Your Indiana Slip and Fall Lawyers
The Centers for Disease Control and Prevention (CDC) stated, “Over 800,000 patients a year are hospitalized because of a fall injury, and one out of five falls cause serious injuries such as broken bones or a head injury.”
Falling on a property can cause serious and even life-altering damage. What’s more, falling can result in high medical expenses and place a financial burden on you and your family.
We Understand the Pain You’re Suffering
Accidents happen unexpectedly and suffering an injury after a fall that was not your fault can be stressful and overwhelming. If you or a loved one sustained injuries after a fall on someone else’s property, contact The Ken Nunn Law Office for a free case review. We understand the pain you’re suffering and want to help.
Our team of slip and fall attorneys can review the details pertaining to your fall and inform you of your options.
What Is Premises Liability?
Premises liability laws in the state of Indiana hold property owners legally responsible for those who visit their property. By law, a property owner has a legal responsibility to make sure their grounds are safe for visitors. If a hazard arises on their property, then it’s their responsibility to fix the problem. If the hazard is unable to be resolved immediately, it is also the property owner’s duty to warn visitors.
If an owner fails to uphold their responsibilities, they could be held liable for any injuries directly caused by their negligent actions.
Compensation: What Am I Entitled to Receive?
If you’re entitled to receive compensation for damages, the following may be covered:
If you suffered severe injuries, you will likely accumulate high medical expenses. This can include surgeries, occupational therapy, and other related treatments required for you to recover.
In some cases, an injury can prevent you from working and making a living. Compensation can help cover the time you spend away from work due to your injuries.
Pain and Suffering
In addition to physical injuries, you may have suffered emotional and mental trauma. If this is the case, compensation may be available for pain and suffering.
We understand that compensation cannot change what you endured. However, it can help you begin to move forward and cover any expenses related to your accident.
Common Hazards That Cause Falls
Below are examples of unsafe conditions that commonly result in premises liability claims against property owners:
- No warnings posted on known hazards or construction areas
- Wet floors
- Loose steps or handrails
- Icy stairs or walkways
- Debris from a spill
- Plumbism, which is known as lead poisoning
- Inadequate lighting
- Uneven floors or sidewalks
- Known construction defects
- Open excavations or sewer construction
- Negligent security
What to Do After a Fall
Every decision you make after an accident can impact your ability to obtain compensation. For this reason, our slip and fall attorneys have provided several tips you can use to protect your future claim:
Tip #1 – Make sure to inform the property owner that you have been injured immediately after your accident.
Tip #2 – Seek medical attention. Failing to be seen by a medical professional can have a negative effect on your claim. In some cases, injuries can take time to surface and pain may not arise until days or even weeks after the accident. However, if you wait to seek treatment or fail to follow your doctor’s orders, your likelihood of receiving compensation will decrease.
Tip #3 – Be sure to keep detailed records. This can include copies of medical bills, photos of your injuries, and pay stubs if you lost wages as a result of your injury. Evidence is a pivotal part of successful premises liability claims, so it’s important to keep track of any information related to your accident.
Tip #4 – Contact an experienced slip and fall attorney. The legal process is rarely straightforward. For this reason, it’s in your best interest to enlist legal guidance regarding your claim.
Keeping these tips in mind may increase your chances of receiving the compensation you deserve after an accident.
Most Common Injuries After a Slip and Fall Accident
Injuries will vary depending upon the severity of the accident. The most common injuries after slip and fall accidents include:
- Traumatic brain injuries (TBI) such as a brain aneurysm, which is when a blood vessel within the brain fills up with blood
- Broken bones
- Back and spinal injuries, like paraplegia, that result in paralysis to the lower limbs
- Severe contusions, also known as bruises
- Wrongful death
- Pelvic injuries
If you were visiting a public place or a private residence in Indiana and were hurt due to a fall, it’s in your best interest to speak with a lawyer. The extent of your injuries will help determine the amount of compensation you may be entitled to receive.
When you are hurt in a slip and fall accident, the insurance company may try to give you a tiny check. If the insurance company offers you money, how will you know it’s fair? You won’t unless you call me and my team of slip and fall accident lawyers. I’ll help you without obligation, and I will answer all of your questions.
Duty of Care
In many states, property owners are required by law to ensure their property is safe for visitors. There are three different types of visitors and the category you fall under will determine what legal options are available after an accident.
An invitee is any individual who was invited to visit the property for the benefit of the owner. This can include people visiting a movie theater or a customer shopping at a business.
A licensee is a person who has permission to be on the property, such as a sales person or landlord.
A trespasser is anyone who does not have permission to be on the property.
The type of visitor you are can make a significant difference in premises liability cases. For example, if you are considered a trespasser, it is unlikely that you will be able to receive any compensation for a slip and fall. If you need help determining what type of visitor you were after your accident, contact our law office to learn more.
Proving Liability After a Fall
In premises liability cases, proving fault is essential to obtaining compensation. In order to successfully win this type of case, there are certain elements you will need to demonstrate, such as:
- The property owner had a legal responsibility to ensure the area was safe.
- The owner failed to uphold that responsibility.
- The injuries you suffered were a direct result of the property owner’s negligence.
Proving liability is often complex without legal representation. In some cases, property owners will quickly repair the hazardous area in attempts to avoid paying compensation for your injuries. For this reason, it’s in your best interest to consult a slip and fall attorney immediately following your accident. Keep in mind, this type of case is time-sensitive, and any delays can result in little to no compensation.
Statute of Limitations in Indiana
The statute of limitations is a law that dictates how much time an injured victim has to file a lawsuit against the other party. It’s important to note that the law varies in each state, which is why it’s imperative that you are aware of the time limit in the state of Indiana.
Indiana gives injured victims exactly two years from the day the accident occurred to file a lawsuit against a property owner. There are some very limited exceptions to this law. Typically, this type of case is settled during the negotiation phase. However, if both parties are unable to reach an agreement, then filing a lawsuit may be your best option, and you will need to do so before the statute of limitations deadline.
Failing to file within the set deadline may cause your case to be dismissed, leaving you without any compensation for damages.
If you were in a public place or a private residence in Indiana and hurt yourself due to a slip and fall, you need to talk with an Indiana attorney. There are cases where people are hesitant to file a claim, because they assume their injuries are not serious. Sometimes injuries can take time to surface and pain might not arise until days or even weeks after the accident. There are time limits, so don’t delay, call now. No matter how minor the injuries may be, by waiting you could lose out on thousands of dollars in settlement money and, instead, be left with an amount that’s less than what you rightfully deserve.
Have You Fallen on a Property? Contact Our Law Firm Today.
Our lawyers understand the struggles you or your loved one may face after an accident. Medical bills can be high, you may miss work due to your injuries, or experience emotional distress that impacts your daily life. If this is the case, we want to help.
At The Ken Nunn Law Office, we’re here to guide you through the legal process and keep you informed about the progress of your case. Life is stressful enough after an accident. When you allow our knowledgeable attorneys to handle your case, you will have one less thing to worry about.
Damages such as medical expenses, pain and suffering, lost income, and out-of-pocket expenses, may be calculated into the total amount of compensation you or your loved one are entitled to after an accident.
Don’t take chances with your case. We’ll go after every dollar you deserve — every dollar. And we’ll handle all of the phone calls and negotiations with insurance adjusters on your behalf. We are ready to fight for you. Call a slip and fall attorney today at 1-800-CALL-KEN, or fill out our form below to schedule a FREE consultation.