In this article, you can discover… How multi-party personal injury claims differ from other claims How to identify all parties involved in your accident Pitfalls to avoid when involved in a multi-party claim What Are Multi-Party Personal Injury Claims And How Are They Different From Other Claims? Multi-party claims may involve multiple plaintiffs or multiple defendants. These cases can be complicated as parties are likely to blame one another and disagree as to their level of personal responsibility for the resulting injuries and damages. In Indiana, there’s a statutory legal principle in place called “comparative fault.” At trial, the jury will be instructed to consider how much fault, if any, should be allocated to all the parties (including the injured plaintiff), such that they all add up to 100%. If…Read More
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 are many forms of discovery, but the most common are Interrogatories, Requests for Production, and Depositions. The topics covered by discovery must be relevant to the pending litigation. “Relevance” is defined broadly, however; the information sought does not have to be admissible in evidence. Instead, it only must be deemed “reasonably calculated to lead to the discovery of admissible evidence.” Interrogatories are written questions that must be answered fully and…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 been caring for Ray following his back surgery six months prior. At 11:15 one morning, Darryl left home on his moped to head to town. Unbeknownst to Ray, he was involved in a tragic accident. Ruby McCammack negligently pulled out in front of him. As Ray watched TV at home, he saw a breaking news story of a motorbike fatality on Kentucky Avenue. Ray had a horrible feeling knowing that…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 may award monetary damages – but the defendant does not face incarceration. The distinction in the two areas is long-standing and clear. However, in 1998, Indiana’s legislature enacted a statute known as the Crime Victim’s Relief Act (or ACRA). It provides additional relief for a plaintiff in a civil suit (where only monetary damages are available) who has been wronged by someone whose behavior is also considered criminal conduct. There…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 engage in settlement negotiations. These cases also include unique additional steps as part of their process. The first step is that the court must approve the settlement. This is required in all settlements where minors are involved, protecting both the minor and insurance company. Minors are generally deemed incompetent under the law, meaning they can’t enter contracts or file lawsuits. Lawsuits – Because they can’t file a lawsuit, the statute…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 a Last Will and Testament and planning for their death. But planning for what happens in the years before you pass away is equally important. In Indiana, two important tools are the General Durable Power of Attorney and the Health Care Representative Appointment. These are two distinct documents found in separate titles of the Indiana Code. But both can be important to have in place. For the sake of simplicity,…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 this, but for most people, it means carrying liability insurance. Liability insurance provides monetary coverage for damages one causes other people as the result of negligent driving. (In Indiana, the minimum liability limit is $25,000 per person – which is the same amount that was required when I got my driver’s license nearly 4 decades ago. That amount is way too low for today’s medical costs, but that’s an article…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 some other coverages that most people don’t think much about, and to encourage you to explore them with your agent. 1. Medical Payments. The first and least well-known coverage is the medical payments coverage. It wasn’t until I became an attorney involved in personal injury cases that I was aware that this coverage even existed. I certainly couldn’t ever remember talking about it with my agent. As an attorney, however, I…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 bar, hit Pappas head-on. Sims’ blood-alcohol content was at .18% (more than double the legal limit of .08%). Pappas sustained several broken bones, including his ankle – which required surgery. Pappas hired legal counsel and sued for damages to compensate for the injures, including medical expenses, lost wages, future lost wages and impaired earning capacity, as well as pain and suffering. In addition to such “compensatory” damages, Pappas made 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?” It is answering the necessary question of who caused the incident. In this part of the evaluation, you must consider whether it is just one person (or business) who is at fault, or are there others, including yourself, that a jury might conclude to be responsible for causing the incident? Prior to 1985, any negligence attributable to the injured party (known as “contributory negligence”) prevented any recovery by the injured…Read More
