NICHOLAS A. ADAMS
Attorney at Law

What is a "Personal Injury" Case?

"Personal injury" cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:

• Formal "Lawsuit": Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the "plaintiff") files a civil "complaint" against another person, business, corporation, or government agency (the "defendant"), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as "filing a lawsuit". 

• Informal Settlement: In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.

Note: the "middle ground" between a lawsuit and an informal settlement is alternative dispute resolution procedures like mediation and arbitration.

What is a Statute of Limitations?

Plaintiffs have a limited time in which to file a lawsuit, called a "statute of limitations." Generally speaking, the period of time dictated by a statute of limitations begins when the plaintiff is injured or discovers the injury.

Statutes of limitations are established by state law and often vary by type of injury. 

Where are the Laws that Govern Personal Injury Cases?

Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.

Personal Injury Claim Review 

Any potential personal injury case requires a detailed understanding of the facts, the processes, and the law. If an accident has impacted your life, contact Nicholas Adams Law Office for a consultation. 

What we call criminal law broadly refers to federal and state laws that make certain behavior illegal and punishable by imprisonment and/or fines. Our legal system is largely comprised of two different types of cases: civil and criminal. Civil cases are disputes between people regarding the legal duties and responsibilities they owe each other. Criminal cases, meanwhile, are charges pursued by prosecutors for violations of criminal statutes.

Criminal Law: History

In the United States, British common law ruled during colonial times. Common law is a process that establishes and updates rules that govern some nations. Once America became an independent nation, it adopted the U.S. Constitution as "the supreme law of the land." The U.S. continues to employ a common law system, which works in combination with state and federal statutes. As far as criminal laws are concerned, each state has its own penal code which defines what is or is not a crime, the severity of any offense and its punishment.

Felonies and Misdemeanors

Criminal cases are generally categorized as felonies or misdemeanors based on their nature and the maximum imposable punishment. Each state is free to draft new criminal laws, so long as they are deemed constitutional. Thus, what is a crime in one state may not necessarily be a crime in a neighboring state.

​A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. Most state criminal laws subdivide felonies into different classes with varying degrees of punishment. Crimes that do not amount to felonies are typically called misdemeanors. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking tickets, are often called infractions.

Police Investigate, Prosecutors File Charges

Many people think that police officers (who investigate crimes) also charge offenders. That is a common misconception. Police gather evidence and sometimes also testify in court. But prosecutors – including district attorneys, United States Attorneys and others – ultimately decide whether a suspect is prosecuted or not.

​Criminal Defense Lawyers

Nicholas Adams is a qualified criminal defense attorney that is often a crucial advocate for anyone charged with a crime. He is very familiar with local criminal procedures and laws.

We've all dreamed of finding lifelong love, but not every romance was made to last. Getting a divorce can have serious, long-term effects, both emotionally and legally. There are also strict legal requirements that cover everything from choosing a method of legal separation, to selecting where and how to file, to deciding how the property should be divided. The divorce process can be confusing, especially without legal assistance.

Reasons for Divorce

While some states still require spouses to provide a reason for the divorce, most states now offer what is known as a "no fault" divorce. A no fault divorce allows a court to enter a divorce decree without one party having to legally prove the other party did something wrong in the marriage. Instead, one spouse may simply allege that the marriage has broken down and there's no reasonable hope it can be preserved, and a divorce can be granted with or without the other spouse's consent.

Alternatives to Divorce

Depending on your specific circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option doesn't legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.

An annulment, on the other hand, has the same legal effect as a divorce, but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.

Property Division

The division of marital property after a divorce will generally depend on whether or not you live in a "community property" state. Community property states consider nearly all property obtained after the marriage as equally owned by both spouses. As a result, the property will generally be equally split after the divorce. Absent community property statutes, it's typically up to the court to divide marital property between both parties. In either case, courts will normally accept a property division agreement if the spouses can create their own.

Alimony and Spousal Support

Alimony and spousal support are interchangeable terms that refer to monthly payments from one ex-spouse to another following a divorce. These payments can be court-ordered or arranged by the parties involved and are intended to account for the adverse economic effect a divorce can have on one party. All spousal support agreements and amounts are unique, depending on the spouses' individual incomes and property, their earning capacity, the duration of the marriage, and whether children and child support are involved, among other factors.​

Hiring a Divorce Attorney

Attorneys aren't needed for every divorce, but in many cases legal assistance can be beneficial, if not crucial. With the complex nature of some divorce procedures and emotions running high, it often helps to have a knowledgeable resource for information and a skilled advocate for negotiations and possible court proceedings. Contact Nicholas Adams to represent you as your divorce lawyer. 

Just about anyone can start a family on their own, but certain procedures affecting the responsibilities of family life must be pursued in court. While matters of the heart are very personal, laws regarding divorce, and the process of adopting a child are governed by state and federal laws. "Family law," therefore, refers to rules, regulations, and court procedures involving the family unit. While some family law matters may be handled without counsel, processes such as divorce and child custody often require the skill and expertise of a skilled attorney.

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What Does Family Law Cover?

Civil procedures and legal matters involving family members' financial responsibilities, custodial rights, eligibility, and other obligations generally fall under the family law category. Domestic violence and child abuse are included in this section, although they are criminal matters. The following is a list of family law topics:

• Marriage & Living Together: Eligibility requirements such as age and gender are primarily governed at the state level. Also, different states have different laws governing legal partnerships other than marriage.

• Divorce & Alimony: Also called "dissolution of marriage," divorces come about via court order, either with or without legal representation. Sometimes one spouse will be required to provide financial support for the other after a divorce.

• Child Custody & Child Support: When parents get divorced, the court must decide what is in the best interests of the children, which includes living arrangements and financial support.

• Adoption & Foster Care: A variety of legal considerations may come into play when adopting or fostering a child.

• Parental Liability & Emancipation: Parents often are liable for the actions of their children. Some children may become "emancipated" if they can prove their maturity and ability to live apart from their parents.

• Reproductive Rights: Laws governing abortion, birth control, artificial conception, and other reproductive rights are established at the state level and change often.

• Domestic Violence & Child Abuse: While these violations are handled in criminal court, they often raise legal issues affecting the family, as well.

When Do I Need a Family Law Attorney?

As with most other areas of the law, whether you need a family law attorney depends on a number of factors specific to your case. For example, a couple generally won't need a lawyer to get married, but attorneys may be required if one party asks the other to sign a prenuptial agreement.

Individuals often benefit from hiring an attorney when dealing with divorce, child support, and especially child custody matters. Because emotions can run high during some divorces, hiring an attorney for her legal knowledge and skills, as well as to negotiate with the other party to resolve difficult issues, can be invaluable.

Contact Nick Adams for a consultation regarding your family law issues. 

Starting and running a small business requires a very broad skill set and nerves of steel. It's not for everyone, and even successful entrepreneurs encounter failure from time to time. Those who operate small businesses typically wear many different hats, but also must know when and how to seek help from others.

What Makes a Business a "Small" Business?

A small business owner may operate a convenience store, a plumbing service, a salon, a fast food franchise, or virtually any type of business in a given field. While there is no clear definition, small businesses share some common characteristics. They are independently owned and operated, organized for profit, and are not dominant in their field. The vast majority of businesses in the U.S. are considered small businesses, which employ roughly half of all workers in the country.

​What Legal Issues Do Small Business Owners Typically Encounter?

All businesses will encounter certain legal matters, such as questions about taxes or drafting contracts. But a small business owner's legal obligations and risks generally depend on the type of industry, business model, inherent risks involved, state laws, and a host of other considerations he or she faces. It's always best to consult an attorney before opening up shop, but anyone starting a small business will likely be confronted one or more of the following legal issues:

• Choosing a legal structure (such as a partnership, limited liability company, or corporation);

• Hiring and managing employees in accordance with state and federal employment laws;

• Protecting inventions and trademarks through intellectual property law;

• Extending credit and collecting on past due amounts in accordance with federal laws;

• Complying with health and safety regulations when constructing or preparing a work site;

• Maintaining the required level of workers' compensation insurance coverage.

How Can an Attorney Help My Small Business?

While small business owners act in a number of capacities, the successful entrepreneur knows when to ask for help. This is especially true of legal matters, which can sink a business if handled poorly or ignored altogether. Certain things can sometimes be done without a lawyer, such as creating a legal partnership agreement, submitting necessary tax forms, and drafting contracts with partners.

But some issues are too time-consuming, too complex, or too high-stakes to handle without the care and expertise of a business lawyer. These include defending against wrongful termination claims by former employees, making a "special allocation" of profits and losses, or negotiating for the acquisition of another company's assets. Again, your legal needs will be unique to your business.

And while seeking counsel for complex legal issues is smart, retaining an attorney to help prevent legal problems from occurring in the first place may be even smarter.

When the Department of Child Services (DCS) is involved with a family, it can be an extremely stressful time for the children, the parents, and other family members. The system and the statutes governing it are complicated, and obtaining private legal counsel can help to provide piece of mind.

When a report of child abuse or neglect is made via the statewide hotline at 1 (800) 800-5556, a determination is made regarding whether that allegation will be investigated. If it is to be investigated, the local office of the Department of Child Services (DCS) will perform the investigation, and determine whether to substantiate abuse or neglect. In general, any time that someone has reason to believe that a child is a victim of abuse or neglect, that person must report his or her suspicion. If abuse or neglect is substantiated, DCS may take one of several actions. First, DCS may ask the parents to sign an Informal Adjustment. An Informal Adjustment does not involve a child being determined by a court to be a Child in Need of Services (CHINS), but it does require the parents to take certain action and/or to refrain from certain action. Informal adjustments may require parents to participate in services like parent education, therapy, drug or alcohol treatment, or psychological evaluation; and may require parents to refrain for example, from using corporal punishment on the child or children.
 
Disclaimer: This summary is not intended to be comprehensive, and should not be construed as legal advice for your particular situation. Nothing in this website is intended to serve as or substitute for legal representation. 

If abuse or neglect is substantiated or if an Informal Adjustment is not successful in resolving the issue, DCS may alternatively file a petition alleging that the child is a Child in Need of Services (CHINS). CHINS proceedings are governed by Indiana Code 31-34-1-1 et seq. The statutes detail all of the possible bases for determining that a child is CHINS. 

At the initial hearing in the CHINS case, the parents will be asked to admit or deny the allegations of the CHINS petition. When a parent denies the allegations, a fact-finding hearing is set by the court. At the fact-finding hearing, the judge determines whether to adjudicate the child as a CHINS. DCS’s policy is generally to encourage reunification of children with their parents, and to provide services to enable reunification to happen wherever possible. 

In CHINS proceedings, a court-appointed special advocate (CASA) should be appointed for the child. However, this appointment is not always made right away, as CASA volunteers are in high demand, and there are generally wait lists for the appointment of a CASA. 

If, as a result of the fact-finding hearing, the court finds that the child is a CHINS, a dispositional hearing will be set. Prior to the dispositional hearing, DCS and the CASA will file reports that contain recommendations for actions that the parents will need to take (or refrain from taking) and services that will need to be provided. After the hearing, an order will be issued, and it is extremely important for the parents to comply with the terms of that order. After the order is issued, the court will hold periodic review and permanency hearings, at intervals called for by the CHINS statutes. 

A child may be determined to be a CHINS, but in some cases, may be permitted to remain at home with his or her parents. Such a case is referred to as an in-home CHINS. The DCS may, in the alternative, cause a child believed to be the victim of abuse or neglect to be removed from the parents. If this occurs, the law requires that a hearing, called a detention hearing, must be held promptly. Detention may occur at the beginning of a CHINS case, or at any point during the proceedings if circumstances warrant removal of the child. 

If the circumstances leading to the determination that the child is a CHINS are remedied, the CHINS case will be discharged, and the child reunited with the parents, with no further DCS involvement. 

However, after a period of time and under certain circumstances, a decision is sometimes made to pursue termination of parental rights, rather than reunification. DCS may file a petition to terminate parental rights, thus initiating what is commonly known as “TPR” proceedings, under the following circumstances:

(A) One of the following must be true:

(i) The child has been removed from the parent for at least six (6) months under a dispositional decree.

(ii) A court has entered a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification are not required, including a description of the court's finding, the date of the finding, and the manner in which the finding was made.

(iii) The child has been removed from the parent and has been under the supervision of a county office of family and children or probation department for at least fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child;

           (B) In addition to one of the above factors, one of the following must be true:

(i) There is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the home of the parents will not be remedied.

(ii) There is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of the child.

(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;

See Indiana Code § 31-35-2-4. (It should be noted that parents who have been convicted of certain crimes may also face termination of their parental rights under a different statutory scheme).

Termination must also be in the best interests of the child, and there must be a satisfactory plan for the care and treatment of the child. A CASA will be appointed to represent the child’s interests in TPR cases. If the court, at the conclusion of a trial, determines that the allegations contained in the TPR petition are true, the parent or parents’ parental rights will be terminated.

A parent facing termination of his or her parental rights may also consent to the termination. By voluntarily terminating parental rights, a parent may sometimes be able to obtain an agreement for some kind of continued, limited contact with the child, after rights are terminated and the child is adopted by another family. Such agreements are called Post-Adoption Contact Agreements and are only available if the parent consents to the adoption or voluntarily terminates parental rights.  (Link to adoption page of our site).

Nicholas Adams Law Office represents not only parents accused of abuse or neglect, but also family members and others, such as foster parents, with an interest in the children. If you are involved in CHINS or TPR proceedings and would like assistance navigating the maze of statutory and agency requirements, please call to schedule a consultation.