The Federal Tort Claims Act (FTCA) provides a means for citizens to file a personal injury lawsuit against the United States government. And while the substantive laws governing Indiana car accident cases do not change depending on the defendants named in the case, there may be additional procedural requirements in…
All business owners owe their customers a duty of care to keep areas accessible to customers in a reasonably safe condition. This generally means eliminating any known hazards, conducting frequent inspections to discover hazards, and warning customers of hazards that are either in the process of being fixed or cannot…
Recently, a state appellate court issued an opinion in a personal injury case discussing what the court called the “sudden emergency doctrine,” explaining how it may be applied to excuse what may otherwise be considered negligent behavior. The case is important to Indiana car accident victims because the doctrine is…
Recently, a state appellate court issued a written opinion in a case presenting an interesting issue for many Indiana personal injury accident victims. The case involved an Indiana premises liability lawsuit, and required the court determine whether a group of wires on a hospital room floor were an obvious hazard or,…
Earlier this month, a state appellate court issued a written opinion in an Indiana car accident case discussing whether a man who was killed by an uninsured driver was covered under his employer’s car insurance policy. Finding that the policy did not include the employee as a covered person under…
A state appellate court recently issued an opinion in a car accident case involving a plaintiff’s claim that was denied by the defendant insurance company. The case required the court to consider whether a lower court was proper to grant the insurance company’s motion for summary judgment based on the…
Earlier this month, a federal appellate court issued a written opinion in an Indiana product liability case dismissing a plaintiff’s case for failing to file the required expert’s affidavit. The case is important for all Indiana product liability plaintiffs, because it explains when an expert witness may be required and…
In many Indiana personal injury cases, one or more parties files a motion for summary judgment before the witnesses are sworn and the actual trial begins. By filing a motion for summary judgment, a party is asking the trial judge to make a determination that they are entitled to judgment…
Recently, a state appellate court issued a written opinion in a personal injury case that raises an interesting issue confronting many Indiana car accident plaintiffs. The case required the court to determine if the plaintiff’s insurance company was required to provide underinsured motorist coverage in an accident involving a horse-drawn…
In Indiana personal injury cases, before a case reaches trial, it will likely go through the summary judgment stage. Summary judgment is a process in which either party can ask the court to rule in their favor before witnesses are sworn or evidence is considered. Essentially, the court reviews the…