Question: What do you have to prove in order to establish a claim of false imprisonment? Answer: The tort of false imprisonment occurs when there is an (1) unlawful (2) restraint (3) upon one’s free...
What injuries are covered by worker’s compensation?
Question: What injuries are covered by worker’s compensation? Answer: Those injuries that arise out of employment relationship. See below. The claimant bears the burden of proving a right to compens...
What are “attractive nuisances”
Question: What are “attractive nuisances” in the State of Indiana? Answer: Conditions on land that children may not be mature enough to understand the dangers associated with trespassing and the l...
What does a separation of witnesses mean in a trial?
Question: What does a separation of witnesses mean in a trial? Answer: The purpose of a separation of witnesses order is to prevent the testimony of one witness from influencing that of another. Once ...
How certain does an expert need to be to give an opinion at trial?
Question: How certain does an expert need to be to give an opinion at trial? Answer: It depends. See below. The standard for admissibility of expert witness evidence and the degree of certainty with w...
What do you need to show to prove “malice”
Question: What do you need to show to prove “malice” in the State of Indiana? Answer: The ordinary definition of malice as “an evil intent or motive arising from spite or ill will.” There a fe...
What is “Notice Pleading”?
Question: What is “Notice Pleading”? Answer: When you file your complaint against defendant, plaintiff merely has to give enough facts in the complaint that would put a reasonable person on notice...
Can an attorney do a demonstration and/or experiment in court in front of the jury?
Question: Can an attorney do a demonstration and/or experiment in court in front of the jury? Answer: Yes, if the demonstration and/or experiment aids, but does not confuse, the jury. Experiments and ...
What is a “loss of consortium” claim
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...