Accident-Injury Lawyers

Are You or a Loved One Considering a Nursing Home?

2012-01-27T12:20:00.000-08:00

Or an assisted-living facility? Aside from the various contracts and ways to pay for it that most nursing homes offer, (which all need to be carefully reviewed for your best financial approach) you need to be aware how DISPUTES with the facility are to be handled.

DO NOT ASSUME THAT YOU CAN HIRE A LAWYER AND FILE A LAWSUIT IN COURT WITH A JUDGE AND JURY TO HEAR YOUR CASE. In fact, you may NOT be able to do that, and, you may be required to submit any disputes or claims to ARBITRATION. In this instance, neither side can go to court, but must let an arbitrator or panel of arbitrators decide the case.

Many feel that this process unfairly protects the nursing facility from publicity of claims with no "jury of your peers" deciding factor. Many people feel juries are more inclined to rule with an injured patient than arbitrators who are professionals who may be routinely involved
with nursing homes in such cases.

Before entering a facility, "read the fine print" and know your rights. Many courts have upheld such arbitration clauses in nursing home and assisted living contracts. We can help advise you in such cases. Call us today 800-468-8736!

Settlement Loans & What They Mean for Your Case

2012-01-10T07:27:00.000-08:00

CAN I BORROW MONEY ON MY CASE BEFORE IT IS SETTLED? Lawyers individually are prohibited by ethics to loan money to a client on their their case. To do so means the attorney has "acquired an interest in the case," which is a conflict of interest prohibited by the courts.

But, you may be able to borrow from some companies who specialize in such loans, like JG Wentworth, Oasis Legal Funding, and others. If you qualify with them for a loan, both you and your lawyer must sign a re-payment agreement. Most lawyers will do so if you, as the client, want them to.

However, before signing BE SURE YOU KNOW HOW MUCH YOU WILL BE REQUIRED TO RE-PAY. The interest rates on such advances are usually very HIGH! Read the fine print!! Your lawyer can help you see if you really do want such a loan, even if the re-payment is quite expensive.

Some good news: most such loan agreements have a provision that if you do not win your case, you may not have to re-pay the loan. Again, read the "fine print" to see what you are obligated for before do the transaction.

Happy New Year from your friends at Tofaute & Spelman

2012-01-01T07:31:00.000-08:00

To our former clients, we wish you the best, now and always, and we THANK YOU for letting us help you. To our current clients, we look forward to resolving your case in the new year and making 2012 a good year for you and yours.

To all who may want to talk to us about an injury to yourself or a loved one or friend we WELCOME your calls, letters and e-mails. An experienced lawyer is always available to answer your questions.

ALWAYS REMEMBER YOU CAN TALK TO US FOR FREE, and if we take your case, you PAY US NOTHING upfront; you pay us ONLY IF WE WIN YOUR CASE, and, that pay (our attorneys fee) comes out of the settlement. IF WE DO NOT WIN, YOU DO NOT PAY US ANYTHING. Call us now or anytime. We are here to help you. 800-468-8736

Have a good, healthy, comfortable, low-stress, secure and Happy New Year. We truly wish the best to all of you. Just give us a call, and you will see!

Here's a List of the Types of Accidents & Injuries That We Can Help With

2011-11-04T07:36:00.000-07:00

Download our Crash List app for your Apple iPhone or your Android Smartphone today and always have our links and information at your fingertips. One click and you're connected to us and we have the answers you need! Click the link below! Android users click HERE!

Link to App Store

Auto Accident

Motorcycle Accident

Semi-Truck Accident

Car Wreck Accident

Motor Vehicle Accident

Dog Bites

Slip and Falls

Drunk Driving Accident

Texting / Cell Phone Accident

Railroad Crossing Accident

School Bus Accident

Bicycle Accident

Pedestrian Accident

Boating Accident

Bus Accident

Crosswalk Accident

Drug / Impaired Accident

Train Accident

SUV Accident

Watercraft Accident

Neck and Back Injury

Head and Spine Injury

Broken Bones and Nerve Damage

Concussion

Scarring Injury

Spinal Cord Injury

Amputation Injury

Paralysis Injury

Memory Loss

Hearing Loss

Vision Injury

Burn Injury

Crush Injury

RSD Cases

Disc Injury

Crippling Injury

TMJ Injury

Quadriplegic Injury

Paraplegic Injury

Pain and Suffering

Fibromyalgia

Insurance Benefits For Injured Drivers?

2011-10-12T17:57:00.000-07:00

Imagine a car wreck where one car runs into the rear of another car and hurts the driver in the front car. Got it? How many insurance benefits could apply to pay and compensate the injured driver?

DO YOU KNOW? Do you know where to look, who to talk to, and what records and documents to request and examine? We do.

THE ANSWER: 12.

Question from a reader: Why Do We Practice PI Law?

2011-10-06T06:39:00.000-07:00

Why do we practice personal injury law? We have been asked by insurance companies to be their attorneys. We refused. Why? Because we won't be told what to do, and, especially if it is something that is not right and not in the best interest of a hurt person or their family or friend.

And, to be perfectly honest, all of our attorneys "ENJOY A GOOD FIGHT!" Winning may not be the only thing, but it sure beats losing!! And, when you do that, and do it truthfully, honestly and ethically, how much better than that does it get?

Biting Your Fingernails??

2011-09-07T16:35:00.000-07:00

TOFAUTE & SPELMAN INJURY LAWYERS. You can always, repeat ALWAYS, call our firm for a FREE talk and case analysis. NO CHARGE for a case review of your specific case facts and how and where you were hurt. Was it a car wreck, fall down injury, dog bite, semi truck crash, motorcycle wreck? We handle them all and have for over 40 YEARS!! Don't sit and "bite your fingernails" CALL US. We are the "LEGAL PROFESSIONALS WHO CARE ABOUT YOU". You can stay home and let us work for you!

About Lawyers

2011-08-02T06:09:00.000-07:00

LAWYERS ARE EXPENSIVE - we aren't (we give free consultations).
LAWYERS WON'T TAKE MY CALL - we will (our firm was built on client service).
LAWYERS "TALK DOWN" TO PEOPLE - we never have, never will.
LAWYERS TRY TO BE TOO SMART - not us, we try to help.
LAWYERS DON'T GIVE FREE ADVICE - we do, it's called pro bono work.
LAWYERS CAN'T BE REACHED "AFTER HOURS" - we can and by live real people.
LAWYERS "SCARE ME" - we try not to!
LAWYERS HAVE NO SENSE OF HUMOR - not true, we LOVE "lawyer jokes"-send us one!

We really are "LEGAL PROFESSIONALS WHO CARE."

CALL TOFAUTE & SPELMAN and give our LAWYERS A TRY!!

What Do Lawyers Do For Fun?

2011-07-13T17:18:00.000-07:00

Run, exercise, clean up and mow the yard, play golf, go to horse races, watch baseball games (of our kids and grandkids) and the pros, play cards, watch football, take our wives, husbands and friends out to dinner, watch fireworks on the 4th, eat too much on Thanksgiving, help neighbors after storms or when cars won't run, make home improvements, shop for bargains at garage sales, grill out on the patio or deck, wash the car, watch basketball, and, sometimes NOTHING! Lawyers are people too! Indeed they are.

After an Injury

2011-06-27T13:23:00.000-07:00

MEDICAL TREATMENT after an injury. No one wants to sit in an emergency room or a doctor's office or be in the hospital after an injury. We all have been there, and it is no fun. But, if you don't get the treatment prescribed for you or that you need the insurance company will believe that you did not get hurt...because you did not get treatment!! Makes sense doesn't it!

3 things insurance companies LOVE to hear:

I had no car to get to the doctor or hospital or P/T sessions ordered;
I have no insurance and no money for treatment;
I could not get off work to go.

Insurance companies KNOW that these are REAL concerns, BUT THEY DON'T CARE!!!! WHY? Because there will be no records to support your case, and, without records showing your treatment, it is as if your need for medical care care really DID NOT EXIST!

Do what you can to get treatment (borrow from family and friends temporarily) ask help for rides and talk to your boss. It is surprising how often these things work. Months down the road you will be glad you did, and, feel better with good medical care too!!!

Pain and Suffering?

2011-06-27T13:06:00.000-07:00

What is legal PAIN AND SUFFERING? It is just what is sounds like!!! But, it's not quite so simple. Let's take PAIN, for example. What kind of pain (one size does NOT fit all)? Is it SHARP, THROBBING, DULL, ACHING, STABBING, BURNING???

Each word paints a different picture, doesn't it!

Is it CONSTANT, INTERMITTENT, UNRELENTING or only TEMPORARY??? See the difference a word makes? Is it GONE, or does it "come back" when you WALK, BEND, STOOP, EXERT, PULL, PUSH, OR LIFT?

Think about it before you answer a question from an insurance adjuster who wants to take your statement! The way you describe it MATTERS and can affect your case.

BETTER YET -- CALL US FIRST -- we do this everyday and help injured people get the best settlements for their claims.

Missing IU Student

2011-06-09T09:41:00.000-07:00

Lauren Spierer, 20, was last seen around 4:30 a.m., 6/3 near the intersection of College Avenue & 11th St. Info to Bloomington police: 812-339-4477 #FindLauren

http://www.iuhillel.org/

Opening Day for Terre Haute Rex Baseball

2011-06-02T07:07:00.000-07:00

Attorney Phil Tofaute helps welcome the Rex back for opening day. Play Ball!

Do You Have a Disaster Recovery Plan???

2011-05-23T15:37:00.000-07:00

TORNADOS, HAIL AND STORMS -- how do we protect ourselves? Take a look at your PERSONAL DISASTER PLANNING -- is it ok? Or, like most of us, is it time for a review?

Find a safe place for the following:

family pictures
your legal documents
will
insurance policies
birth/death certificates
social security card
military discharge
marriage records
baptism records and family bibles
adoption records and family trees
auto titles and house deeds
cemetery lot records
personal letters

Are these safe in the event of a flood or tornado? Better get them to a bank lock box or in a home safe. The victims of the tornadoes this spring WISH THEY HAD DONE SO.

And, while you are at it, now is a great time to make those yearly donations of clothes, money, and blood to the Salvation Army or American Red Cross help to them if you can.

Our thoughts and prayers go out to all the victims of the storms and flooding!

Red Cross Website

Salvation Army Website

Ethics...part 2

2011-05-20T14:25:00.000-07:00

Highly respected attorneys and those following the rules of ethics do NOT call you to get your case. They do not show up at your home, hospital room, or job and start giving you legal advice. You must ASK them to COME TO YOU FIRST.

In fact, if an attorney did that, they can be disbarred by the SUPREME COURT OF INDIANA for engaging in STRICTLY PROHIBITED UNETHICAL BEHAVIOR.

If you're in an accident and this happens to you, you SHOULD report them or their "runners" who sometimes do their dirty work for them to : G. MICHAEL WITTE, Executive Director, INDIANA SUPREME COURT DISCIPLINARY COMMISSION, 30 South Meridian Street, Suite 850, Indianapolis, IN 46204, or CALL 1-317-232-1807.

What Everyone Should Have in the Trunk of their Vehicle

2011-05-17T13:18:00.000-07:00

Ethics...and Your Case pt. 1

2011-04-26T18:14:00.000-07:00

When you talk to an insurance adjuster be VERY CAREFUL in naming money figures before you get legal advice. Once you "set a price" on your case, it is almost literally impossible to get the insurance company to go higher, even if you then get an attorney. Why? Once the insurance company sees what you will likely settle for, WHY would they pay MORE? They likely will not. TALK TO US. WE CARE AND CAN HELP YOU!

Do insurance adjusters get a bonus or fee for what they save on a claim? Generally, NO. But, we have seen some insurance adjusters BRAG about "how much they shaved" on a claim where they had been given a certain amount to pay the injured person and "got the claim for less." While they generally do not get the "difference" they may get a promotion for being able to sweet talk people. This is how they trick you! And to do this at a time when a person is vulnerable and in pain is WRONG. Be careful. Call us for a free evaluation of you case and don't get TAKEN! 800-468-8736 the call and our recommendations are free!

Why Are We Personal Injury Attorneys?

2011-04-13T07:20:00.000-07:00

How do we see ourselves as injury lawyers? We really believe that we are the WALL between an injured person and their family, and big corporations who really do not CARE about you in a PERSONAL way. We do CARE and to us, IT IS PERSONAL!!

Why do insurance companies "low ball" offers to injured people who do not have lawyers? SIMPLE -- because they can. DON'T let it happen to you and those you CARE about. Call us FIRST.

Cases that have attorneys for the injured person or their loved ones cost the insurance company MORE, and usually a LOT more. Hire Tofaute & Spelman Personal Injury Attorneys in Terre Haute, Lafayette, Vincennes and watch us work for you.

Want to find out more about us? Check out our web site at http://www.accident-law.com Find us on FACEBOOK Follow us on TWITTER Watch our videos on YouTube and call us anytime for FREE at 1-800-468-8736. We are legal professionals who care about you!

What If I'm Too Hurt to Hire An Attorney?

2011-04-04T08:35:00.000-07:00

Call us! You can stay home and call us and we will work for you on your case while you are home. We at Tofaute & Spelman know that no one wants to sit in a lawyer's office, or a doctor's office or other business places WAITING to be helped.

That is why we have telephone intake services with our staff helping you from the comfort of your own home. This saves you time and money. Especially with high gasoline prices, bad weather, and especially if your car was damaged in the crash and not drivable. WE UNDERSTAND. Visit our website from anywhere http://www.accident-law.com Call us today and we can start on your case immediately.

Tofaute & Spelman injury lawyers are available by telephone at your convenience. Call 800-468-8736 right now. Email is tslaw@accident-injury.com We want to be your personal injury attorneys.

Congrats Butler Bulldogs! Final Four and Houston Bound!

2011-03-27T13:22:00.000-07:00

Way to go Bulldogs! There's nothing we like more in Indiana than cheering for our basketball teams!

We were proud of our Sycamores winning the MVC and earning a spot in the NCAA Tournament this year, and we're just as proud of the Butler team for repeating their final four performance.

Here's to bringing home the 2011 NCAA Men's Basketball Championship! Best of luck from all of us at Tofaute & Spelman Personal Injury Attorneys!

100 Men Who Cook - Book Has Arrived!

2011-03-24T18:52:00.000-07:00

Hey we just cracked open a fresh copy of the 100 Men Who Cook - Book from the 2011 event and let me tell you, it is fantastic. Our mouths are collectively watering and all the scrumptious dishes served up!

Special shout-outs to Scott Culp (page 28 Jambalaya) and Rich Dunkin/Les Spelman (page 59 Chocolate Covered Strawberries).

What a great way to celebrate the new museum! Find out more about the Terre Haute Children's Museum HERE.

Photo credit: Trib-Star Article Link

What If You're Injured and You Live in Another State?

2011-03-20T17:50:00.000-07:00

Will Money Make My Injury "Right?"

2011-03-20T05:49:00.000-07:00

No, but it may very well make going through such a bad time BETTER than not making a claim. When you are hurt by a careless driver, their insurance company must set up an account in your name if you are hurt. They will not and are not required to tell you, even if you use us as your attorneys, how much is put in that account. It is done by state law to make sure that the insurance company has funds to pay you if you make the claim. And it is held until the time limit for making your claim expires.

If you make no claim in the time to do so, that money is released to use by the insurance company and nothing goes to you.

Is it better for the injured person to receive these funds, or the stockholders and management of the insurance co to have them? You decide.

If you want us to make a claim, we have over 100 years combined experience and are happy to do so on your behalf. Because, we think the injured folks should be fairly compensated and insurance companies not given a "windfall" at an injured person's expense.

If you've been injured in an accident, call us right now at 800-468-8736! We have offices in Terre Haute, Vincennes, Lafayette, Kokomo, Evansville, Bloomington, and Indianapolis, Indiana. We also have offices in Danville, Illinois.

You can also schedule an appointment at your convenience using the Appointment Book to the right of this post.

Japan - Tsunami and Earthquake Victims. What Can We Do?

2011-03-18T04:56:00.000-07:00

The Tofaute & Spelman family are asking the same question and want to share with you some useful links on how and where you can make a difference. We all feel better when we can "do something." And if enough of us get together and "do something" those add up! So, here we go:

Buy a t-shirt here
Donate to the American Red Cross here
Find out where in Indiana to donate blood here
Organize your own fundraiser like these folks did here

There are many organizations popping up all over Indiana. Please research the organization before you donate anything to make sure it is legitimate. The links above are historically dependable and the new ones are with reputable organizations.

Our prayers and sympathies go out to all the earthquake and tsunami victims and their families. And remember, If you've been injured in an accident, call us right now at 800-468-8736! We have offices in Terre Haute, Vincennes, Lafayette, Kokomo, Evansville, Bloomington, and Indianapolis, Indiana. We also have offices in Danville, Illinois.

Why Hire a Lawyer to Help You with Your Accident?

2011-03-05T06:43:00.000-08:00

Why do you think insurance companies don't want injured people to contact lawyers? Ever wondered about that? We know that they don't because people who are represented by attorneys in injury cases will on average receive more in settlements or in court than those who settle their claims by themselves without legal help. If you want legal help to win YOUR case, call TOFAUTE & SPELMAN 800-468-8736 now. The call and the advice are BOTH free, and, confidential!

Our clients often have told us that while talking to the insurance company, the adjuster has told them that they "dont need a lawyer." They told us that comment raised "a red flag" that they probably did. Don't try and guess whether or not you do, call us for a free initial consultation. 800-468-8736. The call and the advice are free.

If you hire TOFAUTE & SPELMAN, we will not charge any legal fees or costs unless you win your case. If you don't hire us, you can still give the adjuster a statement, but you'll have some additional knowledge about how best to do it. It is a "win - win" for you.

If you've been injured in an accident, call us right now at 800-468-8736! We have an accident lawyer in Terre Haute, Vincennes, Lafayette, Kokomo, Evansville, Bloomington, and Indianapolis, Indiana ready to help you. We also have a personal injury attorney in Danville, Illinois, with experience to answer your car accident question.

Traveling?

2011-03-01T07:16:00.000-08:00

Check your insurance because you may need it. While on a cruise, if you are injured as the fault of the ship or crew, your rights of recovery for your injury and damages may depend on where it happened -- domestic or international waters. Coverage may depend on the ship's country of registry -- this may not be simple. Familiarize yourself with the cruise line track record and ask your agent to fill you in, beforehand.

Going to Mexico? Renting a car there? Be careful! Your car insurance in the USA will probably not cover you! It's always a good idea to ask your agent before you go. Most domestic insurance will not be good there. You can purchase insurance at the car rental agency in Mexico that will cover you, just be sure to ask "all the questions" and get it in writing before you take your Mexican rental car on the road.

Remember too that most of that insurance will not cover you if you go "off road" in Mexico. Just remember to bring all your questions to your insurance agent and the rental car agency and ask them BEFORE you sign on the dotted line.

Tofaute & Spelman. We have a Terre Haute Personal Injury Lawyer who can answer your accident questions.

The Rules Have Changed

2011-02-28T07:15:00.000-08:00

The rules governing lawyers in Indiana prohibit us from taking the first steps to contact accident victims after a wreck..we have to wait 30 days before we try to help you. But, the insurance company can contact you immediately, taking advantage of you during your pain.

Insurance companies like taking recorded statements from accident victims, and, often ask to do so before an injured person has had time to speak with an attorney. I will talk with you by phone or in my office at no cost for an initial consultation, and if you call me i will probably recommend that you don't give a statement to an adjuster -- why? Because I see too many "insurance company statements" that turn out to be more the statement of the adjuster than of the injured person.

Don't be misled in a recording with statements like "would you agree with me" or "it sounds like maybe you could have done something to avoid the crash", or "I'm sure that my insured is sorry this happened but feels he really did not do anything wrong---would you agee?"

If an insurance adjuster wants to see you, talk to you, or record a statement from you before you talk to a lawyer, be very cautions --- I recommend that you don't. Call me first. Your first consultation and my advice is FREE. If you want me to represent you, you pay no fee unless I win your case!

Don't be led to say things you cannot undo once it is on "tape". Call 800-468-8736 TOFAUTE & SPELMAN first.

If you need a Terre Haute attorney, or Vincennes, Lafayette, Kokomo, Evansville, Bloomington, Indianapolis, Indiana, we are lawyers helping accident victims. We also have offices in Danville, Illinois and surrounding areas.