Category: Personal Injury Articles

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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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PERSONAL INJURY AUTO CRASHES: Are the Other Driver’s Prior Convictions for OWI Admissible at Trial?

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 […]

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AN OVERVIEW OF PERSONAL INJURY CASES AND THE DAMGES RECOVERABLE

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. A. COMPARATIVE FAULT – THE ALLOCATION OF NEGLIGENCE The “liability” aspect of the case is concerned […]

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