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Articles Posted in Personal Injury Litigation

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Court Upholds Defendant’s Fifth Amendment Privilege Not to Testify in Recent Personal Injury Case

Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that all Indiana personal injury victims would be wise to consider before filing a case against a defendant. The case addressed when a personal injury defendant may be able to evoke their…

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Respondeat Superior: Holding an Employer Liable for the Negligent Acts of an Employee

One of the most important decisions that an Indiana car accident plaintiff must make is which parties to name as defendants. This decision is so important because it can have a significant effect on whether the plaintiff will be able to recover for their injuries and, if so, how much…

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Federal Court Strictly Interprets Filing Requirements of FTCA in Recent Car Accident Case

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…

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Indiana Court Determines Wires Running Across Hospital Room Floor Were Not an Obvious Hazard

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,…

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Jury Must Determine if Plaintiff’s Delay in Notifying Insurance Company of Accident was Excused

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…

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Plaintiff’s Misleading Testimony Results in the Dismissal of His Case

Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of being truthful in all testimony before the court. The case presented the court with the opportunity to determine whether a lower court was proper to dismiss a plaintiff’s case, based on the…

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Court Finds Plaintiff Assumed the Risk of Injury in Recent Ski Accident Case

Recently, a federal appellate court issued a written opinion in a case involving a man who was seriously injured while skiing off-trail at a world-renowned ski resort. The case required the court to determine if the ski resort owed the plaintiff a duty of care to prevent this type of…

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Court Rejects Indiana Plaintiff’s Slip-and-Fall Case, Finding Plaintiff Failed to Show Defendant’s Knowledge of Dangerous Condition

Recently, the United States Court of Appeals for the Seventh Circuit issued a written opinion in an Indiana slip-and-fall case involving a woman’s fall at a pharmacy chain. The case required the court to determine if a lower court was proper in granting summary judgment in favor of the defendant.…

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Federal Court Issues Opinion in Negligent Entrustment Case

The legal theory of negligent entrustment allows for an Indiana car accident victim to seek compensation from the owner of a vehicle who negligently allowed another person to use the vehicle that was involved in the accident. Since a negligent entrustment claim allows for an accident victim to hold a…

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Court Rules on Dog Bite Case, Finding for Plaintiff

Earlier this month, a state appellate court issued a written opinion in a personal injury case involving a plaintiff who was mauled by a pack of four or five dogs. The case presented the court with the opportunity to discuss whether the state imposes strict liability on the owners of…

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