Indiana has two statutes which may diminish or reduce subrogation liens. The first is I.C. 34-53-1-2. This statutes deals with the reduction of a subrogation lien by the pro-rata share of attorney fees and costs of litigation. The second is I.C. 34-51-2-19. This statute mandates the reduction of a subrogation…
The conclusion by a Social Security Administrative Law Judge that fibromyalgia must not be a debilitating impairment when “practically all tests have been normal” is not an uncommon error. As Judge Chief Judge Posner wrote in Sarchet v. Charter, 78 F.3d 305, 306 (7th Cir. 1996), fibromyalgia is a: “common,…
The Supreme Court of Nevada in the case of Lioce v. Cohen et al., 149 P3d 916 (Nevada 2006) held that the defense attorney’s arguments based upon jury nullification, personal opinion regarding the justness of a plaintiff’s case and invoking the golden rule argument amounted to attorney misconduct. In four…
Despite the Indiana Supreme Court’s recent decision in Glotzbach v. Froman, 854 N.E.2d 337 (Ind.2006), in which the Court held that there is no third party cause of action for spoliation against an employer of the injured party, Indiana still recognizes the cause of action of third party spoliation cases.…
Fibromyalgia syndrome is a terrible disease that afflicts at least 5 million U.S. residents. It is characterized by chronic widespread pain, fatigue, sleep disturbance, stiffness, impaired memory and concentration, anxiety and depression. Even though the American College of Rheumatology recognizes the disease of fibromyalgia the Social Security Administration has been…
Call your insurance agent as soon as possible after an accident. Do not admit responsibility. Exchanging information and giving facts in not the same thing as admitting responsibility! you may think that you were responsible for the accident and later learn that the other driver caused it or that the…
Check with your auto insurance agent to make sure your insurance coverage is adequate (including uninsured and underinsured coverage). Buckle up! It’s the law. Speed kills! Slow down. Check brakes and lights to make sure they work correctly. When an accident happens, make sure you follow the requirements outlined in…
When an accident results in injury or death, each driver involved must: 1. Immediately stop as close to the accident scene as possible without obstructing traffic more than is necessary. 2. Remain at the scene until: a) the driver has given his or her name and address and registration of…
When an accident occurs with an unattended vehicle, the driver must: 1. Immediately stop as close to the accident scene as possible without obstructing traffic more than is necessary. 2. Locate and notify the owner or driver of the vehicle of the name and address of the driver and owner…
When an accident results in damage to something other than another vehicle, the driver must: 1. Immediately stop as close to the accident scene as possible without obstructing traffic more than is necessary. 2. Remain at the scene until: a) the driver has taken reasonable steps to locate and notify…