacy is simpler than you might realize. Basic planning can be straightforward and creates a valuable framework that protects you and those you love most. If you care about your family's well-being, you have all the motivation you need to get started.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[3 reasons summer brings more danger on the road]]>https://www.awmlaw.com/?p=543862026-05-15T20:52:03Z2026-05-15T20:51:07ZThe depths of winter, obviously, can bring treacherous driving conditions. When drivers have to deal with ice, snowstorms or freezing rain, the chances of a crash go up. What many people do not realize, however, is that the height of summer can also see an increase in accidents.
As we move toward summer, it’s important to consider how days full of sun, heat and humidity can affect road safety.
1. Increased alcohol consumption is a problem
One of the biggest contributing factors in crashes over the summer is alcohol. Outdoor events, from barbecues among friends to concerts in the park, can all result in people who drink and then drive home afterward. This is a particular problem on major public holidays, such as July 4 and Labor Day – both of which have evolved into a “drinking” holidays.
2. Late nights and high humidity can both cause tiredness
The long summer days allow people to pack in a lot, and events often run late into the night. Making the most of summer can lead to drivers reaching a point where they have built up a significant sleep deficit. The high humidity the Greenfield area often experiences can worsen the feeling of tiredness. Some drivers might cause a crash because they fall asleep at the wheel, while others might do so because fatigue has slowed their reactions.
3. Young drivers are out on the road in bigger numbers
When the kids are out of school for the summer, they have more time to go places in their cars and more things to go to. As they are the most inexperienced drivers per age group, it’s no surprise that they are the cause of many summer crashes.Uncovering the cause of a crash is not always straightforward, so experienced legal guidance is recommended for anyone who is injured in one and needs to claim compensation.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[Which common driving habits lead to car accidents in Indiana?]]>https://www.awmlaw.com/?p=543832026-05-01T02:00:51Z2026-05-01T02:00:51ZNavigating Indiana's roads presents unique challenges. From busy interstate highways to extensive country roads, you may encounter a range of driving conditions that demand your full attention. This may tire you out and affect your judgment. Learning about the driving habits that could lead to car accidents may help you avoid a collision the next time you enter the road.
Recognizing dangerous driving patterns
Many car accidents in Indiana are the result of preventable mistakes. Being aware of these habits can help you make quicker, smarter decisions the next time you operate a vehicle. Driving habits that may lead to collisions include:
Tailgating: You generally have less time to brake if you drive too close to another vehicle
Speeding: You become more likely to crash if you ignore speed limits
Running red lights: You could put yourself and others at risk if you ignore traffic lights
Phone use: You may violate Indiana law by using a mobile device while driving
Neglecting turn signals: You may cause an accident by forgetting or neglecting to signal when you want to change lanes or directions
Impaired driving: You may react more slowly or make poorer decisions under the influence of drugs or alcohol
Respecting speed limits, staying aware of your surroundings and being considerate of other drivers could reduce the risk of an accident. If another driver's negligent behavior harms you in a collision, you may be eligible to pursue a compensation claim. However, in Indiana, you may lose the right to compensation if you are found to be more than 50% at fault for the accident.
Taking responsibility behind the wheel
Making simple adjustments to your driving may prevent serious injuries and property damage. By driving smartly and avoiding the habits that may lead to collisions, you can help keep the roads safe.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[3 Risks of accepting a quick settlement in Indiana]]>https://www.awmlaw.com/?p=543822026-04-21T16:01:45Z2026-04-25T15:59:36ZAfter a motor vehicle accident, an insurance company might contact you almost immediately. While their goal is to resolve your claim quickly, moving too fast can be a costly mistake. Under Indiana law, once you sign a settlement agreement, you generally lose your right to pursue further compensation. So before you sign a release, consider these three serious legal risks.
You may not know the full extent of your injuries
Some injuries, such as traumatic brain injuries, do not always show their full symptoms in the days following an accident. If you accept a settlement too soon, you lock in a specific dollar amount before your medical team understands your long-term prognosis.In Indiana, once you sign a release, it is nearly impossible to reopen your case, even if your medical condition gets worse. To protect your rights, it is often best to wait until you reach Maximum Medical Improvement (MMI). This ensures your claim reflects the total cost of your recovery.
You could be leaving money on the table
Insurance companies are businesses focused on minimizing costs. A fast offer may cover your immediate hospital bills but fail to account for other damages allowed under Indiana law.According to Ind. Code § 34-51-2-7, you may be able to recover both economic and non-economic damages. This includes medical bills, lost wages, future treatments and pain and suffering. A lowball offer rarely reflects the true value of these long-term losses.
Your signature is legally binding
When you accept a settlement, you sign a document called a release of all claims. Indiana courts view this as a binding contract. While there are rare exceptions for fraud or mutual mistakes, the general rule is that you cannot go back for more money if complications arise later.
Protect yourself with legal help
An experienced Indiana personal injury attorney can evaluate your case. They can help you navigate modified comparative fault rules, which can impact your total recovery. Before you sign away your rights, consult a professional to ensure your settlement is fair and final.]]>On Behalf of Allen Wellman Harvey Keyes Cooley, LLP<![CDATA[What are your options in handling partnership disputes?]]>https://www.awmlaw.com/?p=543792026-04-21T10:50:53Z2026-04-23T10:49:24ZFinding common ground through mediation
In Indiana, courts often encourage you and your business partner to undergo alternative dispute resolution before a case proceeds to trial. Mediation is a common option, which involves a neutral third party who helps you find a compromise.
Whether you own a family farm or a startup, mediation can help preserve personal relationships while resolving professional disagreements.
Settling matters over buyout provisions
When talking goes nowhere, the best move for the business is having a business divorce. If your partnership agreement includes a buyout provision, it should outline how one partner can purchase the other’s interest. If no written agreement exists, the Indiana Uniform Partnership Act dictates that any partner’s departure may trigger a mandatory business liquidation or dissolution.
In agricultural partnerships, buyouts can be complicated by the valuation of land and specialized equipment. Having a clear agreement prevents a fire sale of the farm’s most productive acreage during a partner exit.
Resolving broken fiduciary duties
You and your partner owe each other a fiduciary duty, which is a legal obligation to act with loyalty and care. If a partner is siphoning funds, competing against the company or withholding vital information, they have breached that trust. This may be grounds for pursuing litigation, especially if it involves financial losses.
Seeking legal guidance before taking action
Encountering difficulties with your business partner can be overwhelming. The last thing you want is to take an action that jeopardizes your assets. Consider seeking advice from a business law attorney to learn more about what option best suits your case.]]>