Question: Do Indiana drivers have a duty to look to the left and right at intersections to see if oncoming traffic is going to violate the law by not yielding the right of way or blowing through a sto...
What does “insurance subrogation” mean as it relates to personal injury claims?
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...
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 ...
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?
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...