Attractive nuisance laws and premises liability
McClellan & McClellan Law Office Blog
by bkabritsor
1y ago
Attractive nuisance laws originated to protect children, but they can apply to any form of a premises liability claim. If you suffered an injury on someone’s property, you should consider the attractive nuisance laws when you file your claim. There are many things that could qualify as an attractive nuisance for a premises liability claim. Old appliances Property owners should never leave old appliances out in the open where they are accessible to anyone on the property. Refrigerators, ovens and washing machines pose a safety hazard if someone gets trapped inside. Since children, in particular ..read more
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Why would someone challenge a will?
McClellan & McClellan Law Office Blog
by bkabritsor
1y ago
Probating someone’s estate is complex. When someone challenges a will, it just gets worse. There are a few reasons why someone would challenge a will. Here are some common reasons. Inequity When money and family mix, disputes arise. One of the more common reasons that someone would bring a challenge to the Indiana probate committee is that they disagree with the distribution of someone’s assets. General dysfunction, marriage issues and sibling rivalry are the most common reasons people believe they are not getting their share of the estate. In addition, a beneficiary may think the deceased sho ..read more
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The challenges of winning a slip-and-fall case in Indiana
McClellan & McClellan Law Office Blog
by bkabritsor
1y ago
Slip-and-fall injuries in Indiana are a leading cause of personal injuries, but legal action can prove to be difficult. High bars regarding culpability leave some victims without recourse. Despite the challenges, it can be worth the effort to bring these cases to court. What are the causes of slip-and-fall injuries? These factors cause most slip-and-fall injuries in Indiana: Weather, especially snow and ice Wet floors Damaged flooring and uneven surfaces High areas without railings or other barriers to prevent falls Hazardous stairways Food and drink spills Why are slip-and-fall cases hard to ..read more
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What could I recover if I win a lawsuit after a car crash?
McClellan & McClellan Law Office Blog
by alan.embree@thomsonreuters.com
2y ago
There are not many things that can ruin your day quite like suffering a car crash caused by the negligence of another driver. You could face serious injuries, sometimes with lasting effects that can severely impact your ability to provide for your family. Add onto that your medical bills, property damage, missed days of work, and diminished earning capacity, and in the blink of an eye you can find yourself with incredible challenges that can take years to resolve. In light of this, you may be wondering what you stand to gain by taking legal action against the driver responsible for your accide ..read more
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What you need to meet the burden of proof in a personal injury lawsuit
McClellan & McClellan Law Office Blog
by bkabritsor
2y ago
Individuals harmed by someone else always deserve restitution. Initiating a lawsuit is the primary method of extracting payment from guilty parties. Litigation fails when plaintiffs are unable to meet the burden of proof. Working with a personal injury professional makes convincing judges and juries easier. Know what evidence is necessary when building a case. Developing a solid argument Legal conflicts involving personal injury are not always clear-cut. There are nuances to every situation that complicates assigning blame. Never rush into litigation without crafting a rationale for why you de ..read more
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Understanding the different types of personal injury lawsuits
McClellan & McClellan Law Office Blog
by bkabritsor
2y ago
When you suffer an injury caused by someone else, remember that you have the right to file litigation. You deserve compensation for requisite medical care as well as pain and suffering. Depending on your claim, you stand to receive a significant award. Stay cognizant of the various types of personal injury for which you can sue. Different types of personal injury lawsuits Car accidents are a common source of personal injury cases. Consider litigating if there is evidence indicating that the other driver bears guilt. Examples include video surveillance footage and eyewitnesses. Slip and fall in ..read more
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Reasons cyclists die in vehicle accidents
McClellan & McClellan Law Office Blog
by bkabritsor
2y ago
In 2018, 857 cyclists died in motor vehicle accidents, according to a recent report. This statistic prompted the National Transportation Safety board to analyze bicycle safety. The NTSB found several reasons cyclists die in motor vehicle accidents. Reasons cyclists die in accidents Larger vehicles on the roads play a role in the increase in cyclist deaths. In particular, the uptick in purchases of SUVs and large pickup trucks has led to an overall increase in the average size of vehicles on the road. The greater force generated by these heavier vehicles contributes to more deaths in collisions ..read more
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3 signs of driver negligence in a pedestrian-involved accident
McClellan & McClellan Law Office Blog
by aswanth.suresh@thomsonreuters.com
2y ago
As a pedestrian, you know that a car wreck is a serious threat that can have life-changing implications for your health and finances. After an accident in Indiana, you may have recourse if the person operating the vehicle acted negligently. The following three examples indicate negligence by the driver. 1. Distracted driving Distractions are a leading cause of accidents. Motorists who are texting, skipping through songs or otherwise diverting their attention from the road are often at fault in an accident. Cell phone records can help you prove that a driver was using a phone at the time of an ..read more
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Reasons cyclists die in vehicle accidents
McClellan & McClellan Law Office Blog
by bkabritsor
2y ago
In 2018, 857 cyclists died in motor vehicle accidents, according to a recent report. This statistic prompted the National Transportation Safety board to analyze bicycle safety. The NTSB found several reasons cyclists die in motor vehicle accidents. Reasons cyclists die in accidents Larger vehicles on the roads play a role in the increase in cyclist deaths. In particular, the uptick in purchases of SUVs and large pickup trucks has led to an overall increase in the average size of vehicles on the road. The greater force generated by these heavier vehicles contributes to more deaths in collisions ..read more
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3 signs of driver negligence in a pedestrian-involved accident
McClellan & McClellan Law Office Blog
by aswanth.suresh@thomsonreuters.com
2y ago
As a pedestrian, you know that a car wreck is a serious threat that can have life-changing implications for your health and finances. After an accident in Indiana, you may have recourse if the person operating the vehicle acted negligently. The following three examples indicate negligence by the driver. 1. Distracted driving Distractions are a leading cause of accidents. Motorists who are texting, skipping through songs or otherwise diverting their attention from the road are often at fault in an accident. Cell phone records can help you prove that a driver was using a phone at the time of an ..read more
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