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Search results for “comparative fault”

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Your Instagram post isn't proof you're fine after a Carmel nail-gun injury

A Carmel student athlete hurt by a defective nail gun at a school event can still have a case, but Indiana's fault rules and dumb social media optics can wreck it fast.

ARTICLE by Connie Schrock

In Lafayette, who do you trust when every policy says "not us"?

A retired runner in Lafayette can get whipsawed when an unleashed dog owner points to a commercial policy that has a nasty animal-liability hole.

ARTICLE by Priya Dasgupta

res ipsa loquitur

People often mix this up with negligence per se, but they are not the same. Negligence per se means someone violated a safety law or rule, and that violation can help prove...

No respirator, damaged lungs, and now everyone wants a cut

A Lafayette dental hygienist with lung damage from workplace fumes may still face reimbursement claims, but not every insurer or hospital gets to raid the same pot of money.

ARTICLE by Dave Hostetler

eggshell plaintiff rule

Think of a cracked windshield: a small impact that might barely mark one car can cause major damage in another that was already fragile. The eggshell plaintiff rule works in a...

Low Indiana Black Ice Settlement Offer Explained

When a serious Indiana crash happens on black ice or flooded pavement, the fight usually turns into fault-shifting fast: you, the other driver, the road crew, or "just weather."

ARTICLE by Sharon Pfeiffer

contributory negligence

A small share of blame can cost real money in an injury case. If your own actions helped cause the accident, your compensation may be reduced - or, in some states and...

strict liability

Do you have to prove someone was careless to hold them legally responsible? Not always. Strict liability is a rule that allows a person or business to be held responsible for...

Can Instacart push this onto your health insurance after a Fishers electrocution?

An Instacart shopper got hit by live power at a Fishers construction site, and the biggest mistakes now are trusting the app company, losing evidence, and missing the policy gap fight.

ARTICLE by Connie Schrock

I can't afford a lawyer in Indianapolis and their doctor says my knee is fine

A plant worker with a real knee tear can still get buried by an IME report in Indiana, especially when the carrier acts like the MRI doesn't count.

ARTICLE by Dave Hostetler

delayed diagnosis

What trips people up most is that a delayed diagnosis is not the same as a wrong diagnosis. The problem is timing: a condition is identified later than a reasonably careful...

What trips people up most is that a bad outcome after surgery is not automatically a surgical error. Some procedures carry real risks even when everyone does the job correctly....

medication error

A mistake with medicine can turn a manageable health problem into a much more expensive and serious one, adding hospital bills, lost income, and a fight over whether the harm...

South Bend job site injury? A bad nail gun safety can still be the real problem

You can still have a real Indiana injury claim over a defective nail gun even if you feel partly to blame and the medical chart is a mess.

ARTICLE by Connie Schrock

Insurance says my leg numbness was from the wreck, not the epidural - are they kidding

When a bad Bloomington crash report and a botched childbirth epidural collide, insurers start pointing fingers so they can pay less.

ARTICLE by Tamika Reynolds

standard of care

Insurance companies and defense lawyers often use this phrase like a shield. They may argue that a doctor, nurse, hospital, or other professional did everything that a...

borrowed servant rule

Defense lawyers and insurance companies often bring up this rule to dodge responsibility: they argue the worker who caused the harm was not really their employee at that...

Is my lawyer pushing this Carmel truck settlement because COBRA is running out?

A low early offer after a lumbar fracture can look like rescue money when your health insurance is dying, but the math usually gets uglier after deductions and future care.

ARTICLE by Karen Applegate

expert affidavit requirement

Think of it like needing a mechanic to sign off that a car problem is real before a warranty fight can seriously move forward. In legal cases, an expert affidavit requirement...

My husband died on an Evansville jobsite and now they're saying only the estate can sue

In Indiana, the personal representative files the case, but who actually gets the money depends on whether the firefighter left a spouse, minor kids, or other dependents.

ARTICLE by Priya Dasgupta