Indiana Workplace Injuries and the “Exclusive Remedy” Provision of Indiana’s Workers’ Compensation Act Being involved in an Indiana workplace accident is a stressful experience. Not only must the injured employee worry about physical recovery after the accident, but injured employees must also take time away from work. On top of this, there are […]
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Handling Minor’s Claims For Personal Injury
HANDLING MINOR’S CLAIMS FOR PERSONAL INJURIES As personal injury counsel, we are often faced with the difficult task of working on behalf of injured children and their families. As parents, we understand that injuries to children can involve devastating and heartbreaking situations and present unique legal issues which practitioners need to consider. When […]
Read more...Availability of Pain and Suffering Damages In Indiana
Availability of Pain and Suffering Damages Under Indiana Law Whether you’re a Hoosiers fan, one of the Fighting Irish, or you prefer the thrill of the Indianapolis Motor Speedway, you know accidents don’t just happen to athletes and racecar drivers. If you’ve been injured and you’re pursuing a claim against someone in Indiana, you may […]
Read more...Child Injury Lawyer in Indiana
Child Injury Lawyer in Indiana Just the thought of a child being injured is enough to frighten any parent. When an injury does occur, especially due to the carelessness or neglectful act of another person, the emotional effect is multiplied as it touches every member of the family. Holding the responsible party accountable and […]
Read more...Defamation Claims in Indiana
Under Indiana law, the elements of a defamation claim are: a communication with defamatory imputation; malice; publication; and Damages. Bochenek v. Walgreen Co., 18 F.Supp.2d 965 (N.D.Ind. 1998). A plaintiff must also prove that the defendant’s fault in publishing the statement amounted to at least negligence. Defamation Per Se In Indiana, a communication constitutes defamation […]
Read more...Availability of exemplary damages in Michigan
What are Exemplary Damages? Exemplary damages are awarded in order to “compensates plaintiffs for humiliation, sense of outrage, and indignity resulting from injustices maliciously, willfully, and wantonly inflicted by the defendant.” McPeak v McPeak (On Remand), 233 Mich App 483, 490, 593 NW2d 180 (1999) A plaintiff who seeks exemplary damages for the defendant’s willful, […]
Read more...Is there a limit on medical malpractice damages in Michigan?
Does Michigan have a cap on medical malpractice damages? The short answer is, thanks to tort reform, yes. Like many states, Michigan “caps” or limits the amount of damages that are available to a plaintiff who has been successful in a medical malpractice lawsuit. Michigan’s cap is a little more complex than most states’. According to […]
Read more...Allowable Damages In Michigan medical Malpractice Cases
At the time of this writing, medical malpractice cases in Michigan have a cap on the amount of allowable damages. Unfortunately, Michigan legislators believe they alone, instead of the jury, should determine the amount of damages plaintiffs are allowed to obtain as compensation for injuries caused by the negligence of medical professionals. As in all […]
Read more...Nursing home refusing to install Bedrails To protect Patient
There is a dangerous issue one of my clients is facing. The client is residing in a nursing home. The nursing home is refusing to install bedrails to protect my client from falling out of his bed. He is not ambulatory. This is clearly unacceptable. The nursing home claims it is illegal for them to […]
Read more...How Your Own Insurance Company Can Become Your Adversary
Filing a lawsuit against someone who injures you appears easy on all the television shows. It goes something like this. 1. someone suffers injuries from the wrongful act of another 2. they find a good lawyer 3. they obtain a judgement awarding them money to compensate them for their injuries 4. They sale off into […]
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