People hurt due to negligence, reckless behavior or intentional misbehavior can file a personal injury claim against the individual or entity responsible for the injuries. But not all people are fortunate enough to recover justice in their lifetime. A wrongful death...
Permanent Link Archived: https://perma.cc/HG64-J6K4 In May, we briefly discussed a case from the Court of Appeals of Indiana called Megenity v. Dunn. In that discussion, we said: Megenity was a case in which a woman was injured in a karate class when another participant chose to do a jump kick in a front kick exercise. The trial court granted summary…
This morning, one of my friends who is currently working on a Ph.D in the medical field brought to my attention an article that ran yesterday on Time Magazine’s Health & Family website entitled New Test Distinguishes Physical From Emotional Pain in Brain for First...
This week’s post, though dedicated on its face to the recent 7th Circuit decision Hughes v. Astrue, is really more of an homage to the often glib and brazen Judge Richard Posner. Just this morning I was reading an article lambasting Judge Posner for what was perceived...
As a general rule, an insurance company is not liable to an injured person for a judgment in excess of the policy limits of its customer’s insurance policy. However, this general rule gives way in certain circumstances where the insurer has acted with bad faith in...
This week we revisit our discussion from December 8 on the role of medical expenses in personal injury cases. The rise for this return to our prior discussion so quickly is the Indiana Supreme Court decision this past week in Allen v. Clarian Health Partners, Inc....
This week’s post is dedicated to a case from a few years back that radically changed the landscape of Indiana personal injury law. The case, Stanley v. Walker, may well not seem all that monumental without an in-depth understanding of the interplay between medical...
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...
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...
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...