Top 5 Reasons You Need a Lawyer
We ONLY represent the victims of crime.
We NEVER represent criminals or accused criminals in any criminal court at any time of their criminal court proceedings.
We help ONLY those injured persons to get complete justice and full damages for ALL of their injuries, including for pain and suffering and the horrible effect upon their future lives.
Here are the TOP 5 reasons of why you need to hire your own lawyer after injured by a crime on business property:
1. The Criminal Court Cannot Order Anybody to Pay You Full and Complete Damages
No, the criminal court cannot get you “full justice” such as complete damages for your pain and suffering.
There are two major types of cases in the United States:
- “Criminal” cases against people alleged to have committed a crime
- “Civil” cases against businesses or people who were “at fault” for causing your injuries
The two courts operate under different laws with different remedies. A criminal prosecution alleges a violation of a written Indiana criminal code statute was committed by some person. In a civil case, there is no written violation committed by the business landowner, but rather a cause of action exists in favor of the injured person for failure to act reasonably and safely under the circumstances of what happened.
- In a criminal court case, the remedy is the imprisonment of the criminal.
- In a civil court case for negligence, the remedy is a money award.
The criminal court cannot order you to be compensated for things like your pain and suffering or your permanent injuries, including both physical and mental. A criminal court cannot order you to be compensated for your inability to function again as a “whole person.”
A criminal court can only order the defendant – not the business landowner where it occurred – to pay your medical bills and some other expenses. Most criminals do not have that amount of money to pay your bills and it rarely gets paid.
A civil negligence case against the business landowner can do those things and (who probably has insurance coverage) Indiana law is clear – you are entitled to more than just your medical bills and lost wages. This, of course, is conditioned upon the landowner owing the duty to you to prevent the crime if it was determined to be “foreseeable” under the circumstances.
The money damages can include such other factors (in addition to medical bills) as lost wages, loss of future wages, disfigurement/scars, permanent injury, mental anguish (often called pain and suffering) and loss of inability to function as a whole person would.
2. The Criminal Court Cannot Order the Business Where You Were Injured to Pay Anything
The criminal court and Judge only has jurisdiction over the criminal case and the alleged criminal. If you hire a lawyer, you would be hiring them to get monetary damages from the business landowner who had foreseeable knowledge that a threat of imminent harm was going to occur, but did not take reasonable steps to prevent it.
The criminal court cannot adequately compensate you or order you to be compensated like a civil court can. That’s where we help.
If you hire us to sue the business landowner, you are seeking monetary damages from the business landowner (and probably its insurance company) for allowing the foreseeable crime to occur – not against the criminal.
3. Your Case Against the Business Landowner Will Likely Be Thrown Out by the Judge By Written Motion Unless You Get a Lawyer to Fight Its Request for Dismissal
All premises liability cases for criminal activities rests upon the basic requirement of “foreseeability” and this is especially true in the State of Indiana and according to the Indiana Supreme Court.
The problem with this legal approach, however, is that almost every crime is “foreseeable” to some extent. After all, we buy locks on the doors to our cars and homes for a reason – because we know that crime is possible at all times and in all places.
Ironically, this knowledge then that crime can occur anywhere and at any time has resulted in courts -- like the Indiana Supreme Court -- to twist the legal definition of “foreseeability” like a pretzel into meanings that prevent injured persons from ever proving the landowner or business should have known about the imminent threat of harm absent a confession or admission of same.
If not foreseeable, then the business had no duty to the injured person and cannot be held responsible and the case must be dismissed immediately after a filing of a Motion for Summary Judgment by the defense lawyers for the business landowner. (A summary judgment motion is a written request for a dismissal of a case filed before a trial alleging that even if all facts are true according to the plaintiff, the law is in favor of the defendant).
4. Lawyers Help You Get Assistance Outside Court
In addition to handling claims and lawsuits for victims of crime, a lawyer can provide assistance with the things that no court can accomplish – directing you to effective counseling, support groups and a friendly shoulder to lean upon “24/7” -- before, during and after your case.
We can help you fill out the correct forms for compensation from the Indiana Crime Victims Fund and/or the criminal court where the alleged criminal is being tried and possibly sentenced. We can put you in touch with the County’s Victim’s Assistance Office and case manager where the criminal case is pending.
When it comes to counseling services, we can make some recommendations of esteemed and professional counselors from which you can choose – sometimes within your health insurance networks. We can review your health plan and see if the counseling services are covered or not. Additionally, confidentiality is very important to you and to us. We keep all unnecessary identification from public view, when possible. We have staff members designed to protect your confidences. We take this part of our services very seriously.
5. Lawyers Help You Recover Full Damages and Win Your Case in Court
Yes, you should hire an attorney to file a civil lawsuit against the business landowner where the crime took place.
You should hire your own attorney if you believe the business landowner had reason to know the crime was likely to occur. This type of claim is for “negligence” of the business landowner which means their lack of adequate security or supervision caused your injury.
The remedy for this type of claim is monetary payment for your damages and injuries. We are here to help you recover complete monetary damages for your injuries and losses.
McKibben Shaw Law has over 30+ years of experience helping people injured by criminal acts upon business property.
We can help you, too. Quickly and confidentially.
Call McKibben Shaw Law (260) 777-7777 . You can call or text that number now. We can meet by Zoom conferencing or in person at your convenience and it is always free.
Not just the lawyers you need, but the lawyers you WANT.- Tristen K
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Attorney Shaw got me a fair settlement, much more than I thought we were going to get.- Randy & Kathy M
I Told Him He Now Felt Like a Member of Our Family More Than Our Attorney.- Stephanie B.
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