Category Archives: Personal Injury
The Difference Between “Negligence” and “Gross Negligence” in Indiana Personal Injury Cases
To win a personal injury case in Indiana, or any other state, you need to prove that the defendant was somehow “negligence.” Ordinary negligence means the defendant violated some duty of care owed to the plaintiff by law. A simple example would be a driver who runs a stop sign and causes an accident… Read More »
How Comparative Fault Works in a Tennessee Personal Injury Case
Like many states, Tennessee follows a “modified comparative fault” rule in personal injury cases. Also called comparative negligence, this is what is known as an affirmative defense. Basically, if you sue a defendant for causing an accident that injured you, the defense can respond by arguing that someone else (either you or a third… Read More »
Does My Indiana Auto Insurance Cover a “Hit and Run” by an E-Scooter?
Uninsured motorist (UM) coverage is a common part of auto insurance policies. In Indiana, any auto policy must include UM coverage unless the policyholder expressly rejects it in writing. But it is generally a good idea to have some amount of UM coverage, as among other reasons, it pays if you are injured in… Read More »
When Can a Pre-Injury Liability Waiver Affect My Right to Sue?
There are a number of situations where a business will ask someone to sign a pre-injury liability waiver. Such waivers are commonly used with respect to sporting and similar physical recreational activities. For example, if you go skiing, the resort may require you sign a pre-injury liability waiver before you are allowed on their… Read More »
How the “Firefighter’s Rule” Can Make It Harder for First Responders to File a Personal Injury Lawsuit
Under normal circumstances, if you are hurt on someone else’s property due to the owner’s negligence, you can file a personal injury lawsuit and seek financial compensation for your medical bills and related losses. Such premises liability claims are common when it comes to something like a customer injured in a slip-and-fall accident at… Read More »
Could “Contributory Negligence” Defeat Your Personal Injury Lawsuit?
Historically, courts in the United States applied a common-law rule known as “contributory negligence” to personal injury lawsuits. Essentially, contributory negligence meant that if the plaintiff was responsible in any way for their own injuries, the defendant owed them nothing. To put it in stark terms, let’s say a defendant was found 99 percent… Read More »