About Oni Harton, Esq.
Oni Harton is an experienced estate planning and litigation attorney. She has been writing and researching for more than two decades and enjoys contributing to efforts that connect people with critical legal services. Oni contributes to Super Lawyers by creating content and verifying the legal accuracy of articles. Oni is an Indiana University School of Law graduate. She is licensed in Indiana.
Articles written by Oni Harton, Esq.
Injured at a Friend's House: Will Their Homeowners Insurance Pay?
A friend's homeowners or renters insurance may cover injuries you suffer on their property without requiring payment from your friend's personal assets. Medical coverage can cover reasonable medical expenses regardless of fault. If a dangerous condition or another negligent act caused your injury, personal liability coverage may provide broader compensation, including medical costs and other losses. If you've been hurt at a friend or relative's home and want to learn more about how homeowners …
When Can You Get Punitive Damages in a Personal Injury Case?
Most personal injury cases end with compensation to the injured party for actual losses caused by another's negligence. However, in some cases, the defendant's conduct is deliberate or so reckless that courts allow a large punitive award to punish the conduct and deter future wrongdoing. While these awards are rare and difficult to win (and limited by law), some cases warrant this type of award. If you or a loved one is involved in a personal injury matter, contact an experienced personal …
Suing on Behalf of a Child: Guardians, Court Approval, and Settlements
A parent, legal guardian, next friend, or court-appointed guardian ad litem can sue on behalf of an injured child, but the child owns the claim. Because minors generally lack the legal capacity to file lawsuits, sign binding settlements, or release claims, an adult must act on their behalf. In many states, a court must approve any settlement involving a minor, and the funds may need protection in a restricted account or trust until the child reaches adulthood. Consulting an experienced personal …
Mitigation of Damages: Your Duty To Limit Your Losses
Injured plaintiffs have a legal duty to take reasonable steps to limit losses after an accident, a principle known as the duty to mitigate damages. If a plaintiff fails to do so, the defendant may raise that failure as a defense in an effort to reduce the amount of damages awarded. When it comes to mitigating loss, the law requires a reasonable effort, not perfection or an extraordinary sacrifice. Understanding this duty can help you protect your health and limit any reduction in your potential …
The Collateral Source Rule: Does Insurance Reduce What You Recover?
Usually, insurance payments do not reduce what you can recover from an at-fault party under the collateral source rule. The rule generally prevents defendants from benefiting when independent sources, such as private health insurance, disability coverage, workers' compensation, paid leave, or family assistance, cover accident-related losses. However, many states have enacted laws that limit or modify the rule, and those laws may affect settlements or jury verdicts. If you were injured and …
Negligent Hiring and Supervision: Suing the Company, Not Just the Employee
Employees who are responsible for your injuries in a personal injury case rarely have the financial means to fully compensate you. This makes it worthwhile to determine whether the company that hired, retained, or failed to oversee the employee properly can be held directly responsible for employer negligence. Understanding the difference between the main types of employer liability claims for personal injury — vicarious liability and direct liability — and the evidence required to prove …
Joint and Several Liability: Suing More Than One Defendant
Joint and several liability arises in many personal injury cases when multiple defendants contribute to the same injury. This legal doctrine may determine whether the plaintiff can recover the full amount of damages from one defendant or must recover proportionally from each defendant. Your state law determines whether you can recover full damages or only a portion from each defendant. Visit the Super Lawyers directory to find an experienced personal injury attorney who can evaluate your case, …
Negligent Entrustment: Are You Liable for Lending Your Car or E-Bike?
You may be liable for lending your car or e-bike if you knowingly or reasonably should have known the borrower was unfit to operate it. A negligent entrustment claim generally requires proof that you gave the person control, knew or should have known about their incompetence or recklessness, and that their operation caused injuries or property damage. Liability focuses on your negligence in lending the vehicle, not merely ownership. Negligent entrustment is a legal claim that holds owners …
Expert Witnesses in Personal Injury Cases: When You Need One
In a personal injury case, an expert witness can strengthen your claim and help you get more compensation. An expert witness can make the difference between a fair settlement and a lowball offer. Insurance companies and defense attorneys look for gaps in liability, causation, and damages to reduce payouts. Expert witness testimony is an important piece of the puzzle in many cases, helping close evidence gaps and setting you up for a fair settlement offer. An experienced local personal injury …
Pre-Existing Conditions and the Eggshell Plaintiff Rule
A pre-existing condition generally does not prevent an injured person from recovering compensation when another party's negligence aggravates or worsens it. Under the eggshell plaintiff rule, also called the thin-skull rule, the defendant may be responsible for the full extent of the harm caused, even if the victim was vulnerable. The key distinction is between the condition that existed before the incident and the additional injury or aggravation resulting from it. If you or a loved one has a …
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