Articles Tagged with Indiana injury lawyer

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.bar

Individuals who are deemed liable for the injuries of another person – whether through negligence or intentional conduct – can be ordered in civil court to cover damages for medical bills, lost wages, and pain and suffering. This is separate and apart from any order of restitution in a criminal court, since the two operate independently of each other. While no insurance company will pay for the cost of intentional injuries inflicted by an insured, they could be responsible to cover third-party liability in such a case. For example, if you are injured at a bar in an attack by a fellow patron, you may have grounds to sue the bar itself in an Indiana premises liability claim if there is evidence such an incident was foreseeable, and the bar’s security was inadequate.

It’s often in a victim’s best interest to explore civil injury case options, since restitution orders often only take into account actual damages and often do not calculate payouts based on intangible losses, such as pain and suffering and mental anguish.

Most Indiana personal injury lawsuits involve a claim for reimbursement of medical expenses – past and future. Thus, a central point of contention for some litigants is “what is the reasonable cost of medical care?”car crash

Many courts have accepted that the amount billed for services can be taken at face value as “reasonable” for services rendered. However, defendants are increasingly challenging these amounts, saying they should not be taken at face value as “reasonable.” One thing that constrains this rebuttal, however, is the collateral source rule. Jurisdictions vary greatly on the collateral source rule application and scope, and the law is constantly evolving. Indiana is no exception, as shown in the recent case of Patchett v. Lee, before the Indiana Supreme Court.

In general, American case law prevents the admission of evidence that a plaintiff or victim in a personal injury lawsuit received compensation from a source other than damages sought by the defendant. Thus, for example, if you are injured but had private health insurance that covered a substantial portion of your medical costs, that information would not be subject to review by the jury. The idea is that this could unfairly affect the jurors’ perception of the compensation to which a plaintiff is entitled.

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The estate of an Indiana man who died following a fistfight at a house party won a partial victory before the Indiana Supreme Court recently, paving the way for at least one wrongful death claim to proceed to trial. keg

In Rogers v. Martin, the plaintiff alleged the defendant, who co-hosted a house party at which alcohol was served, breached her landowner-invitee duty to exercise reasonable care to protect those on her property and also violated the state’s Dram Shop Act, resulting in harm to another person.

This case highlights the duty of care party hosts owe to their guests, which is an important consideration especially as we’re nearing the holidays, when there tends to be an increase in large gatherings.

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