Frequently Asked Questions

Legal issues can feel overwhelming, and it’s normal to have questions. This comprehensive FAQ brings together answers from every practice area we handle, giving you a simple place to start and clarity you can trust.

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General Questions About Working With Stein Law

  • Stein Law is a multi-practice firm handling personal injury, family law, estate planning and elder law, criminal defense and expungements, mediation, civil appeals, and Spanish-language legal services. When your situation touches more than one area, our attorneys collaborate to build a strategy that fits the full picture of your life.

  • No. When you reach out, we’ll listen to what’s going on and connect you with the attorney or team best suited to your goals and the complexity of your case.

  • Very quickly. When you call or text 812-948-6000, you’ll reach a real person—not an automated phone tree—who can help you take the next step or schedule a consultation.

  • For personal injury, we offer an initial consultation at no cost.  For most family law matters and certain other matters, we do charge a consultation fee.  We’ll let you know up front if any fees apply before you decide how to move forward

  • Yes. While we are rooted in Southern Indiana, we regularly represent clients across Floyd, Clark, Harrison, and surrounding counties, and many clients come to us from the Louisville Metro area.

Personal Injury

General Personal Injury

  • A personal injury case arises when you’re hurt because another person, company, or organization failed to act reasonably, such as in a crash, on unsafe property, or due to a defective product. These cases seek compensation for medical bills, lost income, pain and suffering, and the long-term impact on your life.

  • Yes, it’s almost always in your best interest. Insurance companies are trained to minimize payouts and may push you to settle quickly and cheaply; an experienced attorney protects your rights, values your claim properly, and handles the negotiations so you don’t have to.

  • There are strict legal deadlines (statutes of limitation) that depend on the type of case and who is involved. Because evidence fades and deadlines can be shorter than people expect, it’s wise to talk with an attorney as soon as possible after an injury.

  • The value depends on factors like the severity of your injuries, medical treatment and future care, time off work, long-term limitations, and how the incident has affected your day-to-day life. Our team reviews the full picture, not just your immediate medical bills, to pursue the maximum compensation available.

  • Personal injury cases are typically handled on a contingency fee basis. That means you pay no upfront attorney’s fees, we advance the costs of building your case, and we only get paid if we recover compensation for you.

Car Accidents

  • Get to safety, call 911, and seek medical care—even if you feel “okay” at first. If it’s safe, take photos, gather witness information, and exchange insurance details. As soon as you can, speak with an attorney before giving recorded statements to any insurance company.

  • You might. Early offers are often lower than what your claim is truly worth, especially before your doctors know the full extent of your injuries. An attorney can review the offer, explain your options, and negotiate for a settlement that fully accounts for your medical needs and lost income.

  • In many situations, yes. Fault in car accidents is not always all-or-nothing, and your recovery may be reduced but not eliminated. A lawyer can help clarify how fault rules apply to your case and work to minimize the impact of any alleged fault on your part.

Truck Accidents

  • Truck accidents often involve severe injuries, multiple insurance policies, and complex federal and state regulations. There may be several potentially liable parties—such as the driver, the trucking company, or maintenance contractors, which makes investigation especially important.

  • Depending on what happened, responsible parties may include the truck driver, the trucking company, a loading company, a repair shop, or even the truck or parts manufacturer. We work to identify every source of responsibility and insurance coverage

  • It’s safer to speak with an attorney first. Trucking insurers often act quickly to protect their bottom line; having a lawyer in your corner from the start helps ensure your rights are protected and your statements aren’t used against you later

Motorcycle Accidents

  • Motorcyclists are more exposed and often suffer serious injuries, and there can be unfair assumptions that riders are always at fault. These cases require careful investigation, reconstruction of what happened, and a firm prepared to push back against bias.

  • In many cases you still can. Not wearing a helmet may affect certain injury-related arguments, but it does not automatically bar recovery. An attorney can explain how this may affect your specific claim

  • You should be cautious. Adjusters may try to get you to say things that shift blame onto you. Speaking with an attorney first helps you avoid missteps and focus on healing.

Pedestrian & Bicycle Accidents

  • Call 911, get medical care, and make sure a police report is filed. If you’re able, gather contact information for the driver and any witnesses, take photos, and then contact a lawyer who handles pedestrian and bicycle injury cases

  •  It may still be possible. Fault in pedestrian and bicycle cases depends on the specific facts, driver speed, visibility, traffic control, and more. A thorough investigation is critical before assumptions are made

  • Often yes. Your uninsured/underinsured motorist coverage and medical payments coverage may come into play even if you weren’t in a vehicle, which is one reason it’s important to have an attorney review all potential sources of recovery.

Wrongful Death

  • A wrongful death claim arises when someone dies because of another party’s negligence or wrongful conduct, such as in a crash, medical error, or unsafe condition. These claims seek financial recovery for the losses suffered by surviving family members and the estate.

  • Eligibility depends on state law and may involve a personal representative of the estate and/or specific surviving family members. We help families understand who can file and how the process works in their circumstances.

  • Damages can include final medical expenses, funeral and burial costs, lost income and benefits, and loss of love, guidance, and companionship. Every family and case is unique, so we tailor our approach to your situation and goals.

Family Law

Family Law Overview

  • We assist with divorce, high-asset divorce, custody and parenting time, child support, paternity, adoptions, guardianships, prenuptial agreements, and certain specialized matters like Special Immigrant Juvenile Status and Guardian ad Litem work.

  • Not always. Many family law matters are resolved through negotiation, mediation, or agreed orders. If a fair agreement isn’t possible, we are prepared to advocate for you in court.

  • We combine clear legal strategy with a steady, compassionate presence. Our attorneys listen carefully, keep you informed, and help you make decisions that support both your immediate needs and your long-term well-being.

Divorce

  • Even in an uncontested divorce, important issues like property division, support, and parenting time can have long-term consequences. A lawyer helps you avoid mistakes, ensure the paperwork is correct, and protect your rights while keeping conflict as low as possible.

  •  It’s wise to gather key documents (tax returns, account statements, property records, insurance information) and think about your goals regarding finances, housing, and your children. Meeting with an attorney early helps you plan your next steps and avoid decisions that could hurt your case later.

  • Try to keep them out of adult conflict, avoid speaking negatively about the other parent in front of them, and focus on routines and stability. If safety is a concern, talk to your attorney about appropriate legal protections

  • An uncontested divorce is one where both spouses agree on all major issues, property division, support, and parenting arrangements, and simply need the court to approve and finalize the agreement. It can be faster and less expensive, but the agreement should still be carefully reviewed.

High-Asset Divorce

  • High-asset divorces typically involve significant property, business interests, retirement and investment accounts, real estate holdings, or complex compensation structures. These cases often require valuation experts and careful tax and future-planning analysis.

  • Because the stakes are higher and the assets more complex, it’s crucial to have counsel who understands business valuations, tracing separate vs. marital property, and long-term financial issues—not just basic divorce forms.

  • Not necessarily. Indiana follows principles of equitable division, which focuses on what is fair based on several factors. That may or may not be an exact 50/50 split; your attorney will work to protect what you’ve built and pursue a fair result.

Child Custody & Support

  • Courts focus on the child’s best interests, considering factors like each parent’s involvement, the child’s needs, stability, and any safety concerns. Whenever possible, Indiana encourages parents to reach an agreement rather than leaving everything to a judge.

  • Yes, if there has been a substantial change in circumstances, such as a move, a change in income, or new needs for the child. We can help you seek a modification or respond if the other parent is asking for changes.

  • Child support is generally based on the parents’ incomes, the number of overnights with each parent, and certain expenses for the child. We can help you understand the guidelines and how they apply in your situation.

Paternity

  • Establishing paternity creates legal rights and responsibilities for a child’s father. It can be necessary to secure child support, set custody and parenting time, or allow a father to fully participate in a child’s life.

  • If there is a dispute, the court can order genetic testing. Once the court establishes paternity, it can issue orders regarding custody, parenting time, and child support.

  • Yes and no, orders regarding custody, parenting time, and support can be modified if circumstances change in a meaningful way. The establishment of paternity itself can only be undone in rare and specific circumstances.  We can help you evaluate whether a modification is appropriate.

Adoption

  • We assist with stepparent adoptions, relative adoptions, and other private adoptions where families need help navigating the legal process and court requirements.

  • The timeline varies depending on the type of adoption, consents needed, home studies, and court schedules. Early legal guidance helps keep the process as smooth and efficient as possible.

  • Not always. In some circumstances, the court can move forward without consent, for example, if a parent has abandoned the child or failed to support or communicate over a significant period. These situations are fact-specific and should be reviewed with an attorney.

Guardianship

  • A guardianship gives someone legal authority to make decisions and care for another person, often a minor child, an elderly adult, or someone with disabilities who cannot safely manage alone.

  • Guardianship may be needed if a child’s parents are unable to care for them, or if an adult can no longer manage finances, health care, or daily living safely. We help families determine whether guardianship or another arrangement is the best fit

  • Yes. Guardianships can be modified or terminated if circumstances change, for example, if a parent is able to resume care or a different guardian is more appropriate. The court must approve any changes.

Prenuptial Agreements

  • A prenuptial agreement (“prenup”) is a contract signed before marriage that outlines how certain property, assets, and debts will be handled if the marriage ends in divorce or death.

  • Prenups can be useful if either partner has significant assets, owns a business, has children from a prior relationship, or simply wants clarity and predictability. They are not just for “the very wealthy.”

  • No. Many couples find that discussing finances and expectations honestly before marriage actually reduces conflict. A well-drafted prenup can prevent future disputes and lengthy litigation if the marriage does end.

Estate Planning & Elder Law

Estate Planning Overview

  • We assist with divorce, high-asset divorce, custody and parenting time, child support, paternity, adoptions, guardianships, prenuptial agreements, and certain specialized matters like Special Immigrant Juvenile Status and Guardian ad Litem work.

  • If you die without a valid will, state law, not you, decides who receives your property. That may or may not match your wishes, and it can create conflict and delay for your family.

  • The best time is while you’re healthy and able to think things through calmly. Major life events, marriage, divorce, the birth of a child, starting a business, or approaching retirement, are especially important times to review or create a plan.

Wills

  • A will directs how your probate property should be distributed, can name guardians for minor children, and appoints someone to manage your estate. It’s a foundational document in most estate plans.

  • Homemade wills often miss legal formalities or use unclear language, which can lead to disputes or invalidation. Working with an attorney helps ensure your will is valid, clear, and enforceable.

  • You should review your will after major life changes, marriage, divorce, new children or grandchildren, significant changes in assets, or deaths in the family, and at least every few years to make sure it still reflects your wishes.

Trusts

  • A trust is a legal arrangement that holds property for the benefit of chosen beneficiaries. Trusts can help avoid probate, provide for minor or special-needs beneficiaries, protect assets, and control how and when distributions are made.

  • A revocable trust can be changed or revoked during your lifetime and is often used for probate avoidance and management convenience. An irrevocable trust generally can’t be changed once created and may offer additional tax or asset protection benefits.

  • You still need a will, often called a “pour-over” will, to handle any assets not titled in the trust and to name guardians for minor children. Trusts and wills typically work together.

Powers of Attorney & Advance Directives

  • A power of attorney (POA) allows you to name someone you trust to handle financial or medical decisions if you’re unable to act for yourself. POAs can be tailored to your needs and can be durable (remaining effective if you become incapacitated).

  • These documents express your preferences about medical treatment and end-of-life care if you can’t speak for yourself. They guide your loved ones and healthcare providers and can help prevent conflict during stressful times.

  • Choose someone you trust absolutely, someone who is responsible, organized, and willing to follow your wishes even when decisions are difficult. Many people choose a spouse, adult child, or close friend

Elder Law & Long-Term Care

  • Elder law focuses on the legal and practical issues aging adults face, such as long-term care planning, protecting assets, powers of attorney, guardianship, and healthcare decision-making

  • Planning ahead may involve exploring long-term care insurance, certain types of trusts, or other strategies to help protect assets while ensuring care needs are met. The earlier you plan, the more options you may have.

  • Waiting often limits your options. It’s better to discuss these issues while you or your loved one can participate fully in the planning and before urgent decisions are required.

Probate & Estate Administration

  • Probate is the court-supervised process of gathering a deceased person’s assets, paying debts and taxes, and distributing what’s left to heirs or beneficiaries. Some assets pass through probate; others (like many trust assets or beneficiary designations) may not.

  • Not every asset goes through probate, and some smaller estates may qualify for simplified procedures. A lawyer can help you determine what’s required based on the size and structure of the estate.

  • We guide the personal representative through each step, filing the right paperwork, dealing with creditors, handling disputes, and making sure distributions are done properly and on time.

Criminal Defense & Expungements

Criminal Defense

  • Yes. Criminal charges can affect your freedom, record, employment, and immigration status. A defense lawyer protects your rights, evaluates the evidence, negotiates with prosecutors, and fights for the best outcome available.

  • As soon as you know you’re under investigation, have been contacted by law enforcement, or are charged with a crime. Early representation can make a significant difference in how your case is handled.

  • You have the right to remain silent and to have an attorney present during questioning. Exercising those rights is often the safest choice; talking without counsel can unintentionally harm your case.

Expungements & Records

  • Expungement is a legal process that seals or restricts access to certain criminal records. It can help you move forward by removing barriers related to employment, housing, and other opportunities.

  • Eligibility depends on several factors, including the type of offense, how long it has been, and your record since then. We review your history and advise whether expungement is available and how to pursue it.

  • The timeline varies by case and court. Filing a complete, accurate petition and responding promptly to any court requirements helps avoid unnecessary delays.

Mediation

Mediation Overview

  • Mediation is a confidential process where a neutral mediator helps parties resolve disputes without a trial. The mediator doesn’t decide the case but works to facilitate communication and help the parties reach a mutually acceptable agreement.

  • Many disputes can benefit from mediation, including divorce and custody matters, civil and injury cases, business disputes, and other conflicts where the parties want more control over the outcome

  • Mediation is often faster, less expensive, and less stressful than full litigation. It also gives the parties more say in the outcome and can preserve or improve relationships where people need to continue interacting after the case is over.

Domestic Relations Mediation

  • In family law, mediators help spouses and parents work through issues like property division, custody, parenting time, and support. The goal is to reach an agreement that is practical, durable, and focused on the best interests of the children.

  • Yes, each party should have their own attorney to provide independent legal advice and review any agreement before it’s signed. The mediator must remain neutral and cannot give legal advice to either side.

  • With limited exceptions, mediation is confidential. This allows parties to speak openly and explore options without worrying that offers or statements will be used against them in court later.

Civil Mediation

  • Civil mediation is often helpful when both sides want to control risk and cost, when relationships matter, or when a creative solution is better than a “winner-take-all” trial result. It can be effective at many stages of a case.

  • Yes, courts sometimes order mediation before a case can go to trial, especially in civil and family matters. Even when not required, many attorneys and parties choose mediation voluntarily

  • You’ll typically spend the day in private rooms while the mediator goes back and forth between parties. There may be joint sessions, private discussions, and a series of offers and counteroffers, all aimed at working toward a resolution.

Civil Appeals

  • A civil appeal asks a higher court to review a final decision made by a trial court. The focus is on whether legal errors were made, not on re-trying the case or presenting new evidence.

  • Appeals are based primarily on written briefs and the trial record, and sometimes oral argument. No witnesses testify, and no new evidence is introduced; the appellate court reviews what already happened for legal error.

  • There must be a specific legal error or issue that affected the outcome of your case. Our appellate attorney can review the record and judgment to evaluate whether an appeal is realistic and worthwhile given the costs and chances of success.

Spanish-Language Services

  • Yes. Stein Law proudly serves Spanish-speaking clients and families. We have an attorney and staff who can communicate in Spanish and help make the legal process more understandable and comfortable.

  • We assist Spanish-speaking clients in many of the same areas as our English-speaking clients, including personal injury, family law, criminal defense, estate planning, and traffic or license issues.

  • They shouldn’t. Our goal is to remove those barriers by providing clear explanations, translated documents when needed, and patient communication so you fully understand your rights and options at every step.

Still Have Questions?

Every situation is different, and no FAQ page can cover everything.

If you’re facing a legal problem, or planning ahead to avoid one, our team is here to listen and help you move forward with clarity.

Contact Us Today
812-948-6000

Call or text to speak with a real person, or send a message anytime.