Shartzer Law Firm, LLC FindLaw IM Template 2026-06-10T19:45:10Z https://www.shartzerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100715/2019/05/cropped-site-identity-32x32.jpg On Behalf of Shartzer Law Firm, LLC <![CDATA[Indiana’s comparative fault rule: What it means for your injury claim]]> https://www.shartzerlaw.com/?p=50574 2026-04-28T10:47:48Z 2026-04-28T10:44:15Z How Indiana's comparative fault system actually works Indiana uses a modified comparative fault system. That means courts and juries assign a percentage of fault to each party involved in an accident, and your recovery adjusts accordingly. If a jury finds you 20% at fault for your injury and awards $100,000 in damages, you receive $80,000. Your recovery reduces by your share of the fault, but it does not disappear. The point where recovery disappears is 51%. If a jury finds you 51% or more responsible for the accident, Indiana law bars any recovery at all. Below that threshold, you keep the right to compensation even if you contributed to the situation. That threshold is meaningful. It means another driver, a property owner or any other responsible party cannot escape accountability simply by pointing out that you were not perfectly careful. Indiana law holds all parties accountable for their share, and your portion of fault reduces your recovery without eliminating it.

How insurance companies use fault to reduce your settlement

Understanding how the system works theoretically is one thing. Understanding how insurance companies apply it in practice is another, and the two do not always match. When an insurance adjuster contacts you after an accident in Indiana, their goal is to assign you the highest possible percentage of fault. Here is how that typically happens:
  • In a motor vehicle accident, adjusters focus on your speed, your following distance, whether you were distracted and whether you had time to avoid the collision. In a slip and fall, they ask what you were doing, where you were looking and whether you saw any warning signs before you fell. In both cases, your answers form the basis of a fault argument against you.
  • Adjusters offer quick settlements before the full extent of your injuries is known, counting on the fact that a low offer accepted early closes the claim before anyone calculates actual fault percentages or full medical costs.
Neither tactic reflects a neutral assessment of what happened. Both reflect a strategy to minimize what the insurance company pays.

What actually determines your fault percentage

Indiana courts and juries consider specific facts when assigning fault percentages. In a motor vehicle accident, those facts include vehicle speeds, traffic controls, road conditions, driver behavior and whether either party violated Indiana traffic law. The facts of your situation determine your actual position in that analysis, not the percentage an adjuster assigns in an opening conversation. An attorney familiar with Indiana personal injury cases can review the specific circumstances of your accident, assess what a realistic fault determination looks like and help you understand whether the offer on the table reflects what Indiana law actually supports.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[Could adrenaline hide car accident injuries?]]> https://www.shartzerlaw.com/?p=50572 2026-04-23T09:40:35Z 2026-04-23T09:40:35Z If you are involved in a dangerous event, such as a car accident, your fight-or-flight response kicks in. This can lead to the release of hormones like adrenaline, along with endorphins. Humans have evolved this response over time because it can help them survive, so these neurotransmitters help the body focus on survival above all else. There is one downside in the modern era, however, which is that pain can be diminished or masked. This would be an evolutionary advantage that allows someone to continue moving and seeking help if they were injured. But in the context of a car accident, it may simply mean that they do not know how seriously injured they actually are.

The risk with internal injuries

This fight-or-flight response can impact how quickly someone identifies internal or hidden injuries. Examples include internal organ damage or traumatic brain injuries. For instance, someone who is involved in a car accident may think that they just have a minor headache and that it is not a big deal. But as the adrenaline wears off in the hours after the accident, they realize that the headache is only getting stronger. They may actually have a traumatic brain injury. With internal injuries, from traumatic brain injuries to internal bleeding, prompt medical care is often necessary. If a person delays seeking the care that they need, their condition could get significantly worse.

Medical treatment and compensation

For all of these reasons, even if you do not think you have been seriously injured in a car accident, it is often best to speak with medical professionals and get a full checkup. Your injuries may be more serious than you believe, and medical professionals can help you determine what steps are necessary to get appropriate treatment. With severe injuries, this treatment can be expensive, and you may also experience lost wages, pain and suffering, and other damages. An attorney can help you determine what type of compensation you deserve if another negligent driver caused the accident.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[Burn injuries from car crashes may require considerable treatment]]> https://www.shartzerlaw.com/?p=50570 2026-04-07T09:03:34Z 2026-04-07T09:03:34Z Many injuries can occur when a person is involved in a car crash. Burns are one of these, and they can be serious. Deeper burns and ones that are over a larger area of the body often have a more complex recovery than smaller burns that are superficial.  Car crashes have various things that can cause burns. Some of these include hot surfaces and scalding liquids. It’s even possible that steam or electrical currents can lead to serious burns. 

What factors impact the severity of burns?

Typically, the depth, size, and location are what determine the severity of the burn. A smaller burn can be just as serious as a larger burn if the smaller burn is on the face, hands, feet or major joints. These areas of the body often come in contact with hot surfaces or substances when the person is trying to get out of the vehicle. 

What’s recovery like?

Recovery for a severe burn often occurs in stages. Early treatment focuses on stabilizing the patient and the injury. From there, protecting the skin and reducing infection risk are the focuses. Those are balanced with managing the pain the patient is experiencing. In some cases, all this occurs at a burn center.  Burns often take considerable time to heal, which can be a significant disruption to the patient’s life. It can take months or years for the injuries to heal, but the individual will still have to deal with the effects that come with scar tissue.  When the crash was the result of another party’s negligence, a personal injury claim may be possible. Working with someone who’s familiar with these matters may be beneficial because these cases can often be complex. ]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[What must plaintiffs prove in Indiana wrongful death lawsuits?]]> https://www.shartzerlaw.com/?p=50568 2026-03-21T00:52:12Z 2026-03-21T00:52:12Z Proof of fault Most wrongful death lawsuits begin with claims of omissions or negligence, although plaintiffs can also file lawsuits in cases where they can credibly assert that wrongful acts, such as an assault, lead to the tragedy. Even if the state didn’t prosecute the party at fault, there may be enough evidence for a lawsuit. Unlike a criminal case, which requires proof beyond a reasonable doubt, a civil lawsuit only requires proof that a preponderance of the evidence supports the allegations.

Documentation of specific losses

When filing a lawsuit in response to misconduct or negligence, plaintiffs must have documentation of economic losses. Medical bills, property damage repair invoices and even proof of funeral expenses can all contribute to the damages sought in a wrongful death lawsuit. Those preparing to file wrongful death lawsuits may need help determining what economic and non-economic damages they can request compensation for and gathering evidence of those losses. Consulting with a wrongful death lawyer can help those who have lost a loved one evaluate the strength of their claims. With enough evidence, the civil courts can provide both financial relief and, potentially, a sense of closure to grieving survivors.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[Wrongful death and survival action: 3 things families should know]]> https://www.shartzerlaw.com/?p=50566 2026-03-18T08:37:43Z 2026-03-18T08:37:43Z When someone's negligence leads to the demise of your loved one, Indiana law does not treat it as a single injury. It recognizes two distinct harms: your family's loss is one claim, while your loved one's suffering before death is another. This distinction matters enormously for the compensation you can pursue. You need to understand the specific rules governing these claims to protect your family's future. The law sets clear boundaries on timing, eligibility and the types of reimbursement available.

The 2-year deadline starts immediately

Time is not on your side when seeking a wrongful death claim in Indiana. The law gives you exactly two years to initiate litigation, starting from the date of the passing. Courts will likely dismiss your lawsuit if you submit paperwork even one day late, regardless of the strength of your evidence. The survival action operates under the same 2-year window. Waiting too long often forfeits your right to hold negligent parties accountable and recover damages. This deadline remains firm even while you are grieving or dealing with insurance companies.

Only specific people can file these claims

You cannot simply start a wrongful death lawsuit or a survival action on your own. Indiana requires the personal representative of the decedent’s estate to initiate the process. This individual typically includes one of the following:
  • The surviving spouse of the deceased
  • The adult children of the deceased
  • The parents of the deceased (when no spouse or children survive)
  • A person appointed by the court
This rule aims to prevent multiple relatives from pursuing separate lawsuits for the same incident. The representative acts on behalf of the entire family and ensures the fair distribution of any settlement or verdict.

Each action compensates different losses

The wrongful death action compensates your family for hardships suffered because of the tragedy. Indiana law typically allows you to recover:
  • Loss of your loved one's companionship, guidance and care
  • Financial support the decedent would have provided
  • Medical bills related to the final injury or illness
  • Funeral and burial costs
  • Lost wages between the injury and the end of life
The survival action addresses what your loved one endured. This claim seeks payment for the pain and suffering they experienced and the medical expenses they incurred before death. These damages belong to the estate and are distributed according to estate law. Parents can recover for the loss of a child’s love and services until that child would have turned 20 (or 23 if enrolled in school). For a spouse, the law focuses on the disruption of lifetime earnings and long-term emotional support. If the decedent was an adult without dependents, Indiana law generally caps "loss of love and companionship" damages at $300,000, depending on the specific circumstances.

Securing justice and compensation for your family

The legal system cannot undo your tragedy, but it can hold negligent parties accountable for their conduct. Filing a wrongful death claim or a survival action ensures that the memory of your loved one receives the respect it deserves through a formal record of the truth. Most importantly, successful claims prevent the financial burden of a tragedy from resting entirely on your shoulders.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[What are the top causes of semi-truck collisions?]]> https://www.shartzerlaw.com/?p=50564 2026-03-05T20:32:54Z 2026-03-05T20:32:54Z Professionals driving semi-trucks must follow slightly different rules in traffic. Commercial truck drivers are subject to Hours of Service rules that limit how long they can be on the road and stricter limits for their blood alcohol concentration (BAC) when compared with the average adult driver.  Unfortunately, semi-truck collisions still occur daily across the United States and often have devastating consequences for the people in the smaller vehicles involved. What are the most common causes of commercial vehicle crashes? 

1. Driver errors

Decision-making errors are responsible for approximately 38% of the crashes caused by commercial vehicles. The driver with a CDL may maintain a faster speed than is reasonably safe given road conditions or may get too close to other drivers and traffic.

2. Surveillance issues

Another significant percentage of commercial vehicle collisions occur due to recognition errors or the failure to properly monitor traffic. The Federal Motor Carrier Safety Administration (FMCSA) asserts that approximately 28% of the collisions caused by commercial vehicles involve a recognition error on the part of the commercial driver. 

3. Nonperformance

Approximately 12% of commercial vehicle crashes occur due to non-performance. The driver has a medical emergency or falls asleep at the wheel, which leaves them unable to continue driving. Other top issues reported by the FMCSA include vehicle issues, such as insufficient maintenance, and performance issues on the part of the commercial driver.  When the crash report clearly shows that the commercial vehicle was to blame for the wreck, the occupants of the smaller vehicle may have the option of requesting compensation. Reviewing the circumstances of a semi-truck collision can help the people affected by the crash pursue compensation from the appropriate party. ]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[Indiana’s hands-free law and distracted driving: What to know]]> https://www.shartzerlaw.com/?p=50562 2026-02-17T09:19:58Z 2026-02-17T09:19:58Z Nearly every state has some kind of hand-held cellphone or texting ban for drivers. However, it’s not unusual to look around and see drivers using their devices with their eyes off the road and a hand off the steering wheel. These drivers increase the risk of a crash from two to six times, based on multiple studies. Indiana enacted a new law in 2020 after an earlier law was ruled unenforceable by an appeals court. That’s because it addressed only the act of texting while driving. That means police had to show that someone was holding their phone to text rather than talk to cite them under the law.

The law doesn’t cover hands-free technology use 

The current law prohibits holding or using a phone or other electronic device while driving for any purpose (other than calling 911 in an emergency). Any communication must be done “in conjunction with hands free or voice operated technology.” Of course, even using hands-free technology in the vehicle to talk on the phone, send a text or email, program their GPS or select music or a podcast can still take a driver’s attention off the road. While it’s safer for drivers to take care of those things before they get on the road (or at least pull over somewhere safe), many people believe they can safely drive and handle these things simultaneously and pride themselves on their ability to multitask.

Why proving hand-held device use isn’t easy

While it might seem obvious that a driver who was using a hand-held device at the time of a crash was responsible for it, proving it can be a challenge. Under the law, police cannot confiscate a device or “extract or otherwise download information” from it without the driver’s consent or a valid search warrant to determine whether they were using it at the time of the crash. If the driver did something reckless or negligent to cause the crash, however, they can still be held liable even if it can’t be proven that they were on their phone at the time. Those injured in crashes caused by distracted drivers should never assume that proving fault is easy. It’s best to get experienced legal guidance to seek compensation from the liable driver for medical costs and other expenses and damages.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[3 reasons filing a police report is necessary after a wreck]]> https://www.shartzerlaw.com/?p=50553 2026-02-07T21:38:52Z 2026-02-07T21:38:52Z 1. Reporting is typically mandatory State statutes require that drivers stop after a crash to provide assistance for one another and to report the matter to local authorities. If the crash resulted in injuries or property damage losses totaling $1,000 or more, then a report is technically a legal requirement.

2. An investigation might be necessary

Sometimes, the circumstances of a crash make it difficult to establish who was at fault. In those cases, drivers may need a police officer to review the situation and determine who was negligent or violated traffic statutes. Reporting a collision results in an official investigation, which can be important for establishing fault and liability.

3. Official records are key for compensation

People hoping to file insurance claims or civil lawsuits after car crashes typically need proof that the crash occurred and that the other driver was at fault. A police report may play a key role in establishing fault and validating that the crash occurred. Taking the right steps after a motor vehicle collision can help drivers pursue the financial compensation they need to address their losses. Drivers who file police reports can protect themselves legally and financially to greater effect than those who don’t.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[What if brain injury symptoms are getting worse?]]> https://www.shartzerlaw.com/?p=50551 2026-01-27T18:39:42Z 2026-01-27T18:39:42Z If you are involved in an accident, such as a car accident or a slip and fall accident, you could suffer a traumatic brain injury. Even a concussion is an example of a TBI. Generally, your symptoms should get better over the next 24 hours, and many concussion symptoms will resolve themselves in a week or two. But what if the symptoms are just getting worse? Could this indicate that you have a more severe injury?

An intracranial hemorrhage

In some cases, the progression of your symptoms could mean that there is an issue like an intracranial hemorrhage, which is bleeding in or around the brain tissue. If this bleeding is not treated properly, pressure can build up against your brain. It is in a confined space, so the accumulation of blood between the skull and the brain can be highly problematic. An intracranial hemorrhage is a type of stroke that could be suffered after a traumatic event. Exactly what symptoms you have are going to be unique to your situation, but some potential examples include:
  • Severe headaches and migraines
  • Mental confusion
  • Dizziness
  • Nausea and vomiting
  • Slurred speech
  • Vision loss
  • Sensitivity to light and sound
  • Trouble swallowing
  • Fatigue and lack of energy
  • Coordination issues
  • Trouble breathing
  • Changes to your heart rate
  • Onset of seizures
If you see these symptoms, especially if they are getting worse with time, then it is important to talk to medical professionals. Your injury could be more severe than you realize. This type of injury can also lead to high medical bills, lost wages and other such damages, so you need to know what legal steps to take to seek appropriate compensation.]]> On Behalf of Shartzer Law Firm, LLC <![CDATA[How does the law determine a catastrophic injury?]]> https://www.shartzerlaw.com/?p=50549 2026-01-26T08:36:00Z 2026-01-26T08:36:00Z What qualifies as a catastrophic injury Indiana defines a catastrophic injury as one that causes such severe bodily harm that your ability to live independently is substantially limited for at least one year. This includes conditions such as blindness, deafness, paralysis or intellectual disability. The American Medical Association (AMA) guidelines often serve as a reference point during settlement negotiations and trials. Insurance adjusters and defense lawyers use them to estimate the worth of an injury. Even so, jurors do not have to follow those figures. They may also consider the real effect the harm has on your daily life and independence.

What types of injuries typically qualify

Injuries that often meet the threshold include: These injuries can permanently change your life. When you lose independence, the cost goes beyond medical bills and includes a reduced quality of life and long-term adjustments.

Why this classification carries significant weight

The compensation you will receive tends to depend on what type of injury you have. Standard personal injury settlements might range from $20,000 to $50,000. Catastrophic injury claims could exceed $1 million, reflecting the long-term medical care, permanent limitations and ongoing support someone might need. Because of what is at stake, insurance companies approach catastrophic claims more carefully. They examine the facts more closely, review medical records in detail and challenge claims more strongly than in routine cases. As a result, these claims could take longer and face more resistance. Legal counsel will likely need to work with multiple experts, including medical specialists, life care planners and economists. These professionals help establish the full scope of your damages and future needs.]]>