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Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

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Indiana Court Upholds Award of Prejudgment Interest in Trucking Accident Case

A recent memorandum decision from the Indiana Court of Appeals in J.B. Hunt Transport, Inc. v. Guardianship of Zak affirmed an Indiana trial court’s order awarding the guardianship of a passenger injured in a semi-truck collision $4,810,000.00 in prejudgment interest. Ten months after an Indiana jury found in favor of…

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Will FDA Valsartan Recall End in Lawsuits?

Our lawyers are currently investigating the FDA’s recall of Valsartan in an effort to determine whether a sufficient medico-legal basis will exist to file Valsartan lawsuits for those impacted.  At this point, it is difficult to ascertain whether those who have taken Valsartan products contaminated with NDMA may have been…

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When Must An Automobile Insurer Pursue Reimbursement for Medical Payments?

In Holland v. Indiana Farm Bureau Insurance Company, the Indiana Court of Appeals decided a dispute between an Indiana lawyer and an automobile insurer concerning the reimbursement of medical payments coverage provided by the automobile insurer to the injured client of the lawyer in a personal injury lawsuit. After the…

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Overmedication In Nursing Home

It’s a fear that many people have – that they or their parents will end up in a nursing home unable to care for themselves and becoming overmedicated. The fact is that many nursing home residents are suffering from Alzheimer’s or some form of dementia which can make them aggressive…

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Can the Threat of Punitive Damages Deter Serial Texting Indiana Drivers? (Part 2 of 2)

Last week we looked at Indiana’s anti-texting statute, the unlikelihood of criminal enforcement, and asked whether punitive damages could provide an additional deterrent.  We noted the first obstacle to punitive damages is Indiana’s incentive-reducing statute that takes 75% of any uninsured, punitive judgment and requires this to be paid to…

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Can the Threat of Punitive Damages Deter Serial Texting Indiana Drivers? (Part 1 of 2)

In 2011, Indiana joined the legions of States that made texting while driving illegal.  Indiana Code 9-21-8-59 bans drivers from using a telecommunications device to type a text message or an email, transmit a text message or an email, or read a text message or an email.  Excepted from the…

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Avoiding a Catch-22: Proving a Defective Product in Indiana when the Product Self Destructs

There is a misconception among some that if a product is destroyed during a fire, that it will be too difficult to prove the product had a defect because no specific mechanism can be pinpointed as the cause and origin of the fire.  However, in spite of manufacturing defendants’ attempts…

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Can You Be Found Negligent for Extending a Courtesy Wave?

You are sitting in a growing line of cars at a traffic light waiting to make a right turn onto the Lloyd Expressway. Up ahead at the exit of a parking lot sits a vehicle with a frowning senior citizen who apparently wants to make it across your lane into…

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Has My Loved One Been the Victim of Nursing Home Abuse or Neglect?

The Nursing Home Investigation and Selection Process. Entrusting a loved one, such as a mother, father, sister or brother, to the care of a nursing home is one of the most difficult decisions many of us will ever make. In spite of a long, thorough investigation into suitable nursing and…

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