Helping You Put Your Life Back On Track After A Serious Injury
Many personal injury victims are surprised to learn that they may settle their claims without needing to file a lawsuit. In fact, many personal injury cases are settled during the beginning stages of the claim (some lawyers would argue this is becoming more and more rare). Early settlement may occur when there is little or no question that the other…
More and more often, trial counsel try to impose the requirements of Indiana Rule of Evidence (“IRE”) 702 to limit and/or exclude expert testimony. Certainly, in the context of personal injury litigation, the parties can be expected to battle about who is qualified to render an expert opinion as to whether the collision, fall, etc. caused the plaintiff’s personal injuries.…
In Kosarko v. The Estate of Herndobler (Cause No. 45A03-1012-CT-668), the Lake County trial court denied a motor vehicle collision plaintiff prejudgment interest. Margaret Kosarko (plaintiff) was injured in an automobile accident involving Daniel Herndobler. Kosarko sued Herndobler for her injuries arising from the crash. Herndobler died while his case was pending and the administrator of his estate was substituted…
In the case of Hamilton v. Key (Cause No. 48D01-0905-CT-749), Dewayne Hamilton (the plaintiff) was riding his motorcycle and was seriously injured after a collision with another motorist at the intersection of two roads located northeast of Pendleton, Indiana. Hamilton was driving in the left southbound lane and Jacob Key (the defendant) was driving in the right southbound lane. Key…
In Person v. Shipley (No. 20S03-1110-CT-609), the Indiana Supreme Court agreed with the trial court that an engineering expert was qualified to provide expert testimony on the cause of a lower-back injury the plaintiff suffered when his tractor trailer truck was rear-ended by the defendant’s Buick sedan. The engineer’s qualifications included an undergraduate degree in mechanical engineering, a Ph.D. in…
Below Parr Richey Frandsen Patterson Kruse Attorney Paul Kruse responds to an editorial published earlier this fall in the Lebanon Reporter. Mr. Kruse counters several myths relating to tort reform for medical malpractice lawsuits, citing studies supporting his argument that medical malpractice costs represent a small percentage of overall healthcare costs. Furthermore, Mr. Kruse explains why no further tort reform…
As an Indiana medical malpractice lawyer, I am regularly contacted by people who have developed infections following medical procedures. These infections can be from many types of bugs such as staph or strep. No matter what the particular infection is, these post surgical infections can have serious consequences and can be life threatening. When thinking about these cases, it is…
In a recent decision, the Indiana Court of Appeals affirmed a ruling from the Marion Circuit Court, holding that an Indiana father who watched his son die after he was prematurely sent home from the hospital without his injuries being properly treated could recover damages for negligent infliction of emotional distress independently from damages awarded under the Adult Wrongful Death…
Indiana Supreme Court has granted transfer of a case involving Indiana’s workers’ compensation statute and a farmer’s insurance policy which aimed at excluding the farmer’s liability coverage. Everett Cash Mutual Insurance Company vs. Rick Taylor and Katrina Taylor, No. 02A03-0808-CV-386 (Ind. Ct. App. 2009), transfer granted (September 3, 2009). In Everett, a farmer employed an independent contractor business to paint…
When handling personal injury claims, plaintiffs’ counsel often address the resolution of subrogation liens, including those asserted by Medicare. Under federal statutes, Medicare is entitled to reimbursement when an injured Medicare recipient receives benefits which are later recovered through a settlement or judgment. New legislation has now given Medicare an effective – and harsh – means of recovering its subrogation…