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Todd C. Barsumian

Todd C. Barsumian

Barsumian Law LLC
  • Personal Injury, Products Liability, Arbitration & Mediation...
  • Indiana, Kentucky
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Summary

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 Law 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.

Practice Areas
  • Personal Injury
  • Products Liability
  • Arbitration & Mediation
  • Nursing Home Abuse
  • Medical Malpractice
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
    Injury claims only.
  • Contingent Fees
    On a case-by-case basis.
Jurisdictions Admitted to Practice
Indiana
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Kentucky
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Languages
  • English
Professional Experience
Owner
Barsumian Law LLC
- Current
Partner
Kahn, Dees, Donovan & Kahn, LLP
-
Associate
Kahn, Dees, Donovan & Kahn, LLP
-
Education
Drake University Law School
J.D. | Law
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Honors: Honors, CALI Award for Constitutional Law
Activities: Law Review
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Hanover College
B.A. | History
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Honors: Mortar Board
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Awards
Super Lawyer
Super Lawyers
Selected to Super Lawyers: 2018 - 2019
AV Preeminent
Martindale Hubbell
Peer Rated for Highest Level of Professional Excellence
Lifetime Achievement Award
America's Top 100 Attorneys
Top 100 Trial Lawyers
The National Trial Lawyers
RIsing Star
Super Lawyers
Selected to Rising Stars: 2009, 2011 - 2013
Professional Associations
Indiana State Bar
Member
Current
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Evansville Bar Association
Member
Current
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Indiana Bar Association
Member
Current
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Kentucky Bar Association
Member
Current
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Indiana Trial Lawyers Association
Member
Current
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Kentucky Justice Association
Member
Current
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American Association for Justice
Member
Current
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Publications
Articles & Publications
Practice Makes Privileged: Protecting the Testifying Expert
Indiana Lawyer
Speaking Engagements
Issues Facing the Defense Lawyer in the Tri-Partite Relationship: Excess Judgments and Reservations of Rights Letters, DTCI Annual Conference
Defense Trial Counsel of Indiana
Certifications
Registered Mediator
Indiana Commission for Continuing Legal Education
Legal Answers
1 Questions Answered

Q. If a cyclist on a sidewalk crosses in front of my car as I begin to accelerate from a complete stop and [Cont.]
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 exceed 51% 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. 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.
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Contact & Map
Barsumian Law LLC
Fishers Office
14074 Trade Center Dr.
#202
Fishers, IN 46038
USA
Toll-Free: (844) 268-7775
Telephone: (317) 644-6975
Fax: (317) 732-1792
Barsumian Law LLC
Evansville Office
411 Main St.
#300
Evansville, IN 47708
USA
Toll-Free: (844) 268-7775
Telephone: (812) 909-0496
Fax: (812) 610-9940
Barsumian Law LLC
Newburgh Office
5455 Old Indiana 261
Newburgh, IN 47630
USA
Toll-Free: (844) 268-7775
Telephone: (812) 490-0820
Fax: (812) 610-9940