West Sixth LawWest Sixth Law2026-09-30T16:26:33Zhttps://www.w6law.com/feed/atom/WordPress/wp-content/uploads/sites/1404575/2024/11/cropped-Site-Directory-32x32.jpgOn Behalf of West Sixth Law<![CDATA[The difference 1% makes in an Indiana accident claim]]>https://www.w6law.com/?p=535172026-09-30T16:26:33Z2026-09-30T16:26:33ZThe math behind your liability claim
Indiana uses a system called modified comparative fault. This rule is found in Indiana Code 34-51-2-6. It means you can still collect money if you were partly at fault for an accident, but there is a hard limit. If an investigation finds you are more than 50% responsible for the incident, the law bars you from collecting any money from other parties.
Crossing the line to zero recovery
Think of fault as a scale that stops at 100. If you hit that 51% mark, there is no recovery. But everything up to that number can mean you are eligible for financial recovery. That said, the amount you may collect drops in proportion to your percentage of fault. In other words:
At 10% fault, you can still receive 90% of your damages
At 50% fault, you can receive 50% of your damages
At 51% fault, you receive nothing under Indiana law
Insurance companies often look for any reason to nudge your responsibility above that halfway point to save money. This strategy protects their bottom line by disqualifying your claim entirely.
Focusing on your health instead of the fight
You already have enough on your plate after an accident. Battling insurance companies, talking to accident reconstructionists and securing evidence to prove your case can simply be too much to take on. However, these are crucial elements to maximize your financial recovery, so working with an attorney who can take on these tasks is wise.
Understanding legal elements like the 51% bar makes it easier to see why every piece of evidence matters after an Indiana accident. When you take your claim seriously and get the help you need, you can stand up to insurers looking to avoid paying what you deserve.]]>On Behalf of West Sixth Law<![CDATA[How personal injury settlements impact taxes in Indiana]]>https://www.w6law.com/?p=535152026-09-17T13:34:07Z2026-09-17T13:34:07ZMoney for physical injury is usually not taxable
When a settlement pays for harm tied to a physical injury, federal tax law usually does not treat that money as taxable income. That can include pain and suffering when the pain comes from a physical injury.
Indiana state income tax usually follows federal adjusted gross income, so the federal rule often shapes the state result too. IRS guidance on the tax treatment of settlements and judgments gives general background, but the final tax result still depends on what the payment replaced.
Some parts of a settlement can still be taxable
Even in an Indiana injury case, some parts of the recovery may receive different tax treatment. Common examples may include:
Punitive damages
Interest on the judgment
Lost wages if the settlement lists them in a taxable way
Compensation for emotional distress without physical injury
Repayment of medical expenses previously deducted on a tax return
The same recovery can include both tax-free and taxable amounts. A person who treats the full recovery as non-taxable, without reviewing each part, may face unexpected tax liability later.
Records and settlement terms can shape the tax result
A settlement agreement may do more than end the injury case. It may also affect how someone describes the payment later if tax questions arise. Medical records, prior tax filings, and the wording of the settlement and release agreement may all shape that review. Because a single recovery can include both taxable and non-taxable amounts, reviewing each component of the settlement before it is finalized through a broader look at personal injury claims and financial recovery issues, gives the clearest picture of the potential tax result.]]>On Behalf of West Sixth Law<![CDATA[Can you file workers’ comp again for the same injury?]]>https://www.w6law.com/?p=535102026-09-13T19:18:35Z2026-09-13T19:18:35ZWhen can a claim be reopened?
Indiana law may allow a worker to seek additional benefits if a covered condition worsens after a claim is resolved, depending on the facts and the applicable procedures. This may apply when new symptoms develop or when the original injury leads to additional medical problems tied to the work-related condition.
A key issue is whether the worsened condition can be linked to the workplace injury through medical and factual evidence. Updated medical records can help show how the condition changed over time.
What happens with new injuries at work?
A separate workplace accident may lead to a new claim instead of reopening the old one. For example, if you hurt your back in 2022 and then injure your shoulder in 2024, those may be different claims. The facts determine which path applies.
A later incident can also raise questions about whether the new problem is really a new injury or a worsening of the earlier one. That is why the details matter.
How do you protect your rights?
In Indiana, you generally have two years from the date of your last compensation payment to petition the Workers' Compensation Board for additional benefits if your condition has worsened. Acting promptly helps preserve that right. Keep records of your symptoms, medical visits and work limits. Those records can help show what changed and when.
Speaking with a workers’ compensation lawyer can help you understand whether your situation calls for reopening a claim or filing a new one.]]>On Behalf of West Sixth Law<![CDATA[Can a lawyer help if a workers’ compensation claim is denied?]]>https://www.w6law.com/?p=534522026-08-28T09:12:57Z2026-08-28T09:12:57ZThere may be multiple reasons for a denial
An employer may dispute whether the injury happened at work. An insurer may reject a claim because of medical proof, notice issues or questions about whether the worker can return to the job. In some cases, the insurer may accept part of the claim but dispute how serious the injury is or how much the insurer owes in benefits.
In Indiana, a denied claim may move to the Workers' Compensation Board for a formal hearing, where both sides present evidence and arguments.
What can a lawyer do after a denial?
A lawyer may focus on what caused the denial and what evidence could answer it. That may include reviewing the medical file, checking the accident report, comparing witness accounts or identifying missing proof that the employer is using to resist payment. A lawyer may help with:
Gathering stronger medical evidence
Obtaining witness statements or work records
Responding to notice or reporting disputes
Preparing for a hearing before the Workers’ Compensation Board
Challenging a denial of benefits or the extent of the injury
These steps matter because one weak point in the file may affect the denial more than the rest of the claim.
The dispute process may depend on facts and timing
If your claim is denied, work injury disputes may move into formal hearings and evidence review. Identifying the specific reason for the denial early, whether it is a documentation gap, a notice issue or a coverage dispute, gives the worker a clearer target to address before the hearing. A workers’ compensation lawyer can evaluate whether the employer raised a legitimate legal issue or whether the claim failed because the supporting evidence was incomplete.]]>On Behalf of West Sixth Law<![CDATA[Should you disclose your property’s homicidal past?]]>https://www.w6law.com/?p=534452026-08-07T15:56:32Z2026-08-07T15:56:32ZSelling a property where a homicide or other violent crime previously occurred can present unique challenges in Indiana. Some buyers or tenants may react negatively if they learn a homicide occurred on the property. In such a situation, it is natural to wonder if disclosing that particular piece of information is really necessary.
Before you make a decision, it is best to understand what the law requires.
What does Indiana law say?
Under Indiana law, as a property seller, you generally have no legal obligation to disclose that a homicide occurred on the property voluntarily. Indiana law considers a property’s past violent criminal events as psychological stigmas as opposed to material defects that should be mandatorily disclosed to the buyers.
There is an important caveat here.
If the buyer directly asks whether a death or violent crime occurred on the property, you may refuse to disclose that information. It is well within your rights as an owner. However, you may not issue a misleading statement. For example, you cannot claim the property lacks a history of homicide if it has one. Doing so can expose you to claims of fraudulent misrepresentation and legal action. Sometimes, buyers may learn about the property’s history through public records or websites, potentially jeopardizing the deal and destroying trust.
What should you do?
If you are confused about local disclosure obligations while selling a stigmatized property, consult an attorney experienced in Indiana real estate law. They can help explain the legal requirements and draft a sale agreement that mitigates the risk of complex real estate disputes.]]>On Behalf of West Sixth Law<![CDATA[Can you hire private counsel after a public defender is assigned?]]>https://www.w6law.com/?p=534252026-08-03T13:22:34Z2026-08-03T13:22:34ZThe right to choose legal representation
Indiana legal procedure does not require a defendant to stay with a single lawyer for the entire case. When circumstances change or financial conditions improve, a defendant may prefer to hire a different advocate.
When that happens, new counsel may enter an appearance and ask the court to approve the substitution. These requests usually create fewer scheduling problems, but late changes, especially near trial, may receive closer review if they threaten to delay proceedings.
Steps for making the switch
Moving to private representation usually involves a few practical actions, such as:
Meeting with prospective counsel early allows the lawyer to assess the case status, deadlines and evidence before deciding to take it one
Analyzing the strategy and court calendar helps identify hearings, plea settings, motion dates and trial deadlines before the transition
Filing a formal appearance with the clerk of court establishes the new lawyer's representation, while any related withdrawal or continuance issues may require court approval
Giving notice as soon as possible helps protect the schedule and shows respect for the court’s calendar
These steps often allow the case to move forward in an orderly way.
Role of private counsel in case preparation
A privately retained attorney can bring focused attention to the next phase of the defense. They can review discovery, assess police reports, examine possible constitutional issues and advise on plea options. They can also file motions, challenge weak points in the evidence, prepare witnesses and develop a tailored defense strategy.
Many people also value choosing an advocate whose experience matches the charges involved, whether the allegations concern drugs, theft, fraud or violence.
Timing matters in moving forward
Sometimes, a judge may deny a last-minute switch if the request appears likely to disrupt hearings or postpone the trial. An early request often gives private counsel the strongest chance to step in smoothly and prepare an effective defense.
Choosing legal representation is a serious decision for anyone who is facing criminal charges. They should have counsel they trust and feel comfortable with.]]>On Behalf of West Sixth Law<![CDATA[Are Indiana motorcycle accidents riskier than car accidents?]]>https://www.w6law.com/?p=534222026-07-22T12:50:03Z2026-07-22T12:50:03ZLax laws, less protection
Cars and trucks have metal frames that shield you in case of collision. Car companies build them with multiple protective measures to absorb most of the impact of a crash. Auto safety laws and engineering create modern cars with safety features that further increase your protection. For example, Indiana imposes fines on drivers and passengers of passenger motor vehicles who fail to wear seatbelts.
On the other hand, motorcycles offer no such protection. You are completely exposed during a collision. There are no airbags to absorb impact, no seatbelt to restrain you and no metal frames to act as a barrier.
Indiana laws on motorcycle safety are more lax, which may feel less restrictive at first but are riskier. Indiana law only requires riders under 18 and riders who only carry a motorcycle learner’s permit to wear a helmet. Not wearing a helmet can make you more vulnerable to traumatic brain injuries (TBI), road rash or paralysis after a crash. Insurance companies may also attempt to use the lack of headgear to reduce your payout under Indiana’s comparative fault laws.
Environment and road hazard vulnerability
Motorcycles are much more sensitive to the conditions on the road than cars and trucks. Unpredictable weather like sudden downpours and road hazards like potholes are common in rural Indiana. While cars absorb shock and maintain tire grip more easily, motorbikes can slip or lose traction in the same conditions.
If you are a motorcycle rider, you must be more vigilant when traveling in less than ideal conditions. Both Indiana’s weather and road conditions work against you, making you much more vulnerable than car and truck drivers.
Reduced visibility to other vehicles
Most two-wheeled vehicles are smaller than both trucks and cars, making them susceptible to severe injuries in crashes. A driver may overlook you in certain hazardous situations, such as busy intersections. If a much bigger vehicle has a blind spot, a collision is more likely to happen. Drivers of trucks and other large vehicles may have a harder time spotting you on the road.
Accidents involving motorcycles are uniquely dangerous compared to car accidents. If you are hurt in a motorbike crash, seek medical help immediately. Reach out to someone legally qualified if you incur medical expenses, diminished earning capacity, and other losses. A personal injury claim in Indiana can help you recover damages.
]]>On Behalf of West Sixth Law<![CDATA[HOA rules you should check before buying a property in Indiana]]>https://www.w6law.com/?p=534022026-07-08T15:40:15Z2026-07-08T15:40:15ZWhether you love them or hate them, HOAs are not something you can ignore. They are a prominent governing organization in many neighborhoods of Indiana. They usually control various aspects of the property you are about to buy. That is why you need to familiarize yourself with the bylaws dealing with these crucial property ownership points.
Modifications
Most Homeowner Associations (HOAs) are vigilant about modifications owners make to their property. There might be prohibitions against building a shed, swimming pool or even a small deck. They might call it a convenience issue or say the changes simply don’t reflect the collective identity of the neighborhood.
Aesthetics
In many HOAs, the overall appearance of the neighborhood is a big deal. If you are planning to make any changes to the house that may drastically transform the overall look of the property, you should check the bylaws for compliance. Sometimes, an HOA can decide on something as trivial as the length of the grass in your front yard.
Pets
Pets often become a major point of contention for homeowners. As a result, HOAs may prohibit pets that they presume are dangerous to the residents, such as aggressive dogs or venomous snakes. Furthermore, they may ask resident pet owners to keep their pets on a leash while in public.
How a legal guide may help
Reading through the HOA laws can be a challenging task. You might miss out on some legal nuances. By enlisting the help of a legal guide who is experienced in real estate law, you may be able to make an informed decision about the property you are planning to buy. ]]>On Behalf of West Sixth Law<![CDATA[Who pays joint debt after an Indiana divorce?]]>https://www.w6law.com/?p=534002026-07-03T17:49:14Z2026-07-03T17:49:14ZDoes divorce automatically split joint debt?
No. Indiana courts can divide debt between spouses as part of a divorce, but that does not always end both spouses' financial responsibility.
For example, a court may order one spouse to pay a joint credit card. If that spouse stops making payments, the lender may still try to collect from both people if both names remain on the account. That is one reason credit and divorce issues may still matter even after responsibility is divided in court.
How do Indiana courts divide debt?
Debt can affect property division in several ways. A large credit card balance, mortgage or other shared obligation may influence who keeps certain assets or how the overall marital estate is divided. When looking at debt, a court may consider:
When the debt was created
Why was the debt incurred
Which spouse benefited from the debt
Each spouse's financial situation
These details can help explain how a debt fits into the larger financial picture of the divorce. They may also affect what a court sees as a fair overall result.
Looking beyond the divorce decree
If you are going through a divorce, it is easy to focus on who will keep the house or how other property will be divided. Joint debt can be just as important because a missed payment or unpaid balance may still affect your credit after the marriage ends. Taking a close look at shared obligations during an Indiana divorce may help you avoid financial stress that follows you long after the final order is signed.]]>On Behalf of West Sixth Law<![CDATA[Bitten while petting a dog: Can you sue the pet owner in Indiana?]]>https://www.w6law.com/?p=533862026-06-15T15:21:33Z2026-06-15T15:21:33ZDogs are adorable. That is why most people have the tendency to pet them even if they are not familiar. However, this habit can sometimes lead to catastrophic consequences. If a dog bit you while you were petting it, can you sue the pet owner?
What does Indiana law say?
Dogs are trustworthy animal companions. However, they can also be dangerous. Indiana law expects pet owners to be aware of the risks dogs pose to themselves and others around them. Further, owners are also expected to take necessary precautions to prevent aggression. If they fail to take preventive actions, dog owners can face legal consequences.
Can you sue them for a dog bite while you were petting it?
Whether you can hold an owner entirely responsible for a dog bite depends on their knowledge of the animal's history. For instance, if the dog had a violent or aggressive past, the owner should have known about the dangerous behavior of their pet. In your case, they had the responsibility of warning you of the danger of petting, even if they had the dog on a leash.
When can you not sue them?
In most cases, the pet owner is the ‘insurer’, meaning that any damage their pet causes is their responsibility. However, they may be let off the hook by the law if it is proven that you were the one who provoked the dog. There is also a legal principle that is commonly leveraged by pet owners called the ‘One-bite rule,’ according to which they may not be held liable if the dog hadn’t bitten anyone before or the pet owner didn’t know about its violent tendencies.
How can a legal guide help you here?
Dog bites can leave you with emotional and physical strains. That is why, to sort out things easily, it may be wise to have an experienced personal injury attorney in your corner. They can build the case and fight for your personal injury claim against the pet owner. ]]>