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Uninsured & Underinsured Insurance Coverage in Indiana

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  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, meaning a minimum coverage of $25,000 for each person for bodily injury, minimum liability limit of $50,000 for each accident, and a minimum of $10,000 in coverage for property damage. However, despite these laws, there are still cars on the road who are either uninsured or under insured. Therefore, in order to promote opportunity for innocent individuals to recover for damages in the event of an accident with another driver who is not properly insured, Indiana requires that auto insurance providers to provide their customers uninsured and under insured motorist coverage, for either a single premium or for separate premiums, in limits at least equal
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The Pros and Cons of Structured Settlements

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  In Indiana personal injury law large personal injury jury awards and settlement amounts for cases such as brain injuries, spinal cord injuries or medical malpractice are often paid in part by means of a structured settlement. The way structured settlements work can vary, but usually, the paying party purchases an annuity from an insurance company and the injured party receives payments over a period of years. The total amount of the structured settlement is general far more than what the injured party would receive with a straight cash settlement. This arrangement can have both advantages and disadvantages, and the person receiving the payments has to carefully consider whether or not to accept a structured settlement. The primary advantage and disadvantage of receiving a lump sum payment are really the same: liquidity.  https://askcompetentlawyer.com/business-commercial-litigation/   Someone suddenly has a whole lot of cash. Like with winning the lottery, this may or may not be a go
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Indiana Supreme Court Opinion Clarifies the Limitations of Lay Witness and Expert Testimony

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  A recent Indiana Supreme Court opinion has clarified the role of an injured party's ability to express opinions about their injury and what a defense medical expert can say about the medical treatment received in an Indiana personal injury case. In Sibbing v. Cave, 2010 WL 744928 (Ind.) the plaintiff, Mrs. Cave, brought suit after she was injured in a motor vehicle collision with the defendant, Mr. Sibbing. Mr. Sibbing admitted liability but argued that Mrs. Cave's injuries were not caused by the crash. The trial court entered judgment for the plaintiff, Mrs. Cave.  https://askcompetentlawyer.com/civil-litigation/   The defendant, Mr. Sibbing, appealed, arguing that the trial court erred by allowing Mrs. Cave to give her own opinion on the cause of her pain. Mr. Sibbing also argued that the trial court erred by excluding his hired medical expert to testify that the plaintiff really didn't need all the medical treatment she received. The Indiana Supreme Court found that Mr
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Bayer updates label warnings for Yaz, Yasmin birth control pills

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  In the wake of over 1,000 lawsuits filed by women who claim to have suffered serious injuries from the effects of   birth control pills Yaz and Yasmin , German manufacturer Bayer has updated labelling information on those products regarding the risks of their use.  https://askcompetentlawyer.com/   The new information, which was recently approved by the FDA in April, highlights the risk of thromboembolism (blood clots migrating through the venous or arterial system and causing occlusion) in women using Yasmin compared to those in women using oral contraceptives containing other progestins. A progestin is a steroid hormone used to produce the effect of the female hormone progesterone. Different birth control pills may use different progestins to produce the contraceptive effect. A recent study conducted in the Netherlands, which compared the effects of a variety of oral contraceptives in a population of over 1500 women and was published in the British Medical Journal highlights an inc
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Insurance Bad Faith Claims in Indiana

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  When an Indiana insurer fails to pay a claim on a policy, the policy holder has two possible legal remedies: a contract claim and a tort claim. The principle distinction between the two is that, as a matter of public policy, punitive damages are only available in tort claims. Therefore, if an insurer wrongly denies coverage and violates an insurance contract, a breach of contract claim will only allow recovery up to the face value of the policy.  https://askcompetentlawyer.com/fraud/   However, an Indiana plaintiff can also sue under an   insurance bad faith claim   and recover, through both compensatory and punitive damages, an amount larger than the original face value of the policy (depending on the egregiousness of the insurer's conduct). The concept of the insurance tort claim arises out of the implied duty of good faith and fair dealing that is recognized in all insurance policies in almost every US jurisdiction. Indiana first recognized an insurer's duty to act in good
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Bounce House Injuries on the Rise

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  If you have children, chances are you've been to a party with bounce houses to occupy the kids (and some adults). Bounce houses are considered safer trampolines since they have walls and are more forgiving. Most bounce houses also have a net door to eliminate the possibility of falling out. Bounce houses are generally constructed of strong PVC and nylon then inflated with an electric blowing machine. In the U.S., cheaper varieties made of polyester are banned. In the states of Pennsylvania and New Jersey, it's mandatory that bounce houses pass both engineering and safety standards before they are rented out. According to a new study published in the journal Pediatrics, bounce house injuries are on the rise. More than 11,300 children were treated for bounce house related injuries in 2010.  https://askcompetentlawyer.com/  The authors from the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, OH say that "equals a child every 46 minut
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Number of Children's Product Recalls Drop, Number of Injuries on the Rise

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  Kids in Danger (KID) recently released their   annual report   on  children's product recalls   from the previous year. Overall, there were 97 children's product recalls. The last time there were fewer than 100 children's product recalls was 2004.  https://askcompetentlawyer.com/  In 2012, the number of children's product recalls dropped by 20% but the number of incidents (up 49%), injuries (up 42%) and deaths (up 200%) associated with those products drastically rose over the year. Findings of the report include: 31% of the recalls were for nursery products bought to be used with the most vulnerable consumers--infants and toddlers. One Product, the Flexible Flyer Swing Set, had 1,232 reported incidents before consumers were alerted to the dangers through the recall. Eight children and one adult died prior to the recall of these products. One of the most deadly products, the Nap Nanny and Chill Infant Recliner by Baby Matters, were not recalled by the manufacturer, but
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