Category: Litigation

Mechanic’s Liens: A Tool for Unpaid Contractors

By Daniel G. Kerns  Trouble getting paid for completed work is a problem too frequently encountered by contractors. Fortunately, Indiana law affords contractors, laborers and materialmen a tool to leverage payment. Mechanic’s liens are a statutory remedy codified at Ind. Code § 32-28-3-1 et seq. available to contractors, laborers and materialmen, who have performed work or furnished… Read more »

The Changing Art of Valuing Personal Injury Cases

By Steven D. Murphy Those of us who practice in the area of valuing personal injuries (plaintiff’s lawyers, defense attorneys, insurance adjusters, and mediators) analyze these cases by looking at the four areas of losses that a victim may suffer:  medical bills, lost wages, pain and suffering, and permanency of the injury. That is what… Read more »

Who’s Your Expert? Nurses’ Testimony in Medical Malpractice Cases

By Jarryd Anglin Medical malpractices cases usually center on expert testimony. In fact, expert testimony is almost always required in such cases. “The question of the appropriate standard of care (in medical malpractice cases) may not be resolved without resort to expert testimony.”  Marquis v. Battersby, 443 N.E.2d 1202 (Ind. Ct. App. 1982).  If all… Read more »

Indiana’s Pay to Play Law

By Jarryd F. Anglin. Several years ago Indiana passed a “Pay to Play” statute.  While it did not receive a lot of fanfare, it is a potentially powerful tool insurers and their insureds can use to decrease exposure in certain personal injury claims. In order for the statute to apply a claimant must seek coverage… Read more »

I’ve Been Sued. Now What?

By Matthew L. Kelsey If you are extra special a local Sheriff’s Deputy handed you the paperwork.  If you are merely average on the special scale it just came in the mail.  It is usually only in the movies that a process server approaches you and delivers the famous line that “you’ve been served.”  However… Read more »

Ten Ways to Make Your Lawyer Rich

1. Tell your lawyer not to bother making a Transfer on Death Deed for your home for $200 – instead force your kids to open an estate administration after you have died to transfer the house, costing them $2,000.00. 2. Don’t make a Will even though you have a second wife and kids by your… Read more »

Why Mediation in Domestic Cases

James R. Williams, Esq.-January, 2014 Over the last 23 years, I have judged, arbitrated, mediated, or lawyered over 1,500 divorce and paternity cases ranging from no assets and no children to marital estates consisting of several million dollars and cases involving horrendous custody disputes. There are no other matters we handle as attorneys where emotions… Read more »