Question: What is a “loss of consortium” claim? Answer: A claim brought by a spouse of an injured person against the wrongdoer that caused the injuries. Traditionally, the husband’s right of...
Confidentially clause after the terms of the settlement have already been reached
Question: In the release for a personal injury case, do we need adequate consideration for a confidentially clause after the terms of the settlement have already been reached by the parties? Answer: Y...
What are “Learned Treatises” and are they admissible in court?
Question: What are “Learned Treatises” and are they admissible in court?Answer: Yes, they are admissible in order to test the learning of a witness who testifies as an expert, to refer to ...
Can you get monetary damages over your lifetime, if the injuries you sustained due to the negligence of another are permanent?
Question: Can you get monetary damages over your lifetime, if the injuries you sustained due to the negligence of another are permanent?Answer: Yes, see below. In a personal injury case, the trial jud...
When you enter someone’s property, do the courts treat you differently based upon why you entered the property in determining what duty was owed to you?
Question: When you enter someone’s property, do the courts treat you differently based upon why you entered the property in determining what duty was owed to you? Answer: Yes. In Indiana, the st...
When does a manufacturer have a duty to warn of the potential dangers associated with its product?
Question: In the State of Indiana, when does a manufacturer have a duty to warn of the potential dangers associated with its product?Answer: Indiana’s Product Liability Act governs all actions t...
What is an “egg shell thin” plaintiff?
Question: What does it mean when we refer to someone as an “egg shell thin” plaintiff?Answer: It means that plaintiff has a pre-existing medical condition which even if it was unknown to t...
Can a lawyer personally vouch for a witness in an argument to the jury?
Question: Can a lawyer personally vouch for a witness in an argument to the jury?Answer: Lawyers may not argue the credibility of witnesses at trial based upon their own personal knowledge or anything...
Can your attorney present evidence of a subsequent repair of a defective condition of something?
Question: Can your attorney present evidence of a subsequent repair of a defective condition of something like fixing crumbling stairs to the jury? Answer: Usually, the attorney may not present subseq...
When you have the burden of proof, are you entitled to do opening and closing statements?
Question: When you have the burden of proof, are you entitled to do opening and closing statements in civil and criminal cases?Answer: Yes. See below. In a criminal case after the jury is impaneled an...