By Matt Schad

I have represented a number of clients with traumatic brain injuries and handled million of dollars of settlements on their behalf. Brain injury cases are complex and difficult. Traumatic brain injury (sometimes called “TBI”) are often invisible to the casual, untrained observer because many crash victims are more worried about their painful bodily injuries than memory loss or confusion. 

The Indiana Supreme Court recently ruled that neuropsychologists can give court opinions on the cause of brain injuries. Bennett, et al v. Richmond (January 31, 2012). Neuropsychology is a specialty field of psychology that focuses on the relationship between brain impairment and behavior in individuals due to head injury.   In the past, Indiana appellate courts have restricted legal opinions on head injury to medical doctors.   In the Bennett case the Indiana Supreme Court found that a well qualified...

 Opinion: Dogs that Attack Should Be Destroyed

 

Over the years I have represented dozens of clients, many of them children, who were victims of dog attacks.  All “dog bite” cases are unique and challenging.  Recently, one of our clients was terribly disfigured in an attack that was covered by local television and newspaper media.  I’m blogging about it because it’s important to her that no one else ever be needlessly savaged, and that this dog in particular is eventually destroyed.  

 

First of all, let me say that I like dogs.  I love my own dog.   But, I like people more – and I have absolutely no sympathy for vicious dogs or their owners.  

 

Maybe it’s my background growing up on a farm.  We had working dogs that protected our herd from stray dogs.  If a wild dog was loitering around the farm, we’d chase it away.  If it came back, or threatened anyone, we shot it.  If one of our own dogs got crazy and ate a chicken, or nipped at the cattle or goats, it would “disappear”....

There is a difference in reaching a settlement agreement in a case and actually concluding the case. A settlement is an agreement between our client and a defendant (usually an insurance company) about how much the defendant will pay to resolve the case. Many cases settle during a series of phone calls. Others settle from an exchange of written letters. Cases in which a lawsuit have been filed often settle during a mediation conference. With very few exceptions, most defendant insurance companies won’t simply send a check. All of the attorneys have to prepare and sign release documents, or file papers with the court to dismiss the case. Those arrangements typically take a month or two after the actual agreement. It’s a paradox that insurance companies want to settle cases at the end of the year but getting the check from them is harder in December. Insurers like to show cases as settled before January 1 because it affects the accounting and books of the company. However, getting the final check requires detailed follow up. During the holidays, it’s hard to juggle all of the phone calls and contacts with adjustors and defense attorneys who are out of the office....