Indiana Injury Lawyer Blog

In Bennett v. Richmond (No. 20S03-1105-CV-293), the Indiana Supreme Court held the trial court was correct in allowing a psychologist to testify that the plaintiff in a Elkhart County, Indiana truck accident case had a brain injury that was caused by the crash. The Court explains, in Bennett, the plaintiff underwent a neuropsychological evaluation with Dr. Sheridan McCabe, a psychologist. Plaintiff had been suffering from headaches and memory loss sinice the crash, but had not been diagnosed with a brain injury.

Dr. McCabe reviewed plaintiff's medical records and deposition, interviewed plaintiff and his wife, and administered a "battery" of neuropsychological tests to plaintiff. After which, Dr. McCabe testified that plaintiff had "experienced a traumatic brain injury in the accident."

In reaching its holding that it was appropriate for Dr. McCabe to testify plaintiff had suffered a traumatic brain injury caused by the crash, the Indiana Supreme Court reasoned that psychologists and neuropsychologists may provide such testimony if they are qualified under Indiana Evidence Rule 702 (qualified based on certain knowledge, skill, experience, training, or education).

A Cincinnati family that was injured at the Sugarland concert at the Indiana State Fair on August 13, 2011 has retained Tony Patterson of the law firm Parr Richey Obremskey Frandsen and Patterson to represent them. Three members of the family were injured by the collapsing concert stage.

Parr Richey dispatched independent engineers from the Chicago offices of CTL Group who have visited the site to begin researching the cause of the collapsing stage in order to get an adequate and complete understanding of this unfortuante incident.

Anthony W. Patterson has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America.

The induction ceremony at which Mr. Patterson became a Fellow took place recently before an audience of 700 attendees at the 2011 Spring Meeting of the College in San Antonio, Texas.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality.

Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently 5,863 of Fellows in the United States and Canada, including active, Emeritus, Judicial and Honorary Fellows.

The College strives to improve and elevate the standards of trial practice, the administration of justice and the ethics of the trial profession. Qualified lawyers are called to Fellowship in the College from all branches of trial practice. They are carefully selected from among those who represent plaintiffs or defendants in civil cases and those who prosecute or defend those accused of crimes. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

Mr. Patterson is a partner in the firm of Parr Richey Obremskey Frandsen & Patterson LLP and has been practicing in Indiana for 18 years. The newly inducted Fellow is an alumnus of Indiana University School of Law--Bloomington.

Super Lawyers magazine recently released its 2011 list of attorneys to be recognized in Indiana. Parr Richey Obremskey Frandsen & Patterson is proud to have six attorneys from its office recognized on this prestigious list. Attorneys Pete Obremskey, Paul Kruse and Tony Patterson were selected as 2011 Indiana Super Lawyers based on their excellence in representing personal injury victims. Parr Richey attorney Kent Frandsen was also selected as a 2011 Indiana Super Lawyer for the outstanding representation he has provided as a civil litigator, while Larry J. Wallace and Jeremy Fetty were recognized as a 2011 Indiana Super Lawyer and Rising Star in the utilities practice area, respectively.

Super Lawyer candidates are evaluated based on a number of things, including verdicts, settlements and experience. The Super Lawyers list is limited to only 5% of the attorneys within their jurisdiction. Parr Richey has been represented on the Indiana Super Lawyers list by at least one of its attorneys every year since its inception.

Super Lawyers magazine recently released its 2010 list of attorneys to be recognized in Indiana. Parr Richey Obremskey Frandsen & Patterson is proud to have six attorneys from its office recognized on this prestigious list. Attorneys Pete Obremskey, Paul Kruse and Tony Patterson were selected as 2010 Indiana Super Lawyers based on their excellence in representing personal injury victims. Parr Richey attorney Kent Frandsen was also selected as a 2010 Indiana Super Lawyer for the outstanding representation he has provided as a business litigator, while Larry J. Wallace and Jeremy Fetty were recognized as a 2010 Indiana Super Lawyer and Rising Star in the utilities practice area, respectively.

Super Lawyer candidates are evaluated based on a number of things, including verdicts, settlements and experience. The Super Lawyers list is limited to only 5% of the attorneys within their jurisdiction. Parr Richey has been represented on the Indiana Super Lawyers list by at least one of its attorneys every year since its inception.

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 be life threatening.

When thinking about these cases, it is important to remember that infections can develop from most any surgical procedure. Even when medical care providers do everything correctly, post surgical infections can still result. Therefore, just because a patient develops an infection does not mean that any of the doctors or nurses did anything wrong.

Continue reading "Infections after surgery, are they medical malpractice?" »

Tony Patterson and Pete Obremskey of the Indianapolis and Lebanon Indiana law firm of Parr Richey Obremskey Frandsen and Patterson were again named as Indiana Super Lawyers in the area of personal injury law for 2009. This recognition marks the fifth consecutive year both attorneys have received the designation. Tony Patterson and Pete Obremskey, along with their partner Paul Kruse, represent accident and injury victims across the state of Indiana. A complete listing can be viewed by viewing the Indiana Super Lawyer magazine or in the March edition of Indianapolis Monthly

Most people have heard of punitive damages in accident and injury cases, but these damages are often misunderstood. Under Indiana law, personal injury victims can generally seek two types of damages. The first and most common type of damages sought are known as compensatory damages. The second and rarely obtained type of damages are punitive damages. The two types of damages are different in that they are used to accomplish different ends.

Continue reading "Punitive Damages-what are they?" »

The Anderson Herald Bulletin reported that a Muncie man was killed while driving on Interstate 69 in Madison County, Indiana Friday morning January 30, 2009. According to the report, a semi truck hauling car batteries was travelling on I-69 from from Mattoon Illinois when it lost control and crossed into the median. The trailer then became detached from the truck and proceeded into the oncoming lane, striking and killing the oncoming motorist from Muncie. For more information on the accident, visit the Herald Bulliten online at http://www.theheraldbulletin.com/local/local_story_030174240.html

When Indiana car accident victims file claims for their injuries, most people assume that the lawsuit will be filed against the negligent driver's insurance company. This is not the case. Under Indiana law, when an injury victim files a lawsuit against a negligent driver, the suit will be filed against the negligent driver, not his insurance company.

Continue reading "Are Indiana car accident cases filed agianst the insurance company?" »

Indiana car and motorcycle accident victims often want to know where their case will be filed if a settlement is not reached with the other driver's insurance company. Most motor vehicle accident cases are filed in state courts. The few cases filed in federal courts either involve a federal law which has been allegedly violated or the parties are from different states and the case value exceeds $75,000.

When cases are filed in state court, as the majority are, each state has different rules regarding what county the case can be filed in. In Indiana, the Indiana Trial Rules, adopted by the Indiana Supreme Court, sets forth what counties are the appropriate venue, or location, for cases to be filed. While the rules have several subparts and exceptions always exist, Indiana accident victims must generally file their cases in either the county where the accident occurred or the county where the defendant lives. The decision of which county to choose, if they are different, is left to the injury victim and his attorney filing the case.

The Lebanon Indiana Auxiliary Fire Department and other surrounding area departments, are having a fundraising breakfast on Saturday January 17 to help raise proceeds for Jamestown Indiana firefighter Fred Long. Firefighter Long is currently in adult critical care at Methodist Hospital in Indianapolis Indiana recovering from injures he received after being struck by a semi-tractor trailer while assisting on an accident scene on Interstate 74 in Boone County. Because Mr. Long has numerous injuries and will require ongoing medical care, the fundraiser is being help to provide assistance to Mr. Long and his family. The breakfast event is being held at Trinity Lutheran Church in Lebanon Indiana from 7-10 a.m. and the cost of the breakfast is $6.00 per person. Trinity Lutheran will also match any profits up to $1000.00. Donations can also be made at the State Bank of Lizton

The Indianapolis and Lebanon Indiana law firm of Parr Richey Obremskey & Morton has been renamed as of January 1, 2009. The firm's new name will be Parr Richey Obremskey Frandsen & Patterson. While the name has changed, the firm will still offer the same services and continue representing personal injury victims. Pete Obremskey, Paul Kruse and Tony Patterson are the firm's accident and injury lawyers and have combined experience of over 80 years helping accident victims and their families.

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.

In jury trials involving personal injuries, disputes often arise regarding what can be said about insurance during the course of proceedings. Unfortunately, many assumptions about about what can and cannot be said about insurance are based upon evidentiary rule misconceptions rather than upon the actual rules of evidence.

Obviously, what can be said will depend upon the nature of the case. If the claim is a first-party insurance case brought by an insured against her insurer, such as an uninsured or underinsured motorist claim, the insurance company is a party to the action and its identity should be appropriate for discussion as these claims are technically based upon contract. Malott v. State Farm, 798 N.E.2d 924, 926 (Ind. Ct. App. 2003). Under these claims, not only can you discuss the identity of the insurance company, but a plaintiff may introduce into evidence portions of the written insurance policy to establish the contract upon which the claim is based. See Ind. Trial Rule 9.2(A) (requiring written contracts to be filed with the complaint and made part of the record). . . . Continue reading Tony Patterson's article Insurance at Trial: What Can You Say? on Parr Richey Obremskey & Morton's Indiana Co-Counsel newsletter for October 2008.

This past Friday, September 5th, Indiana Trial Lawyers Association (“ITLA”) presented an all-day seminar entitled “Personal Injury Trials from Start to Finish” at the ISTA Conference Center in downtown Indianapolis.

Tony Patterson (seminar chair) and Paul Kruse, both attorneys from the law firm Parr Richey Obremskey & Morton, as well as six other central Indiana attorneys addressed roughly twenty attendees on a range of topics associated with personal injury trials. Topics included: motions in limine and pre-trial evidentiary issues; presenting compelling opening statements; effective uses of lay witness testimony and dealing with defense and surprise witnesses; trying a personal injury case from the defense perspective; utilizing technology exhibits on a budget at trial; choosing your experts and effectively presenting testimony; dealing with the defenses’ medical examiners; and effective use of testimony, jury instructions and demonstrative evidence during closing argument.

The chicagotribune.com reported recently that more Indiana motorcycle deaths has caused a renewed debate over Indiana's lack of a mandatory motorcycle helmet law. According to the report, while Indiana does not have a mandatory motorcycle helmet law, 20 states currently do. The Indianapolis based Indiana Criminal Justice Institute states that since April of this year, at least 12 Indiana motorcycle crashes have resulted in deaths and motorcycle deaths have risen 80 percent in the last 10 years.

Click here to review the complete article from the chicagotribune.com.

A Greyhound bus carrying 41 passengers crashed on Interstate 65 in northwest Indiana. According to the Chicago Tribune, 29 of the passengers required medical treatment. The bus was on its way from Chicago to Nashville Tennessee when it flipped on its passenger's side and came to rest near the median. It is unsure why the crash occurred, although witnesses said the bus appeared to be traveling at a high rate of speed and it is suspected that the driver may have fallen asleep.

Tony Patterson was named Indiana Trial Lawyer of the Year at the November 1, 2007, Indiana Trial Lawyers Association ("ITLA") 43rd Annual Institute at the Indiana Roof Ballroom in Indianapolis. The annual award is given to an attorney who exemplifies the foundation of ITLA's mission and who has shown distinguished service to the citizens of Indiana and the United States as a leading member of the Indiana Trial Bar and dedication to the rights of the injured under the laws of the State of Indiana and the United States of America. Congratulations Tony!

The Indiana Trial Lawyers Association overwhelmingly supported a proposed addition to the Indiana Rules of Professional Conduct which would prevent lawyers from contacting potential injury victims through direct solicitation for at least thirty days following an accident. ITLA Board Members, Peter Obremskey, Paul Kruse and Tony Patterson of PARR RICHEY all voted in favor of the proposed rule.