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Our Personal Injury Blog

 

Defense Verdict in Medical Malpractice Case Affirmed Based on Impeached Expert Witness Testimony

| Nov 13, 2017 | ,

Earlier this month, the federal circuit court of appeals overseeing both the northern and southern districts of Indiana issued an opinion in a medical malpractice case illustrating the importance of expert testimony in Indiana medical malpractice lawsuits. The case was brought to the court by the plaintiff’s appeal, which claimed that the lower court had erred in finding in favor…

Indiana Supreme Court Issues Important Opinion Involving Employer Liability for an Employee’s Negligent Acts

| Nov 6, 2017 |

Earlier this month, the Indiana Supreme Court issued a written opinion in an Indiana car accident case involving a plaintiff’s claim that the employer of a delivery driver was responsible for injuries caused by the delivery driver. The plaintiff made several claims, including one under the doctrine of respondeat superior as well as another claim alleging negligent hiring. Ultimately, the…

Recreational Use Statute Prevents Plaintiff’s Lawsuit Following Rope-Swing Accident

| Oct 25, 2017 | ,

Indiana landowners have a duty to make sure that their property is safe for the people whom they allow to enter and remain on their property. When a landowner fails to take adequate precautions to ensure a safe area, the injured party can generally seek compensation for their injuries through an Indiana premises liability lawsuit. Indiana’s recreational use statute, however,…

Summary Judgment in Indiana Premises Liability Lawsuits

| Oct 17, 2017 |

Before an Indiana premises liability lawsuit reaches trial, the plaintiff’s case will likely be challenged by the defendant through a process called summary judgment. Summary judgment is a procedural mechanism by which a court can summarily rule in one party’s favor when there are no factual disputes in the case, and the moving party is entitled to judgment as a…

Discoverable Material and Privilege in Indiana Personal Injury Cases

| Oct 12, 2017 |

Before any Indiana personal injury case reaches trial, the parties must go through the pre-trial discovery stage. During the discovery phase of a personal injury lawsuit, the parties are required to exchange relevant evidence, including documents, witness names, and other information, that is requested by the opposing party. Some relevant evidence that is otherwise discoverable, however, is exempt from the…

Court Resolves Statute of Limitations Argument in Favor of Defendant in Recent Premises Liability Lawsuit

| Oct 4, 2017 | ,

All Indiana personal injury cases must be filed within a certain amount of time, or the case will be dismissed and the plaintiff will be without any means of recourse. In Indiana, the statute of limitations for most personal injury cases is two years from the date of the injury. However, this time period can be extended in certain situations.…

Government Organization Potentially Evades Responsibility in Wrongful Death Lawsuit Due to Parties’ Procedural Missteps

| Sep 26, 2017 | , ,

When someone intends on filing an Indiana wrongful death lawsuit, a thorough investigation must be conducted to determine all of the proper parties that should be named in the lawsuit. In situations in which a government entity is discovered to be one of the potential defendants, Indiana law requires that certain additional steps be taken when naming that entity as…

Court Upholds Jury’s Fault Determination in Favor of Plaintiff in Recent Product Liability Case Brought Against Vehicle Manufacturer

| Sep 18, 2017 | ,

Earlier this month, a federal appellate court issued a written opinion that will likely be of interest to anyone considering an Indiana product liability lawsuit against a vehicle manufacturer. The case presented the court with the opportunity to answer two questions. First, it addressed whether the lower court was proper in dismissing the plaintiff’s case against the defendant vehicle manufacturer…

Indiana Personal Injury Lawsuits Against Government Entities

| Sep 12, 2017 |

As a general rule, government entities cannot be held liable for Indiana accidents under the doctrine of sovereign immunity. The concept of sovereign immunity has been around since the formation of our country. Essentially, sovereign immunity provides total immunity to government entities and employees for their negligent acts. However, over the years, states have enacted various laws that create exceptions…

Plaintiff’s Appeal Dismissed for Failure to Raise Issue at Trial

| Sep 6, 2017 |

Once a judge or a jury renders a verdict in an Indiana personal injury case, that verdict is final unless one of the parties involved decides to file an appeal to a higher court. Importantly, Indiana appellate courts will not revisit factual determinations of a judge or jury. This means that issues of credibility are not appealable. However, legal claims…

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