A swimming pool might be an eye-catching addition to a home, but it can pose bodily harm to people. Because of this, swimming pools often belong to a category of property features called attractive nuisance. What is an attractive nuisance? An attractive nuisance is a...
Personal Injury
How premise liability insurance works
Contrary to popular belief, you do not always have to file a lawsuit against your friend or a small business owner if you get hurt on their property. Some people prefer to keep their injuries to themselves because they do not feel comfortable demanding compensation....
Is my landlord liable for my visitor’s injury at his premises?
As a tenant, you'd want nothing more than for your home to be a safe and welcoming space for both you and your visitors. However, accidents happen, and if your visitor gets injured while visiting your place, would your landlord be liable for the damages? Or are you...
What is a wrongful death lawsuit?
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...
Indiana: Injuries in Sports Drills Are Judged in Light of Sport as a Whole
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…
How New Medical Research May Impact Emotional Distress Claims
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...
Biting 7th Circuit Decision Reverses Denial of Social Security Disability Benefits
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...
Insurance Bad Faith Claims Involving a Decedent’s Estate: Pistalo v. Progressive
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...
How Requiring Uninsured Patients to Pay Chargemaster Rates Impacts Personal Injury Cases
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....
The Role of Medical Expenses in Personal Injury Cases: Stanley v. Walker
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...