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...
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 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...