Everyone makes mistakes. The important thing about making mistakes is not whether someone makes them. It is what we do with our lives after. Unfortunately, when it comes to criminal offences, changing one’s life after making a mistake is often extremely difficult. This can especially be true when it comes to DUI and OVWI convictions […]
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Filing an Employment Discrimination Claim in Indiana
Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. Each state has passed laws and rules to protect your workplace rights: this page […]
Read more...Understanding Uninsured and Underinsured Motorist Coverage
According to the Insurance Research Council, 16.3% of all drivers in Indiana do not carry any insurance. Outside of Indiana, one in seven drivers have no insurance. Of those who do carry it, they may only purchase the minimum limits required by the state. But, what happens if you get into an accident with one […]
Read more...Indiana Living Wills Laws
Living Wills are different from the legal wills we normally think of. While a normal will generally addresses what happens to a person’s property after they pass away, living wills are legally binding documents that express an individual’s medical treatment and end-of life preferences. A living will generally details whether a patient wants to be […]
Read more...Defamation Claims in Indiana
Under Indiana law, the elements of a defamation claim are: a communication with defamatory imputation; malice; publication; and Damages. Bochenek v. Walgreen Co., 18 F.Supp.2d 965 (N.D.Ind. 1998). A plaintiff must also prove that the defendant’s fault in publishing the statement amounted to at least negligence. Defamation Per Se In Indiana, a communication constitutes defamation […]
Read more...How Is Income Treated When Applying For Medicaid?
We previously discussed the differences between assets and income in regards to applying for Medicaid. Now we will examine how Medicaid treats income. The information below is an abbreviated overview of individual income taken into account for eligibility under Medicaid. For married couples, both incomes are considered when determining Medicaid eligibility. When the income is […]
Read more...Medicaid Eligibility: Assets vs Income
As explained previously, the Medicaid program uses the term “resources” to mean assets. The Medicaid program distinguishes resources and income in determining eligibility and calculating the amount that a Medicaid recipient must contribute to medical expenses. Whether a resource or income is counted, and how it affects eligibility, depends on many factors. The […]
Read more...Medicaid’s Spousal Impoverishment Protection Law
The Spousal Impoverishment Protection Law applies for nursing home admissions occurring on or after September 30, 1989. Protection under the law applies to nursing home, in-home and community type care services under the Medicaid Aged and Disabled Waiver. The purpose of the law is to allow the community spouse to keep some of the couple’s […]
Read more...How is child support calculated in Indiana?
The Indiana child support guidelines state that a child’s quality of life should not be affected by a divorce. One tool the courts use to ensure children are able to maintain their lifestyle is child support, which is typically paid by the noncustodial parent. If you’re filing for a divorce with a child involved, you […]
Read more...Availability of exemplary damages in Michigan
What are Exemplary Damages? Exemplary damages are awarded in order to “compensates plaintiffs for humiliation, sense of outrage, and indignity resulting from injustices maliciously, willfully, and wantonly inflicted by the defendant.” McPeak v McPeak (On Remand), 233 Mich App 483, 490, 593 NW2d 180 (1999) A plaintiff who seeks exemplary damages for the defendant’s willful, […]
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