Category: Personal Injuries
Indianapolis personal injury law blog. Here we will provide useful articles of various types of personal injury information in Indiana.
Weather is a major contributor to car accidents. Whether it’s rain, sleet, ice, snow, fog, or some other condition, an estimated 1.2 million car accidents a year are caused by weather. Wet pavement and rain are the two most common weather-related causes of rain. Accidents caused by weather raise an interesting legal problem. Who is […]
What is the Reasonable Value of the Medical Treatment Necessary to Treat the Injury/Injuries? Looking at the map we have set up regarding damages that are recoverable in an Indiana tort law case, the next section is subsection 5 of Indiana Model Jury Instruction 703, which states: “In deciding the amount of money you award, […]
The last subsection of Indiana Model Jury Instruction 703 is subsection 8, regarding the life expectancy of a plaintiff involved in a car accident. This section deals with the introduction, usually at a trial, of standard life expectancy tables. These tables show the chance of death for every conceivable age as well as the number […]
In a case where evidence has not been preserved by the opposing party, one might have a claim of spoliation of evidence. As defined by Indiana case law, “spoliation of evidence is the intentional destruction, mutilation, alteration, or concealment of evidence – if spoliation by a party to a lawsuit is proved, the jury may […]
In the recent case of Schmidt v. Allstate Property and Casualty Company the Indiana Court of Appeals said that not only can a passenger make a claim against the driver’s insurance company, but they can sue the auto insurance for BAD FAITH if they are unreasonable (which they almost always are). This means that a […]
For the most part, personal injury lawsuits tend to arise out of isolated incidents where someone’s reckless or careless actions while driving have caused damage and/or injuries. For example, distracted driving while on a cell phone or failing to adhere to proper traffic signs and lights. However, at times, that person’s careless actions can lead […]
We previously talked about how a JURY will determine what your Damages are after hearing the Evidence in a Car Accident Case. Those Damages are suggested to the Jury under the Indiana model Civil Jury instructions and the Jury is told to consider a number of elements. One of those Elements they are asked to consider is the “Nature and Extent of the Injuries”.
The Lawyers at Hurst Limontes LLC have litigated and tried numerous Personal Injury as well as Car Accident Cases and have seen a shift in the number of Judges using the Model Jury Instructions almost exclusively.
If you’ve never been injured in an accident, the idea of filing a personal injury claim may seem complicated and difficult. More than likely, you will have plenty of questions — such as “should I file a claim?” and “how long do I have to file a claim?” Luckily, with nearly 65 years in personal injury experience, Hurst Limontes LLC can help answer some of these questions.