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Showing posts with the label Free Legal Consultation

Car Accident? Steps to Remember

Safety precautions include: Stop your vehicle and move it to a safe nearby location;  Check to see if anyone is injured;  Call 911 for medical assistance;  Do not leave the scene of the accident;  Make sure everyone involved moves to a safe location; and  If you think you are injured or think that the accident was violent enough, wait for the EMS to examine you. If possible, get the other party's information, including: Name;  Address (including email);  Phone number(s); and  Also, get the contact information of any witnesses. Get the following information about all vehicles involved: Year, make, and model of the motor vehicle(s);  License plate number(s);  Insurance carrier(s); and  Insurance policy number(s). If a police officer is present, get the following information from him or her: Name and badge number;  Phone number; and  Police report number. Document the motor vehicle accident, including: Dam...

The 4th and 5th Steps of the 5-Step Sequential Disability Determination Process: Part 1 - The VE

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Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney . At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relies on VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from the VE who forms his or her opinion after reviewing the disability claimant's records and data in the DOT. This testimony is crucial because neither the ALJ nor the claimant possess the ability to analyze the exertion or skill required by particular employment positions, because the categories in the DOT are organized in an exceedingly technical fashion.  Thus, VE testimony serves as the foundational building block of the SSA disability determination process, because, without it, a complete, accurate, and reasonable decision would not be possible. 1. The Vocational Expert A VE is a consultant...

Slip and Fall Injury: Defective Sidewalk - “Planning-Operational” Test and Repairs of a Sidewalk

Personal Injury Attorney City of Indianapolis v. Duffitt 929 N.E.2d 231 (Ind.Ct.App. 2010) Facts of Case:   The City of Indianapolis received a complaint about the condition of a sidewalk in August of 2006, and within one or two days, the City inspected the sidewalk, determined it was a tripping hazard, and issued a work order for its repair with a “Priority 1” rating.    The City’s priority rating system used a scale of 1 to 3 to distinguish between “severely defected” sidewalks (Priority 1) and “slightly damages” sidewalks (Priority 3).    As of October of 2007, the sidewalk had not been repaired, and Duffitt tripped and fell on the sidewalk sustaining personal injuries.    She filed a complaint against the City alleging negligence in failing to repair the sidewalk, and the City filed a motion for summary judgment claiming that it was entitled to immunity under the “discretionary function” provision of the Indiana Tort Claims Act.    Inclu...