Thomas C. Hays

Partner

T: 317.453.8638 | Mobile: 317.258.2307
F: 317.630.2790
E: thays@lewiswagner.com

Legal Assistant

Debi Alexander

T: 317.237.0500
E: dalexander@lewiswagner.com

Biography

A veteran lawyer and Partner at Lewis Wagner, LLC, Tom concentrates his practice in the areas of alternative dispute resolution and litigation involving construction, premises liability and product liability. As an experienced mediator, Tom understands that preparation is the key to success. Mediation has become one of the most effective ways to resolve a case in today’s practice of law, so he believes it’s imperative to use the same level of preparation for mediation as with trials.

One of Tom's many strengths is his thorough investigation of his client's matter, followed by a thoughtful, strategic preparation of their case and a straight-forward appraisal of their legal situation and possible options. He has been recognized multiple times as The Best Lawyers in America^® in the fields of Arbitration, Mediation and Personal Injury Litigation, as well as Indiana Super Lawyers^®.

Tom is a member of several professional associations, including The National Academy of Distinguished Neutrals and the International Association of Defense Counsel.

Experience

Representative Cases:

Trial victory in underinsured motorist case

Lewis Wagner, LLP in Indianapolis, Indiana, successfully defended an insurance company client in an underinsured motorist jury trial in Hamilton County, Indiana.

The lawsuit arose from an automobile accident that occurred in Florida in March of 2010. The plaintiffs alleged physical injuries resulting in damages, including medical bills, lost wages, pain and suffering, and loss of enjoyment of life. The parties stipulated to the fault of the underlying tortfeasor for negligently causing the accident.

The wrongdoer’s insurance carrier paid its policy limits of $100,000 and then, approximately one month prior to trial, the underlying UIM carrier settled out of the case for its policy limits of $400,000. Plaintiffs were seeking the remaining allowable limits of $500,000 from their own UIM carrier as occupants of the owner’s car. Mr. Hays and Mr. Ehrie defended the case solely with regard to damages.

Plaintiff was claiming approximately $205,000 in medical bills and produced expert testimony from a vocational economics expert who opined that the plaintiff’s loss of earning capacity was in the range of $224,264 to $315,534 and her loss of usual and customary household services was in the range of $91,652 to $366,607. Plaintiff’s husband brought a claim for loss of consortium.

Plaintiffs requested $1.45 Million in final argument. The jury returned a verdict of $420,451.03 for both plaintiffs, which resulted in a zero dollar payout on behalf of the UIM insurance company client.

The Indiana Court of Appeals upheld longstanding Indiana law on the application of set-off in the context of an uninsured/underinsured motorist policy endorsement.
49A05-0809-CV-528The Indiana Court of Appeals upheld longstanding Indiana law on the application of set-off in the context of an uninsured/underinsured motorist policy endorsement.

Case Summary

Honors & Awards

Martindale-Hubbell Peer Review Rated AV® Preeminent
The Best Lawyers in America® in the fields of Arbitration; Mediation; Personal Injury Litigation - Defendants, 2010-2019
- Best Lawyers' 2019 Indianapolis Mediation - Lawyer of the Year
- Best Lawyers’ 2018 Indianapolis Arbitration - Lawyer of the Year
- Best Lawyers’ 2016 Indianapolis Arbitration - Lawyer of the Year
Indiana Super Lawyers®, 2005–2019
- Top 50, Indiana Super Lawyers®, 2012-2019
Distinguished Barrister, The Indiana Lawyer, 2016
Indiana State Bar Association, Litigation Section's Civility Award, 2005

Professional Associations

American Bar Association, 1977 - present
American Board of Trial Advocates, 1994 - present
- President, Indiana Chapter, 2006
Defense Research Institute
- State Liaison
- Trial Tactics Committee
Defense Trial Counsel of Indiana, 1982 - present
- President, 2015
- President-Elect, 2014
- Board of Directors, 2004 - present
- Diplomat, 2009
- Trial Tactics Chair, DTCI Annual Meeting, 1999 - 2004
- Chair, Spring Business Seminar at the Indianapolis Speedway, 2004
Georgia State Bar Association, 1977 - present
Indiana State Bar Association, 1979 - present
Indianapolis Bar Association, 1979 - present

Litigation Section
Indianapolis Bar Foundation
- Fellow, 2007
International Association of Defense Counsel, 2002 - present
Johnson County Bar Association, 1986 – present
National Institute for Trial Advocacy
- Diplomat, 1989
The National Academy of Distinguished Neutrals, 2015

Publications

"Prepare to break through mediation impasses," The Indiana Lawyer, May 2, 2018.
“Do Not Treat Mediation as Routine and Ordinary,” The Indiana Lawyer, May 3, 2017.
"New Interpretation of Additional Insured,” The Indiana Lawyer, December 2008.
"There’s More to Arbitration Than You Think,” The Indiana Lawyer, March 2007.
“Avoiding Waiver of Contractual Limitation,” The Indiana Lawyer, 2006.

Presentations

"Negotiating and Litigating the Damages: Defense Perspective," Damages in Personal Injury, National Business Institute, Indianapolis, IN, March 15, 2018.
Advanced Civil Mediation Roundtable, Indiana Continuing Legal Education Forum, French Lick, IN, November 9-10, 2017.
9 Ancillary Issues in Personal Injury Litigation, Indiana Continuing Legal Education Forum, Indianapolis, IN, September 28, 2016, Speaker.
Structuring the Closing Argument in the TBI Case, Trying the Traumatic Brain Injury Case, Indiana Continuing Legal Education Forum, December 18, 2013.
Sharpening Your Tools of Persuasion, Defense Trial Counsel of Indiana annual meeting, French Lick, IN, November 16 – 18, 2011, Chair.
It's Not A Crap Shoot!, Trial Skills, IndyBar Las Vegas Destination CLE, October 2011.
Opening Statements, DTCI 2010 Annual Meeting, Trial Tactics Section.
Taking Depositions that Win or Lose Your Case, Indianapolis Bar Association, March 2009.
Trying Cases for Premises Owners, Indiana Continuing Legal Education Forum, February 2009.
Are you Prepared for Accidents? Legal Considerations for the Construction Employer, National Business Institute, August 2008.
60 Minutes to Better Jury Instructions, Indianapolis Bar Association; August 2008.
New Trial Rules, Strategies and Tips, ISBA Indiana Solo and Small Firm Conference, 2007.
Mediation and Jury Trial In Indiana, Zurich North America, 2006.
Premises Liability – Slip, Trip and Fall, Closing Arguments From a Defense Perspective, Indiana Continuing Legal Education Forum, 2005.

Civic & Community Involvement

Indianapolis Bar Association - Homeless Program, 2006 - Present
NCAA Final Four—Special Events Committee, 1997
Indiana University School of Law
- Judge, mock trial, 1997
- Volunteer, mock interview program, 1997

Recent Training

Advanced Attorney-Mediator Training: Race for Excellence AOAMED, 2018
National Academy of Distinguished Neutrals (NADN) Advanced Mediation Training Program, 2017
IndyBar Bench Bar Conference, 2017

In The News

Bar Admissions

State of Georgia, 1977
State of Indiana, 1979

Courts of Practice

U.S. District Court, Northern District of Georgia, 1977
U.S. District Court, Northern District of Indiana, 1979
U.S. District Court, Southern District of Indiana, 1979

Education

Woodrow Wilson College of Law, Atlanta, Georgia, J.D., 1977
Indiana University, Bloomington, Indiana, B.A., dean's list, 1973

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Thomas C. Hays

Legal Assistant

Debi Alexander

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