Having an automobile accident in Indiana can become a significant financial burden for an injured person. This burden can be compounded when the at-fault party does not have insurance or does not have an insurance policy sufficient to cover damages. Under Indiana law all drivers are required to have what is known as 25/50/10 coverage,…

Liable v. Guilty Most people are aware that in a criminal case, the judgment is either guilty or not guilty. In a civil case, however, the defendant is considered either liable or not liable. In a criminal case the punishment is referred to as “sentencing”, in which fines, probation, and jail time may be imposed…

Before the Trial In a civil case, the allegations are presented in the form of a complaint which is filed with the court by the plaintiff. The complaint contains the relevant facts and allegations of wrong doings of the defendant. The defendant is then “served” by service of process. There are differing rules between the…

Wilson Kehoe Winingham partner Bill Winingham was recently elected to the Indiana Judicial Nominating and Judicial Qualifications commission. The seven-member commission appoints judges to the state’s appellate courts and handles cases of judicial misconduct among other duties. Only three members of the commission are attorneys, who are elected by their colleagues in Indiana’s 2nd judicial…

Wilson Kehoe Winingham partner Bill Winingham was recently elected to the Indiana Judicial Nominating and Judicial Qualifications commission. The seven-member commission appoints judges to the state’s appellate courts and handles cases of judicial misconduct among other duties. Only three members of the commission are attorneys, who are elected by their colleagues in Indiana’s 2nd judicial…

Indiana Code 34-18-2-18 defines “Malpractice” as a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient. In simple terms, Malpractice is when a health care provider not doing what he/she is supposed to do or…

Arbitration and mediation are two related methods of Alternative Dispute Resolution (ADR) that are all too often confused in Indiana injury law. Alternative Dispute Resolution involves methods of resolving disputes outside of the court system. By resolving disputes short of litigation, parties can save the excess time and money associated with a lengthy trial. While…

The successful plaintiff of an Indiana personal injury lawsuit is entitled to damages in a sum that reasonably compensates the plaintiff for bodily injuries, pain and suffering, any past, present, or future expenses reasonably necessary in the course of the plaintiff’s medical treatment, and all financial losses suffered, or to be suffered, as a result…

Since the recent Gulf oil spill there has been some discussion among the public and members of the US government about the $75,000,000 liability cap placed on oil companies for damages they cause due to deep water spills. Congress is now re-examining the cap on such damages and trying to retroactively remove them or raise…

In a personal injury case, most plaintiffs are seeking damages to compensate them for an injury caused by another party. For example, in a simple car crash an injured driver might seek money from the negligent driver to pay for his medical bills, lost wages and pain and suffering. These monetary awards are called compensatory…

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