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ASK OUR LAWYER
BY ROD TAYLOR
December 1999
Q: I just had a traffic accident ? do
I need a lawyer right now?
A: Well, that depends. First, it never
hurts to call and talk to someone at your ABATE Legal Services.
You can get some valuable starting points that way. Most traffic
accidents fall into four categories: property damage only, minor
injury, moderate injury and major injury. These classifications
aren_t exact, but can be useful guidelines. (Of course, this discussion
presumes that you weren_t at fault and there is some insurance coverage
available.)
1. Property damage only: Almost always, no lawyer needed, except
when a special edition or customized bike is involved. The damage
to the car or bike is readily evaluated, and the insurance company
will make a settlement based on the value of the property and the
policy provisions. There may be a little room for negotiations,
but generally, the estimates will dictate the settlement. If you
have trouble call us.
2. Minor injury: Generally, no lawyer needed. But, if the insurance
company is not responsive, call us. We can help. In these types
of accidents, the injured person has bumps and bruises, and may
be a bit sore, but has no symptoms that last more than a week, and
will have lost no more than a couple of days off work. Oftentimes,
the medical claims will be only for a brief visit to the hospital
to be checked out after the accident, a follow?up visit to the family
doctor, and some pain medication or muscle relaxants. In these cases,
the insurance company will make a settlement offer after you have
been released from treatment by the doctor. The settlement will
generally include the medical bills, lost wages, and an amount to
compensate you for your pain and inconvenience. The amount of the
settlement will be negotiable, and the insurance company may not
make an offer unless you have made a demand first. Make sure that
your communications with the claims adjuster are in writing, and
keep your demands reasonable. We can assist you with a proper evaluation.
3. Moderate injury: A lawyer is needed. These injuries are ones
that may debilitate for a period of time, or may lead to life?long
impairments of a part of the body, but are not life?threatening.
The lost wages may be significant, or the calculation of the pain
and suffering damages may be complex. Our office will be able to
negotiate with the insurance company and secure the best compensation
for you. If a suit is necessary, we can represent your interests
most effectively in the litigation process.
4. Serious injury: You should always contact a lawyer. These cases
involve life? changing or fatal accidents. There are many complex
issues that will have to be evaluated and considered. Without an
attorney, you could be at a serious disadvantage.
Q: How do I start a business?
A: Generally, that's the wrong question.
Anyone can start a business, and the manners in which that can be
done are as varied as the people employing them. However, some general
principles can help us understand the process. The first question
to answer is whether you want to incorporate. We will address the
many issues for this question in further detail in our next column.
Some people may shy away from incorporation because they think the
process is too complex or time consuming. Actually, the incorporation
process is straightforward. Forms are available at the Secretary
of State_s office and can be completed by almost anyone. Once you
complete and file the form and select a name for the corporation
(one not in use in the state already) and pay the filing fee, the
business incorporated. There are additional issues regarding the
conduct of the business that you should ask your attorney about,
but the actual process is simple.
Q: I have a problem with the car I bought
? what do I do?
A: Many times, a buyer will have a problem with a
item purchased, be it a car, an appliance, or a vacation. Generally,
these cases involve amounts that make hiring an attorney impractical.
Fortunately, there is an alternative. The Indiana Attorney General_s
Office maintains a Consumer Protection Division [800?382?5516] (other
states have similar offices, as well). The staff will investigate
your complaint and attempt to mediate a resolution. If there has
been a violation of law, the complaint will be referred to the litigation
section for further investigation. If you don_t get results, call
us.
Q: I just got fired. Can they do that?
A: That will depend on the jurisdiction.
Without a contract between the employee and the employer, some states,
including Indiana, maintain the _employment?at?will_ doctrine. The
short definition of that doctrine is that an employer may terminate
an employee_s employment for any legal reason at any time, without
cause. Of course, those reasons cannot include age, race or sex
discrimination, or retaliatory firings for some whistle? blowers.
In those cases, there may be remedies through the EEOC or other
government agencies. If you need help getting to the proper agency,
call us.
Q: I want to sue someone in small claims
court. Do I need a lawyer?
A: Generally, no. The small claims court
procedure is simplified so that individuals may represent themselves.
In addition, the judges in small claims courts are understanding
and work to make the process understandable to the unrepresented
party. The forms needed for the case are available through the court
clerk_s office, and court staff may be available to explain the
forms to you. If you have questions, call us.
Q: I need a lawyer that specializes
in child custody cases. How can I find someone?
A: Most county bar associations maintain a referral service. When
you call the referral number, tell them what kind of lawyer you
need. The referral staff will provide you with a list of lawyers
with experience in the particular field you have requested. We maintain
a list of those numbers, call us.
Q: I_ve been stopped by a cop. Do I
need to let him look at the serial numbers on the frame of my bike?
A: Probably. If the numbers are visible
on the frame, the officer is within his authority to examine them.
If, however, those numbers are covered, the officer may be required
to obtain a search warrant before examining those numbers. Be warned,
however, that the law on this issue is unsettled. For example, Indiana
makes it a violation to alter the number, but the law is silent
on whether you can cover the number with tape or a sticker of some
sort. However, Missouri had made it illegal to cover the number,
although the constitutionality of that statute is questionable.
If you are an ABATE member and have legal questions,
email us at michaelab@iquest.net.
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