Before any Indiana personal injury case reaches trial, the parties must go through the pre-trial discovery stage. During the discovery phase of a personal injury lawsuit, the parties are required to exchange relevant evidence, including documents, witness names, and other information, that is requested by the opposing party. Some relevant…
All Indiana personal injury cases must be filed within a certain amount of time, or the case will be dismissed and the plaintiff will be without any means of recourse. In Indiana, the statute of limitations for most personal injury cases is two years from the date of the injury.…
When someone intends on filing an Indiana wrongful death lawsuit, a thorough investigation must be conducted to determine all of the proper parties that should be named in the lawsuit. In situations in which a government entity is discovered to be one of the potential defendants, Indiana law requires that…
Earlier this month, a federal appellate court issued a written opinion that will likely be of interest to anyone considering an Indiana product liability lawsuit against a vehicle manufacturer. The case presented the court with the opportunity to answer two questions. First, it addressed whether the lower court was proper…
As a general rule, government entities cannot be held liable for Indiana accidents under the doctrine of sovereign immunity. The concept of sovereign immunity has been around since the formation of our country. Essentially, sovereign immunity provides total immunity to government entities and employees for their negligent acts. However, over…
Once a judge or a jury renders a verdict in an Indiana personal injury case, that verdict is final unless one of the parties involved decides to file an appeal to a higher court. Importantly, Indiana appellate courts will not revisit factual determinations of a judge or jury. This means…
One of the most contested aspects in many Indiana medical malpractice cases is the element of causation. Simply stated, in order to succeed in a medical malpractice case, a plaintiff must not only show that the defendant medical provider was negligent but also show that their negligence was the cause…
Last month, a state court in Georgia issued a written opinion in a workplace accident that is of interest to those considering bringing an Indiana personal injury lawsuit, especially for incidents that occurred in the workplace. The case presented the court with the opportunity to decide if a company should…
Indiana is among the several states that has a Dram Shop liability statute, which can act to impose civil liability on establishments that serve alcohol to patrons who later leave the establishment and cause a serious accident. Most commonly, Dram Shop cases involve a patron who leaves the establishment and…
Most people are aware that when a drunk driver causes an Indiana car accident, that driver can be held responsible for any injuries that occur as a result of the accident through an Indiana personal injury lawsuit. What may come as a surprise to some readers is that, under Indiana’s…