Timothy R. Hayes, Attorney At LawFindLaw IM Template2024-02-22T11:02:47Zhttps://www.timhayeslaw.com/feed/atom/WordPressOn Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2540072024-02-11T16:12:28Z2024-02-11T16:12:28ZIndiana does hold pet owners responsible
In general, dog bite laws in Indiana do create liability for an animal's owner when a dog becomes aggressive toward humans. Provided that someone did not intentionally provoke the dog, the animal's owner might be liable when it suddenly injures a person, even if the animal has never hurt anyone before.
Especially if the interaction takes place in a location where the owner knows they have an obligation to restrain their animal, such as a public park, the liability for the incident typically falls to the owner of the animal. However, in certain scenarios, the owner might not be to blame. If they can show that someone intentionally provoked the animal or broke the law prior to the incident, then they may not be liable.
Even though the dog's owner might be responsible for the incident, they may not have to cover the expenses directly themselves. Both homeowner's and renter's insurance policies frequently help pay for dog bite injuries. Of course, there are scenarios in which insurance companies may not pay. If the company canceled someone's policy or refused to cover a dog after a prior incident, someone might claim they don't have a dog when they do to keep their rates low. Owners might also lie about the breed of animals they own, which could raise questions about insurance coverage.
In many cases, filing a personal injury lawsuit is necessary if someone hopes to recoup the expenses generated when a dog becomes aggressive toward humans. Learning more about Indiana's personal injury and pet owner laws, and seeking legal guidance accordingly, may benefit someone injured in an incident involving a pet dog.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2540062023-11-10T01:42:54Z2023-11-10T01:42:54ZYes, there are strategies to transfer property without probate
Depending on whether someone owns a property on their own or jointly with another person, there are a variety of ways to potentially bypass probate courts when arranging for the transfer of real estate after someone's death. Some people have deeds executed and stored to arrange for a transfer after death, but such arrangements are vulnerable both to issues involving lost paperwork and sizable tax burdens.
In situations where two spouses own a home jointly or where a parent wants their child who has lived with them as a caregiver to inherit the house, executing a deed can achieve this goal. Those who hold title as joint tenants with rights of survivorship will have their ownership interest pass directly to their co-tenants after they die. The probate courts will not have anything to do with that transfer.
Other times, people may choose to transfer ownership of their real property to a living trust. Living trusts can hold someone's major assets and allow for an ownership transfer in specific circumstances. A trust can even allow one person, like a new spouse, to continue living in the house until they die or remarry. Then, the ownership interest in the property could transfer to the children or other beneficiaries selected by the testator.
There is no one specific solution that is ideal in every estate planning scenario. Reviewing one's assets and legacy goals thoroughly with the assistance of an attorney can lead to the best strategy for keeping an individual’s most valuable property out of probate court in Indiana.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2540052023-08-07T15:54:38Z2023-08-07T15:54:38ZMany disputes settle before court
When one party doesn't complete a project or deliver supplies to the other, the organization impacted by the breach will need to communicate the issue to the other party and provide documentation of the breach. Occasionally, reaching out to communicate about the potential breach of contract will be enough to push the non-compliant party into resolving the matter. Other times, direct communication and even formal notice of the contract breach may go ignored or might even damage the working relationship between the parties. At that point, the party affected by the breach may very well choose to initiate a lawsuit.
Pursuing a breach of contract lawsuit in civil court opens up an opportunity for the affected party to receive damages from the party that breached the contract. A judge might also order specific performance to compel one party to complete their contractual obligations or dissolve the agreement so that neither party has obligations to the other in the future.
Given the uncertainty of going to court, businesses and professionals facing a lawsuit related to a business contract are often eager to settle outside of court. In many cases, the decision to file a lawsuit helps establish how serious one party is about upholding the contract and may provide motivation for the other party to cooperate. In some cases, major contract breaches will proceed to court, particularly if there is no room for compromise in the matter.
Pursuing civil litigation is not always necessary but is usually among the most effective means for resolving a significant contract breach. With that said, every situation is unique and seeking personalized legal guidance before committing to a specific litigation strategy is usually advisable.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2540042023-05-09T12:47:52Z2023-05-09T12:47:52ZWhat uninsured motorist protection provides
Standard liability coverage makes the people affected by a crash dependent on the person who caused the wreck. If they are irresponsible enough to violate numerous traffic laws, they might also ignore the rule requiring them to carry liability insurance. When someone without insurance causes a crash, the people affected may not have the coverage they need to repair their vehicles or pay their hospital bills after the collision. An uninsured motorist makes everyone else absorb the risks generated by their unsafe practices.
Those who add uninsured motorist coverage to their policies have protection against those Indiana drivers who don't care about how much risk they cause for others. Uninsured and underinsured motorist protection should be an option for anyone buying or renewing a policy. These extra forms of coverage can allow those affected by a crash to connect with more thorough compensation for their losses without automatically needing to go to court.
Personal injury lawsuits may also be necessary
If there is any downside to making a claim against uninsured motorist protection after a wreck, it would be that a sizable claim would very likely increase how much someone pays for insurance when their policy renewal occurs.
Those who pursue a personal injury lawsuit after a crash caused by an uninsured motorist can help to preserve their own lower insurance premiums while holding the right person accountable for the injuries they’ve suffered. Having proper coverage before a crash occurs can be as important as knowing what steps to take after a wreck occurs in Indiana.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2540032023-02-15T22:10:58Z2023-02-15T22:10:58ZAs soon as you become an adult
When you first become an adult, you may still be in high school, and it will likely be years before you establish your own household and really begin developing your career. Few young adults think that they need an estate plan at this age. But, you are technically vulnerable once you turn 18.
Your parents no longer have automatic authority to handle your medical care in an emergency, so you won't have immediate appropriate support unless you create powers of attorney and/or advance medical directives in the event of an incapacitating illness or injury. Even if you don't have any major assets to your name that would necessitate testamentary documents yet, ensuring that you have protection in the event of an emergency is important.
Once you acquire property or expand your family to include a spouse or children, you will need to protect them – and your own interests – with a will, trust and other documents. You may also need to update your advance directive, as having a family may change your medical preferences.
Throughout your life, you will likely need to update your estate plan when your personal circumstances change. Anytime you alter your family or change your financial circumstances, you may require some changes to your estate plan as well. Putting estate planning documents in place at a young age and then occasionally updating them will give you the most protection possible regardless of what happens down the road.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2539962022-11-09T23:38:03Z2022-11-07T20:32:26ZAppraisal gaps demand careful consideration
When the appraiser decides that the sale price is higher than the fair market value for the property, the transaction has an appraisal gap. All of the parties involved in a real estate transaction with an appraisal gap issue have to think carefully about the situation.
For example, sellers may have to ask themselves whether they want to relist the property and run the risk of the same thing happening again unless they can find a cash buyer. They may recognize that some compromise regarding the price will be the easiest solution. Other times, they may want to wait and try to get more.
For the buyer, the issue may be whether they want to pursue the purchase at all if the home is not worth what they originally thought. If they want to follow through with the purchase, they will need to negotiate with the seller, raise funds to cover the gap or possibly get a different appraisal. Some buyers go through a new lender to secure a fresh appraisal.
Each of these approaches has both benefits and drawbacks for those involved in a real estate transaction. Identifying possible concerns about residential real estate sales can help sellers and buyers get to the closing table more quickly.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2539942022-11-09T23:38:14Z2022-08-10T18:38:27Zconsumer bankruptcy, Chapter 7 and 13. With either means test, your income will be compared to the median for the state. You’ll be asked about the average monthly income you received during the last six months. Some of the details you’ll need include:
Information about your tips, bonuses, salary, wages and other income.
Alimony deposits or payments.
Pension benefits.
Unemployment benefits
Self-employment income.
Investment income, royalties and interest.
After you figure out the monthly income you expect, you need to multiple it by 12 to get your annual income. Comparing this number to the median income will tell you if you are at, below or above it.
If you are at or below the median income, then you may want to pursue a Chapter 7 bankruptcy, which will help get unsecured debts discharged. If you are above it, the other option is Chapter 13 bankruptcy. There are income caps on Chapter 13 bankruptcy, but most people who don’t qualify for Chapter 7 bankruptcy will be able to use Chapter 13 instead.
You’ll also need to calculate your eligible expenses and determine if you could pay off at least 25% of the unsecured portion within the next five years. If not, then you’ll pass the second part of the means test.
Bankruptcy can be a solution for some people with debt
Bankruptcy isn’t the perfect solution for everyone who is in debt, but it can be used by many people to get the help they need. It is a good option for those who have a low income or for those who can repay what they owe if the debts are rearranged in some way. There are different options to try, which is why it’s a good idea to look into bankruptcy when financial trouble doesn’t seem to have an end.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2539422022-11-09T23:41:41Z2022-05-03T18:05:20ZIndiana has fault-based car insurance
Your insurance coverage protects you primarily from liability. If you are the one responsible for causing a wreck, your coverage will pay the expenses that other people involved in the wreck have. Your bodily injury liability coverage will pay for medical care and also lost income.
The state requires at least $25,000 of coverage if one person gets hurt and $50,000 of coverage when two or more people get hurt. You also have to carry $25,000 worth of property damage liability coverage. You can expect that your policy will help if you are at fault for a crash.
The mandatory coverage required in Indiana will also protect you when the other driver is at fault. Indiana requires uninsured and underinsured motorist protection, usually in the same amount as the liability coverage that someone carries. You can make a claim against your own uninsured and underinsured motorist protection if the other driver doesn't have insurance or if your total costs for the crash are higher than the coverage that they carry.
Sometimes, even two policies aren't enough
Unfortunately, even a combination of two kinds of coverage from your policy and the other driver's policy may be far less than what you need after a wreck. Especially if your vehicle is a total loss or if you or one of your passengers gets seriously injured in a crash, the total costs could be six or seven figures, rather than just the $50,000 in bodily injury coverage available between two minimum policies.
State law does permit civil lawsuits brought by those hurt in major motor vehicle collisions. Understanding how Indiana state law and your insurance protect you will make it easier for you to cover costs after a car crash.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=2539412022-11-09T23:39:13Z2022-02-09T17:33:34ZChapter 7 or 13 bankruptcy could help you get it discharged.
That being said, many people would avoid serious debt if they know what a medical procedure would cost.
The cost of a medical procedure will now need to be discussed ahead of time
At the start of the New Year (2022), laws changed in Indiana. One act that you need to get to know is the “No Surprises Act,” which now requires hospitals to tell patients how much a procedure is going to cost at least five days before it occurs. This requirement only asks that the hospital provides an estimate, but that estimate should be fairly accurate so a patient has the opportunity to look for lower-cost options or to make arrangements to cover the costs.
The goal of this act is to make it clear that patients should have the right to approve or opt out of procedures. They may also be able to shop for a lower price at a different hospital, since not all medical facilities charge the same amount for similar procedures.
Being upfront about costs could help minimize the risk of bankruptcy
When people know how much medical care will cost, they can start taking steps to prepare for it. For example, if someone knows that their medical care will cost $5,000 out of pocket, they may be able to postpone a procedure while saving the money or get the procedure with their budget in mind. This also helps them plan to repay debts when they’re made, so they don’t have as high of a risk of being caught off-guard with a large bill.
For now, if you have a significant medical debt that you feel overwhelmed by, remember that bankruptcy can still help. It may offer you the relief that you’re looking for.]]>On Behalf of Timothy R. Hayes, Attorney At Lawhttps://www.timhayeslaw.com/?p=468642022-11-09T23:38:34Z2021-11-05T18:54:27ZInadequate or vague partnership agreements
Most of the technical and legal aspects of your relationship stem from the terms the two of you set in your partnership agreement. Good partnership agreements address everything from investment and work schedules to compensation and when the business might close or go up for sale.
Partners can also address how to handle disputes between the two of them or the criteria for one partner to buy the other out. When you have not established these terms in writing, each of you may have unspoken expectations that the other fails to meet.
Misconduct by one partner
Sometimes, partners who were very proactive about establishing their responsibilities to one another and roles in the company still get into major disputes over the actions of one partner.
If one partner engages in unethical business practices, like negotiating a price-fixing agreement with another business, that puts the entire business at risk and may strain their relationship with their partner. In a situation where the conduct affects the business, such as embezzlement, that can also lead to a sense of betrayal.
Disagreements about what to do when the business thrives or struggles
A business going from barely in the black to turning down projects because there's too much demand can be as difficult for owners to operate as a business that is in the red.
Partners can start to blame one another or take out their frustrations on each other when a business they both invested in doesn't gain traction. They could also become angry at one another if they don't agree about the best way to handle success, whether one partner wants to sell or wants to open numerous other locations.
These kinds of disagreements can affect your relationship with one another and even the daily operations of the business. Addressing possible concerns in your partnership agreement and being proactive about addressing disputes when they first arise could help you preserve your relationship and protect your shared business.]]>