Slip and fall incidents are unexpected — but they happen all the time. When you’re on someone else’s property, you inherently trust that you’ll be safe. If you experience a slip and fall due to their negligence, the property owner or manager may be accountable for your injuries.
In Indiana, landowners or business proprietors must keep their premises hazard-free. If you’ve had a slip and fall incident, you may want to contact a Carmel slip and fall accident attorney to see what your options are.
How does a slip and fall case work?
A slip and fall case is like most other personal injury claims. You’ll have to prove another party was negligent, build a case, negotiate a settlement, and possibly go to trial.
Step 1: Proving negligence
In order for your slip and fall claim to be successful, you’ll need to prove another party or entity was negligent, and that this negligence led to your slip and fall. You’ll need evidence to help prove this claim, such as:
- Witness statements
- Surveillance footage
- Photos of the hazard
- Your medical records
Your slip and fall attorney can help you investigate the accident and gather the appropriate evidence.
Step 2: Building a case
Once your Indiana attorney has investigated your slip and fall, they can start building a case for your claim. They’ll use this evidence, along with other research, to negotiate a fair settlement with your insurance company, or the other party’s insurance company.
While building your case, your attorney will also evaluate your losses to determine what a fair compensation amount would be.
Your losses are things like:
- Medical bills for treatment related to the slip and fall injury
- Prescription medication for the injury
- Lost wages if you had to miss work as a result of your injury
- Lost earning potential if your injury prevents you from ever doing your job again
- Property damage related to the slip and fall
- Pain and suffering
- Mental anguish or emotional trauma
- Loss of enjoyment of life
Step 3: Negotiating a settlement
Your lawyer can negotiate a settlement on your behalf. This settlement money can come from either your insurance provider or the other party, depending on the circumstances of your case. Getting a settlement is usually a quicker and less expensive way to resolve your slip and fall case. Going to trial can increase fees that you’ll have to pay later.
Step 4: Going to trial (possibly)
Although about 97% of civil law cases end up not going to trial, it’s possible your case will go to trial if you can’t reach a settlement. Your attorney might suggest this option if the insurance company or other party is unwilling to pay a fair settlement to you, and your attorney thinks you have a chance of getting fair compensation from a judge.
Going to trial for a slip and fall case could take months, and sometimes years. It’s lengthy and more stressful than a settlement, but in some cases it may be the only way to get the compensation you deserve. Your attorney will be able to tell you what the best option is for you.
Types of Carmel slip and fall cases we represent
There are many types of slip and fall accidents that you can file a legitimate claim for. Some slip and fall examples include:
- Weather-related (snow, ice, etc.)
- Falls resulting from mopped floors with no “wet floor” sign nearby
- Falls caused by spilled liquids
- Falls due to lack of handrails in a stairwell
- Public walkways and parking lots
- Public property
- Commercial premises
- Private premises
The above list doesn’t cover all possible types of slip and fall cases — each case is different. If you’ve had a slip and fall accident and believe another person or entity might be responsible, contact our personal injury attorneys. We can discuss the accident with you and let you know how you should proceed.
How to proceed after a serious injury
After your fall and injury, you should contact a Carmel slip and fall injury lawyer as soon as you’re able. Evidence for slip and fall cases can be difficult to track down and the longer you wait to file the claim, the more your evidence will disappear.
Also, your insurance company will start pestering you to go on record with a statement that sinks your claim. If you have a slip and fall lawyer by your side from the start, you can protect yourself from the insurance company’s shady practices.
Be careful who you speak to
After your slip and fall injury, you should be cautious about who you speak to concerning the incident. You are not obligated to speak with another party’s insurance company and you should avoid requests to talk. Tell them to speak to your lawyer instead.
In addition, refrain from posting about your accident or injuries on social media. Insurance companies scour your social media profiles as much as possible after you file a claim in order to find anything that could hurt your chances of getting fair compensation.
Having an attorney after your slip and fall is crucial because they can help you navigate the process and advise you on what to do.
How do you get compensation for a slip and fall?
To get compensation in a slip and fall claim, you have to prove that the other party or entity was responsible for your fall. Slip and fall cases are often premises liability cases, meaning that the owner of the property might have been negligent and as a result, you fell.
After your fall, you should take the following steps if you want to improve your chances of getting compensation:
- Get medical attention to treat your injuries.
- Contact the authorities to file a report.
- File a claim with your insurance provider.
- Contact a Carmel slip and fall attorney.
Filing a report with the authorities is an important step because it creates a record of the accident. When you report the accident, provide as much detail as possible, such as the time and day of the slip and fall, the conditions, shoes and clothes you were wearing, potential witnesses, and possible obstructions that made you fall.
How much is a slip and fall case worth in Carmel, IN?
The amount of compensation you get after your slip and fall case depends on the severity of your injuries. If you’ve had to get extensive medical treatment and pay high medical bills, then your compensation package will likely be higher to help you cover those expenses.
“Hard” injuries will likely be valued more highly than “soft” injuries. Hard injuries are usually visible and easy to describe — and therefore easier to place a value on. Some examples include:
- Broken bones
- Head injuries
- Ligament and cartilage tears
- Open wounds
- Spinal disc injuries
Soft injuries aren’t easy to see and some typical examples are muscle sprains and tendon strains. It’s more difficult to describe a soft injury to the insurance company, so they might be reluctant to give you compensation for it. If you have a slip and fall attorney to help you, however, you can fight for the compensation you deserve.
Was the slip and fall partially your fault?
Another important factor in determining the worth of a slip and fall case is whether it was partially your fault. Indiana uses modified comparative negligence in personal injury cases. As long as you were less than 50% responsible for the slip and fall, you can receive compensation. But the final amount will be reduced by the percentage you are responsible for.
What kind of medical care did you receive?
The type of medical treatment you got after your accident also affects the value of your slip and fall claim. If your treatment is more extensive or invasive, such as surgery, casting, or splinting, your compensation amount might be higher.
Unfortunately, insurance adjusters tend to be more skeptical of treatments like chiropractic care, acupuncture, or treatments administered by non-physician practitioners. You should get the best treatments suited to your needs, however, and let your slip and fall attorney work on getting you fair compensation for your accident.
Contact Yosha Law for your Carmel slip and fall case
If you’ve suffered a slip and fall in Carmel and you’re wondering what you should do next, our lawyers can help. We understand that you’re probably feeling stressed and focused on recovering from your injuries — seeking legal help may be the furthest thing from your mind.
But at Yosha Law, we do more than provide you with legal advice. We offer our empathy and support as you struggle to recover and get your life back on track. We’re always available to answer your questions. For a free consultation about your slip and fall injury, call us today at 317-334-9200, or contact us online.