In the companion blog, “Personal Injury: How Can I Succeed in a Personal Injury case?” we’ve already discussed the elements that a plaintiff, whether pre-suit or after filing a lawsuit, will have to establish in order to be successful in a personal injury claim under Indiana law. In that blog post, specifically, we discussed the legal elements that need to be shown: a duty, a breach of that duty, a causal relationship between the breach and the damages suffered, and damages. However, from a practical standpoint, one may wonder what happens, or what the process is, when they wish to ...
April 11, 2019CD
If you drive a car, truck, motorcycle or other vehicle on the roadways, chances are that even the safest driver will find themselves involved in a fender bender once or twice. Accidents can range from minor scratches and dings on your vehicle, to fatalities. Hopefully you never find yourself in this situation, but if you do, here are some key Do’s and Don’ts . DO take pictures at the scene. Most of us have cell phones with cameras, and these can be useful tools later should you find yourself in court or fighting an insurance company to pay out. DON’T admit fault. ...
December 2, 2014CD
Determining appropriate child support is often a key component in many divorce and family law cases. Once it is determined how the parties will share custody of the child(ren), it becomes necessary to look at how the child(ren) will be supported. In Indiana, the Indiana Child Support Rules and Guidelines (herein, Guidelines) provide the framework for determining child support1. Child support calculations are made by utilizing a formula, and there is a worksheet that allows parents to input numbers to be calculated by the child support formula2. However, what numbers are used and why? The first number needed is the gross weekly ...
October 15, 2013CD
On the whole, most litigants, attorneys and judges would agree that divorce is not a good thing or a pleasant process. Yet, it is a reality for one in every two marriages. However, there are a number of legal concepts, such as no-fault divorce to binding arbitration, which globally seek to minimize the emotional and financial impact, as well as speed up what is usually a lengthy process. Sometimes this is not enough to address the facts (typically financial) of a given case. In the last blog post, addressing legal separations for older adults, Ciyou & Dixon, P.C. began looking at new ...
December 29, 2011CD
With every U.S. Census, we gain a snapshot into how the confluence of past events shapes our current Society. So to with the 2010 Census, which reveals marriage, is at a record low; and those who are marrying, are doing so, and correspondingly, starting families, later in life. This is not necessarily a surprising development because America was founded (indeed populated) on the principal of rugged individualism; those who did not share this view probably stayed in Europe or perished. Every movement (abolition of slavery, women’s right to vote) since that time has been toward a more free and open society, ...
December 27, 2011CD
A big part of what lawyers do is help client’s minimize or eliminate civil liability. Aside from formal legal training, lawyers see where even the most careful clients unnecessarily incur liability and often run afoul of, or become entangled in, the legal system. What can we learn from this and pass on? A lot. Generally, there are seven (7) legal liabilities and commonalities lawyers see with some frequency, or which will occur to a legal certainty, that could be reduced, or even eliminated, with a little advance thought and planning. The well-lived life is one free of the following avoidable legal entanglements : Uninsured ...
June 14, 2011CD
From Wall Street to Main Street, the engine that drives America is small business. Every day, new small businesses are started. Most rightly fail, because they do not have unique services and products delivered in more efficient ways. At Ciyou & Dixon, P.C., our Indiana business attorneys find that a significant number of the visionaries who do succeed, do so by dogged determination and rapidly adapting to the problems growth presents. Nevertheless, because legal needs are often hard to identify and the “what if” may not occur, they neglect their legal needs. Ultimately, when the day of reckoning comes, it is ...
May 19, 2011CD
A divorce decree is not the end of the process, even if there are no children involved. There are a number of dangling details. You should take these items, join them with your own list and determine who is doing what (you, your attorney, your ex, or your ex’s attorney). If these items are not addressed, they can cause great problems down the road, both in terms of grief and finances. The items that often fall through the cracks are as follows: COBRA coverage (health insurance). Change account passwords/re-key your home or auto. Preparation and acceptance of a Qualified Domestic Relations Order (QDRO), which ...
April 4, 2011CD