The lawyers of Baxter & Rose LLP have a long history of assisting clients throughout Indiana with a variety of legal issues. Art Baxter and Cynthia Rose have practiced together for more than 25 years. Over this period of time, working together or individually in representing their clients, the lawyers here have successfully protected the rights of their clients in a good old fashioned way: hard and consistent work.
Mr. Baxter and Ms. Rose have recovered millions of dollars for wrongfully injured people. They handle medical malpractice cases and serious personal injury cases throughout the State of Indiana. Mr. Baxter, has successfully prosecuted and defended an untold number of individuals and companies in business disputes. We invite you to read more about our firm and our lawyers on this site, and to contact us to learn even more.
Medical malpractice can include failures to diagnose, failures to treat, delayed diagnoses, surgical errors, and more. However, not every mistake made by a health care provider in Indiana counts as medical malpractice. To establish medical malpractice, you will need to show that you were owed a professional duty of care by a health care provider, a breach of the professional duty of care occurred, and you suffered injuries as a result. You have two years from a health care provider’s action or omission that you believe constituted medical malpractice to bring a medical malpractice lawsuit. These cases typically rely on expert testimony to explain the nature of the doctor’s error and how it caused the injuries.
Business litigation can take many different forms. Disputes may arise in connection with breaches of contracts, breaches of fiduciary duties, employment relations, shareholder or member obligations and rights, non-compete covenants, insurance coverage, trade secrets, and more. If it is not possible to resolve a dispute informally, our Indianapolis litigation lawyers can help you file a lawsuit. Through a breach of contract lawsuit, for example, you may be able to get expectation damages, which represent your interest in having the benefit of the bargain. Other types of remedies may include specific performance, reliance damages, restitution, and liquidated damages.
Our litigation attorneys advocate for Indianapolis residents and other accident victims who are dealing with serious injuries. Getting compensation through a personal injury claim usually involves showing negligence. This means that another party failed to take the appropriate safety precautions in a certain situation, causing your injuries. If you can establish liability, you should be able to recover compensatory damages. These are damages that are intended to put you back in the position in which you would have been had the defendant not been negligent. Often, damages cover medical bills, lost income, and the pain and suffering that the victim went through.
Indiana follows a doctrine of fault for car accident claims. This means that after an accident, you may file a claim with your own insurer, but there are also other options. You can try to obtain a recovery for your losses by filing a third-party claim with the at-fault driver’s insurance, or you can sue in civil court for damages. If you sue another driver, you likely will need to establish negligence by a preponderance of the evidence. That means that you will need to show that it is more likely than not that your injuries were caused by the defendant’s negligent driving.
Truck accidents, due to the weight and size of trucks, are likely to result in very serious injuries or even death. After an accident, an Indianapolis litigation attorney should look into all of the possible causes. It may be possible to hold a truck driver liable for behaviors such as texting while driving, speeding, wide turns, failing to check blind spots, fatigued driving, or drunk driving. However, a truck driver’s insurance policy may not have sufficient coverage for everyone involved, and therefore a plaintiff’s attorney may want to bring other parties into the case. Other potentially responsible parties in a truck accident may include the trucking company, a third-party loader, a repair person, and a property owner. A victim often can sue the trucking company based only on its employment relationship with the driver, even if the company was not actually negligent.
Corporations are regulated by state and federal laws. When starting out, corporations must meet various formalities, and these include the drafting of bylaws, which are internal procedures and rules. These bylaws set forth the obligations of corporate officers, the size of the board of directors, how directors are to be elected, the calling of meetings, and how and when board and shareholder meetings should be held. After a corporation begins operating, further legal issues may arise, such as matters related to internal disputes or external contracts.
Whether you need to pursue compensation after an accident or protect the health of your business, you should put a skilled advocate on your side. We represent clients throughout Indiana, including in Bartholomew, Boone, Brown, Franklin, Hamilton, Hancock, Hendricks, Johnson, Lawrence, Madison, Marion, Monroe, Morgan, Putnam, Shelby, Vanderburgh, and Warrick Counties. Call us at (317) 842-1600 or use our online form to set up a consultation.