When a worker acting in the course and scope of employment is negligent and causes injuries or death to another person, there are two ways the employer could be held liable: Vicarious liability, through the legal doctrine of respondeat superior; or Direct liability (i.e., negligent training, negligent hiring, negligent supervision, etc.). Recently, the Indiana Supreme…
Continue reading ›In an issue of first impression, the Indiana Court of Appeals ruled recently in an Indiana car accident lawsuit that a vehicle that is insured but denied coverage following a crash should be considered uninsured under state law. The case has implications for future uninsured motorist (UM) claims in Indiana. Indiana requires every newly-written auto…
Continue reading ›If you are a victim of violence in Indiana leading to injuries, you are probably aware that a pending criminal case against your attacker(s) could involve an order of restitution upon a conviction. What you may not know is that you have further legal options in a civil lawsuit. Individuals who are deemed liable for…
Continue reading ›If you are injured on property owned or occupied by someone else, you may have the right to sue that person or company for coverage of your injuries under a portion of law known as premises liability. Premises liability refers to the duty owed by the property owner to the visitor. If that duty was…
Continue reading ›An Indiana dentist, under fire for allegedly over-billing Medicaid and over-treating patients, will not have to face a civil trial for at least three of those patients, after their Indiana medical malpractice claim was shot down for failing to comply with the statute of limitations. In a recent decision, the Indiana Court of Appeals ruled…
Continue reading ›Nothing is more devastating than the loss of a child, especially when it occurs because of another person’s negligence, or the failure to use reasonable care. Recently, the Indiana Court of Appeals ruled that Indiana’s Child Wrongful Death Statute, Indiana Code 34-23-2-1, allows for attorney fees and litigation expenses. This was an issue of first…
Continue reading ›The parents of a teen killed in a drunk driving accident in Muncie have filed a wrongful death lawsuit against the motorist accused of killing him. The negligence lawsuit comes little more than a year after the defendant was convicted of driving while intoxicated causing death and driving while intoxicated causing serious bodily injury. The…
Continue reading ›Liability will be a hotly disputed issue in a recently filed Indiana truck accident lawsuit. According to NWI.com, the lawsuit was filed on behalf of a 35-year-old man with autism who suffered significant brain damage and multiple fractures when the medical transportation van in which he was riding was broadsided by a semitrailer. His 72-year-old…
Continue reading ›Jurors in an Indiana medical malpractice lawsuit ruled against a now-deceased physician accused of performing an allegedly unnecessary surgery on a 16-year-old athlete. The South Bend Tribune reports the lawsuit was filed in June 2015. The defendant physician died about a year later, but the case continued against his estate. The plaintiffs alleged their athlete…
Continue reading ›A default judgment in an Indiana personal injury lawsuit can occur when there is a failure to take action by one of the involved parties. In most cases, it’s a judgment in favor of the plaintiff (the injured person) when the defendant (the tortfeasor/alleged wrongdoer) has failed to respond to a summons or appear in…
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