Indianapolis, Indiana based Attorney, Dan Chamberlain

Personal Injury/Wrongful Death

Dedicated Indiana Attorney Represents Individuals Who Sustained Brain, Spinal, Catastrophic Injury, and Wrongful Death. Indianapolis-based, nationally recognized.

Caring, compassionate, accessible advocate on your side ....

Were you injured due to the fault of another person or corporation? Retain a qualified attorney to obtain the compensation you need and deserve.

Since 1992, Daniel S. Chamberlain, P.C., based in Indianapolis, Indiana, has been advocating for Indiana accident victims who suffer from concussions, paralysis, and other types of traumatic brain and spinal injuries. Those with these injuries may have a long recovery, income loss, and overwhelming medical expenses. With 30+ years of experience, I will strive to get you a recovery amount that reflects your losses.

Dan’s mobile telephone number, 317-549-5454, is available for those clients and future clients that need an immediate response to critical legal issues.

Accomplished legal counsel for individuals across the Hoosier State. Dan has repeatedly been awarded as a Top 50 lawyer, Best Lawyer, and 20+ year Superlawyer. His office handles cases where victims suffer from traumatic injuries to the brain, spine, or other catastrophic injury or death.

Dan is a client's #1 choice in a time of need, advocacy, professionalism, and dedicated service. Traumatic brain injuries can be one of the most devastating injuries an accident victim may endure, as damage to the head and/or the spinal cord could lead to lifelong issues that require long-term care and rehabilitation. If you or a family member suffered a concussion, a skull fracture, or sustained some other brain injury in a collision or sporting accident. In that case, I provide the representation you need to recover an appropriate compensation amount that allows you to move forward with your life.

What are Dan's TBI qualifications?

Dan was the past Chair of the Brain Injury Association of America, President of the Brain Injury Association of Indiana, Brain Injury Alliance of Indiana, and serves on the Villa Licci Board, providing residential services to TBI victims.

Results matter ....

Before hiring an attorney, it is essential to inquire about the types of cases and experiences resulting in verdicts and settlements. A sampling is below:

· $10,000,000 – Pedestrian struck by the highest corporate officer at a bar

· $5,750,000 – Anoxic brain injury at birth

· $4,250,000 – Defective product resulting in burn injuries

· $3,950,000 – Developmentally challenged adult wandered off-premises and suffered injury

· $2,070,000 – Driver overserved at a professional sporting event

· $1,750,000 – Inadequate security case resulting in multiple gunshot wounds

· $1,300,000 – Dog bite

· $1,250,000 – Retrograde amnesia in Vehicle sideswipe

· $1,250,000 – Statutory cap on Indiana medical malpractice cases

· $1,000,000 – Rear-end crash with brain injury

· $1,000,000 – Commercial Vehicle following too closely struck a vehicle on an interstate

· $1,000,000 – Multiple sexual assault cases

Contact an experienced Indiana attorney to schedule your free consultation.

If you or a family member in Indiana sustained a traumatic brain injury, trust 30+ years of experience from the Indianapolis firm, Daniel S. Chamberlain, P.C. Please call Dan at 317-549-5454 or contact online at dsc@uslaws.com to schedule a free consultation.

Traumatic Brain Injury (TBI)

Experienced lawyer represents clients in the Indianapolis area who've suffered head/brain injuries

Suppose you've suffered a traumatic brain injury (TBI) in a car accident, a fall, a contact sport, or any other incident. In that case, the extent of the harm may not be readily apparent, but the effects could be long-lasting or even permanent. If someone's negligent or reckless actions caused your head injury; you may have a right to seek compensation. At Daniel S. Chamberlain, P.C., I have experience representing clients in Indianapolis and throughout Indiana who've sustained TBIs. As a result, I have the background and resources to seek damages that fully account for your short- and long-term losses. I understand the complexities of these cases and will work to obtain compensation that addresses your needs now and in the future.

Skilled advocate understands the complexities of head/brain injuries

TBIs occur when the head violently and suddenly hits an object or when an object pierces the skull and enters the brain tissue. In open-head injuries, the skull is fractured. In closed-head injuries, the head is not fractured, but these injuries can be even more serious because the brain may swell or blood clots may form under the skull without any outward sign.

Brain injuries are an alteration of consciousness caused by an external force.

. But even when MRIs and CAT scans are normal, and the patient appears outwardly healthy, TBI victims may suffer debilitating symptoms such as these:

· Severe headache

· Confusion and difficulty remembering events

· Lightheadedness and dizziness

· Blurred vision or tired eyes

· Numbness or weakness on one side of the body

· Ringing in the ears

· Bad taste in the mouth

· Unusual tiredness

Traumatic brain injuries (TBIs) can be caused by a variety of factors, and this applies to victims in Indiana as well. Some common causes of TBIs include:

Falls: Falls are a leading cause of TBIs across all age groups. They can occur due to slip and falls on uneven surfaces, from heights, or as a result of accidents in homes, workplaces, or public spaces.
Motor Vehicle Accidents: Car accidents, motorcycle accidents, and pedestrian accidents can result in TBIs. The force of impact, sudden deceleration, or direct head trauma during a collision can lead to brain injuries.
Sports Injuries: Contact sports such as football, soccer, hockey, and boxing carry a risk of TBIs. In Indiana, where sports like basketball and football are popular, injuries during recreational or organized sports activities can cause TBIs.
Assaults: Violent acts, including physical assaults, domestic violence incidents, or intentional harm inflicted on an individual, can cause TBIs.
Workplace Injuries: Indiana has a diverse range of industries, and workplace accidents can result in TBIs. This includes incidents like falls, being struck by objects, or being involved in industrial accidents.
Recreational Activities: Participation in recreational activities like biking, skiing, horseback riding, or other adventure sports can sometimes lead to TBIs in the event of accidents or falls.

It is important to note that each TBI case is unique, and the specific cause and circumstances can vary. If a TBI occurs due to the negligence or intentional actions of another party, legal recourse may be pursued to seek compensation for medical expenses, rehabilitation, lost wages, and other damages.

If you or someone you know has suffered a TBI in Indiana, it is advisable to consult with a personal injury attorney who specializes in brain injury cases. They can assess the specifics of the situation, investigate liability, and guide you through the legal process to protect your rights and pursue appropriate compensation.

After any impact on the head, it is essential to seek medical attention immediately. Even an injury with relatively minor symptoms can have severe consequences if left untreated. And because these injuries can result in long-lasting damage that affects your ability to perform everyday activities, it is vital to retain an experienced personal injury attorney who has handled traumatic brain injury claims. When you seek the counsel of Daniel S. Chamberlain, P.C., you can count on me to represent and protect your interests against insurers whose goal is to pay you as little as possible.

Birth Injury/HIE/Anoxia

Birth trauma/anoxia or hypoxic-ischemic encephalopathy is a preventable condition when a baby is born with little to no oxygen. Another cause of this preventable brain damage is to hold the delivery team, the doctors, hospitalists, and nurses responsible. The brain and its oxygen reserves dwindle and slowly die when a healthcare provider is not following an acceptable standard of care. Brain injury is preventable. There are also other related birth injuries, including shoulder dystocia, nerve impingement, and other conditions.

Birth injury anoxia and HIE (Hypoxic-Ischemic Encephalopathy) are related terms that describe medical conditions resulting from oxygen deprivation during childbirth. Here's an overview of each term:

Birth Injury Anoxia: Anoxia refers to a severe form of oxygen deprivation. In the context of birth injuries, birth injury anoxia occurs when a baby is deprived of oxygen for an extended period during labor or delivery. Anoxia can lead to significant damage to the baby's organs, including the brain, and may result in long-term complications or disabilities.
Hypoxic-Ischemic Encephalopathy (HIE): HIE is a specific condition that arises from reduced oxygen and blood flow to the brain during or near the time of birth. It occurs when the brain does not receive adequate oxygen and nutrients, leading to brain damage. HIE can have varying degrees of severity, ranging from mild to severe, and can result in long-term neurological impairments, including developmental delays, intellectual disabilities, motor impairments, and seizures.

Both birth injury anoxia and HIE are serious medical conditions that require immediate medical attention and intervention. Prompt diagnosis and appropriate medical treatment can significantly impact the long-term outcome for the affected infant.

In cases where birth injury anoxia or HIE occurs, families may seek legal recourse if they believe the injury resulted from medical negligence, such as the failure to monitor the baby's condition or timely respond to signs of distress during labor or delivery. These cases can involve complex medical and legal considerations, and consulting with a birth injury attorney who specializes in medical malpractice can provide guidance and support.

Call to get a review of how your baby may have been harmed through pre and post-natal care.

Slip, Trip and Falls (including Construction Site Injury)

Slips, trips, and falls are the second leading cause of concussion and TBI. Also, the lack of fall prevention equipment or other hazards causes injury. Why do people fall? We fall on occasion, and many falls are preventable. Typically, a fall occurs when a building owner, landlord, or tenant ignores safety and allows dangerous conditions to exist. Simple remedies include warnings, shoveling, salt, ice melt, wheel stops, etc.

Fall cases are in the area of premises liability in personal injury law. Premises liability refers to the legal responsibility of property owners or occupiers to maintain safe conditions on their premises and prevent harm to visitors or guests.

In slip, trip, and fall cases, the injured party (plaintiff) alleges that their injury was a result of a hazardous condition on the premises, such as a wet floor, uneven surface, debris, inadequate lighting, or other dangerous conditions. The key elements in a slip, trip, and fall case typically include:

Duty of care: The property owner or occupier has a legal duty to exercise reasonable care in maintaining their premises and ensuring the safety of visitors.
Hazardous condition: The plaintiff must demonstrate that there was a hazardous condition present on the property, such as a spill, a broken step, or a slippery surface, which the owner should have known about or should have taken reasonable steps to address.
Knowledge or foreseeability: The plaintiff must establish that the property owner had actual knowledge of the hazardous condition, or that the condition existed for a sufficient length of time that the owner should have known about it and taken appropriate action.
Negligence: The plaintiff must demonstrate that the property owner or occupier was negligent in their duty to address the hazardous condition. Negligence may involve a failure to warn visitors, failure to fix or remove the hazard, or failure to conduct regular inspections to identify and address potential dangers.

To succeed in a slip, trip, and fall case, the plaintiff needs to prove that the property owner's negligence directly caused their injuries. This often involves gathering evidence, such as photographs of the hazardous condition, witness testimonies, maintenance records, and expert opinions, to establish liability.

It's important to consult with a personal injury attorney experienced in premises liability cases if you have been injured in a slip, trip, or fall accident. They can evaluate the specific circumstances of your case, assess liability, and guide you through the legal process to seek compensation for your injuries and related damages.

Medical Malpractice

If a healthcare provider fails to meet a standard of care, they may be responsible for any related injury. Medical malpractice is similar to a regular personal injury suit in that the healthcare provider fell below a reasonable standard of care. Indiana has a Medical malpractice statute requiring a medical review panel to review all claims. A medical review panel consists of three healthcare providers that practice in the same area as the defendant(s). Medical mistakes are complicated to prosecute in Indiana as a claimant will be expected to get a unanimous opinion of fault from the health care providers. In reality, those cases of the most egregious circumstances are found in favor of the plaintiff. Call us to assess your potential med mal claim.

Tractor Trailer Crash

Operators of tractor-trailer combinations, semi's, dump trucks, and other commercial motor vehicles are held to a higher standard of care than the operator of a passenger vehicle. The rules for operating commercial motor vehicles are found in the Federal Motor Vehicle Carrier Safety Regulations or FMCSR. The FMCSR have specific rules on service hours, qualifications, testing, and other regulations designed to protect the general motoring public's health, safety, and well-being. There is not a "typical" auto or commercial crash, as each is different. One of the most significant differences between the auto and commercial vehicle are the weights of the vehicles involved. When discussing vehicle weight, one must know the type of vehicle, trailer (if any), load weight, road conditions, and braking actions, among other essential variables. That is what makes each CMV crash different. Hiring an expert on tractor-trailer crashes is necessary to fully compensate for injury or death caused in transit.

When it comes to tractor-trailer crashes involving commercial motor vehicles (CMVs), such as large trucks or semi-trucks, the Federal Motor Carrier Safety Administration (FMCSA) sets forth regulations and safety rules that govern the operation of these vehicles. These rules aim to enhance the safety of drivers, passengers, and other road users. Here are some key aspects of the federal motor carrier safety rules:

Hours of Service (HOS): The FMCSA establishes regulations governing the maximum hours a commercial driver can operate a CMV without taking rest breaks. These rules include limitations on daily driving hours, mandatory rest periods, and weekly driving limits to prevent driver fatigue and drowsy driving.
Commercial Driver's License (CDL): The FMCSA mandates that commercial drivers obtain a CDL, which requires passing knowledge and skills tests specific to operating CMVs. The CDL ensures that drivers have the necessary qualifications and knowledge to safely operate these vehicles.
Vehicle Maintenance: Commercial motor carriers must regularly inspect, maintain, and repair their vehicles to ensure they meet safety standards. This includes regular inspections of brakes, tires, lighting, and other essential components. Maintenance records must be kept and made available for inspection.
Drug and Alcohol Testing: Commercial drivers are subject to regular drug and alcohol testing to ensure they are not impaired while operating a CMV. Random, post-accident, and reasonable suspicion testing are some of the situations that trigger these tests.
Electronic Logging Devices (ELD): The use of electronic logging devices is required to accurately record a driver's hours of service. ELDs replace traditional paper logbooks and help ensure compliance with HOS regulations.
Weight and Size Restrictions: The FMCSA sets limits on the weight, dimensions, and load securement of CMVs to prevent accidents related to overloaded or improperly loaded vehicles.
Driver Qualification: Commercial drivers must meet specific qualifications and have a clean driving record. Carriers are responsible for verifying a driver's qualifications, including conducting background checks and verifying driving history.

These rules and regulations are intended to promote the safe operation of commercial motor vehicles and prevent accidents on the road. Non-compliance with these regulations can lead to penalties, fines, or the suspension of a carrier's operating authority.

In the event of a tractor-trailer crash, understanding and investigating compliance with federal motor carrier safety rules can be important for determining liability and establishing negligence. Consulting with an attorney experienced in trucking accidents can provide valuable guidance and assistance in pursuing a legal claim.

Nursing Home/Assisted Care

Nursing home litigation refers to legal actions taken against nursing homes or long-term care facilities for alleged negligence, abuse, or inadequate care provided to residents. These lawsuits can cover a range of issues, including bedsores (also known as pressure ulcers) and nutrition.

Bedsores: Bedsores are localized injuries to the skin and underlying tissue, primarily caused by prolonged pressure on the skin. They commonly occur in individuals who are immobile or have limited mobility, such as elderly residents in nursing homes. Bedsores can develop if proper preventive measures, such as regular repositioning, adequate padding, and skincare, are not implemented. If a nursing home fails to provide appropriate care, leading to the development or worsening of bedsores, it can be subject to litigation.
Nutrition: Adequate nutrition is crucial for the health and well-being of nursing home residents. Malnutrition or dehydration can lead to serious health complications, weakened immune systems, and slower healing of wounds. If a nursing home fails to provide proper nutrition or hydration to its residents, resulting in harm or deterioration of their health, it may be subject to legal action.

In nursing home litigation related to bedsores and nutrition, the plaintiffs (often residents or their family members) typically claim that the facility failed in its duty to provide appropriate care, resulting in harm or injury. These cases require gathering evidence, such as medical records, expert opinions, and testimony from witnesses, to establish negligence or substandard care on the part of the nursing home.

It's important to note that specific legal requirements and regulations related to nursing homes and long-term care facilities can vary by jurisdiction. If you believe a nursing home has been negligent in providing care, it is advisable to consult with a lawyer specializing in elder law or medical malpractice to understand the legal options available to you.

Sexual Abuse/Assault

Sexual abuse claim are legal actions taken by individuals who have experienced sexual abuse or assault. These lawsuits typically involve a victim (plaintiff) seeking compensation for the harm they have suffered as a result of the abuse. While I can provide general information about sexual abuse lawsuits, please note that specific details and laws can vary across jurisdictions, and it's important to consult with a qualified attorney for accurate and up-to-date advice.

Filing a Lawsuit: To initiate a sexual abuse lawsuit, the victim (plaintiff) usually files a complaint against the alleged abuser (defendant) in civil court. The complaint outlines the details of the abuse, the harm caused, and the damages sought. Please note that because a sexual assault/abuse claim is filed, doesn't necessarily mean that the case is going to trial. Most claims are resolved by way of a voluntary settlement. Also, anonymity in filing the Complaint may also be available.
Statutes of Limitations: Each jurisdiction has specific statutes of limitations that determine the time within which a victim can file a lawsuit. These time limits vary depending on the jurisdiction and the nature of the case. However, in some cases, statutes of limitations have been extended or eliminated, particularly for child sexual abuse cases, recognizing the challenges victims may face in coming forward.
Criminal vs. Civil Cases: Sexual abuse cases can involve both criminal and civil proceedings. Criminal cases are initiated by the state or government and aim to hold the abuser accountable through criminal penalties such as imprisonment. Civil cases are initiated by the victim and focus on obtaining compensation for the harm suffered.
Burden of Proof: In a civil lawsuit, the burden of proof rests with the plaintiff. The plaintiff must provide evidence to demonstrate that the sexual abuse occurred and that the defendant is responsible for the harm caused. Evidence may include medical records, witness testimonies, documents, and other relevant information.
Damages: If successful, the plaintiff may be awarded damages in a sexual abuse lawsuit. Damages can include compensation for physical and emotional pain and suffering, medical expenses, therapy costs, lost wages, and other related losses.
Settlements: In some cases, sexual abuse lawsuits may be resolved through a settlement agreement rather than going to trial. Settlements involve negotiations between the parties, and if an agreement is reached, the case is typically dismissed. Settlements can provide compensation to the victim without the need for a lengthy and public trial.
Impact of #MeToo Movement: The #MeToo movement, which gained prominence in 2017, has led to increased awareness and public discussion of sexual abuse and assault. It has also encouraged more survivors to come forward and share their experiences, potentially leading to an increase in the number of sexual abuse lawsuits.

It is important for survivors of sexual abuse to seek professional support and consult with an attorney experienced in handling such cases.

Should you have a question about your rights and a potential recovery, please contact Indianapolis, Indiana personal injury attorney, Dan Chamberlain at 317-549-5454.

Board Certified. Top 50 Indiana Lawyer. ACCOMPLISHED. DEDICATED. PROVEN.