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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses

DO I NEED AN ATTORNEY IN THE STATE WHERE MY ACCIDENT HAPPENED?

attorney writing in a notebook

Bob and Sissy Sandburn and their three children had enjoyed a wonderful visit with Bob’s sister’s family in northern Michigan. Unfortunately, on the way back home to Indiana, the Sandburns’ car was struck by an oncoming vehicle driven by a Michigan resident who had a high blood alcohol level.  Sissy and Bob each sustained serious bone fractures in the accident; all the children were bruised and traumatized, but their eight-year old son, they learned, had sustained massive internal injuries.

Despite having been injured in a terrible accident and being horribly worried about their son’s injuries, Bob and Sissy had remained calm enough to accomplish all the necessary steps after the incident. They’d called the police, sought medical help, gotten information from the other driver, notified their own insurance company, and even remembered to take down the names of witnesses.

This accident had been no mere fender bender, however, and the Sandburns understood that their family would probably be facing prolonged negative effects from the accident.  In fact, some of the medical professionals who had treated them had tried to prepare them for the fact that the physical damages might prove to be worse than what was originally apparent.

Almost right away, the couple was offered a settlement by the other driver’s insurance company. It was tempting to accept the substantial sum of money. But after he’d done some research online, Bob Sandburn realized that if he and Sissy accepted the offer, it might not prove enough to pay for all the medical costs and for their time away from work.  By taking the money, they would be giving up all rights to make any future claims.

Bob and Sissy made the decision to reject the offer and hire a personal injury attorney. The “wrinkle” they encountered was that Michigan’s auto accident liability laws are different from those in Indiana. Michigan, they learned, is a “no-fault” state, while Indiana is a “fault” state. 

“No-fault” auto insurance allows policyholders to recover financial losses from their own insurance company, regardless of fault. In “fault” state”, the liability laws hold each driver accountable for his or her role in the accident, assigning a percentage of fault to each driver.  

Most personal injury cases are filed in state court, usually in the state where the defendant (in this case the Michigan driver) resides. If their case were to end up going to court, the Sandburns would need to travel to Michigan. Attorneys can practice law only in states where they took and passed the bar exam, so the Sandburns will need to be sure that, even if their attorney is located in Indiana, he or she is also licensed to practice in Michigan.

The Sandburn family had simply wanted to spend some time with family members. Not only had that intoxicated Michigan driver ruined their vacation, the results of the accident would undoubtedly affect them for the rest of their lives. Bob, Sissy, and the children had already been hurt.  It will be the job of their personal injury attorney to help recover financial compensation.

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