Author: Shannon Starr

What to Know About An Auto Accident Claim

Post author By Shannon Starr
Post date July 3, 2020
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What to Know About An Auto Accident Claim

An auto accident can bring life altering injuries and large medical bills. It can be a very traumatic time. The Law Office of Shannon G. Starr, LLC can help and has experience with auto accident cases.

Seek medical treatment as soon as you can after an accident. First and foremost, your health is most important. Also, if there is a gap in time between your accident and treatment of your injuries, the other side may try and say they are not related to the accident.

A personal injury claim has different types of damages. There are economic damages that are easy to calculate, including but not limited to hospital bills, physical therapy costs, and lost wages. However, there are also noneconomic damages that are harder to calculate, such as pain and suffering, permanent impairment, and loss of joy from doing a hobby. In addition, a variety of factors – including but not limited to circumstances of the accident, nature of the injuries, and state of the drivers, can influence the amount a case is worth.

Finally, Indiana is a fault state. That means the law takes into account who is at fault in determining what percentage of damages you should be financially responsible for. If you are less than 51 percent at fault for the accident, you can recover a portion (if not all) of your damages from the other side.

The Law Office of Shannon G. Starr, LLC handles auto accident cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation.

Estate Administration Estate Planning

Estate Planning Basics

An estate plan is essential for every adult, regardless of age or health status. Having a proper estate plan ensures that the needs of you and your family are met now and in the future. Here are examples of common estate planning documents:

Will

A Will is a legal document that says how to distribute your assets upon your death. The exceptions for such distribution are assets that transfer by contract (such as “pay-on-death” bank accounts and property held in joint tenancy with a right of survivorship).

There are also other functions a Will can perform. For example, you can nominate a Personal Representative. The Personal Representative carries out the administration of your estate after your death.

You can also designate a Guardian for your children. It is very important to decide who will be the primary custodian and caregiver for your children if both parents die or are unable to otherwise care for their children.

Advance Directives

In addition to a Will, documents referred to as “advance directives” are important for every person because they deal with difficult issues involving life, death, and incapacity. Advance directives include:

General Durable Power of Attorney. This document allows you to name a person to make financial decisions for you in the event of incapacity.
Health Care Power of Attorney. This document provides for the appointment of a person to make medical decisions for you in the event that you are incapacitated and unable to make decisions for yourself.
Living Will Declaration. This document allows you to state your preferences regarding end of life decision in the event of an incurable illness or persistent vegetative state.

Having a proper estate plan in place can give you peace of mind knowing your loved ones are provided for and protected.

The Law Office of Shannon G. Starr, LLC handles estate planning and administration. To learn more, or set up a consultation, contact Shannon at 574-299-6837 or shannon@sgstarrlaw.com.

Personal Injury Premises liability

Understanding Indiana premises liability law

Post author By Shannon Starr
Post date July 1, 2020
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Common examples of premises liability cases include: slip and falls; dog bites or other animal attacks; exposure to toxic substances; falling objects from store shelves or construction scaffolds; fires; electrocution from exposed wiring; assaults due to negligent security; and failure to mark or identify hazardous conditions.

Under Indiana law, your ability to pursue a premises liability lawsuit will depend on your status as a visitor to the property, and the duty that the owner or occupier owed to you based on that status.

As a visitor, you may fall into 1 of 3 categories – invitee, licensee or trespasser. The property owner owes the highest duty to invitees. The duty owed to invitees is to fix any dangerous condition or warn the invitee about the danger, if not obvious. Property owners owe lesser duties to licensees and trespassers. However, property owners could be liable even for trespassers, for example, by intentionally placing hidden dangers or traps on the property.

Damages may include medical expenses, lost wages, pain and suffering, loss of consortium, and punitive damages.

The Law Office of Shannon G. Starr, LLC handles premises liability cases. To learn more, contact Shannon at shannon@sgstarrlaw.com.

Tags Personal Injury, Premises liability

Eminent Domain Real Estate

Understanding Eminent Domain

Post author By Shannon Starr
Post date June 25, 2020
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Eminent domain is the process by which states and localities have the right to condemn and force the sale of private property usually in order to serve a public purpose. Condemnation is the act of a government exercising its power of eminent domain.

The government must have both a legitimate public purpose for the taking of the property and also pay a property owner a fair market value for the land it is condemning. A legitimate public purpose can be acquisitions for roads, parks, airports and schools.

A property owner will learn their property is sought for acquisition by receiving a notice in the mail. Before bringing a eminent domain proceeding, the government is required to enter into purchase negotiations with the property owner. The property owner does not have to accept the offer.

The property owner has a right to challenge the determination of the value of the property. The valuation of the property is one of the most important parts of the case. Valuations should be made by expert appraisers. Legal counsel should also be consulted through the process.

If the property owner rejects the offer from the government, the government then files a complaint. At that point, the procedure and legal steps for an eminent domain case can be complex. It is important to consult with an attorney at the beginning of the eminent domain process to make sure your rights are fully protected and that you fully understand the process.

The Law Office of Shannon G. Starr, LLC handles eminent domain cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Quiet title Real Estate Tax sale

What do you do after purchasing real estate at a tax sale?

Post author By Shannon Starr
Post date June 9, 2020
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Each year, almost every county in Indiana holds at least one tax sale. Some people purchase real estate at a tax sale, think they got a great deal and that there are no further steps to take.

Unfortunately, that is not the case. The county will issue a “tax sale certificate” at the tax sale. The buyer must go through some more steps before getting the deed to the real estate.

First, a buyer must figure out each person having a substantial interest in the real estate. This includes the prior owner and certain creditors such as banks holding mortgages. A buyer will want to have a title company perform a title search to make sure all proper parties are included in the list.

After completing the title search, a notice needs sent to each person with a substantial interest in the property. There are certain time limits for when this notice must be sent. There are also a number of statutory requirements for what must be included in the content of the notice.

Any person may redeem the real estate within 1 year after the tax sale. The redeemer must pay money to the county and restore the real estate ownership back to the prior owner. The redemption price includes the amount of the tax sale price, interest and you may be entitled to reimbursement of attorney fees and title search fees.

If the property is not redeemed, the buyer must petition the court for a tax deed within 6 months after the expiration of the redemption period. Again, notice must be given to all interested parties. If there are no objections within 30 days after the petition is filed, the court will direct the county auditor to issue a tax deed to the buyer.

Unfortunately, this is still not the end of the road. Most title insurance companies will require the buyer to file a quiet title lawsuit against any person who may have a substantial interest in the real estate. A quiet title action is a lawsuit against everyone who may hold a claim on the real estate and its seeks the Court’s declaration of clear title.

The Law Office of Shannon G. Starr, LLC handles tax sale and quiet title cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Auto accident Personal Injury

Five Things to Remember After an Auto Accident

Post author By Shannon Starr
Post date June 7, 2020
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If you are involved in a car accident, it is important to take immediate steps to protect your rights. While not an exhaustive list, here are some helpful things to remember to do in case a car accident occurs:

Call the police. Having the police at the scene of the accident ensures you have an official record of the collision and protects key evidence.
Call your insurance company. Tell the insurance company how the accident occurred and the extent of your injuries.
Talk to witnesses and take photographs. Make sure you obtain the contact information of any potential witnesses. Take photographs of the cars, the accident scene, your injuries, the surrounding traffic, and the weather.
Get medical treatment. Do not let anything get in the way of your medical care. Maybe you cannot get time off work, are worried about health insurance coverage, or do not think your injuries are serious. However, delaying, skipping, or only getting intermittent treatment could damage your health and your case. Keep track of medical professionals you seek treatment from and also your medical bills.
Do not talk to the other driver’s insurance company. Do not talk to anyone about the accident other than your attorney, your insurance company, and the police. Do not talk to a representative of another insurance company without the knowledge of your attorney or your insurance company. If representatives from other insurance companies should call you, ask them to call your attorney or insurance company to arrange for any interview.

The Law Office of Shannon G. Starr, LLC handles car accident and personal injury cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Personal Injury Wrongful death

What is a wrongful death claim?

Post author By Shannon Starr
Post date March 3, 2020
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“Wrongful death” is when someone dies due to the misconduct or negligence of another party. When a loved one dies as a consequence or misconduct of another, it can be devastating. There is no way to truly compensate for the loss of a loved one.

There are different circumstances in which wrongful death can arise. These include car accidents, medical malpractice, premises liability, construction accidents, birth injuries, workplace accidents, and defective products.

Indiana has 3 types of statutes governing wrongful death suits. These include –

General Wrongful Death. This type of case involves the death of a person who has a spouse and/or dependents. It is brought by a close family member or other personal representative of the estate. You may seek compensation to cover medical and hospital bills, funeral and burial expenses and lost earnings. Only the victim’s spouse, dependent children or dependent next of kin may recover damages for lost earnings.

Adult Wrongful Death. This involves a deceased person with no spouse and/or children and is also initiated by a personal representative of the estate. The personal representative may seek compensation for medical, hospital and funeral expenses and loss of love and companionship. There is generally no recovery for lost earnings.

Child Wrongful Death. This type of lawsuit is initiated by the parent(s) or guardian(s).

You have 2 years to file a wrongful death claim, so it is important to speak with an attorney promptly because of the time required to investigate and gather evidence. The Law Office of Shannon G. Starr, LLC handles wrongful death cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.