Questions: What does “insurance subrogation” mean as it relates to personal injury claims? Answer: It means that your insurance company gets repaid a certain portion of the monies they hav...
What is a “motion in limine”?
Question: What is a “motion in limine”? Answer: It is a preliminary ruling by the judge on what evidence may or may not be presented to the jury. A ‘motion in limine’ is a moti...
Can nurses give expert opinions on the cause of injuries?
Question: Can nurses give expert opinions on the cause of injuries?Answer: Some can, some can’t and opinions are limited. See below. For a witness to qualify as an expert, the subject matter of ...
Do business owners have a duty to shovel PUBLIC sidewalks?
Question: Do business owners have a duty to shovel PUBLIC sidewalks?Answer: No, however see below. In order to establish negligence, plaintiffs must show that defendant owed a duty. Absent a duty, the...
What is “Indiana Recreational Use Statute (IRUS)”?
Question: What is “Indiana Recreational Use Statute (IRUS)”? Answer: It is an Indiana statute that protects landowners from personal injury claims when the landowner opens their property t...
When does a plaintiff “incur the risk” of injury?
Question: When does a plaintiff “incur the risk” of injury? Answer: Incurred risk contemplates acceptance of a specific risk which plaintiff has actual knowledge. A possessor of land is no...
In civil and criminal cases, who is the “13th Juror”?
Question: In civil and criminal cases, who is the “13th Juror”?Answer: It is the trial judge who must determine whether in the minds of reasonable jurors a contrary verdict should have bee...
If you have taken Zantac AND developed cancer, you may be eligible for compensation.
If you have taken Zantac AND developed cancer, you may be eligible for compensation. Zantac (ranitidine) has been one of the biggest-selling drugs of all time. It is used to treat heartburn & acid...
What are punitive damages?
Question: What are punitive damages? Answer: They are damages awarded by the jury against a defendant in a civil case to punish their conduct and deter others from acting in the similar fashion. Only ...
Is the lack of a driver’s license or a motorcycle endorsement admissible evidence that that person was somehow negligent in causing a collision?
Question: Is the lack of a driver’s license or a motorcycle endorsement admissible evidence that that person was somehow negligent in causing a collision?Answer: No. There must also be some evid...