Helping You Put Your Life Back On Track After A Serious Injury
Recently, an appellate court released an opinion addressing when Indiana courts can impose individual liability on a government employee. The Indiana Tort Claims Act (ITCA), provides very few avenues of relief for individuals who wish to recover after suffering injuries that were caused by the negligent acts or omissions of a government employee. However, recovery is possible in certain types…
The Federal Tort Claims Act (FTCA) is a statute designed to allow private individuals a way to hold the government and their employees responsible for tortious acts that they commit. Before the passage of the FTCA, the government was immune from lawsuits based on the theory of sovereign immunity. However, the FTCA allows Indiana injury victims to hold the federal…
Indiana’s Supreme Court recently decided that a high school could not be held liable for failing to supervise a student after the student left without permission. The 16-year-old student left the school grounds of an Indianapolis high school without permission and was subsequently shot and killed. His estate filed a lawsuit against the school claiming that it was negligent in…
Dangerous roads are one of the most often overlooked causes of Indiana car accidents. In part, road design and maintenance may be overlooked because it can be difficult to successfully pursue an Indiana personal injury claim based on the dangerous design or negligent maintenance of a road. However, the possibility of encountering an obstacle should not discourage an accident victim…
As we frequently discuss in this blog, Indiana landowners owe a duty of care to those whom they allow to enter their property. When a landowner fails to live up to this duty, they may be liable for any injuries caused on their property through an Indiana premises liability lawsuit. The extent of any duty that is owed to a…
Earlier this month, the Ninth Circuit Federal Court of Appeals issued a written opinion in a Federal Tort Claims Act (FTCA) case that may impact Indiana personal injury and wrongful death cases involving minor victims. The case required the court to determine if a claim under the FTCA is automatically tolled while the plaintiff is a minor. Ultimately, the court…
Recently, a state appellate court issued an opinion in a personal injury case involving a car accident that was allegedly caused by a police officer’s negligence. The case presented the court with the opportunity to discuss whether the city that employed the officer was entitled to governmental immunity. Ultimately, the court concluded that because the officer failed to drive with…
Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s claim against the city that employed a police officer who struck her car while responding to an emergency call. The case presents important issues that frequently arise in Indiana personal injury cases that are brought against government employees or entities under the Indiana…
The Federal Tort Claims Act (FTCA) provides a means for citizens to file a personal injury lawsuit against the United States government. And while the substantive laws governing Indiana car accident cases do not change depending on the defendants named in the case, there may be additional procedural requirements in cases that are filed against a government defendant.One of the…
As a general matter, the state and local governments enjoy immunity from personal injury lawsuits. However, each state has a tort claims act that statutorily waives immunity in some situations. Each state’s tort claims act is a little different, with most states outlining the situations in which immunity is waived. Indiana’s Tort Claims Act, however, is different in that it…