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 […]
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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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