How to Testify

As stated, start with the truth, but understand that the administrative law judge (ALJ) needs details. Many claimants are reluctant to report the facts, because they fear it may sound as if they are complaining. Others tend to exaggerate the negative to try and sway the judge. Do neither.

Explain in detail what makes a day “bad.” For instance, how do you feel, where does it hurt, and what can you not physically or mentally do that day? Be prepared to accurately tell the ALJ the number of bad days versus good days you experience in a typical month.

How to Prepare for Your Testimony

First of all, you must know yourself and your limitations. As it is difficult for any of us to be objective about ourselves, it is beneficial for you as the claimant to discuss with your family and close friends how they perceive you on bad days and how often those bad days occur.

The ALJ has your medical record, but your testimony carries great weight in the final decision. Lane Siesky, a dedicated Evansville disability attorney, is available at (812) 402-7700 for a complimentary consultation to offer his guidance as to the best approach to prepare for the hearing.

A known risk is the knowledge or expectation that something bad or unexpected can result from a procedure, medication, or treatment. Doctors are required to inform patients of known risks pursuant to informed consent laws. For example, even under the best conditions, a patient may contract an infection after surgery or lose large quantities of blood. If a doctor fails to inform a patient of this known risk, a patient could argue that the doctor’s failure to disclose the risks or hazards would have influenced a reasonable person in consenting to the procedure.

A valid medical malpractice claim must be based upon proven acts or omissions of the doctor that are below the required standard of care. You must also prove that the specific violation of the standard of care was the proximate cause of your injuries; that is, the violation actually caused your injuries.

You, as the plaintiff, have the legal burden of proof. You must prove that the doctor was negligent. The doctor is not required to prove that he or she acted properly. Determining whether you have a viable medical malpractice case may take months of research and discovery. Experts may be needed to review what happened and determine whether the doctor deviated from the standard of care or whether the result was an inherent risk of the procedure.

A doctor’s failure to treat an inherent risk may also constitute malpractice. For example, even though an infection may be a known risk of surgery, a doctor commits malpractice if he or she fails to treat the infection.

If you think you have a medical malpractice claim, contact experienced Evansville medical malpractice attorney Lane Siesky today to schedule a free initial consultation.

The federal government regulates certain aspects of consumer product safety; however, the laws affecting products liability litigation exist at the state level.  Product defects can exist in any number of forms.  For instance, design defects can happen when a manufacturer or producer neglects to design the product in a way that is safe for its intended use.  The manufacturer could have chosen to use a safer design in order to avoid foreseeable risks.  This happens when, for example, a hammer is created with a weak handle or a swing set is built with an unstable base.

In the alternative, defects sometimes happen during the manufacturing process and have nothing to do with the design of the product.  Even if there was a perfect design, poor manufacturing of the product can cause proper safety measures that may have ordinarily worked to fail.  This can happen when a manufacturer uses incorrect materials or neglects to use proper quality controls.

Marketing defects are a different type of defect that entails the failure to warn of danger or instruct on proper use.  Goods that are safe when the consumer fully knows how to use them can turn quite hazardous without appropriate warnings.  Manufacturing companies have a duty to warn users of any non-obvious aspects of a product that can make it dangerous.  Marketing defects can happen, for example, when manufacturers neglect to instruct users of a household cleaner to use it only in well-ventilated areas or wear gloves while using the cleaner.  If you need an Evansville products liability lawyer, please call Lane Siesky for a free consultation.

Through the Commercial Drivers’ License Program, the FMCSA sets the requirements and test standards that drivers must meet to hold commercial drivers’ licenses. In a semi-truck accident, an Evansville personal injury lawyer may choose to review the driver’s qualifications and determine whether the driver or the motor vehicle company failed to keep up with the proper licensing procedures.

The administration also establishes the Federal Motor Carrier Safety Regulations. These federal regulations are the laws that motor carrier companies and commercial drivers must follow. The regulations cover safety standards, safe operating practices, vehicles and vehicle equipment, new technologies, and other related areas. The administration also provides support across the United States for safety-inspection initiatives by funding state-level organizations to perform roadside inspections. In addition, the FMCSA has regulations intended to protect U.S. highways during the transportation of hazardous materials. In a case involving a semi-truck accident, an Evansville personal injury lawyer would likely review the relevant federal regulations and identify areas where the commercial driver or the motor carrier company may have failed to meet FMCSA standards.

The FMCSA also researches and collects safety data for crashes and other accidents involving motor carriers. The administration provides state and national-level statistics related to motor carrier performance. Law enforcement agencies often use these statistics to identify drivers, vehicles, and carriers that need additional oversight or inspection to meet safety standards. Safety data for a particular driver, vehicle, or carrier may become helpful to litigation of a semi-truck accident. An Evansville personal injury lawyer will be able to research and assess the relevant laws and statistics relevant to a specific case.

For a free initial consultation of your legal issues relating to semi-truck litigation, do not hesitate to contact experienced Evansville personal injury lawyer Lane Siesky.

“Impairment” refers to the physical limitations imposed on your body as a result of a work-related injury. However, just because you have an impairment – even a permanent one – does not necessarily mean you cannot work.

“Disability” is the term that deals with your inability to work.  You have sustained a disability under Worker’s Compensation Law if you suffer from an impairment that prevents you from engaging in the same or substantially similar employment that you were able to perform prior to your injury.

By way of example, if you suffer a back injury requiring a lumbar fusion, you may have a permanent impairment to your body that might not necessarily result in you being disabled from work.  On the other hand, if your injury is so severe that it imposes physical limitations that keep you from working again, you may be permanently disabled from work.  Under Indiana law, you will need the opinion of a vocational rehabilitation specialist to prove you are permanently disabled from work.  And if you are permanently disabled from work due to a work-related injury, you may be entitled to significant disability benefits under Worker’s Compensation Law.

Even if you are not disabled, your work-related injury may result in a permanent impairment to your body.  If so, you should be assigned what is called a “permanent partial impairment rating” or “PPI rating” which entitles you to money compensation depending on the degree of the impairment.

If you have suffered an injury at work, contact experienced attorney Lane C. Siesky today to discuss your case in a free consultation. Located in Evansville, Indiana, Siesky Law Firm, PC is a boutique law firm that represents all varieties of injured people and victims of discriminatory employment practices.

Medical illustrations are not cheap, but they can be invaluable in maximizing the recovery value of your case. For example, some clients suffer significant injuries from what initially appears to be a minor accident. X-rays can reveal significant degenerative changes, which can often take years to develop. These x-rays would be used at settlement or trial to show the progressively worse nature of the client’s injuries. Other cases require more complex illustrations.

While the typical car collision case might appear simple, many car collisions require hiring a virtual army of accident reconstructionists, human factor experts, and crash impact specialists to analyze. Computer-generated animations of the accident and impact are often used to show how the defendant was negligent. Because the analysis is so technical, automobile accident cases also require graphic demonstrative evidence in order to explain exactly how the accident and injury occurred, together with precise medical illustrations of the injuries.

Keeping It Simple

The purpose of a medical-legal illustration is to help a layperson, such as a juror, understand complicated medical issues. If a medical illustration is too complex, it will be confusing, which defeats the purpose of its creation.

A medical illustration should be anatomically correct and as simple as possible. Conventional textbook medical illustrations contain too much information for a lay audience. In car collision cases with a significant potential for damages, attorneys usually use case-specific drawings. Such drawings, when properly done, can make a huge difference in the amount you recover.

Some attorneys will ask their medical illustrator to prepare pencil drawings, which are then shown to the plaintiff’s doctor or experts for review. The doctor or expert can make any necessary changes so the illustration is as accurate and helpful as possible.

Experienced Evansville personal injury lawyer Lane Siesky has used medical illustrations to prosecute numerous car collision cases.

Siesky Law Firm on Twitter

A driver may not drive a property-carrying vehicle after:

• 11 cumulative hours following 10 consecutive hours off duty;
• For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty;
• Being on duty 60 hours in any seven consecutive days if the carrier does not operate every day of the week; and
• Being on duty 70 hours in any eight consecutive days if the carrier operates every day of the week.

Drivers who are subject to these hours of service regulations must record their drive time in a log book. The driver must maintain the following information:

• Date,
• Total miles driven today,
• Truck or tractor and trailer number,
• Name of carrier,
• Driver’s signature/certification,
• 24-hour period starting time,
• Main office address,
• Remarks,
• Name of co-driver,
• Total hours, and
• Shipping document number or the name of the shipper and commodity.

Drivers are required to turn in a copy of their log books to their carrier company each week. The carrier must retain the log books for at least six months.

Drivers involved in accidents may lie in their log books in order to deny that they violated the law. A good Evansville personal injury lawyer can discover important facts that may reveal the driver’s lies, such as:

• The number of miles the driver claimed he drove that day;
• The amount spent on gas, toll roads, and weigh stations based on the receipts; and
• Satellite tracking data.

If you’ve been in an accident with a truck, contact experienced Evansville personal injury lawyer Lane Siesky today to schedule a free initial consultation.

However, under Indiana’s Medical Malpractice Act a victim of medical malpractice must first submit a proposed complaint against a qualified health care provider to the Indiana Department of Insurance before filing a complaint in State Court. A medical review panel is then formed consisting of three health care providers and an attorney that serves as the panel chairperson.  As one might imagine, Indiana medical panels can be reluctant to find an Indiana physician guilty of medical malpractice.

Moreover, the INCAP includes specific laws with respect to caps on damages. At present, the cap for patients who seek to obtain a medical malpractice award is $1.25 million. Further, a doctor who is found to have been negligent is only liable for the first quarter of a million dollars in damages. So, the doctor (and/or the doctor’s insurance company) is only responsible for a maximum of $250,000.00.  The remaining amount owed is taken from Indiana’s Patient Compensation Fund (PCF).

Utilizing this type of arrangement can make a doctor’s insurance company reluctant to settle claims because the insurance company’s exposure is limited. Therefore, it is imperative that cases are carefully screened.

A knowledgeable Evansville personal injury attorney can advise you regarding the particulars of your specific case. If you need a competent Evansville personal injury attorney, please contact Lane Siesky for a free consultation.