The Indiana Medical Payment Subrogation Statute, Indiana Code 34-53-1-2, requires insurance carriers to use its insured’s attorney as its own attorney for its medical payments lien when an insured files a personal injury lawsuit.
Comparative negligence is a legal doctrine that assigns a percentage of fault to each party involved in a legal matter. The doctrine applies when multiple parties contribute to causing an injury or loss and may have partial responsibility for the outcome of the injury or loss.
An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio...
Comparative fault and contributory negligence are two seemingly simple terms that can cause severe headaches in our daily lives if we don’t understand these terms. Each concept is applicable to an event where two or more persons may be responsible for the damages. Comparative fault and contributory negligence only apply...
In reviewing files sent to us, we see some misinterpretations of the law or expectations regarding what will happen at trial. As a result, we included a few tips you should keep in mind regarding witnesses and defenses.
We occasionally see some misinterpretations of the law or expectations regarding what will happen at trial. We have a few tips you should keep in mind regarding witnesses and defenses.
The Rights of Subrogee law attempts to provide for a [proportioned] sharing between your insured and your company. In other words, the law is attempting to balance the obligated amount owed resulting from the medical bills.