Articles
The Minor’s Settlement – Extra Step(s) the Law Requires to Settle a Minor’s Injury Case
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 if one of the injured parties is under 18, the process is slightly more involved. Step 1 – Court Approval Where a minor (a child […]
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Guardianship vs Custody, What’s the Difference?
In today’s world, it is increasingly common for kids to be raised other than biological adults. Sometimes this is done informally. This is most common when parents get sick, become incarcerated, cope with addiction issues, or simply are having a difficult time serving as parents. They may reach out to their own parents, other relatives, or […]
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Guardianship is an Increasing Need
These days we are seeing an increase in the need for guardianships. There are several factors that possibly contribute to this. One factor is that through medical advancements people generally are living longer. In many cases, extended life does not equate to extended quality of life, or extended capabilities. It is only an extended life. […]
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Domestic Violence Orders of Protection
– INDIANA COURT OF APPEALS RULES THAT NEW EVIDENCE MUST BE PRESENTED TO JUSTIFY RE-ISSUANCE OF PROTECTIVE ORDER AFTER IT EXPIRED In Indiana, under the Civil Protective Order Act under I.C. § 34-26-5, a local trial court can issue a domestic order of protection (often referred to as a “protective order”) under procedures and for […]
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Doesn’t My Dog Get One Free Bite?
DOG-OWNER LIABILITY IN INDIANA According to the Humane Society of the United States, pet ownership has tripled in our country since the 1970’s, and as of 2012, 62% of all American households now own pets. Of those, 47% own at least one dog. (Pets By the Numbers, Humane Society of the United States, January 20, 2014). […]
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Emotional Distress and the ‘Bystander Rule’
THE EVER-BRODENING CLASS OF PLAINTIFFS 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 Clifton, […]
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Obtaining Mental Health Records for Litigation
In any litigation, the parties are almost certain to engage in the process of “discovery.” Discovery is the stage of a lawsuit-after all parties’ claims have been filed against the other parties, and all parties have answered-in which the parties engage in the exchange of information to develop their respective cases for trial (or settlement […]
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Overview of Personal Injury Cases and Their Evaluation
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. The “liability” aspect of the case is concerned with, “who is at fault?” It is answering the […]
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Child Custody—Who Gets It, and What is it Based On?
Child custody is often the stickiest issue in family law cases. The custody determination impacts both parents in very personal ways. If you are facing a divorce or paternity lawsuit, you probably share some of these concerns: Wouldn’t I be the better parent? Will my relationship with my child suffer if I don’t custody? Living […]
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Transfering Guardianships Between States
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 […]
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