The Indiana Supreme Court recently decided in Escamilla v. Shiel Sexton Company, Inc., that an unauthorized immigrant can claim lost earnings or diminished earning capacity in an injury lawsuit and his/her immigration status is irrelevant and inadmissible unless the defense can show it is more likely than not that the plaintiff will be deported. This is […]
In Indiana, all legal claims have a statute of limitations. A statute of limitations is the time limit for filing a lawsuit for any particular claim. For claims of personal injury or property damage, the statute of limitations is two years from the date of the occurrence that caused the injury or property damage. There […]
Negligence is defined as being careless or failing to act as a reasonably prudent person would under the same or similar circumstances. In car crashes, the typical legal claim is that the driver who caused the crash was careless in their driving and their carelessness caused the crash and any resulting injuries or damages. In […]
A settlement in a wrongful death case is not about putting a price on a person’s life. It is about making sure the liable parties are held responsible for what they caused. It will also help the family of the deceased move on financially. This is especially true when the loss of a parent or […]
A number of incidents may fall under this statue including a death which results from a car or motorcycle accident caused by another’s reckless driving. Negligence in the failure to diagnose a fatal disease, negligent medical treatment, or even neglect and nursing home abuse may be included in this category. Deaths which result from accidents caused by […]
Damages which may be recovered in a premises liability case may include: Medical expenses Future medical expenses Lost wages and future lost wages Permanent disability Loss of quality of life Pain and suffering To understand what your rights and options are under Indiana law, please give me a call to discuss your case.
A customer in a business or a guest in your home is an invited guest. They will have a higher legal standing, than a trespasser. Children, even when trespassing, may fall into a category somewhere in between if they are too young to understand a property hazard or unsafe condition.
Indiana law treats premises injuries different based on the status of the person at the time they were injured. There are three classifications of persons: invitee, licensee, or trespasser. An invitee is a person invited upon the property by express or implied invitation. This could be a social guest or business customer. A business like […]
Property owners in Indiana, (homeowners, landlords, and commercial property owners) have a legal responsibility to maintain their property in a reasonably safe condition and to provide adequate warning of any hazard or unsafe condition that cannot be quickly corrected. In Indiana, when a visitor to a property is injured due to an unsafe condition, inadequate […]
It is common to feel intimidated, powerless, or even scared when you’ve experienced discrimination or had your civil rights violated. There are laws to provide protection. Civil Rights cases are usually very fact sensitive. This requires a close analysis and investigation into the particular facts of your situation. If you believe you have been the victim […]