Civil

There may come a time when you think to yourself, am I able to get a power of attorney over a loved one? While the answer to that question is no, there is another tool that you may be able to pursue if your loved one is not competent to make decisions involving their healthcare or financials. That option could be filing a petition with a court to ask that a guardian be appointed over…

Many of our attorneys have served as Deputy Prosecuting Attorneys in Indiana, including in both Hamilton County and Marion County. This includes experience in “vertical prosecution”. In the “vertical prosecution” model, a deputy prosecutor works in tandem with other law enforcement officers to investigate allegations of criminal activity, determining which charges to file, resolving the case through the court system. This provides the deputy prosecuting attorney to experience in the investigative process first- hand while…

If you’ve been involved in an accident- whether it’s a car crash, slip and fall, or workplace injury- your first priority should always be your health. Even if you feel “okay” at the scene, it’s critical to seek medical treatment as soon as possible. Prompt medical attention not only protects your well-being, but it also strengthens any personal injury claim you may pursue. At Banks & Brower, we’ve seen too many cases impacted by delays…

When someone is going through a divorce in Indiana, part of what a Judge will do is divide the marital estate of the divorcing spouses. It is not uncommon for people who are divorcing to wonder what specifically the Court will consider when dividing the things the spouses have and whether certain items will be divided by the Court. The general question we often get asked is, “What do divorce courts do?”   In any…

  When someone is injured due to another’s negligence – whether in a car accident, a slip and fall, or a dog bite – they often have the right to pursue compensation.  But what happens if the injured person is also partially at fault for the accident?  This is where the legal concept of comparative negligence comes into play. Understanding how this rule works is critical for anyone considering pursuing a personal injury claim in…

In almost any civil or criminal case, you have the right to a trial. There are two types of trial: bench and jury. This is a major decision that can make the difference between winning and losing a case. In a bench trial, the Judge evaluates the evidence and determines which party wins, whereas in a jury trial, a jury of local residents (jurors) decides who wins. Most people assume that all trials are held…

Protective Orders and No Contact Orders have certain similarities, but they are not the same. There are several significant distinctions between the two, including variations in the procedures for obtaining orders, the periods of time during which they provide protection, the restrictions they impose, and the procedures for removing them. What is a No Contact Order? (Indiana Code 35-33-8-3.6) No Contact Orders are issued by a judge through criminal cases. For instance, when there is…

Being subpoenaed for a deposition can be a nerve-wracking experience that you may be called in for if you are a victim of a crime, witness to a crime, or if you (or a loved one) is somehow involved in a criminal case. This can be stressful but there are a few things to keep in mind that will not only make it an easier experience for you, but also keep yourself protected as well….