In determining damages in an Indiana personal injury case, juries can factor in possible lost future earnings and potential future expenses in determining a figure that reflects the actual known damages in a case, as well as probable future damages. Also, those future damages can also be used by negotiating attorneys to help determine an…

Most attorneys are familiar with the general effects of events like whiplash on a client’s back and neck. But there may be other effects of a whiplash occurrence such as rotational injury and even lack of the head impacting with an object which can result in temporary or permanent brain damage. Although often associated with…

1. Stop immediately! – Indiana law states that if you are driving a vehicle involved in an accident, you must stop at the scene of the accident. 2. Assist the injured & protect the scene – If anyone is injured, immediately make arrangements for a doctor or an ambulance to come to the scene of…

Finally, here are a few caveats based on interviewing many people over the years who believe they have been injured by medical malpractice. One cannot recover money damages as compensation for something that did not happen. In other words, if a health care provider either does or fails to do something that you believe could…

The Indiana Medical Malpractice Act limits the amount of compensation available to injured patients irrespective of the nature or degree of the harms which are caused by a health care provider’s negligence. For claims accruing prior to January 1, 1990, the amount recoverable against a single qualified provider may not exceed $100,000, and the total…

If a health care provider is qualified, then all of the requirements of the Medical Malpractice Act come into play. All claims for more than $15,000 in damages against qualified providers under the Indiana Medical Malpractice Act must be heard by a medical review panel (unless each party executes a written waiver). A medical review…

There are a couple of rare exceptions to the rule requiring the plaintiff to show that a defendant has breached the standard of care. One is where the failure to meet the standard of care is so obvious that expert testimony is not required. An example would be if a patient had the wrong leg…

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