Question: In a civil case, who should bear the risk of any uncertainty as to the amount of damages if the facts demonstrate that damages were established?Answer: Defendants bear the risk of any uncert...
Why do you need uninsured & underinsured motor vehicle coverage?
Question: Why do you need uninsured & underinsured motor vehicle coverage?Answer: To protect yourself from negligent motorist who are not adequately insured to pay for the injuries and damages the...
How are “mortality tables” used in personal injury cases?
Question: How are “mortality tables” used in personal injury cases? Answer: Mortality tables are used in the trial court’s final instructions to the jury which allows the jury to conside...
What is “venue” in a civil case?
Question: What is “venue” in a civil case? Answer: The location of the court where the case will be hear. Any case may be venued, commenced and decided in any court in any county, except, ...
Are there people in our society that are not required to testify?
Question: Are there people in our society that are not required to testify as to communications with another person? Answer: Yes, but they are limited and may be waived by certain conduct. Under India...
What is the statute of limitation for a childhood sexual abuse case?
Question: What is the statute of limitation for a childhood sexual abuse case? Answer: There are three (3) different statutes of limitations. Under Indiana’s discovery rule, a cause of action ac...
How does breaking news affect the “Bystander Rule”?
Question: How does breaking news affect the “Bystander Rule”? Answer: The “Bystander Rule” allows recovery for negligent infliction of emotional distress if a claimant can esta...
Can you overturn a default judgment?
Question: Can you overturn a default judgment? Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered th...
What does an “Act of God” mean in civil cases?
Question: What does an “Act of God” mean in civil cases? Answer: Acts of God may negate liability. An act of God is the manifestation of a superhuman power which breaks the chain of causat...
Can a suspended attorney’s staff continued to carry on the business of law?
Question: Can a suspended attorney’s staff continued to carry on the business of law? Answer: No. To practice law is to carry on the business of an attorney at law. The practice of law is not de...