When Can Mental Health Records Be Disclosed In Court? In any litigation, parties are almost certain to engage in discovery. Discovery is the phase of a lawsuit that occurs after all claims have been filed and both parties have responded. During this stage, the involved parties exchange information to build their cases for trial or potential settlement before trial. There…Read More
How Does Negligent Infliction Of Emotional Distress Work? On November 14, 2014, the Indiana Court of Appeals released its opinion in Clifton v. McCammack, No. 49A02-1404-CT-276. In doing so, it interpreted existing Indiana precedent to allow emotional distress damages to a broader class of persons. In this case, Ray Clifton had been living with his 51-year-old son, Darryl, who had…Read More
American legal proceedings can generally be divided into two categories: civil and criminal. Criminal cases are deemed to be brought by the “State” against an individual for crimes against society generally, and the defendant stands to lose freedom. Civil cases arise out of common law or statutory wrongs against another. The “wronged” individual may seek judicial relief, and the court…Read More
Most people know that when they are injured due to the negligence of others, they will either settle with the insurance company or go to trial. Settlement prevents surprises, but the process is slightly more involved if one of the injured parties is under 18. Step 1 – Court Approval If a minor (a child under 18) is involved, parents…Read More
Our office has been handling a lot of guardianship work over the past few years, and we have written some articles of interest on the topic. However, one legal tool that deserves its own article of introduction is the Power of Attorney (“POA”). When people think about seeing a lawyer to plan for the future, they usually think about doing…Read More
Operating a vehicle on Indiana’s public highways is a privilege; and with it comes great responsibility. Most driving adults recognize the serious injury or death that can arise when someone is negligent. This is why everyone is legally required to prove “financial responsibility” in order to register a vehicle for public operation. There are a couple of ways to do…Read More
When most people purchase insurance for your auto or residence, they typically only have a couple of protections in mind. First, they want to cover the auto or residence (and contents) in case of a mishap so that they can repair or replace them. Second, they are concerned about liability to others. This article is intended to inform you about…Read More
A recent case handed down by the Indiana Supreme Court provides a nice overview of two areas of our practice worth discussing in this paper for our clients: (a) The admissibility of prior drunk driving convictions in a personal injury case; and (b) punitive damages. Andrew Pappas was driving to work when Danny Sims, who had been drinking at a…Read More
From a legal standpoint, every personal injury case has two main issues: (1) liability; and (2) damages. Your attorney will be evaluating both of these issues at all phases of representation, starting from the moment you have your initial meeting. Comparative Fault – The Allocation Of Negligence The “liability” aspect of the case is concerned with, “who is at fault?”…Read More
Guardianships are generally subject to the ongoing supervision of the court where the guardianship was first established. Occasionally, someone who has been granted guardianship by the probate court in one state needs to transfer the guardianship to another state. This generally happens for one of two reasons: (1) the guardian and incapacitated person move to that other state; or (2)…Read More
