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Mark A. Scott

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Location:

Kokomo, IN

Phone:

Fax:

765-459-5950

Email:

For more than a quarter of a century, Attorney Mark A. Scott has distinguished himself as a leader in personal injury and wrongful death law, and he’s earned the respect of his colleagues in and out of the courtroom.  Mr. Scott has been a frequent author and lecturer on subjects involving tort law, civil procedure and evidence.  For many years he presented the Indiana Tort Law Update for both the Indiana Continuing Legal Education Forum (ICLEF) and the Indiana Trial Lawyers Association (ITLA), and he also served as the Chair of ITLA’s Amicus Committee from 2003-11.  In 2004 Mr. Scott was a recipient of ITLA’s Trial Lawyer of the Year Award, and in 2012-13, he served as the President of ITLA.

Mr. Scott was born in Logansport, Indiana, and he graduated from Logansport High School in 1985, where he was selected as one of two students from the State of Indiana to be a United States Senate Youth Scholar.  After high school Mr. Scott was awarded the prestigious Lilly Scholarship to attend Wabash College, where he graduated in 1989 with honors.  While at Wabash, Mr. Scott attended the Centre for Medieval and Renaissance Studies in Oxford, England.  Following college, Mr. Scott was awarded a Jump Scholarship to attend Indiana University Robert H. McKinney School of Law in Indianapolis, where he graduated in 1993.

Since graduating from law school, Mr. Scott has focused his law practice exclusively on serious personal injury and wrongful death cases.  In addition to his work as a trial lawyer, Mr. Scott opened his Mediation Center in 2017, and he is highly sought by plaintiff and defense counsel to serve as a mediator for personal injury and wrongful death cases.  Mr. Scott mediates more than 100 personal injury and wrongful death cases each year on top of his active personal injury and wrongful death practice.

Outside of the office, Mr. Scott and his wife, Jan, keep busy raising their young grandchildren, whom they adopted in 2017.  Additionally, Mr. Scott is an accomplished drummer and multi-percussionist who regularly plays professionally on weekends, and he enjoys outdoor activities such as fishing, mushroom hunting, bonfires and just about anything in, on or around the water.

Areas Of Practice

  • Automobile, Motorcycle and Truck Accidents
  • Wrongful Death
  • Traumatic Brain Injuries
  • Burns and Explosions
  • Dog Bites
  • Defective Products
  • Premises Liability
  • Civil Mediation
  • Construction and Workplace Injuries

Bar Admissions

  • Indiana, 1993
  • U.S. District Court Northern District of Indiana, 1993
  • U.S. District Court Southern District of Indiana, 1993

Education

  • Indiana University School of Law, Indianapolis, Indiana
    • J.D. - 1993
    • Honors: Order of the Barristers
    • Honors: Associate Justice, Moot Court Society
    • Honors: Jump Scholar
    • Honors: American Jurisprudence Awards in Insurance Law and Administrative Law
  • Wabash College
    • A.B., Bachelor of Arts - 1989
    • Honors: cum laude
  • Centre for Medieval and Renaissance Studies, Oxford
    • 1988
  • Indiana University Robert H. McKinney School of Law
    • 1993

Published Works

  • The Right to Make Inquiries During Voir Dire Regarding Potential Jurors’ Relationships with the Defending Insurance Company, ITLA Seminar , March, 2003
  • Apples and Oranges: The Inapplicability of the Wrongful Death Act to Death Claims Under the Medical Malpractice Act, Verdict, Vol. 25, No. 3 , September, 2003
  • The Inadmissibility of Collateral Source Write-Offs or Discounts, Verdict, Vol. 29, No. 1 , June , 2007

Representative Cases

  • Bagko Development Co. v. Damitz, 640 N.E.2d 67, 1994, Ind. Ct. App.
  • Green v. Estate of Green, 724 N.E.2d 260, 2000, Ind. Ct. App.
  • Reed Sign Service v. Reid, 755 N.E.2d 690, 2001, Ind. Ct. App.
  • Fulton County Comm'rs v. Miller, 788 N.E.2d 1284, 2003, Ind. Ct. App.
  • McCarty v. Sanders, 805 N.E.2d 894, 2004, Ind. Ct. App.
  • Chamberlain v. Walpole (Amicus Curiae), 822 N.E.2d 959 , 2005, Ind.
  • Kocher v. Getz (Amicus Curiae), 824 N.E.2d 671, 2005, Ind.
  • Vasquez v. Phillips (Amicus Ciruae), 843 N.E.2d 61, 2006, Ind. Ct. App.
  • Indiana Patient’s Compensation Fund v. Winkle (Amicus Curiae), 863 N.E.2d 1, 2007, Ind. Ct. App.
  • Butler v. Indiana Dept. of Insurance (Amicus Curiae), 904 N.E.2d 198, 2009, Ind.
  • Stanley v. Walker (Amicus Curiae), 906 N.E.2d 852, 2009, Ind.

Classes/Seminars

  • Adjunct Instructor, Paralegal Studies, Indiana University at Kokomo, 1996
  • Qualified Offers of Settlement: A Two-Edged Sword, ITLA Seminar, 1999
  • Benton v. City of Oakland and its Impact Upon Tort Claims Cases, ITLA Seminar, 2000
  • Making the Dog Hunt: Holding Landlords Responsible for Injuries Cause by Their Tenants’ Dogs, ITLA Seminar, 2001
  • The Right to Make Inquiries During Voir Dire Regarding Potential Jurors’ Relationships with the Defending Insurance Company, ITLA Seminar, 2003
  • Visibility Issues in Motor Vehicle Collision Cases, ITLA Seminar, 2003
  • Time is on My Side: The Temporal Distinction in the Failure to Mitigate Damages Defense, ITLA Seminar, 2004
  • Recent Developments in Tort Law, ICLEF Indiana Law Update Seminar, 2004 to 2008
  • Tort Law Update, ITLA Seminar, 2004 to 2009
  • Defending Plaintiff’s Expert Against Challenges Under Indiana Evidence Rule 702, ICLEF Seminar, 2005
  • Relationship of the Medical Malpractice Act and the Wrongful Death Act, ITLA Seminar, 2005
  • The Top Five in 2005: Five Cases That Will Change Your Practice, ITLA Seminar, 2006
  • Preliminary Procedural Considerations and Recent Case Law Developments in the Law of Medical Malpractice, ICLEF Seminar, 2006
  • The Inadmissibility of Collateral Source Write-Offs or Discounts, Verdict, Vol. 29, No. 1, 2007
  • Wrongful Death Law in Indiana, ICLEF Seminar, 2010
  • Harm Without Recourse: An Analysis of Taele v. State Farm, ITLA Seminar, 2011
  • The Best Case I Ever Lost, ITLA Seminar, 2013
  • Applied Professionalism, ITLA Seminar, 2013
  • Mediation and Settlement, ITLA Seminar, 2015
  • Advanced Civil Mediation, ITLA Seminar, 2017
  • Advanced Civil Mediation, ITLA Seminar, 2019
  • Maximizing Damages by Using Surgical Videos at Trial, ITLA Seminar, 2019

Honors And Awards

  • Recipient, Indiana Trial Lawyers Association (ITLA) Trial Lawyer of the Year Award
  • Recognized as an Indiana Super Lawyer in the field of Personal Injury Law
  • Indiana Trial Lawyers Association (ITLA) Trial Lawyer of the Year Award, 2004
  • United States Senate Youth Scholar
  • Lilly Scholar
  • Jump Scholar
  • Order of the Barristers
  • Associate Justice, Moot Court Society
  • Recipient, American Jurisprudence Awards in Insurance Law and Administrative Law

Professional Associations And Memberships

  • Indiana Trial Lawyers Association, President, 2012 to 2013
  • Indiana Trial Lawyers Association, Board of Directors, 2003 to Present
  • Indiana Trial Lawyers Association, Executive Committee, 2004 to 2014
  • Indiana Trial Lawyers Association, Chair, Amicus Curiae Committee, 2005 to 2011
  • Howard County Bar Association, President, 1997
  • American Association for Justice