Helping You Put Your Life Back On Track After A Serious Injury
All personal injury cases are subject to a statute of limitations. Statutes of limitations lay out the time frame in which a plaintiff needs to file their case. If a case is filed after the statute of limitations, it will be dismissed by the court as untimely unless an exception applies. Medical malpractice cases in particular are subject to generally shortened and…
Whenever someone is involved in an accident, certain duties are triggered. One of those duties is to preserve any evidence that may become useful to the opposing party in the event that a lawsuit is later filed by the accident victim. A party’s failure to preserve material evidence can result in a variety of sanctions being imposed against that party,…
Earlier this month, an Ohio woman recovered over $1.3 million after a jury found in her favor in a premises liability lawsuit filed against a supermarket chain. The lawsuit alleged that the supermarket chain failed to provide adequate instruction to customers using motorized shopping carts. According to one industry news source reporting on the case, the accident occurred back in…
Last month, an appellate court in California issued an interesting opinion regarding when a negligent driver’s employer can also be held liable in a personal injury lawsuit. In the case, Jorge v. Culinary Institute of America, the court ultimately determined that since the fatal accident occurred while the defendant’s employee was on his way home from work and was not engaged…
Earlier this month, a court found that pharmacists have a duty to retain medication returned to the pharmacy by a patient if the medication was returned as a result of a potential pharmacy error. The court in the case of Burton v. Walgreen Corporation held that the pharmacy should keep the returned medication because it may be relevant to an…
Earlier this month, one state’s appellate court discussed and adopted the “continuing course of treatment” doctrine in the context of a medical malpractice case. In the case, Parr v. Rosenthal, the court determined that it would adopt the doctrine, but it held that the specifics of the case at issue prevented the doctrine from being applied to extend the statute of…
Good Samaritan laws were designed to protect passersby from liability when they try to help an injured person during an emergency. The idea is that if the law fails to offer protection to someone trying to help another person in peril, citizens are unlikely to ever offer such assistance for fear of civil liability. However, the type of conduct that is covered…
Earlier last month, an appellate court issued a written opinion in a car accident case brought by a man who was injured by an on-duty paramedic on his way to the scene of an accident. The case, Aldana v. Stillwagon, presented the issue of whether a case involving a regular traffic accident caused by an on-duty paramedic should be considered a…
Earlier this month, an appellate court in Idaho issued a written opinion affirming a jury’s verdict in favor of a man who lost his wife to a serious infection after undergoing a procedure at the defendant’s cosmetic clinic. In the case, Ballard v. Kerr, the court dismissed the defendant’s approximately 20 claims of error and affirmed the jury’s verdict below.…
Auto insurance coverage is required in Indiana, and most motorists are familiar with the coverage they have and how to go about using it when the need arises. However, the contract that is entered into between a motorist and an insurance company is lengthy, and most motorists do not take the time to read over the entire policy but instead skim…