Fifer Law Office New Albany Criminal Defense & Family Law | Personal Injury 2026-09-16T13:26:51Z https://www.fiferlawoffice.net/feed/atom/ WordPress On Behalf of Fifer Law Office <![CDATA[Can a hospital take your entire injury settlement in Indiana?]]> https://www.fiferlawoffice.net/?p=48314 2026-09-16T13:26:51Z 2026-09-16T13:26:51Z less than 20% of your total settlement. However, there are some significant limitations to this rule.

How does Indiana’s 20% rule work?

In essence, your attorney’s fees must be paid first. Then, the hospital lien can be addressed. If paying the hospital would leave you with less than 20% of the full settlement amount, the hospital lien has to be reduced proportionately so that you receive at least 20%. For example, if your personal injury claim settles for $50,000, a qualifying hospital lien cannot reduce your share of the settlement below $10,000. The exact distribution (who gets what) would ultimately depend on your attorney fees, cases expenses and other liens. It’s important to note that the 20% protection does not apply to claims made by Medicare, Medicaid, private health insurance companies, workers’ compensation insurers and other medical providers. They may have their own repayment rights under state or federal law. Because of this, it is critical to identify all valid liens or reimbursement claims before calculating distributions. A skilled attorney can help identify whether liens against a personal injury claim are valid and enforceable. They may also be able to negotiate lower repayment amounts with hospitals and other providers. While Indiana’s 20% rule can preserve part of your recovery, it’s only one piece of the settlement process.]]> On Behalf of Fifer Law Office <![CDATA[Do juvenile offenses follow your child into adulthood?]]> https://www.fiferlawoffice.net/?p=48310 2026-09-04T11:27:19Z 2026-09-02T13:24:03Z By understanding the state’s laws and legal systems for juvenile offenders, you can better anticipate and protect your child’s future.

The goals of the Indiana juvenile justice system

Children aged 17 and below who commit offenses face Indiana’s juvenile law. Because of your child’s young age, the court may provide them a chance to avoid criminal charges or its harsh consequences after being found guilty of an offense. Indiana’s juvenile courts usually adhere to the “best interests of the child” with the primary goal of rehabilitation.  The state recognizes that children and adolescents still need cognitive and emotional development. Instead of punishment, the system aims to provide your child with necessary treatment to prevent future delinquent acts. However, juvenile court can still impose severe consequences, especially if your child is a repeat offender or facing serious allegations.

What is informal adjustment?

A juvenile case can lead to a delinquency adjudication, which is similar to a conviction in adult court. A delinquency finding can stay on your child’s record unless they take steps later to seal or expunge it. In many situations, your child must ask a judge for that relief. If your child is a first-time offender or has committed a minor offense, Indiana offers a solution. The program, known as Informal Adjustment (IA) is a diversion process that allows your child to avoid a formal “delinquency” finding. Under an IA, the child and their parents enter into an agreement with the probation department. Your child will agree to complete certain requirements within a period of up to six months. Requirements may include:
  • Community service
  • Apology letters or restorative justice programs
  • Counseling or substance education
  • Restitution (paying back for damage or loss)
  • Curfew compliance or supervision check-ins
If your child successfully completes the terms of the IA, they will have no formal record of delinquency. Thus, this is often the best-case scenario for a child, as it prevents the case from moving forward in the court system.

Protecting your child’s future

While any involvement with the juvenile justice system is serious, Indiana's system does not purposefully work against your child. In reality, young people have a genuine second chance. Facing a juvenile offense may not permanently derail your child’s future. With legal guidance, your child's juvenile charge may become a critical learning opportunity without being a lifelong burden. If your family is going through this difficult experience, consider reaching out to an experienced criminal defense attorney.]]> On Behalf of Fifer Law Office <![CDATA[Indiana does not have separate property during a divorce]]> https://www.fiferlawoffice.net/?p=48308 2026-08-26T19:05:09Z 2026-08-26T19:05:09Z In many states, couples who are going through a divorce need to split their property into two general categories: marital property and separate property. The marital property will need to be divided because they both own it together. However, they can sometimes keep separate property, such as money or assets they obtained before the marriage. For those living in Indiana, however, it is very important to know that Indiana is a whole-pot state. This means that it generally does not recognize separate property. Instead, all assets and debts are considered marital property that goes into the same pot and must be divided.

Does this mean they will be split up equally?

No, this does not necessarily mean that all of that property will then be divided equally, such as giving 50% to one spouse and 50% to the other. Instead, Indiana uses equitable distribution, rather than equal distribution. When couples do not agree on how they should split up their assets and debts, a judge can make a ruling. They will consider all of these marital assets after they have been lumped together, and the judge can then decide what seems fair in that specific case. This means that there are many different factors that can be considered, such as each person’s income, earning potential, financial needs, roles within the marriage – such as if one person was a stay-at-home parent – and much more. Because Indiana marital property laws differ from those used in many other states, divorce can be complicated, and it is important for those navigating the process to understand exactly what legal rights they have.  ]]> On Behalf of Fifer Law Office <![CDATA[Breath test errors: What can go wrong?]]> https://www.fiferlawoffice.net/?p=48307 2026-08-16T19:55:18Z 2026-08-16T19:55:18Z Factors that can affect breath test results A breath test is done using Breathalyzer or similar device. It measures the amount of alcohol in a person’s exhaled breath. The device analyzes the alcohol-containing vapors and uses a chemical reaction to produce a reading that estimates the person’s blood alcohol concentration (BAC). Breath-testing equipment needs to be properly maintained and calibrated to produce reliable results. If a device has not been maintained according to applicable requirements, has a mechanical problem or has not been properly calibrated, questions may arise about whether the reading was able to accurately reflect a person's alcohol concentration. Records showing when the device was inspected, serviced or calibrated can be important when evaluating the test. The way a breath test is administered can also affect the results. Officers generally need to follow established procedures when preparing someone for a breath test and operating the device. Issues such as improper operation, failure to follow required observation periods or problems with the testing process may provide reasons to examine the result more closely. Other circumstances can also affect breath tests. Mouth alcohol, certain medical conditions and environmental factors may sometimes interfere with testing. The specific device, testing method and circumstances of the case all matter when determining how much weight should be given to a breath-test result. The initial breath test number does not always equal guilt in a drunk driving case. Reviewing the testing records, equipment history and circumstances surrounding the test can help identify potential issues. If you are facing an OWI or other drunk driving-related charge, speaking with an experienced legal professional can help you understand the evidence and determine the best way to move forward.]]> On Behalf of Fifer Law Office <![CDATA[What to know about dog attacks involving children]]> https://www.fiferlawoffice.net/?p=48304 2026-08-09T01:15:45Z 2026-08-09T01:15:45Z The long-term effects of severe dog bite injuries Children are more likely than adults to be bitten by dogs, and their injuries also tend to be more severe. A child’s smaller size can place the face, head and neck closer to a dog during an attack. Centers for Disease Control and Prevention (CDC_ data found that nearly 65% of dog bite injuries among children younger than four involved the head or neck. These injuries can include deep puncture wounds, lacerations and damage to the eyes, ears or face. The consequences may continue after the physical wounds have healed. A child may need stitches, reconstructive procedures or other follow-up treatment, particularly when an injury leaves noticeable scarring. Children may also experience fear, anxiety or difficulty feeling comfortable around animals after an attack. Families may face medical bills, ongoing treatment costs and other expenses while helping the child recover. Indiana law provides specific circumstances under which a dog owner may be responsible for injuries caused by a bite. Under Indiana law, an owner may be liable when a dog bites a person without provocation in circumstances covered by the statute, even if the dog had not previously shown violent behavior. After a child is attacked, families should consider documenting the incident, seeking appropriate medical care and keeping records of treatment and related expenses. Because the circumstances of each attack can affect what legal options may be available, speaking with a qualified legal professional can help a family understand their rights and determine what steps may be appropriate.]]> On Behalf of Fifer Law Office <![CDATA[Can grandparents seek visitation rights in Indiana?]]> https://www.fiferlawoffice.net/?p=48303 2026-07-16T07:05:08Z 2026-07-16T07:05:08Z When can grandparents request visitation? In Indiana, unlike parents, grandparents do not have the same automatic right to parenting time. When a grandparent is legally eligible to request visitation, the court may consider the grandparent’s relationship with the child and whether visitation would serve the child’s best interests. The court might consider whether the grandparent had a meaningful connection and contact with their grandchild. A request for visitation is different from a request for custody and follows different legal standards. Under the Indiana Grandparent Visitation Act, a grandparent generally may petition for visitation only under certain circumstances:
  • The child’s parents are divorced
  • One of the child’s parents is deceased
  • The child was born out of wedlock
If the child’s parents are still alive, remain married to each other and mutually decide to cut off contact with the grandparents, the court cannot intervene. Even if the grandparents meet the criteria to file a lawsuit, the United States Supreme Court protects a parent's right to raise their child as they see fit. Indiana courts generally give special weight to a fit parent’s decision to limit or deny grandparent visitation. To obtain court-ordered visitation, an eligible grandparent must show that visitation would serve the child’s best interests. The court must also give special weight to the fit parent’s decision and consider the amount of visitation the parent already allows.

Eligibility doesn’t guarantee visitation

It is devastating for many grandparents to lose contact with their grandchildren. However, family dynamics can be complicated and a single mistake could ruin your chances of visiting your grandchildren permanently. Seeking the guidance of an experienced legal professional could help you review your options and protect your rights.]]> On Behalf of Fifer Law Office <![CDATA[When a car accident leads to PTSD]]> https://www.fiferlawoffice.net/?p=48302 2026-07-10T15:17:58Z 2026-07-10T15:17:58Z Post-traumatic stress disorder is something that can happen after many unexpected and potentially dangerous events. Soldiers often return home from a tour of duty and suffer from PTSD, for example, because of the traumatic nature of serving in combat. For the average American, it is unlikely that they will ever find themselves in that type of situation, but other traumatic events can still trigger PTSD. Some studies find that there is an increased risk of PTSD for those involved in serious motor vehicle accidents. If someone is involved in a crash where they suffer major injuries or a loved one passes away, for example, they could find themselves dealing with PTSD for months or even years after the accident.

How will this affect your life?

PTSD does manifest a bit differently from one case to the next. But it is very common for people to experience anxiety, depression, flashbacks, nightmares and other such episodes. Someone who used to be a relaxed and comfortable driver may suddenly find it very difficult to get in the car. They may practice avoidance behaviors. Even if they can still drive, they may find themselves avoiding the specific intersection where the accident took place, for instance. This can certainly have a long-term impact on someone's happiness and enjoyment of life. It could even affect their employment. This is especially true for those with long commutes or those who have to drive as part of their duties as an employee. As such, PTSD can create many costs as people seek medical attention, talk to therapists and even see a reduction in their wages or their earning capacity. If you find yourself in this position after an accident caused by another negligent driver, be sure you know what legal steps to take.  ]]> On Behalf of Fifer Law Office <![CDATA[Two ways to establish paternity as an Indiana father]]> https://www.fiferlawoffice.net/?p=48301 2026-07-10T13:08:47Z 2026-07-10T13:08:47Z When you are not married to your child’s mother, being involved from the start does not automatically make you the child’s legal father. Without legal paternity, it can be harder to settle questions about parenting time, major decisions and support. If you live in New Albany or elsewhere in southern Indiana, you generally have two ways to establish paternity.

Signing a paternity affidavit

A paternity affidavit lets you and the child’s mother state under oath that you are the biological father. Both parents may sign it at the hospital within 72 hours after the birth. You may also complete the form later at the local health department before the child’s nineteenth birthday. A valid affidavit establishes legal paternity without a court order. Your name can then appear on the birth certificate, and you take on the rights and duties of fatherhood. Because the form has lasting effects, do not sign it if you have real doubts about biological paternity. The rules for canceling an affidavit are strict and often involve short deadlines.

Filing a paternity case in court

You may need to file a paternity case when the mother will not sign an affidavit, either parent disputes paternity or you need formal orders for the child. The court can review evidence and may order genetic testing before deciding whether you are the legal father. The case can also cover custody, child support, medical costs and parenting time. This option can be useful when you and the mother cannot agree on your role or need clear rules for the future.

Creating a workable parenting schedule

Establishing paternity is important, but it may not give you a clear schedule for seeing your child. Even after an affidavit confirms your legal status, conflicts may arise over weekends, holidays, travel or phone calls. A parenting time order can reduce uncertainty. It can state when exchanges happen and how both parents will handle common problems. Indiana courts generally consider the child’s best interests and the Indiana Parenting Time Guidelines. The right schedule will depend on the child’s age, daily routine and relationship with each parent.

Choosing the right path early

Before you choose an affidavit or court case, think about what you need beyond legal recognition. If you and the mother agree, an affidavit may settle paternity quickly. If your access to the child is uncertain, a court case may give you firmer rules. Acting early can help you move from informal promises to a dependable parenting arrangement that supports your child.]]> On Behalf of Fifer Law Office <![CDATA[Is it possible to “sober up fast” after drinking alcohol?]]> https://www.fiferlawoffice.net/?p=48300 2026-06-30T02:57:34Z 2026-06-30T02:57:34Z Drinking coffee, taking a cold shower, vomiting and exercising after drinking alcohol are tricks that generally can make someone more alert and appear more sober. However, they don’t cause the liver to metabolize alcohol faster or reduce blood alcohol concentration (BAC).  Unfortunately, someone can end up facing an operating while intoxicated (OWI) charge if they drive during the temporary alert period they achieve. Here’s why:

The body needs time to get rid of alcohol

The body metabolizes most drugs at a speed proportional to how much is in the system. This does not happen with alcohol. The liver metabolizes alcohol at a constant, fixed rate, regardless of its concentration in the body. This is called zero-order kinetics. On average, the liver processes about one standard drink per hour, which is equivalent to:
  • 12 ounces of beer with 5% alcohol
  • 8 ounces of malt liquor with 7% alcohol
  • 5 ounces of wine with 12% alcohol
  • 1.5 ounces of 80-proof distilled spirits (liquor or distilled spirits with 40% alcohol)
One standard drink can raise the BAC by approximately 0.02% to 0.04%. Individual factors determine how the BAC increases, and the exact time it can take for the liver to clear alcohol. These include biological sex, body weight, speed of consumption, and whether someone ate before drinking.  For instance, males typically have a higher percentage of body water and less fat. Thus, they dilute alcohol more effectively. If a female and a male of the same weight consume the exact amount of alcohol, the female will have a higher BAC. Accordingly, they may metabolize alcohol more slowly. People constantly get into trouble for using tricks for sobering up quickly or applying the one standard drink per hour timeline without considering personal factors. If this is your case, legal guidance can help you understand your defense options. ]]> On Behalf of Fifer Law Office <![CDATA[Taking vacations with kids after divorce]]> https://www.fiferlawoffice.net/?p=48298 2026-06-16T16:07:10Z 2026-06-16T16:07:10Z If you are fresh out of a divorce (or even in the midst), chances are good that you might need a little break. And what could be better than a vacation and bonding with your children? That can definitely be a good plan. But before you start packing your bags, it’s wise to learn more about your custody situation here in Indiana.

Why this could matter

In a contested divorce where parents have yet to agree on custody matters, you could potentially face obstacles to taking the kids with you on your trip. In hotly contested divorces where feelings run high on one or both sides, the court may have imposed some custody restrictions. That doesn’t mean that the short trip or family reunion is off the table, however. It just means that you must remain compliant with any temporary orders put in place by the courts.

Restrictions you might face

It’s always best to hammer out all vacation arrangements with your co-parent before purchasing expensive or nonrefundable plane tickets and reservations. You could be barred from taking your child out of the country or even Indiana. Below are additional travel conditions and restrictions that you may need to include:
  • Prearrange to share your itinerary with your co-parent
  • Provide ways for your child to communicate with their other parent on the trip
  • Length of the vacation
  • Give proper notice to the other parent before leaving on your trip
It’s easier to plan a summer vacation with your child if you have a civil relationship with their other parent. Keep that in mind going forward.

Can parents dictate who goes on the trip?

This can become important if one parent wants to include their current paramour in their vacation plans. Can you object to the presence of your ex’s love interest? Possibly, if their lack of sobriety or poor choices puts the kids at risk. To learn more, work closely with your trusted legal adviser to determine the best path forward.]]>