It has been almost a year since we completed our twelve-part series on various aspects of damages recoverable through a lawsuit. The series was extremely successful with the installment on contract damages remaining our most highly read post each month to date. It was...
Damages
Damages Pt. 12 — Contract Damages
This week’s post, brought to you by the attorneys at Pavlack Law, seeks to explain the various damages that can be recovered for the breach of a contract. Before jumping into the damages aspect it is important to realize that in a technical legal sense a contract is...
Damages Pt. 11 — Wrongful Death
In this week’s installment of the ongoing series on damages the attorneys here at Pavlack Law discuss both the ability to recover damages and to whom damages may be awarded under Indiana’s Wrongful Death Statute. In order to understand how Indiana’s Wrongful Death...
Damages Pt. 10 — Punitive Damages Under Indiana Law
It is one of the most well known phrases in all of the law of damages. Almost everyone has heard the term punitive damages. It is what took a $160,000 personal injury case against McDonalds into a jury award of $2.86 million. However, few have a grasp on this area of...
Damages Pt. 9 — Damages for the Loss of Chance of Survival from Medical Malpractice
This week the attorneys at Pavlack Law discuss Indiana’s “loss of chance” doctrine in Medical Malpractices cases. The loss of chance doctrine attempts to provide compensation for a patient – or the patient’s estate if he or she has passed on – where because of medical...
Damages Pt. 8 — Ability to Recover by Piercing the Corporate Veil
In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss the doctrine of piercing the corporate veil. While this doctrine is not inherently one of damages, but rather of recoverability, it is a concept that makes the award of damages...
Damages Pt. 7 — Indiana Crime Victim’s Relief Act
In this week’s installment in our series on damages, the attorneys at Pavlack Law discuss damages available to a victim of a criminal offense. While it is true that in many, if not most, cases in which a person has committed a crime against another there is a...
Damages Pt. 6 — Availability of Prejudgment Interest
In this, the sixth installment in our series on damages, we discuss the issue of prejudgment interest and when it may be available to a successful plaintiff. One aspect of damages that is often overlooked by both litigants and their attorneys is the role of...
Damages Pt. 5 — Assessing Damages When Injured Person is Partially at Fault
In the fifth installment in our ongoing series of posts discussing damages the attorneys here at Pavlack Law discuss the two competing concepts of contributory negligence and comparative fault. While the concept of contributory negligence is fundamentally an issue of...
Damages Pt. 4 — Damages for Negligently Inflicted Emotional Distress
In the long history of the law governing torts there has been, perhaps, no more contentious form of damages than those for emotional distress. The result of the long series of battles to expand emotional distress injuries has resulted in – as is so very often the case...