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Indiana Injury Lawyer Blog

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Indiana Court of Appeals Determined Pendleton, Indiana Motorist Owed a Duty of Care to Motorcyclist After Waiving Motorcyclist Through Intersection Indicating it was Clear

In the case of Hamilton v. Key (Cause No. 48D01-0905-CT-749), Dewayne Hamilton (the plaintiff) was riding his motorcycle and was seriously injured after a collision with another motorist at the intersection of two roads located northeast of Pendleton, Indiana. Hamilton was driving in the left southbound lane and Jacob Key…

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Indiana Supreme Court Says Okay to Engineering Expert Providing Testimony as to Cause of Lower-Back Injury in Motor Vehicle Collision

In Person v. Shipley (No. 20S03-1110-CT-609), the Indiana Supreme Court agreed with the trial court that an engineering expert was qualified to provide expert testimony on the cause of a lower-back injury the plaintiff suffered when his tractor trailer truck was rear-ended by the defendant’s Buick sedan. The engineer’s qualifications…

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ATTORNEY PAUL KRUSE RESPONDS TO EDITORIAL ON TORT REFORM FOR MEDICAL MALPRACTICE LAWSUITS

Below Parr Richey Frandsen Patterson Kruse Attorney Paul Kruse responds to an editorial published earlier this fall in the Lebanon Reporter. Mr. Kruse counters several myths relating to tort reform for medical malpractice lawsuits, citing studies supporting his argument that medical malpractice costs represent a small percentage of overall healthcare…

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Infections after surgery, are they medical malpractice?

As an Indiana medical malpractice lawyer, I am regularly contacted by people who have developed infections following medical procedures. These infections can be from many types of bugs such as staph or strep. No matter what the particular infection is, these post surgical infections can have serious consequences and can…

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INDIANA FATHER’S EMOTIONAL DISTRESS CLAIMS FOUND INDEPENDENT OF HIS CLAIMS FOR DAMAGES UNDER THE ADULT WRONGFUL DEATH STATUTE

In a recent decision, the Indiana Court of Appeals affirmed a ruling from the Marion Circuit Court, holding that an Indiana father who watched his son die after he was prematurely sent home from the hospital without his injuries being properly treated could recover damages for negligent infliction of emotional…

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Indiana Supreme Court Will Take Closer Look at Exclusionary Clause in Farmer’s Personal Liability Policy with Everett Cash Mutual Insurance Company

Indiana Supreme Court has granted transfer of a case involving Indiana’s workers’ compensation statute and a farmer’s insurance policy which aimed at excluding the farmer’s liability coverage. Everett Cash Mutual Insurance Company vs. Rick Taylor and Katrina Taylor, No. 02A03-0808-CV-386 (Ind. Ct. App. 2009), transfer granted (September 3, 2009). In…

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New Medicare Laws Impact Personal Injury Cases

When handling personal injury claims, plaintiffs’ counsel often address the resolution of subrogation liens, including those asserted by Medicare.  Under federal statutes, Medicare is entitled to reimbursement when an injured Medicare recipient receives benefits which are later recovered through a settlement or judgment.  New legislation has now given Medicare an…

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The myth about frivolous lawsuits–what insurance companies don’t tell you

I have been a personal injury attorney at the law firm Parr Richey Frandsen Patterson Kruse for the past 30 years. Insurance companies and their clients have ignored the facts about personal injury litigation and propagate the myth that frivolous claims threaten society. In fact, insurance companies only pay for…

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Indianapolis Fourth Grader Killed After Being Hit By Bus

An Indianapolis fourth grader at Spring Mill Elementary school was killed last week after being struck by a bus. The child, Christopher Beltz, was hit after he was dropped off a bus and then reportedly ran into the path of another. Indianapolis police are currently investigating the incident. As a…

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May Declared Motorcycle Safety & Awareness Month in Tippecanoe County

With the warm weather months upon us, many of you have jumped at the chance to hit the open road on your motorcycle. While it is a great time of year to enjoy motorcycle riding, everyone must keep in mind the additional safety concerns that are associated with motorcycle use.…

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