Indiana Injury Lawyer Blog

Indiana law expressly states that an attorney cannot receive more than 15% of any award the attorney obtained on behalf of his client to be paid out of the patient's compensation fund. See IC 34-18-18-1.

In 2007, however, the Indiana Supreme Court found it to be okay when an attorney used a sliding scale fee arrangement ("agreement") in representing his client in a medical malpractice case, stating it was not an unreasonable fee given the circumstances and difficulty of the case. Under the Court's holding, for example, if the maximum amount recoverable under Indiana's Medical Malpractice Act ($1,250,000) was awarded to the patient, "the maximum possible total attorney fee would be $400,000, calculated by taking 100% of the non-Fund recovery ($250,000) plus 15% of $1,000,000 Fund recovery ($150,000). The resulting attorney fee would be 32% of the total recovery . . . ." In re Stephens, 867 N.E.2d 148 (Ind. 2007).

A firefighter from Jamestown Indiana was seriously injured while responding to an accident scene on Interstate 74 in Boone County Indiana. The accident occurred on December 26, 2008 when a semi truck ran over the emergency response firefighter while he was at the scene of two accidents on I-74. The firefighter was reportedly pinned under the truck for approximately 30 minutes before being rescued and taken to Methodist Hospital in Indianapolis.

Newsday.com reported that the largest city in America paid $403 million to settle personal injury lawsuits in the fiscal year of 2008, which accounted for a 6% increase from the amount paid in the previous fiscal year. The highest settlement was $8.5 million, going to compensate a school guidance counselor who lost vision in one eye after having a broken door slammed in his face by a child.

In a lawsuit against Bridgestone Firestone North American Tire ("Bridgestone"), plaintiff brought suit against Bridgestone after her child was fatally injured in a rollover automobile accident, alleging that the accident was caused by a failed Bridgestone tire.

Plaintiff presented testimony from an expert witness who opined that the tire failure was caused by separation in the tread and upper steel belt from the body, it had insufficient fatigue strength/age deterioration/resistance to cracks, and it had an inadequate liner/wedge.

Bridgestone moved to have the negligence and strict liability claims against them dismissed, arguing under FRE 702, Daubert v. Merrell Dow Pharmaceuticals, and Kumho Tire Co. v. Carmichael that plaintiff's expert was unqualified to render a reliable expert opinion on the matter.

U.S. District Court Judge David G. Campbell from Arizona rejected Bridgestone's arguments holding that plaintiff's expert was qualified "by knowledge, experience, training and education to testify on the cause of the tire failure;" citing the expert's graduate training in mechanical engineering and 19 years of evaluating failed tires and consulting work on these matters.

See Andrews et al. v. Bridgestone/Firestone Inc. et al.

As Indiana drivers gear up for the winter months ahead, it is important all drivers keep in mind the additional challenges winter driving in Indiana can present. In the winter months, Indiana roadways can turn from bad to worse in a short amount of time. Strong winds, significant temperature changes in short periods of time, and snow or other forms of mixed precipitation are all contributing factors.

When the necessary conditions are present, Indiana drivers should be on the lookout for black ice. Black ice is dangerous because it is clear and from a drivers vantage point, it appears the same color as the roadway surface on which it lies. Black ice is created by freezing rain or other forms of precipitation occurring around the freezing temperature. Bridges and overpasses are prone for black ice for the reason that while the temperature of other roadway surfaces may be above freezing with no ice, bridges and overpasses are susceptible to cold air above and below its surface, resulting in colder surface temperatures and the formation of black ice.

If you realize or suspect that you are driving on black ice this winter, remember the following tips:
1. Refrain from giving the car more gas, with the ultimate goal being to slow the speed of the vehicle;
2. It is best not to slam on the brakes, but instead tap the brakes lightly;
3. If your vehicle begins to skid or slid in one direction or another, turn your wheel in the direction of the skid; and
4. Always remember to wear your seatbelt.