Pritzke & Davis, LLPPritzke & Davis, LLP2026-04-27T18:06:17Zhttps://www.pritzkeanddavis.com/feed/atom/WordPress/wp-content/uploads/sites/1602819/2021/08/cropped-PritzkeDavis_SITEICON_512x512_AUG21-32x32.jpgOn Behalf of Pritzke & Davis, LLP<![CDATA[Can I still get a settlement if I wasn’t wearing a seatbelt?]]>https://www.pritzkeanddavis.com/?p=474172026-04-27T18:06:17Z2026-04-27T18:06:17ZMany people assume that not wearing a seatbelt automatically forfeits their right to seek compensation after a crash. However, that is simply not true. Indiana law requires seatbelt use, but skipping it does not mean you are liable for the accident. If another driver rear-ended you, they remain responsible for your collision. As a result, you can still pursue a settlement. To understand why, it helps to first look at how Indiana assigns fault.
How Indiana’s fault rules work
Indiana follows a modified comparative fault rule. Under this rule, you can recover damages as long as your share of fault does not exceed 51%. A seatbelt does not cause crashes. However, the defense may argue that not wearing one contributed to the severity of your injuries. Therefore, that argument can affect your compensation, but it does not eliminate your right to file a claim. With that framework in mind, you need to understand how your seatbelt use may factor into your specific case.
What not wearing a seatbelt means for you
In the past, Indiana courts rarely factored seatbelt use into personal injury cases. But recently, that has changed. If you are over 15 years old, the defense can now introduce your lack of a seatbelt as a relevant consideration. They may contend that while they caused the accident, not buckling up worsened your injuries. This makes your case more complex. However, it does not prevent you from seeking a settlement from the at-fault driver. In fact, you may still be eligible to recover a range of damages.
Four damages you can still recover
Even though you were not wearing your seatbelt in an Indiana crash, you may still recover damages across several areas. Here is what that can include:
Medical expenses: You can seek reimbursement for hospital admission, surgeries and physical therapy related to your injuries.
Lost wages: If your injuries prevented you from working, you may recover the income you lost during your recovery.
Pain and suffering: You can pursue compensation for the physical pain and emotional distress the accident caused you.
Property damage: You can seek costs to repair or replace your damaged vehicle.
These damages can accumulate significantly and every dollar matters during your recovery. This is why gaining a clear understanding of what you qualify for is the first step toward protecting your financial future.
Know your options after a collision
Not wearing a seatbelt adds complexity to your case, but it does not make recovery impossible. Fortunately, Indiana's fault rules still provide you with a viable path forward. The most important thing you can do right now is take stock of your rights and gain a full understanding of what your circumstances allow. The sooner you gain that clarity, the better positioned you are to make informed decisions about your next steps.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[How does Indiana treat repeat DUI offenses?]]>https://www.pritzkeanddavis.com/?p=474082026-01-22T14:14:03Z2026-01-22T14:14:03ZA DUI charge in Indiana carries serious consequences, and those consequences increase when the court sees prior offenses. If you face a repeat DUI, understanding how Indiana law handles these cases helps you prepare for what comes next. Penalties grow with each offense and affect more than just driving privileges.
How Indiana defines a repeat DUI
Indiana treats a DUI as repeat when a person has a prior conviction within a set lookback period. A second offense within seven years brings harsher penalties than a first. Courts also review whether aggravating factors exist, such as high blood alcohol content or an accident.
Penalties for a second DUI offense
A second DUI offense in Indiana often rises to a misdemeanor with higher fines and potential jail time. License suspension lasts longer, and courts may require substance education programs. Judges can also order ignition interlock devices to restrict driving.
Consequences of a third DUI charge
A third DUI offense within seven years can become a felony. Felony charges carry longer incarceration ranges and larger fines. A felony conviction also creates long-term effects on housing, employment, and professional licensing.
Additional factors that increase penalties
Certain factors raise penalties even more. Driving with a child in the vehicle, causing injury, or refusing a chemical test can result in added charges. Prior DUI convictions from other states may also count under Indiana law.
How repeat DUI charges affect your license
Repeat DUI offenses lead to extended license suspensions. In some cases, courts limit driving to work or medical needs. Reinstatement often requires fees, proof of insurance, and compliance with court orders.Facing a repeat DUI brings more pressure and higher stakes. Learning how Indiana handles repeat offenses allows you to make informed decisions and understand possible outcomes. Each criminal case depends on timing, prior history, and the facts of the stop.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[2 tips on proving lost wages in a personal injury case in Indiana]]>https://www.pritzkeanddavis.com/?p=474072025-10-23T12:32:56Z2025-10-23T12:32:56ZGather the essential documents
To build a strong personal injury case, you must have substantial evidence, such as:
Evidence of the accident: These can help you show the connection between the accident and your condition.
Pay stubs: These can establish your regular earnings and any changes in your income due to absence from work.
Letter from employer: This can verify your employment and outline the days you missed work due to the injury.
Medical records: These can prove the severity of your condition.
Gathering these documents can help you demonstrate the extent of your injuries, establish the cause of your condition and support your compensation claim.
Present your case in an orderly manner
When pursuing a compensation claim, you need to present your case clearly. Consider these recommendations on how you can do so:
Label pieces of evidence properly with appropriate date and time stamps.
Emphasize the significant change in income due to missed work.
Write a personal statement to explain how your injury affected your ability to work.
If you are unsure about your presentation, a lawyer can offer legal guidance and suggestions for improvement.
Learn more about personal injury claim filings in Indiana
Filing a personal injury claim can help you recover lost income. However, this process is complex and consists of multiple steps that you should not miss. It is wise to research important laws in Indiana about this matter. Doing so can help you avoid missing important deadlines and calculate your expected compensation amount.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[What are the different types of divorce?]]>https://www.pritzkeanddavis.com/?p=474032025-07-23T22:39:18Z2025-07-23T22:39:18ZDivorce can be a difficult and overwhelming process. In Indiana, several types of divorce options exist to help individuals navigate this challenging time. Understanding the different types can help you determine the right path for your situation.
Contested divorce
In a contested divorce, both spouses disagree on one or more key issues, such as property division, child custody, or spousal support. These disagreements often lead to a trial, where a judge will make the final decisions. A contested divorce can be time-consuming and expensive, but it may be necessary if an agreement can't be reached outside of court.
Uncontested divorce
An uncontested divorce occurs when both spouses agree on all terms of the divorce, including property division, child custody, and support. This type of divorce is generally quicker and less costly because it doesn't require a lengthy court process. Both parties will submit a settlement agreement, and the judge will review it to ensure fairness before granting the divorce.
Limited divorce
A limited divorce, also known as a legal separation, allows spouses to live separately while maintaining their legal marriage. It does not dissolve the marriage, but it may address issues like property division, child custody, and support. Limited divorce is an option for couples who need time apart but aren't ready to end the marriage completely.
Default divorce
A default divorce occurs when one spouse files for divorce and the other spouse fails to respond or appear in court. If the non-filing spouse does not contest the divorce or doesn't show up, the court may grant the divorce based on the filing spouse's requests. This process is typically quicker since no dispute exists.
Collaborative divorce
In a collaborative divorce, both spouses and their attorneys work together to resolve issues outside of court. This method encourages open communication and problem-solving. The goal is to reach a fair settlement without a trial. If an agreement cannot be reached, both parties will need to hire new attorneys to proceed with the divorce through litigation.Divorce can be a challenging experience, but understanding the different types can help you choose the best option for your situation. Whether through cooperation or court involvement, each type has its advantages and drawbacks.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[How to plan for minor children in your estate]]>https://www.pritzkeanddavis.com/?p=473932025-05-09T19:33:21Z2025-05-09T19:33:21ZPlanning for minor children in your estate ensures that their well-being stays protected after you're gone. If you have children under 18, you must make decisions about guardianship, financial management, and more. Here's how to make sure you put everything in place.
Designating a guardian
Selecting a guardian for your minor children is one of the most important decisions you’ll make. A guardian will care for your children if you can't. Choose someone who shares your values, parenting style, and has the financial stability to handle the responsibility. Have an open conversation with the person you choose to make sure they understand the role and agree to take it on.
Setting up a trust for your children's inheritance
A trust lets you control how your assets get distributed to your children after you pass. Minor children can’t legally inherit until they reach adulthood, so a trust helps ensure someone manages your assets until your children are old enough to handle them responsibly. Set the age at which they’ll receive the funds, and add any conditions you want to be met.
Appointing a financial guardian
Along with a physical guardian, consider appointing someone to manage your children’s finances. This person will ensure that the trust funds get used properly for your children’s needs, such as education, health care, and activities. Pick someone you trust completely because they’ll manage the financial aspects of your estate.
Reviewing your life insurance policy
A life insurance policy can provide essential financial support to your children if something happens to you. Ensure your policy covers enough to support your children’s education, living expenses, and health care. Name the trust as the beneficiary to make sure the life insurance funds get managed for your children.
Keeping your estate plan updated
As your children grow and your life changes, update your estate plan. Review your plan regularly, especially after life events like the birth of another child, changes in your financial situation, or a move to a new state. Keeping your plan current helps ensure your children's future stays protected.Planning for minor children in your estate requires time and careful thought. By making the right choices now, you can rest easy knowing your children will be cared for and provided for after you're gone.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[What happens if a seller hides property defects?]]>https://www.pritzkeanddavis.com/?p=473922025-01-31T17:53:46Z2025-01-31T17:53:46ZUndisclosed property defects can create major legal challenges for buyers and sellers in real estate transactions. These defects include structural damage, plumbing issues, mold, or faulty electrical systems that were not revealed before the sale. When a seller fails to disclose known defects, the buyer may have legal grounds to seek compensation.
Seller's duty to disclose
Indiana law requires sellers to disclose known defects that could impact a property's value or safety. The state mandates a Seller’s Residential Real Estate Sales Disclosure Form, which outlines material defects, including structural issues, plumbing failures, and environmental hazards. However, Indiana follows a "buyer beware" approach, meaning buyers must conduct thorough inspections. While sellers must disclose known issues, they are not required to investigate for defects. Fraudulent misrepresentation, such as deliberately hiding defects, remains illegal and can lead to legal consequences.
Legal options for buyers
Buyers in Indiana who discover hidden defects after purchasing a property may have legal remedies. These can include rescinding the sale, negotiating compensation, or filing a lawsuit for fraud or misrepresentation. Under Indiana law, buyers must prove that the seller was aware of the defect and intentionally concealed it. Additionally, if a real estate agent or inspector failed to disclose an issue that should have been identified, buyers may have grounds for legal action against them.
Role of home inspections
A professional home inspection helps uncover potential defects before closing a deal. Buyers should review inspection reports carefully and ask follow-up questions. If a seller refuses to allow an inspection or pressures a buyer to waive inspection rights, it could be a red flag that problems exist.Clear communication and thorough documentation can prevent disputes over property defects. Sellers should provide full disclosure statements, and buyers should conduct their own due diligence. If defects are discovered, both parties can negotiate repairs or price adjustments before finalizing the sale. Understanding the legal obligations of real estate transactions can help avoid costly litigation.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[How to prevent children from becoming a distraction while driving]]>https://www.pritzkeanddavis.com/?p=473912024-10-30T14:19:55Z2024-10-30T14:19:55ZDriving with children in the car can be challenging, as they can easily become a distraction. Keeping your focus on the road is crucial for everyone's safety. If you have children, it is helpful for you to know some strategies to prevent children from becoming a distraction while you're behind the wheel.
Prepare ahead of time
Planning ahead can make a big difference in keeping children occupied during car rides. Pack snacks, drinks, and toys that can keep them entertained. Make sure these items are within reach so you don't have to turn around or take your hands off the wheel. Set up a playlist or download audiobooks that your children enjoy to keep them engaged.
Establish car rules
Setting clear rules before the trip starts can help reduce distractions. Explain to your children that they need to stay in their seats, keep their voices at a reasonable level, and avoid asking you to look at things while you are driving. Remind them that following these rules is important for everyone's safety.
Use technology wisely
Technology can be a helpful tool to keep children entertained on long drives. Tablets, phones, or portable DVD players can provide a distraction that keeps them occupied. Make sure you set the device up before you start driving and adjust the volume to a level that won't distract you. Limit screen time if necessary, but use it as a way to keep them engaged during longer trips.
Take breaks on long trips
If you are going on a long drive, plan regular breaks so your children can stretch their legs, use the bathroom, or burn off some energy. Taking breaks can help prevent restlessness, which often leads to distractions. Use these breaks as an opportunity to address any needs they might have, so they are more comfortable when you get back on the road.
Keep calm and stay focused
It's easy to become frustrated when children are being noisy or demanding. Take a deep breath and stay calm, even when things get chaotic. Reacting with frustration can make the situation worse and cause you to lose focus on driving. Staying patient will help you handle the situation better.Preventing children from becoming a distraction while driving takes preparation, patience, and clear communication. By knowing what steps to take, you can create a safer environment for everyone in the car and help ensure a distraction-free drive.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[5 benefits of alternative dispute resolution]]>https://www.pritzkeanddavis.com/?p=473902024-08-09T18:56:39Z2024-08-09T18:56:39ZExploring alternative dispute resolution (ADR) when dealing with family law issues can be helpful. This approach has many advantages compared to going to court, and being aware of these benefits can help empower your decision-making.
Saves money and time
One benefit of ADR is that it can save money. Going to court can be expensive with all of the lawyer fees, court costs, and other expenses. ADR methods like mediation and arbitration usually have fewer steps, which helps make them cheaper. Also, ADR often settles disputes faster than going to court.
Privacy and confidentiality
Family matters are personal, and many people want to keep them private. Unlike court cases, which are often public, ADR sessions stay private. As such, they help keep sensitive information between the involved parties.
Less conflict
Courtroom battles can be stressful and even traumatic, especially when children are involved. ADR provides a less confrontational environment, which encourages cooperation and communication.
Preserving relationships
Family law disputes often involve ongoing relationships, like those between parents and children. ADR helps maintain these relationships by promoting respectful and constructive dialogue. By focusing on problem-solving, ADR can help families build a foundation for future interactions.
Customized solutions
Every family is unique, and ADR allows solutions that fit the specific needs of the parties involved. Mediators consider the details of each case and craft agreements that address the family's particular circumstances. This personalized approach often leads to more satisfactory outcomes for everyone involved.
Moving forward together
For families in Indiana, ADR offers an alternative to traditional court proceedings. This fosters a more collaborative and positive resolution process. By considering ADR, you can navigate family law disputes more effectively, which paves the way toward a better future.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[What you need to know about car accidents and insurance disputes]]>https://www.pritzkeanddavis.com/?p=473822024-05-03T17:27:54Z2024-05-03T17:27:54ZThe claims process
After a car accident, the first step is to file a claim with your insurance company. This involves providing details about the accident, the damage to your vehicle and any injuries you or others sustained. It is important to be thorough and honest in this report. The insurance company will review the claim and decide how much they are willing to cover.
Why disputes arise
Disputes often arise when the insurance company offers less compensation than the cost of repairs or medical expenses. This can happen for several reasons. The insurance company might argue that the damage to the vehicle was less severe than reported or that pre-existing conditions are responsible for the injuries claimed. The National Library of Medicine reported that the average cost of non-fatal car accident injuries treated in emergency rooms was $6,620.
If you have a dispute with your insurance company, it is important to stay calm and organized. Collect all relevant documents and evidence related to your claim. This might include photos from the accident scene, a copy of the police report, medical records, repair shop estimates and any correspondence with the insurance company.
How to handle disputes effectively
Once you have all your evidence, you can write a detailed letter to the insurance company explaining why their assessment is incorrect. Be clear and concise in your communication. If the insurance company still refuses to provide a fair settlement, you might consider hiring a lawyer. They understand the intricacies of insurance laws and can negotiate with the insurance company on your behalf.
Dealing with insurance disputes after a car accident can be daunting. However, with the right preparation and understanding of the process, you can effectively manage these challenges. This can significantly influence the outcome of your claims and ensure you receive the compensation you need to recover from the accident.]]>On Behalf of Pritzke & Davis, LLP<![CDATA[Will I be responsible for my spouse’s student debt after divorce?]]>https://www.pritzkeanddavis.com/?p=473812024-02-07T20:36:50Z2024-02-07T20:36:50ZEquitable distribution
Indiana is an equitable distribution state, meaning that marital assets do not necessarily undergo a 50/50 split during a divorce. Instead, the court evaluates all assets and aims to divide them fairly, even if not necessarily equally. Indiana divorce law specifies that marital debts are also part of the consideration during division and will be subject to equitable distribution.
Considering the benefits of education
If your spouse acquired their student debt prior to marriage, then the court will likely exclude it from any marital debts. However, your spouse might attempt to assert that you benefitted significantly from their education. If they can prove that their education somehow played a part in increasing your career prospects, for example, the court may be willing to consider the student debt during equitable distribution.
Steps to protect yourself
To protect yourself from potential liability for your spouse's student debt, you can take steps to establish your financial independence. Keep separate bank accounts, avoid co-signing loans and be cautious about taking on joint debts. Additionally, consider addressing the issue of student loans in a prenuptial or postnuptial agreement to establish clear guidelines for debt division.
The responsibility for a spouse's student debt after divorce ultimately depends on various factors the nature of the debt and any existing legal agreements. Remain aware of these factors and take proactive steps to protect your financial interests during the divorce process.]]>