Todd C. Barsumian

Todd C. Barsumian was selected by Indiana Super Lawyers as a Rising Star in 2009, 2011, 2012 and 2013 and a Super Lawyer in 2018 and 2019. Todd has been selected to The National Trial Lawyers Association: Top 40 under 40 for the State of Indiana and to the Top 100 Civil Plaintiff Trial Lawyers in Indiana. He is a recipient of the Top 100 Attorneys Lifetime Achievement Award in Indiana and has been selected to the National Association of Distinguished Counsel Nation's Top 1 Percent.

After spending 12 years at the Evansville law firm of Kahn, Dees, Donovan & Kahn, LLP, where he was a litigation partner, he established Barsumian Armiger in 2010.

Todd has an exceptionally wide range of litigation experience. He successfully represented a severely injured child in a negligence and product liability case that prompted a national recall of a product purchased off the shelf of a Tri-State retailer. Having once been hired by insurances companies, his knowledge of both sides in evaluating cases is a valuable asset for clients.

In addition to personal injury and product liability, his litigation experience includes cases of commercial and semi-truck accidents, unfair business competition, misuse of trade secrets, copyrights, trademarks and domain names, breach of contract and even a fraud claim involving the authenticity of marginal notations claimed to have been made by Leonardo da Vinci.

Drake University Law School

J.D. | Law

1995 - 1998

Honors: Honors, CALI Award for Constitutional Law

Activities: Law Review

Hanover College

B.A. | History

1991 - 1995

Honors: Mortar Board

Owner

Barsumian Armiger Injury Lawyers

2010 - Current

Partner

Kahn, Dees, Donovan & Kahn, LLP

2006 - 2010

Associate

Kahn, Dees, Donovan & Kahn, LLP

1998 - 2005

Practice Makes Privileged: Protecting the Testifying Expert

Indiana Lawyer

January 1, 2009

Issues Facing the Defense Lawyer in the Tri-Partite Relationship: Excess Judgments and Reservations of Rights Letters, DTCI Annual Conference

January 1, 2009

Defense Trial Counsel of Indiana

Registered Mediator

Indiana Commission for Continuing Legal Education

2009

Super Lawyer

Super Lawyers

2019

Selected to Super Lawyers: 2018 - 2019

AV Preeminent

Martindale Hubbell

2019

Peer Rated for Highest Level of Professional Excellence

Lifetime Achievement Award

America's Top 100 Attorneys

2017

Top 100 Trial Lawyers

The National Trial Lawyers

2016

Rising Star

Super Lawyers

2013

Selected to Rising Stars: 2009, 2011 - 2013

Indiana State Bar

Member

Current

Evansville Bar Association

Member

Current

Indiana Bar Association

Member

Current

Kentucky Bar Association

Member

Current

Indiana Trial Lawyers Association

Member

Current

Indiana

Since 1998

Kentucky

Since 2001

• Free Consultation
  Injury claims only.
• Contingent Fees
  On a case-by-case basis.

• Car Accidents

Q. We got in a very bad accident with a Semi. Semi was at fault . But my license is currently suspend due to insurance.

January 16, 2020

A: You do not say whether or not you were injured or whether there was only property damage. However, your situation as an uninsured driver would not necessarily prohibit you from recovering damages, although it may prohibit you from recovering certain noneconomic damages. Indiana has what they call a "No Pay, No Play" law that could potentially limit the damages you are able to recover IF you are a repeat offender for failure to procure insurance. The law provides and is highlighted in caps in relevant part:

IC 34-30-29.2-3Prohibition on recovery of noneconomic damages

Sec. 3. (a) A person who:

(1) sustained bodily injury or property damage as the result of a motor vehicle accident; and

(2) WAS AN UNINSURED MOTORIST WITH A PREVIOUS VIOLATION AT THE TIME of the motor vehicle accident;

MAY NOT RECOVER NONECONOMIC DAMAGES for the person's bodily injury or property damage from the owner or operator of another motor vehicle involved in the motor vehicle accident.

(b) The personal representative of a person who:

(1) died as the result of a motor vehicle accident; and

(2) was an uninsured motorist with a previous violation at the time of the motor vehicle accident;

may not recover noneconomic damages under IC 34-23-1 for the person's death from another motor vehicle involved in the motor vehicle accident.

The Statute defines what is considered economic damage and noneconomic damage. Noneconomic damage includes things like pain and suffering and emotional distress, as well as physical impairment. Economic damage includes things like medical bills and lost wages.

Injury cases are time sensitive, as evidence can be lost or destroyed if not secured and potential defendants may change their position with regard to fault. In serious accidents where fault or the nature and extent of injuries may be at issue, it may be necessary to have an accident reconstruction performed. Depending on the severity of your injuries and damage, you may want to consider contacting an attorney with experience in handling automobile and truck collision cases. Most offer free consultations and work on a no recovery, no fee basis. Good luck.

Todd Barsumian ... Read More

Q. If a cyclist on a sidewalk crosses in front of my car as I begin to accelerate from a complete stop and [Cont.]

August 20, 2019

A: When it comes to a question about fault, unfortunately, or fortunately depending on your perspective, the answer is often, "it depends." With certain exceptions, namely governmental actor liability and medical malpractice where contributory negligence applies, Indiana is a modified comparative fault state. If the injured person's fault is found to be 51% or more out of the 100% of available fault by the trier of fact (judge or jury), then they will be unable to recover any damages, as a defense verdict will follow. If fault is determined to be 50/50, then the injured person is still entitled to make a recovery. The amount of damages awarded will then be reduced by the percentage of fault of the injured person. Indiana has a fairly lenient summary judgment standard, which means that its courts are reluctant to decide an issue such as fault as a matter of law absent clear and undisputed evidence. What this means is that nearly all issues involving a fault determination in a comparative fault setting will make it to trial, so long as there is some evidence in favor of the party suing not being at fault.

In determining who is at fault between a cyclist leaving a sidewalk and a motorist accelerating from a stop where the motorist collides with the cyclist, there could be several factors that go into the fault equation that a jury gets to decide. Bicycle laws in Indiana leave plenty of room for confusion when it comes to the respective rights of motorists and bicyclists. A motorist must always exercise due care on the roadway and follow the rules of the road. So too must a cyclist. There is nothing currently on the books in Indiana prohibiting a cyclist from riding on a sidewalk. Some localities have passed a variety of laws about cyclists that could impact this. Was it day or night? If night, was the cycle properly equipped with a lamp as required by law? Did the driver and cyclist make eye contact? Did anyone wave the cyclist across? Did the cyclist have and use a bell? Did the motorist hear it? Was the cyclist or motorist under the influence.

The law is often in a state of flux with new laws coming and old laws going. In 2014, Indiana passed a "dead red" law, allowing motorcycles, motorized bicycles, bicyclists and motor scooters to stop at a red light, but to go again after waiting two minutes, so long as they exercise the due care that is otherwise required of them. This was apparently due to bicycles not being able to trigger automatic lights. Depending on the locality, factual circumstances, credibility of the parties, and biases of the judge or jury, there could be a variety of fault allocations made under your scenario. Very challenging, but good question. ... Read More