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Have you fallen and injured yourself on someone else’s premises?

Department stores, gas stations, grocery stores and other retailers oftentimes have extensive procedures in place to ensure that the floors and ground that their customers walk on is free from hazards or obstructions that could cause you to fall.

But sometimes, those procedures which were created to make ground and floor safe for customers break down. Water is left on the floor, concrete that needs repair goes on unrepaired, boxes and/or other obstructions are left in aisles. This negligence and carelessness can lead to injuries, sometimes severe in nature.

As an example, in one case that we worked on, our client fell because of large puddle of water that had been left in department store. Through serving subpoenas, we learned that the department store had actually employed its floor cleaning service during daytime, store operating hours when usually the cleaning service only clean the floor at night when the store was closed. Further investigation revealed the machine that the floor cleaning service used to clean the store was broken and that it left puddles of water on the floor. So, not only was the store not cleaning its floors at appropriate times, the company that the store used to clean it’s floors was using defective machinery?

Of course, none of this information would have been discovered if our client had not come to us. Why? Because the store in the case above insisted that our client, when she presented the claim on her own, that she should have seen the puddle of water in the aisle and that the store was not responsible.

If you have been injured in a slip or trip and fall, and you are being given the runaround by the responsible premises owner, please give our office a call at (317) 916-0000. We have extensive experience in holding premises owners responsible for their negligence in failing to maintain walking surfaces free of hazards and other obstructions.

We look forward to your call!

Improper Disclosure of Health Information

If you have heard of HIPAA, you might be familiar with the federal law requirement that personal health information be protected from public disclosure.

And too, you may be familiar with stories in the news about people’s private health information being revealed without their permission.

How does personal, private health information get disclosed without the permission of the patient? Typically, it happens because there has been some sort of breach of a hospital’s privacy and security system.

While HIPAA itself does not provide a private cause of action for a medical provider’s breach of a patient’s right to have their medical records confidentially preserved, many state laws provide an avenue for patients harmed by a breach to recover damages.

Is privacy cases, it is oftentimes essential to tie the security breach to a systemic failure on the part of the medical provider to maintain a patient’s security. A “rogue employee” who improperly releases a patient’s private health information will oftentimes allow the employer of the “rogue employee” to escape liability unless the employer can be shown to have inadequate systems in place to prevent a breach of patient security.

In many of these cases, the private sexual history of a patient is disclosed, causing the patient to suffer embarrassment, humiliation, and ridicule.

At Rob King and Associates, Trial Lawyers, we have experience in representing people whose private health information has been wrongfully disclosed. We have successfully fought for these patients and already to bring our experience to bear for you! If you have had your private health information and properly disclosed, call me, Rob King, at (317) 916-0000 today to discuss your case!

Do you have a case against Damar?

Damar is an organization that provides services and assistance to those with special needs.

Seemingly all too often though, those who are charged with the responsibility of tending to the needs of special needs persons abuse the trust placed in them.

Sexual misconduct, where the person in the position of trust takes advantage of someone with special needs, is one situation that sometimes regrettably occurs.

Or, you might have a different situation where the special-needs caregiver fails to adequately supervise the special-needs person thereby resulting in injury to the special-needs person.

Sexual misconduct attorney Rob King, has experience litigating and prosecuting claims against Damar and organizations like it who abuse their position of trust and, in the process, hurt special needs individuals.

We’re able to represent clients in Indianapolis, Speedway, Fishers, Noblesville, Carmel, Avon, Brownsberg, and all over Indiana.

Whether it be a case involving sexual misconduct, failure to supervise, or something slightly different, my office stands ready to help.

If a loved one has been injured as a result of the negligence of a Damar employee, or the employee of some other organization that provides assistance to those with special needs, call my office today for a free consultation.

We take cases against Damar and similar organizations on a contingency fee basis which means that there is no fee paid unless there is a financial recovery. Call us today at (317) 916-0000.

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Disputed Liability Cases and Delayed Toxicology Reports

Recently, I posted a blog about cases that have been turned down by other lawyers. I encouraged those of you out there who had your personal injury cases declined by other lawyers to give me a call. You may still have a case.

I want to tell another quick true story where someone thought they did not have a case but I actually ended up having quite a good one.

The case involved a young girl, a pedestrian, who had been struck crossing the street by Pizza Hut delivery driver. The accident report did not reveal that the driver was a Pizza Hut delivery driver. And, unfortunately, the police report again put fault on the young girl for crossing the street when the Pizza Hut delivery driver had a green light.

I noticed, however, from the accident report that the police had done a toxicology test. Oftentimes, toxicology results in the state of Indiana go to the Indiana State police and take months to complete. Therefore, the lawyers that had reviewed the police report had not had the benefit of the toxicology results and, consequently, I had declined the case.

My office immediately filed a freedom of information act request with the Indiana State police and obtained the toxicology results. And, lo and behold, the driver had Marijuana in his system at the time of his collision with the girl and had actually been prosecuted unbeknownst to my client or any of the lawyers who had looked at her case!

I ended up taking her case and made a sizable six-figure recovery for her: All after several lawyers had declined her case because the police report said that she was at fault!

Thus, another lesson: leave no stone unturned! If your case is been declined by another lawyer, call my office today! There may be a toxicology report lurking out there that can make the difference!

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Dealing With Medical Bills While You Wait For A Personal Injury Settlement

One issue that oftentimes affects injured people is how to handle medical bills which come in and need payment before their personal injury case settles

One solution is to avail the injured person of something called medical payments coverage. Frequently, premises owners have medical payments coverage which available to pay medical bills of a person injured on the subject property. Thankfully too, medical payments coverage is available regardless of who is at fault for an injury. Thus, even if a premises owner, like a supermarket, denies being responsible for an injury, that supermarket may still have insurance coverage available to pay medical expenses. In addition, that coverage is available in the short term.

Many auto policies also contain medical payments coverage which is available to a injured claimant regardless of fault for an accident.

In the absence of medical payments coverage, my office will write “letters of protection” on behalf of our clients which advise bothersome medical bill collectors that they will be paid when the client’s case resolves. When we write letters of protection on behalf of our injured clients, we tell the medical bill collector that the “protection” is conditional upon the cessation of harassing and demeaning medical debt collection phone calls.

If you are an injured person and are tired of medical bill collectors constantly harassing you asking you for money, call our office today at (317) 916-0000! We can provide guidance and help in the short term and long term to help you deal with this frustrating problem!