When you've been in a car accident, you have a lot on your mind. Aside from any emotional turmoil and stress, you have to deal with your injuries, damage to your vehicle, handling your claim, and other issues. Personal Injuries can result from other situations too - defective products, medical malpractice, construction accidents, etc. - each scenario can potentially result in injury. If you've faced any of these situations, you need to find a good personal injury attorney right away.

If you're in the Indianapolis area, don't just get a good lawyer. Get the best! Contact Riley Williams & Piatt, LLC for the best personal injury defense in the Mid-West!

Thousands of folks in Indianapolis live with medical devices implanted in their bodies - heart defibrillators, artificial joints, and surgical mesh. If you're one of them, you hope that such devices are tested for safety and effectiveness. But what if they're not? And what if the device actually causes bodily harm?

You need to call a product liability attorney, and Riley Williams & Piatt are the most experienced in Indianapolis. We have seen too many implants and other high-risk devices brought to market, without proper testing. All too often, the manufacturers file fraudulent paperwork and pay the Food and Drug Administration a user fee of roughly $4,000 to sell the product faster. You'd think the FDA, the federal government's premier watchdog for health and safety, would have your back. But they're a human system, and humans are flawed, and can be swayed by greed.

“Defamation” is a term which covers the ways a false statement made about someone can damage their reputation. These types of cases can also be referred to as “defamation of character” or “disparagement”. In Indianapolis & Indiana, defamation usually comes in the form or Libel or Slander. The difference is simple: A defamatory remark is considered Libel if it is in written form, and is considered slander if it was spoken. Trade Libel means any form of defamation that has direct impact on one’s business or occupation. Indiana defamation lawyers can help you make this distinction if you are unsure, as in some scenarios the distinction could become less clear (like with internet defamation, for example).

In Indiana defamation per se also comes into play. Defamation per se refers to any publication or statement that is inherently defamatory – so the victim does not need to prove material damage, because the damage can be easily presumed. For example, statements related to a plaintiff’s sexual conduct, insisting the plaintiff has a contagious disease, has committed a criminal act, or engaged in professional misconduct are all defamatory by themselves, and harm to one’s reputation is inherent in the statement. Conversely, defamation cases in Indiana can also be considered per quod, which is essentially the opposite of per se. Defamation per quod requires a defendant to prove the material harm incurred as a result of given statements, as the harm is not considered obvious.

Accidents and serious injuries have the ability to change one’s life in an instant. Whether the result of an automobile accident, a workplace accident, or a defective product, if someone has suffered severe injuries they will likely be faced with mounting medical bills and other related expenses. One might be facing brain injuries which limit their mental capabilities or physical injuries which hinder their ability to work. Indianapolis has laws and regulations which serve to protect the injured and provide a just resolution for their situation. When someone else’s negligence has caused catastrophic injury or loss of quality of life, that person deserves to be compensated. Recovering the amount of damages which is deserved and necessary can be tricky to those unfamiliar with all the laws and regulations which govern personal injury cases. These laws also vary among states, and can be very complex when dealing with catastrophic injuries or when trying to argue fault. It is strongly recommended to contact an Indianapolis personal injury attorney who understands everything involved with litigating personal injury cases and can anticipate the other party’s arguments. If you have been injured and believe yourself to be less than 50% at fault, the attorneys at Riley Williams & Piatt can help.

Many people who suffer personal injury in Indianapolis and across the country don’t think it’s necessary to contact an attorney, or they worry they won’t be able to afford it. Riley Williams & Piatt take certain cases on contingency; this means that there is no cost to you unless they are able to recover damages for your case. They also offer free initial consultations for those who have suffered personal injury, so this way you can have an experienced Indianapolis personal injury attorney review your case and give you advice at absolutely no cost to you. Riley Williams & Piatt have handled high-profile cases against large corporations like IHOP & State Farm Insurance, and are currently investigating Volkswagen’s “Dieselgate” scandal.

Injuries that occur at the workplace are unavoidable and unfortunately all too common. Typically work-related injuries are resolved through Workers’ Compensation Insurance, but in many cases this compensation just isn’t enough. If the injury is severe enough or you are permanently injured, it’s likely in your best interest to contact a work injury lawyer in Indianapolis, IN. A skilled attorney will assess your situation and ensure that you receive the maximum amount of award your situation entitles you to.

Can my work-related injury be handled through Workers’ Comp or do I need a lawyer?

Personal Injury can refer to numerous situations, and may be the result of either an intentional action or an accident. If someone is injured in some way through no fault (or limited fault) of their own, it is likely they qualify to receive compensatory damages. Damages refers to the actual money that a plaintiff is seeking to recover from a defendant, and is intended to bring the injured party back to where they were before the incident which caused the injury occurred. In the case of catastrophic injuries, this often is impossible to accomplish. These plaintiffs might also often sue for punitive damages, which are intended to punish the defendant for their wrongdoing. Whether the nature of one’s injury is considered catastrophic or not, it’s important to consult with an Indianapolis personal injury lawyer who will know what type of damages you are likely to qualify for.

In Indianapolis many different situations arise which result in another party being injured, and often times the defending party is a business. This is the case with product liability cases, which fall under personal injury. When a company distributes a product and that product causes injury, it is often due to defective manufacturing or insufficient testing on the part of the company. For example, there are often reports of e coli outbreaks which generally are more far-reaching, as the source of this kind of problem typically comes from the food distributor. The distributor must then consider all the places their product is being used – whether in restaurants, grocery stores, processed foods, etc. When a person ingests this tainted food and suffers an injury as a result, they have suffered injury and should consult with a personal injury lawyer. This is also the case with pharmaceuticals and prescription medication, as medications are intended to help, but when manufactured incorrectly or without enough safety measures in place can cause serious injury or even death. Indianapolis has specific laws for cases related to prescription medications and the amount of damages one is eligible for. Personal injury lawyers who practice in Indianapolis and Indiana are familiar with these laws and can help you navigate the most beneficial course of action for you.

By legal definition, Defamation is emotional or financial harm caused by a false statement or communications made to other individuals about another person. Harm may come emotionally or financially and can impact an individual or business’ reputation and character. Statements accusing or questioning a professional status can be considered damaging and is recoverable even without definitive proof of damages. However, winning a defamation case involves careful attention to details and a quick and timely response. Riley Williams & Piatt possesses the expertise to represent your interests in these matters properly.

Defamation can occur through defamatory statements made either orally or in print in a newspaper, magazine or other printed source. Internet defamation transpires when a statement considered defamation is made when posted online. Within the State of Indiana, the State Constitution protects your reputation against all types of defamation.

As consumers, we place trust in the prescription medicine and products that we purchase to fulfill the intended use for us and to be safe. Unfortunately, this is often not the situation and negative outcomes can occur from using even commonly-used daily products. The law office of Riley Williams & Piatt has extensive knowledge and experience with product liability cases and can help you pursue a claim for an injury.

Personal injury cases can be hard to defend and require extensive time and research in order to provide a solid, sound case to present before the court. Product liability requires great care and expense, many law firms are ill-suited to prepare and defend these types of cases. Compensation for the harm suffered by a product is the right of the consumer and Riley Williams & Piatt are well-suited through their experience to finding the most positive outcome in these unfortunate situations.

What is Medical Malpractice?

Medical malpractice is a lawsuit claim resulting from a medical provider’s mistake. This mistake can come in the form of the misdiagnosis of an illness, an incorrect treatment of a patient, or a mistake in a surgical procedure. Medical malpractice claims against health professionals in Indiana must be conducted within the laws enacted by the Indiana General Assembly. This malpractice system controls any malpractice claim above $15,000. Working within the system of law requires proper medical advising in order to properly submit cases within the channels of the law.

Takata Corp. suffered another blow as Ford Motor Co. announced that it will not be using air bag inflators in future vehicles. Takata inflators have sent shrapnel into drivers and passengers when they explode with too much force. Ford spokesperson Kelli Felker declined to say which current Ford vehicles contain the Takata inflators.

Today, the Court of Appeals issued a decision striking a blow against the trial tactics of the insurance industry. Here in Indiana, when someone is injured by the negligence of another that person is entitled to the "reasonable value" of the medical treatment she was forced to undergo. In Patchett v. Lee, Case No. 29A04-1501-CT-00001, State Farm argued that it should be allowed to provide the jury with the amounts Healthy Indiana Plan (a Medicaid program) paid on Plaintiff's behalf in an effort to establish the "reasonable value" of Plaintiff's medical treatment. Noting that HIP paid approximately 13% of what Plaintiff's doctors charged, the Court of Appeals held that evidence of the HIP payments were properly excluded by the trial court as not being probative of reasonable value. A copy of the opinion can be found here (click on the "Opinion" link in the upper right corner of the docket). Riley Williams & Piatt attorney, Joe Williams provided briefing and oral argument for the Indiana Trial Lawyers Association, which assisted the Court in reaching its decision. The Court of Appeals' opinion cited to both Joe's brief and his oral argument. His oral argument starts at 32:15 here. When asked about the Court's decision, Joe said, "In reading the Court's decision, I was impressed with how thoroughly the panel reviewed the issue before reaching such a just conclusion. This decision will assist many Hoosiers in obtaining the justice to which they are entitled after being hurt by the carelessness of another."

The FDA said certain lab-developed tests (LDTs) may be producing erroneous results. LDTs are produced and performed in a single hospital and do not utilize standard diagnostic equipment. LDTs can involve prenatal tests, ovarian cancer, whooping cough and human papillomavirus. William Riley, of Riley Williams & Piatt, LLC, stated, “It is important for the FDA to step in and regulate these tests under existing medical device law. Some laboratories are marketing this service on a national basis and these test results are too important to patients to leave in an unregulated Wild West environment.” For more information please visit: http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/InVitroDiagnostics/ucm407296.htm

Corporate America has a new shield: forced arbitration. Most every time you buy a cell phone, subscribe to a cable television service, or place a loved one in a nursing home, corporate America is requiring you to give up your rights. Buried in each of these contracts is often found a forced arbitration clause and a waiver of your right to protect yourself in a class action. But, why?

Class actions filed in courts are often times the only thing that can hold a corporation responsible for its misconduct. When a cellular service provider sneaks an illegal $50.00 charge onto every customer's bill, it reaps enormous gain. But no one person has the time or resources to challenge an illegal practice for $50.00. Only when a customer can challenge the practice on behalf of all customers can someone afford to challenge the nearly endless resources of a large corporation.

Medical Malpractice refers to an event or circumstance in which a healthcare professional’s actions or lack of, result in injury or harm to the patient. Essentially, when the care provided to the patient is substandard and it results in negative consequences for the patient, malpractice has been committed. It is important to note that in order to establish (and prove) a medical professional committed malpractice it must be proven that

a) They made a mistake

Workplace injuries are inevitable and while preventable, occur frequently, especially in industries where the workforce performs manual labor. Industries or jobs requiring employees to operate heavy machinery or equipment pose a greater risk to employee safety. Equipment failure, negligence and faulty infrastructure are some of the common factors causing on injuries on the job.

While this is so, a workplace injury can occur anywhere and once liability is determined, the employee is entitled to compensation for their injuries as well as coverage for lost wages in the event they are unable to perform their job duties or in some cases, continue their career.

Anyone who has suffered a personal injury has many things to consider both immediately after the incident and in the weeks that follow. Immediately following an accident, it’s very important to seek medical care for your injuries. If you wait any amount of time, be it an hour, a day, or a week, courts will likely take your waiting as indication that your injuries may not be all that serious (and, therefore, not all that deserving of compensation). In addition, defense can then argue that your injury actually occurred during this waiting period. Even if you are unsure of the severity of your injury, receiving a proper medical assessment can prove to be invaluable evidence during trial. This applies to most types of personal injury cases, including negligence, motor vehicle accidents, defamation, medical injury, product liability, or wrongful death. Whether you were injured by a defective product or suffered a work-related injury, you must follow all the advice and treatment recommendations from your medical doctor for your best chance of recovering any damages. This includes follow-up visits, therapy, medications, or whatever medical discourse is suggested by your medical professional. The bottom line is this: If you hope to recover damages from a personal injury lawsuit, you must go to a medical doctor and follow every piece of their advice.

In addition, Indiana has strict guidelines on the time limit to file any personal injury claims. This makes it even more important to consult with an experienced attorney as soon as possible to discuss the legal validity of your case. For most types of personal injury cases, that timeline is 2 years (this can vary depending on the situation). Indiana operates on a modified comparative negligence, which means that someone may only recover damages if they are less than 50% at fault for the accident/incidence, and that damages are rewarded based on percentage fault. So if you are suing for $100,000 in damages and the court finds that you were 20% at fault and the defending party was 80% at fault, the defendant would end up paying out $80,000 (80% of $100,000).

The U.S. Food and Drug Administration today declared Theranos Inc.’s tiny vials (called nanotainers) used for collecting finger pricked blood from patients an “uncleared medical device.” The FDA investigation which began on August 25 found a number of problems with the quality assurance process utilized by Theranos. Evidently, according to reports, Theranos did not meet with suppliers to determine if their products met the Theranos own specifications.

It appears that decision makers in the National Highway Traffic Safety Administration (NHTSA) may be on the verge of requiring expedited recalls for car makers and suppliers impacted by the rupture prone Takata air bag. As a spokesperson for NHTSA stated, “We will use every tool available to protect public safety.” The Takata airbags have been linked to eight deaths and more than 100 injuries. William Riley, of Riley Williams & Piatt, LLC stated, “The needless personal injuries and deaths that have occurred because of the actions of Takata are an example of what happens when a company ceases to care about people. Corporations are composed of people and as we have recently seen with Volkswagen, some of these corporations have created cultures of deceit in their employees and officers.”

For more information please visit: http://www.safercar.gov/rs/takata/takatalist.html

The National Cancer Institute has placed women in the age group of 55-64 at the highest risk of contracting breast cancer. The percentage of new breast cancer cases by age for the years 2008-2012 was 25.6% The next highest age groups were 65-74 at 21.9% and 45-54 at 21.6% . Annual screenings can cut the risk of death by 15% to 40%. Due to widespread mammography, the vast majority of the roughly 230,000 annual new cases of breast cancer are detected early. William Riley, of Riley Williams &Piatt, LLC, who has practiced in the area of medical malpractice and personal injury for over 25 years stated that, “early diagnosis leads to a survival chance that can exceed 90% in cases of breast cancer.” Riley went on to say, “The most tragic situations that I have seen in cases is when a doctor fails to listen to the patient’s complaint of a breast mass. A woman in that situation should seek a second opinion from another physician.” For more information: http://www.cancer.gov/types/breast/risk-fact-sheet

The Journal of the American Medical Association (JAMA) today published revised breast cancer screening criteria of the American Cancer Society. The updated guidelines recommend annual breast cancer screenings at age 45 instead of 40 and switching to every other year at age 55. The article makes it clear this is not a blanket recommendation. Medical malpractice attorneys at Riley Williams & Piatt, LLC stated, “The recommendation are for women at an average risk for breast cancer. Undoubtedly doctors will continue to order more intensive screening for individuals at a higher risk.” The Riley Williams & Piatt, LLC attorneys went on the say, “Our experience in medical malpractice cases and personal injury cases indicate a continued validity to breast self-examinations.”