Helping You Put Your Life Back On Track After A Serious Injury
One of the most contested aspects in many Indiana medical malpractice cases is the element of causation. Simply stated, in order to succeed in a medical malpractice case, a plaintiff must not only show that the defendant medical provider was negligent but also show that their negligence was the cause of the plaintiff’s injuries. While this may seem simple in…
Last month, a state court in Georgia issued a written opinion in a workplace accident that is of interest to those considering bringing an Indiana personal injury lawsuit, especially for incidents that occurred in the workplace. The case presented the court with the opportunity to decide if a company should be liable for injuries to an independent contractor that occurred…
Indiana is among the several states that has a Dram Shop liability statute, which can act to impose civil liability on establishments that serve alcohol to patrons who later leave the establishment and cause a serious accident. Most commonly, Dram Shop cases involve a patron who leaves the establishment and causes an Indiana drunk driving accident; however, the Dram Shop…
Most people are aware that when a drunk driver causes an Indiana car accident, that driver can be held responsible for any injuries that occur as a result of the accident through an Indiana personal injury lawsuit. What may come as a surprise to some readers is that, under Indiana’s Dram Shop law, if the drunk driver was served by…
Medical malpractice cases can be brought under a number of different theories. For example, surgical errors and misdiagnoses are two common types of Indiana medical malpractice cases. Another theory of liability under the medical malpractice umbrella is called medical battery. Medical battery is based on the idea that a doctor can only perform a procedure on a patient who consents…
Anyone who has been involved in an Indiana car accident knows that dealing with insurance companies in the wake of the accident can be a real headache. While insurance is mandatory in all states and should act to provide compensation to car accident victims, the reality is that insurance companies are for-profit companies that are financially incentivized to pay out…
Earlier this month, an appellate court in Alabama issued a written opinion in a premises liability case that was brought by an accident victim against a local city that owned and operated the park where the plaintiff’s injury occurred. The case presented the court with the opportunity to discuss recreational-use immunity and what a plaintiff must show to overcome this immunity.…
In a recent opinion, a federal appellate court dismissed a case filed by an employee who claimed that he developed health issues after being exposed to a toxic substance. The employee was working on his employer’s roof and was exposed to fumes of a glue that contained methylene diphenyl diisocyanate (MDI). The employee brought a claim against the glue manufacturer, alleging…
Earlier this month, a state appellate court issued a written opinion in a lawsuit that was brought by the parents of a young girl who was injured while playing on a zip-line at her school’s playground. The case required the court to determine if the zip-line constituted a “dangerous condition” under the state’s government immunity statute. Finding that it did not,…
Earlier this month, one state appellate court issued a written opinion in a medical malpractice case brought by a woman who suffered serious injuries after a surgery that was performed by the defendant doctors. The case presented the court with the opportunity to determine the validity of a medical release waiver that the plaintiff had signed prior to undergoing the surgery. Ultimately,…