AUTO ACCIDENTS

Being injured by another driver’s negligence puts you in a very difficult situation, but if the other driver is uninsured, the situation becomes that much more challenging. Fortunately, all hope is not lost. Most drivers purchase some uninsured motorist coverage with their own car insurance policies, which can provide you with the coverage you need to fully recover for your losses. If an uninsured motorist leaves you injured, it’s time to consult with an experienced auto accident attorney in Indiana.  

Uninsured Motorist Coverage

In Indiana, carrying uninsured motorist insurance (UMI) is not a requirement, but the insurance company from whom you purchased your policy is required to offer it at the time of purchase, and the only way to refuse it is in writing. As such, it’s very likely that you have some uninsured motorist insurance. 

Filing Your Claim

If a driver without insurance leaves you injured, there are several important steps that you’ll need to take. One of these is filing an uninsured motorist claim with your insurance company – for which you’ll need to prove the other driver’s negligence. All the following can help you accomplish this primary task:

• The police report
• Eyewitness testimony
• Physical evidence at the scene of the accident
• Expert testimony

Your practiced car accident attorney has the experience and legal insight to build your strongest claim in pursuit of fair compensation that covers your physical, emotional, and financial damages in their entirety. 

Fault in car accidents often plays out in one of the following common forms of driver negligence:

• Impairment
• Aggression
• Excess speed
• Exhaustion
• Distraction  

The Losses You Experience

The losses you experience as a result of another driver’s negligence for which you can seek compensation in an uninsured motorist claim include all the following categories:

• Property damage to your vehicle
• Medical expenses that can be extensive and ongoing
• Lost income related to lost hours on the job
• Physical and psychological pain and suffering

How an Attorney Can Help

An experienced car accident attorney can help you obtain the compensation to which you are entitled in all the following ways:

• Communicating with the insurance company on your behalf and skillfully negotiating with the insurance company on behalf of your just compensation
• Building your strongest claim (via every available means)
• Ensuring that your claim remains within the exacting rules and regulations of the law
• Preparing for trial (in the event the insurance company refuses to engage in good faith negotiations)
• Helping you understand the claims process and helping you make well-considered decisions throughout

An Experienced Indiana Car Accident Attorney Can Help

If you’ve been injured by a negligent driver without car insurance, the path forward can be daunting without professional legal counsel on your side. The accomplished Indiana car accident attorneys at Tanzillo Stassin & Babcock, P.C., have a wealth of experience successfully guiding claims like yours toward favorable resolutions, and we’re here for you, too. Your claim is important, so please don’t delay contacting us for more information today.

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AUTO ACCIDENTS

There are a variety of factors that are considered in determining how much compensation a victim of a car accident is entitled to receive. Compensation can vary widely from case to case, and you want an attorney evaluating your rights who knows what factors should be considered.

In Indiana, the team of Tanzillo, Stassin, and Babcock P.C. is cognizant of how a multitude of factors can weigh into calculating an appropriate damages award for an injured plaintiff. Here is a brief synopsis of the most important factors that contribute to accurately assessing what your personal injury claim from an auto accident is worth. To discuss your situation, please reach out for a case evaluation. 

Past and Future Damages

Compensation for a car accident victim first depends on their actual losses and estimated future losses. Someone with only a few thousand dollars in medical bills from an injury that is completely healed usually does not have a basis for seeking millions of dollars. On the other hand, $10,000 would not even begin to cover the losses of someone with a catastrophic injury and permanent effects. 

Calculating your damages can be challenging, but car accident lawyers know how to value the following losses and more:

• Medical bills
• Estimated costs of future medical care
• Pain and suffering
• Mental trauma
• Loss of enjoyment of life
• Permanent disabilities or disfigurement
• Wrongful death

Insurance Limits

Many people carry minimal insurance coverage. If another driver causes you severe injuries but has a limited policy limit, it could impact your compensation. Your lawyer can explore other options to get you maximum compensation, which can include determining whether another party shared liability. 

For example, if a driver was working when the accident happened, their employer might also be vicariously liable for the driver’s negligence. This is true of many delivery drivers, construction workers who operate vehicles, commercial truck drivers, and more. Employers tend to have greater insurance policies, which can help to ensure you have coverage of all your losses. 

Other Liability Concerns

Insurance companies might try to blame you partially for the accident. This is because if you share some liability, the insurer can reduce your compensation. You need a lawyer who can prove that your conduct did not play a role in the accident or – if it did – minimize the percentage of fault that is assigned to you. This works to maximize your financial recovery. 

An Indiana Car Accident Lawyer is Ready to Help

In Indiana, if you are pursuing a personal injury claim arising out of a car accident, you need to contact the skilled and experienced attorneys at Tanzillo, Stassin & Babcock P.C. Our firm is fully equipped to represent your claim. We will fight to the fullest extent possible to ensure you receive all the compensation you are entitled to, and we do not back down to insurance companies. Do not hesitate to contact us today for a free consultation today.

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AUTO ACCIDENTS

You’ll want to pick the right lawyer after you’ve been injured in a serious car accident. Most people stunned by the destruction that a major accident can cause are not always thinking of the finer points of the legal process. As Munster auto accident lawyers, we’ve compiled a list of questions to ask at the beginning of your accident case.

Questions to Ask a Munster Auto Accident Lawyer

• What kind of cases do you handle? Mostly accidents?
• How long does it take you to return calls in general? 
• How much money do you think I can get for my settlement?
• Will you help with all of the necessary paperwork? 
• How long will it take to get my settlement?
• Is my case strong? Will I win?
• Will you personally handle my case?
• Which losses related to this accident can I be compensated for?
• What do I tell the insurance company if they call me?
• Do you think I’ll have to testify?
• After we reach a settlement agreement, how long until I get the money?
• What are your fees? How do I pay you?
• How many years have you been working on car accident cases?
• Do you belong to any professional associations? Have you won any professional awards? 
• How often will you update me?
• Do you think my case will go to trial?
• What are the chances of a successful outcome?
• How many cases like mine have you won? What are the average settlements?
• What information do you need from me? How can I help?
• Should I speak with the insurance companies on my own?

How to Research a Lawyer Before You Hire

In addition to grilling potential lawyers with the laundry list of questions above, you should also thoroughly review their online reviews. You can also ask for references from previous clients. The local bar association also keeps records of disciplinary actions that any of their members are having or have had. This is another important place to check out a lawyer before you hire. Additionally, you can also just google the law firm’s name as well as your individual attorney’s name. This should show you what noteworthy cases he or she may have been involved with, as well as things like social media.

Common Mistakes When Hiring a Lawyer

Here are a few things to avoid when you are in the process of hiring an auto accident lawyer. First of all, do not hire the first lawyer who returns your call just because you’re eager to get started. Be patient. The best lawyers are usually the busier ones—keep that in mind. Another mistake is paying for an initial consultation. A lawyer who thinks you have a strong case will be more than happy to meet with you for free. Finally, another mistake people make when hiring an auto accident attorney is not reading the contract thoroughly. Lawyers invented “fine print,” so read before you sign.

Munster Auto Accident Lawyers Ready to Help

If you’ve been in an auto accident, you deserve the maximum settlement possible. Contact Tanzillo Stassin & Babcock today to schedule your free consultation. We’ll be more than happy to answer each and every one of your questions.

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CRIMINAL DEFENSE

Driving under the influence (DUI) of drugs or alcohol is a serious offense that can lead to serious consequences, including death. If you are caught, arrested, and charged with a DUI in Dyer, it would be in your best interest to retain the services of an experienced Indiana DUI lawyer from Tanzillo Stassin & Babcock, P.C., to provide you with skillful legal representation.

Operating a vehicle while intoxicated (OWI), Driving while intoxicated (DWI), driving under the influence (DUI), drunk driving, and driving while impaired are all identical offenses. The state of Indiana charges these offenses per statute as OWI.

Besides criminal penalties and fines, having a DUI arrest means you will also likely have your driving license suspended, unless you retain the services of a skilled DUI lawyer to fight for you in fending off the charges and avoiding the suspension of your license.

Suspension of a driver’s license means you will not be able to drive your car to work, school, or any place you would ordinarily use your car to drive to. This can be extremely hard on you, especially when you do not have other means you can easily go to these places. You should also avoid the temptation to drive while your driving license is suspended because if you are caught, then things will be even worse for you.

Period of DUI-Related Driver License Suspension

How long your driver’s license can be suspended depends on several factors. If this is your first DUI, then you should expect your driver’s license to be suspended for 180 days. However, in certain cases, you may be given restricted driving privileges, so you can drive to, for example, work or school. This is not automatic, for you must show that having even the restricted driving privilege is desirable in your case. 

This is only if you did not refuse a field sobriety test. If you refused the test, then your license could be suspended for a full year.

If you have a prior DUI conviction, then you are likely to have your driving license suspended for an even longer period. For example, if you are convicted for DUI for a second time, then your license could be suspended between six months and two years, depending on your individual facts and circumstances. 

What Happens After a Period of Driver License Suspension is Over?

Once your period of suspension is over, you will be able to resume driving, but only after you apply for reinstatement of your driving privileges and pay significant fees.

This is one of the reasons why you need to consult an experienced DUI lawyer as soon as you have been arrested on a DUI suspicion so the lawyer can apply their skills and the law to at least try and avoid the suspension altogether.

If suspension of your driver’s license is unavoidable, then the lawyer can help you in having some of the driving privileges restored as quickly as possible. Our experienced DUI lawyers know what needs to be documented and presented for your driving privileges to be partially or fully restored.

Consult with an Indiana DUI Defense Lawyer Today

If your driver’s license has been suspended in Indiana and you wish to have your driving privileges restored, then contact us today and speak to one of our knowledgeable attorneys to discuss your case.

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AUTO ACCIDENTS

Safety and medical attention should be your first priority in the event of any type of accident (an injury at work, a car crash, a medical incident, or any other event). Eventually, after your initial injuries are addressed, you will likely start wondering about your legal rights and whether you can seek compensation for your injuries. This is when you should consult with an Indiana personal injury lawyer.

Always Call 9-1-1 First

It is often recommended to call 9-1-1, as you might not realize how injured you are. Let the dispatcher be the one to tell you that you don’t need a first responder (or let the first responder who shows up be the one to determine everyone is fine). Remember, there are numerous injuries that are not obvious right after an accident. Let the medical experts decide who should get further treatment.

Get the Necessary Medical Treatment

Be sure to follow up with the treatments or recommendations of the medical staff that examine you. Whiplash is a great example of an injury that we see underestimated often. After being rear-ended, your neck might only feel sore, and you might never imagine that you need physical therapy. If a doctor recommends that you attend therapy, however, you should follow these instructions. The professionals know best about how to best resolve your injuries. 

Document Everything

Even today, with security cameras everywhere, there are still many injuries and accidents that are not caught on camera. Again, calling 9-1-1 helps establish the accident timeline and ensure there will be an accident report. Take pictures and videos of the area, people, and anything else that may be relevant. Sending text messages and making phone calls after the accident can also help show your state of mind and preserve the timeline.

Protect the Accident Scene

If you were involved in an accident, first responders (like police and the fire department) might work to preserve evidence and investigate the cause or other relevant details. Still, you should document everything! Don’t assume another driver, employee, neighbor, or whoever else won’t turn around and sue you despite having a different attitude at the scene of the accident.

When to Call a Personal Injury Lawyer

Do you think that someone else caused your accident? Unfortunately, this doesn’t mean that the claim process will be a simple one. It’s not hard for people with little experience with insurance settlements or the claim process to be exploited by other parties. We always recommend contacting a personal injury lawyer as soon as you can following an accident, even if you are unsure whether you have a valid claim. It never hurts to get some legal advice, and consultations are free with no obligation. 

Dyer Personal Injury Lawyers Ready to Help

If you’ve been in an accident, don’t miss out on getting the maximum benefits you are due. Our legal team can review your situation and advise you of your options. Contact the Indiana personal injury attorneys at Tanzillo Stassin & Babcock today.

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AUTO ACCIDENTS

Being injured in a car accident that was caused by someone else’s negligence can lay you low and leave you wondering where to turn for the help you need. All told, an auto injury can alter the course of your life in ways that can be difficult to anticipate, but that reverberates throughout your life in exceptionally challenging ways. The losses you suffer in relation to auto injuries can be life-altering, but an experienced Indiana auto accident attorney can help. 

The Serious Nature of Your Injuries

The immense impact of car accidents can leave you with exceptionally serious injuries, which can include any of the following:

• A broken bone that is highly painful, slow to heal, and can lead to debilitating consequences, such as chronic pain and physical limitations
• A traumatic brain injury (TBI) that can leave you with cognitive or physical impairments and extreme challenges in your daily life
• Spinal cord injuries, which – if very serious – can mean permanent paralysis. 
• Burns, cuts, and abrasion, which are highly susceptible to dangerous infections and unsightly scarring that can also impede movement in the affected area (and, if on or near the face, can be permanently disfiguring)

In other words, there is no lack of serious physical, financial, and emotional consequences when it comes to auto accidents. 

Your Losses

In addition to your physical injuries, you can face significant losses (or legal damages) as a result of a car accident that was caused by another driver’s negligence, including:

• Property damage to your vehicle
• Your medical expenses, which may begin with emergency treatment and continue on to surgery, hospital stays, pain management, physical therapy, rehabilitation, and beyond 
• Your lost wages, which can mean a loss in earning potential (in addition to current setbacks)
• Your physical and emotional pain and suffering, which can have long-lasting psychological effects – including fear of getting back behind the wheel and terrifying accident flashbacks – that are difficult to overcome

Moving forward with Your Life

You are injured, are facing financial setbacks, and are burdened with psychic pain, which can make moving forward with your life and your life plans exceptionally difficult – all as a result of someone else’s negligence, which makes the situation that much more difficult. All told, auto injuries can disrupt your life in ways that can be difficult to predict and difficult to overcome. Your rights and your future, however, are too important not to fight for your case’s best possible outcome, and a dedicated auto accident attorney can help you with that. 

Reach Out to an Experienced Auto Accident Attorney in Northwest Indiana Today

If you have been injured by another driver’s negligence, the accomplished auto accident attorneys at Tanzillo Stassin & Babcock, P.C. – proudly serving Northwest Indiana – have the experience, drive, and legal skill to help. Our dedicated legal team recognizes the serious nature of your situation and has an impressive track record of helping clients like you prevail with favorable case resolutions. To learn more, please don’t wait to contact us today. 

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CRIMINAL DEFENSE

A DUI conviction can have seriously negative consequences in anyone’s life, but if you have a commercial driver’s license (CDL), the stakes are that much higher. You make your living behind the wheel of your rig, and if your ability to continue earning is thwarted, the consequences can be dire. If you are facing a DUI charge and you have a CDL license, you need a dedicated Indiana DUI attorney – who has considerable experience successfully defending complicated cases like yours – in your corner. 

The Limits Set for Commercial Drivers

The law takes a very dim view of impaired driving generally, but it is even more strict when it comes to commercial drivers, and as such, the legal limit for your blood alcohol concentration (BAC) is lower than it is for other motorists. The legal limit for everyone else is .08 percent BAC, but for those who have CDLs, the legal limit is .04 percent, which amounts to a Class C infraction in the State of Indiana. This fine-tuned BAC limit generally means that even one drink with dinner can set you up to test over the limit. 

Protecting Your CDL

The best way to protect your CDL – and your livelihood – is to fight the DUI charge in the first place, and the best way to fight the charge is by working closely with a seasoned DUI attorney. Successful defenses related to DUI charges tend to include those based on the following:

• Procedural errors made on the part of the arresting officer
• Invalid lab results related to your breath or blood test (which are more common than many people realize)

There is also the option of entering into a plea agreement that reduces your charges and/or sentence requirements. A plea deal tends to make the most sense when you have a prior conviction and/or you have an addiction concern you need to address. 

Refusal of a DUI Test

The fact is that no one can force you to provide a breath or blood test (unless you have been arrested under suspicion of DUI or the officer has a warrant to do so), but refusal can do more harm than good and can actually increase the length of your CDL license suspension. While the portable test that the officer uses when he or she stops you can serve as probable cause to arrest you for suspicion of DUI, it cannot be used as evidence in your DUI case. The results of the official test taken at the police station, however, can. 

Turn to an Experienced Indiana DUI Attorney for the Legal Help You’re Looking For

The formidable Indiana DUI attorneys at Tanzillo Stassin & Babcock, P.C., are committed to skillfully advocating for your case’s best possible resolution – in protection of your commercial driver’s license. Maintaining your livelihood as a commercial driver is too important to leave to chance, so please don’t wait to contact us for more information about how we can help you today.

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AUTO ACCIDENTS

Car passengers are at the mercy of the drivers and must be kept safe from harm. However, driver errors could quickly turn tragic when the car crashes into another vehicle or gets involved in a single-vehicle crash. Passengers could be severely hurt when the driver of the car they’re riding in, or the driver of other vehicles on the road acts negligently or recklessly. 

Fortunately, passengers who have suffered injuries in a car, truck, motorcycle, or other motor vehicle accidents could recover monetary compensation for all their accident-associated damages through the auto insurance coverage of the driver responsible for the accident. Recoverable damages could include medical expenses, pain and suffering, and lost income if you missed working days to treat and recover from your injuries. 

Determining Liability for The Car Accident

Depending on the specific circumstances of the accident, more than one party may have contributed or caused the accident, including:

• The driver of the vehicle you were riding in
• The driver of another vehicle that crashed into the vehicle you were riding in
• Both drivers engaged in negligent actions that resulted in the accident

Filing a Claim Against The Liable Party

Once you have determined who was liable for the car accident, you could then pursue legal action against the liable parties whose reckless or negligent actions caused the crash. The at-fault driver’s auto insurance provider will have to pay the compensation related to the accident. 

But first, you must go through the insurance claims process. You need to keep in mind that insurance providers make it intentionally difficult for injured claimants to seek the compensation they deserve. They are notorious for denying valid claims or finding ways to refute the evidence against their policyholders. In this light, letting an experienced lawyer deal with the insurance provider will help make sure that the insurance claims adjuster doesn’t take advantage of your circumstances. 

Making claims against multiple parties is also a possibility. For instance, if insurance coverage of the driver isn’t enough to cover all your damages, you might be able to make a claim against the other driver’s insurance coverage (if they’re also liable for the accident) to make up for the part that the other’s policy couldn’t cover. 

It’s also crucial to note that Indiana has a Guest Statute, which states that an injured passenger can’t file claims against a driver who is their parent, spouse, child, sibling, stepchild, or an individual that picked up the passenger (hitchhiker) and didn’t get paid for the ride. An exception to this rule is if the driver’s willful or wanton misconduct resulted in the passenger’s injury or death. 

Talk to a Skilled Indiana Personal Injury Lawyer Today

Our Indiana personal injury lawyer can determine who you can hold accountable for the injuries and related losses you sustained in a car accident as a passenger. We’ll review all the applicable insurance coverage for all the parties involved to maximize the amount of compensation you could seek. Contact Tanzillo Stassin & Babcock P.C. online today to arrange your free case review.

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CRIMINAL DEFENSE

Most people do not think of theft as a serious crime, as it does not involve violence or weapons. However, theft can result in serious financial harm to others and, when that happens, it might rise to the level of a felony offense. 

Under Indiana criminal laws, a person commits the crime of theft by knowingly or intentionally “exerting unauthorized control” over another’s property, with the intent to deprive the other person of the value or use of the property. To “exert unauthorized control” over someone’s property means taking something that does not belong to you without authorization, and this includes taking, obtaining, concealing, or transferring property:

• without the consent of the property’s owner
• by creating an impression that you own the property when you do not
• by making false promises about the property
• by threatening to do damage to the property that belongs to someone else if they do not do what you want them to do, otherwise known as extortion or blackmail
• without the property owner’s consent, typically by embezzlement or misappropriation), or
• while failing to disclose a legal fact that impacts the property owner’s ability to use the property as they otherwise would.

The term “property” itself has a much broader meaning under Indiana law than is commonly understood. The law defines property to be basically anything of value ranging from tangibles such as real estate, personal property such as automobiles, jewelry, to intangibles such as trade secrets, credit, contractual rights, and even animals.

Classification of Theft as a Felony

Theft is classified in Indiana based on the value and type of property stolen, the circumstances involved, and the offender’s prior criminal history. The most serious of these is felony theft.

Level 5 Felony Theft

This is the highest level of theft classification, which includes:

• theft of property valued at $50,000 or more
• a second or subsequent offense for theft of an automobile or its part, or
• theft of a valuable metal that creates a substantial risk of bodily injury to others and either: (a) relates to transportation or public safety or (b) is taken from a health care facility, telecommunications provider, public utility, or critical infrastructure facility.

A conviction for a class 5 felony brings with it a possible sentence of one to six years of imprisonment and up to $10,000 in fines. 

Level 6 Felony Theft

A person commits a level 6 felony by doing any of the following:

• stealing property valued at $750 or more but less than $50,000
• stealing a firearm, motor vehicle, or motor vehicle parts, or
• committing a second or subsequent theft or conversion offense.

A conviction for a class 6 felony carries a possible sentence of six months to two and a half years of imprisonment and a fine of up to $10,000. 

Call an Indiana Criminal Defense Lawyer Now

The legal team of Tanzillo Stassin & Babcock, P.C. represents those who have been charged with the crime of theft and face possible jail time. Contact us to discuss how we can help you.

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PERSONAL INJURY

Wrongful death claims arise when an individual dies because of the actions or inactions of another person. It is similar to a personal injury claim and typically founded on negligence or intent. If the deceased person would have had a personal injury claim under the same circumstances had they not died, a personal representative can file a wrongful death claim on their behalf. If you recently lost a loved one, you might be wondering who can file a wrongful death claim for them or who their personal representative is. These are excellent questions to address with a knowledgeable Indiana wrongful death attorney from our firm.

Who Can File a Wrongful Death Claim?

Each state handles wrongful death claims differently. In Indiana, the person eligible to file a wrongful death claim depends on the age of the person at the time of their death. 

Children

Wrongful death claims for child decedents have to be filed by one or both of the child’s parents. If the parents are not legally married, the parent who had legal custody of the child at the time of their death is the one who must file the claim. In cases where both parents are dead or don’t have custody of the child, the right to file a wrongful death claim lies with the child’s legal guardian. Indiana’s wrongful death statute defines a child as:

• Someone younger than 20 years old, unmarried, and without dependents
• Someone younger than 23 years old who is going to college, a career and technical school, or enrolled in a similar program, and unmarried without dependents
• A fetus that has reached viability

Adults

Many states allow an adult decedent’s family members to file a wrongful death claim for them. However, Indiana laws only allow a personal representative, or executor, of the deceased estate to file a wrongful death claim on their behalf. If the decedent hasn’t named an estate executor before their death, the court will appoint one for them. The executor must be at least 18 years of age and of sound mind as determined by the court. Executors in Indiana can’t be convicted felons under any state or federal law.

Indiana’s Statute of Limitations for Wrongful Death Claims

If you aren’t sure who should file a wrongful death claim on behalf of your deceased loved one, contact an experienced Indiana wrongful death lawyer as soon as possible. Not doing so could put the wrongful death claim at risk of not being filed on time as per the statute of limitations. In Indiana, those who qualify to file wrongful death claims only have two years from the date of the death to file a legal claim. If they fail to take legal action within those two years, they no longer have the right to pursue compensation. 

Seek the Advice of a Compassionate Indiana Wrongful Death Attorney Today

If you recently lost a loved one, please accept our sincerest condolences. We know how difficult this time can be.  Wrongful death claims are often necessary but can also be overwhelming at such an emotional time. At Tanzillo, Stassin & Babcock, we can stand by your side as you seek to recover compensation for your family’s losses and your deceased loved one’s pain and suffering. You can meet with one of our Indiana wrongful death lawyers and learn more about your family’s legal rights by contacting us today.

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