エピソード

  • Handling Product Liability Claims

    Handling Product Liability Claims
    2020/12/21

    Episode 5:  Evansville-area attorney Todd Barsumian explains the type of product liability claims pursued by product liability attorneys in this episode of the Barsumian Armiger Injury Law Podcast. 

    The basic premise of product liability actions is that manufacturers should be held responsible for injuries caused as a result of unreasonably dangerous and defective products they put into the stream of commerce. Consumers assume that when a manufacturer brings a new product to the market, it is not going to be defective and cause injuries and harm to consumers who use the product.  If a product does cause harm, product liability attorneys try to figure out how and why it happened.  If the product is determined to be unreasonably dangerous, the manufacturer may be subject to a product liability claim and/or lawsuit.

    Potential Causes of Product Liability

    • Defective Design
    • Manufacturing Defect
    • Failure to Warn

    Product liability involves many different types of consumer products, such as cars or trucks, pharmaceutical products, medical devices, and other products.  Asbestos and various types of component materials and cancer-causing agents in products may also cause a product to be deemed unreasonably dangerous and thus potentially the focus of a product liability claim.  Some products, like the mined natural mineral fiber asbestos and products manufactured from it, have been linked to “designer diseases” such as mesothelioma.

    Product liability claims can be difficult and expensive to prosecute, often involving complex questions requiring expert testimony from physicians, epidemiologists, engineers and other experts. Many product liability claims are litigated as part of multi-district litigation involving thousands of similar claims asserted against a particular manufacture throughout the country.  A variety of product liability law firms are often at the forefront of each particular, multi-district product liability docket.

    Barsumian Injury Law has handled product liability claims directly on behalf of consumers and as local counsel with other firms in national product liability litigation.

    How Much Does It Cost to Hire Barsumian Armiger Injury Lawyers?

    Barsumian Armiger Injury Lawyers offers free consultations and works on a contingency-fee basis, which means there are no attorney’s fees or expenses unless there’s a recovery in a case.  There are no upfront costs.  The firm advances case expenses and charges a percentage of the recovery.  The firm only gets paid an attorney’s fee and only gets reimbursed its expenses if at the conclusion of a case the client obtains a recovery. However, if there is no recovery, clients will not owe any attorney’s fees or expenses.

    Barsumian Armiger Injury Lawyers has offices in Newburgh, Evansville, and Fishers, Indiana.  Todd Barsumian represents clients in both Indiana and Kentucky.  Jonathan Armiger represents clients throughout Indiana.

    Want More Information?

    You can visit www.BarsumianLaw.com or call the attorneys of Barsumian Armiger Injury Lawyers to see if they can help you or your family.  Principal office located at 5455 Old Indiana 261, Newburgh, IN 47630.  Co-host Jim Ray is a non-attorney spokesperson.  Services may be performed by another attorney in the firm.  This podcast is for informational purposes only, does not constitute legal advice, is not intended to establish standards of legal practice, and does not establish an attorney-client relationship with the listener.  This is an advertisement (i.e. marketing material).  If you were injured in Indiana or Kentucky, you can contact the firm at (844) 268-7775.

     
    続きを読む 一部表示
    31 分
  • What is Premises Liability?

    What is Premises Liability?
    2020/09/25
    Episode 4:  Evansville-area attorney Todd Barsumian explains premises liability claims in this episode of the Barsumian Armiger Injury Law Podcast.  Premises Liability involves the duty property owners owe to the people they invite onto their property.  This often involves the liability of business or store owners when a customer or visitor sustains an injury.  Parking Lot Injuries Claims might arise if a foreign substance, such as an oil slick, is present in the parking lot causing someone to slip or fall.  They could also arise from damage sustained due to an unmarked pothole.  Snow and ice are often problematic.  A business owner should take reasonable steps to ensure the safety of its patrons.  The exact standards can vary, especially during an on-going snowstorm.  Property owners are expected to take care of issues/conditions they knew or should have known were going to be dangerous to others. Indiana is a comparative-fault state.  Under this system, if the person injured is more than 50% at fault for the accident and/or injury, he/she is unable to recover damages.  Both parties have a duty of reasonable care to avoid dangerous situations.  In premises liability cases, the burden is on the plaintiff (injured person) to prove the business is 50% or more at fault for the damages incurred. Insurance companies covering businesses still understand there is risk when an injury attorney, such as Todd Barsumian, files a lawsuit against the business.  Experienced trial attorneys understand how to present the evidence and counter arguments made by the insurance companies and their attorneys.  If they determine the risk is too high they may lose the case, a settlement offer may be made in an effort to avoid risking an adverse jury verdict. Injuries Inside the Store If it’s raining or snowing, customers could slip on standing water or fall due to a mat that flipped over.  This often happens at an entrance or exit.  Again, this comes back to the duty a store-manager or business owner has to maintain the safe condition of the premises. The store or business may have internal standards or policies for inclement weather conditions.  If it can be proven the employees or managers failed to comply with the policies, the injured individual may have a stronger case. “Cleanup in Aisle 6” Customers may be at risk of slipping on liquids or fluids in store aisles.  It’s often a question of where the substance came from, how long it hand been there, and whether the employees complied with their duty to warn patrons and/or clean up the substance.  Dishwashing liquid falling off a shelf is one example.  Often the attorneys will request security camera footage to try to prove the spilled liquid was left unaddressed.  An incident report may also exist.  It’s important to determine multiple factors.  How did the spill happen?  Were there signs or cones marking off the area?  From a legal standpoint, claimants must prove the following in a negligence case: Duty (the nature of the parties’ relationship to each other and the property)Breach (the owner knew or should have known a danger existed and the owner/manager/employees failed to act to resolve the danger)Causation (the injuries were directly related to the fall)Damage (pain and suffering, physical injuries, medical bills, lost wages, etc.) Objects Falling from Shelves This situation can occur if merchandise isn’t properly secured.  Heavy items shouldn’t be placed on high shelves.  Stores should have policies on how merchandise is stored.  Unfortunately, an employee may decide to violate the policy and ignore the risk.  Falling items may cause a direct impact when falling and may also cause falls if the items are not timely picked up.  If the victim is elderly, these injuries can result in serious trauma.  In the worst cases, that trauma may lead to the death of the individual.  This is when a wrongful death claim would be made.  Premises liability cases can be very complex.  The attorneys at Barsumian Injury Law have experience with these cases and are available to speak with you. How Much Does It Cost to Hire Barsumian Armiger Injury Lawyers? Barsumian Armiger Injury Lawyers offers free consultations and works on a contingency-fee basis, which means there are no attorney’s fees or expenses unless there’s a recovery in a case.  There are no upfront costs.  The firm advances case expenses and charges a percentage of the recovery.  The firm only gets paid an attorney’s fee and only gets reimbursed its expenses if at the conclusion of a case the client obtains a recovery. However, if there is no recovery, clients will not owe any attorney’s fees or expenses. Barsumian Armiger Injury Lawyers has offices in Newburgh, Evansville, and Fishers, Indiana.  Todd Barsumian represents clients in both Indiana and Kentucky.  Jonathan Armiger represents clients throughout Indiana. Want More Information? You can visit ...
    続きを読む 一部表示
    32 分
  • Meet Attorney Jonathan Armiger

    Meet Attorney Jonathan Armiger
    2020/09/09
    Episode 3:  Today, Indianapolis-area personal injury attorney Jonathan Armiger of Barsumian Armiger Injury Lawyers discusses his background and his approach to handling personal injury and medical malpractice cases for clients in Indiana. Jonathan grew up in the Indianapolis area.  He attended Indiana University in Bloomington for his undergraduate business degree and graduated from the Indiana Maurer School of Law in 2011.  He has spent his entire legal career representing individuals and families in personal injury and medical malpractice cases. After years working for two other Indianapolis-area personal injury law firms and operating his own firm, Jonathan joined Todd Barsumian and opened up the Barsumian Injury Law Fishers office on the northeast side of Indianapolis in 2018. What Types of Cases to You Handle? As an Indiana personal injury attorney, Jonathan Armiger handles cases across the state.  He’s recovered millions of dollars for my clients.  He handles car accident cases to complex medical malpractice cases involving birth injury, brain injury and wrongful death. Why Did You Decide to Focus on Injury Cases? Jonathan loves helping individuals and families through the legal process. He understands the tremendous physical, emotional, and financial toll that injuries and the loss of a loved one can have on his clients. He works hard to recover compensation and obtain justice for them during difficult times. How Can You Help an Injured Client? Jonathan acts as a guide and advocate for his clients through the legal process. The legal process can be overwhelming. It is unfamiliar to most people. He seeks to recover compensation and accountability for wrongs that have been done, and to the extent he can, help ensure that what has happened does not happen to someone else. He tries to make the world a safer place by enforcing the law through the civil process. What Do You Do When a Person Contacts You for the First Time? Sometimes potential clients contact the firm after suffering a recent injury or loss. At other times, it may have been several months since the injury or loss occurred. He helps his clients understand their legal rights. He helps his clients focus on what’s most important, themselves, their recovery, and their families, while he focuses on getting justice for them. Jonathan helps his clients understand the process and he keeps them up to date throughout the process, which in many cases can take years. He believes good communication and responsiveness to clients is a vital aspect to serving his clients. He takes time to answer questions and to help his clients understand how their cases are being handled.  He tries to make the legal process as easy as it can be during very difficult times. While the legal system provides an opportunity for personal injury and medical malpractice victims to pursue financial compensation for the damages suffered, compensation does not change what happened. Clients wish their spouse or loved one was still with them. They wish they did not have to deal with pain and permanent impairments every day. They would like to be able to go back to enjoying life and providing for themselves and their families. Jonathan knows how to handle personal injury and medical malpractice cases and is proactive in positioning cases to best present them to insurance adjusters, medical review panels, defense counsel, judges and juries. How Much Does It Cost to Hire Barsumian Armiger Injury Lawyers? Barsumian Armiger Injury Lawyers offers free consultations and works on a contingency-fee basis, which means there are no attorney’s fees or expenses unless there’s a recovery in a case.  There are no upfront costs.  The firm advances case expenses and charges a percentage of the recovery.  The firm only gets paid an attorney’s fee and only gets reimbursed its expenses if at the conclusion of a case the client obtains a recovery. However, if there is no recovery, clients will not owe any attorney’s fees or expenses. Barsumian Armiger Injury Lawyers has offices in Newburgh, Evansville, and Fishers, Indiana.  Todd Barsumian represents clients in both Indiana and Kentucky.  Jonathan Armiger represents clients throughout Indiana. Want More Information? You can visit www.BarsumianLaw.com or call the attorneys of Barsumian Armiger Injury Lawyers to see if they can help you or your family.  Principal office located at 5455 Old Indiana 261, Newburgh, IN 47630.  Co-host Jim Ray is a non-attorney spokesperson.  Services may be performed by another attorney in the firm.  This podcast is for informational purposes only, does not constitute legal advice, is not intended to establish standards of legal practice, and does not establish an attorney-client relationship with the listener.  This is an advertisement (i.e. marketing material).  If you were injured in Indiana or Kentucky, you can contact the firm at (844) 268-7775.
    続きを読む 一部表示
    32 分
  • Handling Medical Malpractice Cases

    Handling Medical Malpractice Cases
    2020/08/24
    Episode 2:  Today, Evansville personal injury attorney Todd Barsumian discusses the complexities of handling medical malpractice cases.  These cases require extensive litigation experience, the ability to effectively question medical experts and the ability to understand medical procedures and standards of care.  They are some of the most challenging cases any attorney will encounter. Many times, clients initially are simply looking for answers.  The surgical outcome may have been unexpected.  Maybe something the doctor explained didn’t seem right.  At other times, there may have been obvious mistakes, which may constitute medical negligence on behalf of the physician or other healthcare provider. Medical Review Panel Process Todd is licensed in both Indiana and Kentucky.  There are substantial differences in the law between these two states.  Unlike Kentucky, Indiana law requires medical malpractice cases to go before a medical review panel.  This panel is usually made up of 3 physicians with experience in the specific type of medicine and/or medical procedure.  This is handled through the Indiana Department of Insurance. The medical review panel process isn’t a trial.  At this stage, information and supporting material is submitted to the panel.  Sometimes, limited testimony will be involved.  The panel will review the material in an effort to determine if they see a breach of the standard of care AND that the breach directly contributed to the injury to or death of the patient. The process can take upwards of two years to complete.  This is one of the challenges involved in the decision to take a case to trial.  Part of the time is based on the efforts required to gather and thoroughly review all of the medical records.  Some of these records can be hundreds or thousands of pages.  It’s a very comprehensive process, especially because the plaintiff’s attorney will need to be able to prove the current situation wasn’t due to a pre-existing or unrelated situation. Contributory Negligence Under the Indiana Medical Malpractice Act, it’s possible for the defense to claim the patient-victim bears some responsibility for the outcome.  This is commonly referred to as contributory negligence.  This can happen if the patient failed to fully disclose a full medical history, issues or conditions to the treating physician.  If the Panel Decides Against Your Case There are still limitations and guidelines involved.  A statute of limitation is a specific period of time in which you have to file a lawsuit.  If a lawsuit is going to be filed, it must happen within this window of time.  If the suit is not filed in time, the victim is barred from pursuing the case. Ultimately, if the panel decides you don’t have a case, the attorney can still pursue the lawsuit, but it will be more difficult.  The members of the panel can often be called to testify as to why they decided the way they did (either for or against). Was It Malpractice? Medicine is not a perfect science.  There are many variables and bad outcomes can still occur.  This does not mean the physician or healthcare provider actually violated the established standard of care.  Many of these adverse outcomes are noted in the informed consent forms the patient fills out in the hospital.  However, these forms don’t relieve the physician from adhering to the standard of care.  At times, the standard of care is open to interpretation and physicians can disagree.  This is why the Medical Review Panel offers an opinion and lawsuits are ultimately pursued. Assuming there was a breach of the standard of care, your attorney still needs to prove the defendant was the one responsible for the breach AND that the breach caused the negative outcome.  The question of “causation” is vital to a medical malpractice case.  Not every medical error is a factor in the injury to or death of the patient.  This is a significant complexity in litigating medical negligence cases. Why Do Attorneys Use Medical Experts? Attorneys who take on medical malpractice cases usually need to rely on medical experts to support the case.  In testifying as medical experts, or reviewing medical records before the case gets filed or goes to trial, experts provide qualified opinions regarding the presence of negligence. If the case actually goes to trial, the jury will usually strongly consider the testimony of a physician expert, and in most cases expert testimony is required.  Signs I May Need to Contact a Medical Malpractice Attorney Todd Barsumian is a skilled trial attorney.  Medical malpractice cases are complicated.  They require a commitment to the client and the financial ability to properly prepare and litigate the case. These are some of the common signs you or a loved one may be a victim of medical malpractice: Has the doctor or staff suddenly become less open to your questions?Is your healthcare provider reluctant to discuss the outcome ...
    続きを読む 一部表示
    39 分
  • Meet Injury Attorney Todd Barsumian

    Meet Injury Attorney Todd Barsumian
    2020/08/03
    Episode 1:  In this introduction to his new podcast, Evansville-area personal injury attorney Todd Barsumian provides some background information about his connections to the Newburgh-Evansville area, his personal injury law firm and the types of cases he handles for people in both Indiana and Kentucky. The firm’s main office is in Newburgh, on the corner of Old State Road 261 and Bell Road, beside the post office.  The firm also has an office in Evansville and a separate office in Fishers, a suburb of Indianapolis. Barsumian Armiger Injury Lawyers is a boutique injury firm focusing primarily on automobile accidents, motorcycle accidents, pedestrian collisions, tractor-trailer wrecks and medical malpractice cases.  Todd is an experienced trial lawyer who understands the complexity and nuances of litigation.  He’s licensed to practice in Indiana and in Kentucky.  As a small firm, you’ll be able to speak to an attorney, not a just case manager. Surprisingly, most cases settle before they go all the way to trial.  The risk, to both sides, of taking a case to trial are significant.  For many reasons, cases are negotiated to a settlement, unless the parties can’t reach a fair resolution.  Once a case is filed in court the timeframe is drastically lengthened, which can also be a factor in a decision to file or settle the claim. Insurance companies and their attorneys consider both the facts of the case and the background of the victim’s attorney.  Todd’s firm undertakes representation in each case with the understanding it may go to trial. How Does Barsumian Armiger Injury Lawyers Help? In handling an injury case, Todd understands there are two primary ways he can help an injured person or a grieving family.  One way is to do everything possible in an effort to maximize a settlement or jury verdict.  The pain and anguish of a serious accident, or wrongful death, can’t be taken away.  If it was a fatal accident, or the victim later dies as a result of the injuries, nothing will bring that person back.  Sometimes it’s the financial impact of a successful case that enables a family or the spouse to move forward.  At the same time, Todd also recognizes the other way he’s able to help is by providing a sense of closure for the victim and/or family.  Sometimes it’s just peace of mind knowing the negligent party was finally held accountable that enables the victim and his/her family to accept the situation and, again, to move forward.  A fair monetary settlement can be a measure of accountability. The Right Approach Solid case preparation is key to being successful at trial.  Attorneys must understand the facts, know how to interpret an analysis performed by an accident reconstructionist and take a skillful deposition of a physician or other individual.  This is why the firm approaches each case as if it were ultimately going to be tried in a court of law.  Attention to detail and effective communication are necessary to understand how to deal with potential jurors and the jurors who will actually participate in the trial. How Much Does It Cost to Hire Barsumian Armiger Injury Lawyers? Barsumian Armiger Injury Lawyers offers free consultations and works on a contingency-fee basis, which means there are no attorney’s fees or expenses unless there’s a recovery in a case.  There are no upfront costs.  The firm advances case expenses and charges a percentage of the recovery.  The firm only gets paid an attorney’s fee and only gets reimbursed its expenses if at the conclusion of a case the client obtains a recovery. However, if there is no recovery, clients will not owe any attorney’s fees or expenses. Barsumian Armiger Injury Lawyers has offices in Newburgh, Evansville, and Fishers, Indiana.  Todd Barsumian represents clients in both Indiana and Kentucky.  Jonathan Armiger represents clients throughout Indiana. Want More Information? You can visit www.BarsumianLaw.com or call the attorneys of Barsumian Armiger Injury Lawyers to see if they can help you or your family.  Principal office located at 5455 Old Indiana 261, Newburgh, IN 47630.  Co-host Jim Ray is a non-attorney spokesperson.  Services may be performed by another attorney in the firm.  This podcast is for informational purposes only, does not constitute legal advice, is not intended to establish standards of legal practice, and does not establish an attorney-client relationship with the listener.  This is an advertisement (i.e. marketing material).  If you were injured in Indiana or Kentucky, you can contact the firm at (844) 268-7775.
    続きを読む 一部表示
    36 分
  • Announcing the Launch of the Barsumian Armiger Injury Law Podcast

    Announcing the Launch of the Barsumian Armiger Injury Law Podcast
    2020/07/24

    We’re excited to announce the upcoming launch of the Barsumian Armiger Injury Law Podcast.  Evansville-area attorney Todd Barsumian has handled car wrecks, motorcycle accidents, trucking collisions and medical malpractice cases for over 20 years.  

    He’s licensed in Indiana and Kentucky and with offices in Newburgh, Evansville and Fishers, the firm services southern IN, western Kentucky and the greater Indianapolis metropolitan area.  

    Todd will share insights about the law and maximizing the value of your injury case.

    For more information, visit www.BarsumianLaw.com and follow us on Facebook.

    That’s the Barsumian Armiger Injury Law Podcast, launching soon!

    Want More Information?

    You can visit www.BarsumianLaw.com.  The firm also has an active Facebook page.  

    Disclaimers:

    Principal office located at 5455 Old Indiana 261, Newburgh, IN 47630.  This was a non-attorney spokesperson.  This is an advertisement (e.g. marketing material).  Services may be performed by another attorney in this firm.  This podcast is for informational purposes only, does not constitute legal advice, is not intended to establish standards of legal practice, and does not establish an attorney-client relationship with the listener.  If you were injured in Kentucky or Indiana, you can contact the firm at (844) 268-7775.
    続きを読む 一部表示
    1 分