Question: Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case? Answer: No. See below. The Indiana Survival Statute creates a limited spectr...

Question: If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice? Answer: A bad result without proof of negligence is not malpractice. See...

Question: Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of comp...

Question: Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar? Answer: Businesses must exercise reasonable care to protect their patrons from foreseeable harms, b...

The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report. I would like to thank our many clients, friends and peers in th...

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...

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...

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...

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...

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...