It is understandable to be confused concerning your legal rights after an injury due to a slip and fall. Many assume that the landowner is responsible whenever these incidents occur on their property. However, the Indiana law concerning slips and falls is far more complex.
Whether you can collect compensation for your losses depends on your reasons for being on the land and if you had permission to be there. Furthermore, a landowner is only responsible if you can prove that they knew or should have known about the danger before the incident. These can be difficult concepts to prove on your own.
This is where a Fort Wayne slip-and-fall lawyer can help. A personal injury law firm in Fort Wayne could take the necessary steps to investigate the events leading up to the fall and prove that a landowner was negligent in allowing the injury to occur. Then, once this is complete, they could measure how the event has changed your life and demand appropriate compensation.
Let Our Slip and Fall Attorneys in Fort Wayne, IN Fight for Your Rights: Schedule a Free Case Review
Slip and fall accidents fall under premises liability claims, and your lawsuit will be impacted by the accident’s location and the property’s owner. In many situations, the owner or operator of the property is liable for your injuries because they must keep the area safe for visitors and “invitees” like store clients.
If a slip and fall accident caused your injuries, you have legal rights that you shouldn’t ignore.
Our slip-and-fall lawyers in Fort Wayne, IN, have experience and can fight to get you the full compensation you deserve. In addition, we offer a free case evaluation, so you don’t have to pay anything when you present your case to our team.
Most Common Types of Slip and Fall Injuries Leading to Premises Liability Claims and Lawsuits
Accidental slip and fall injuries can result in serious harm. Moreover, slip and fall victims frequently have to endure permanent disability or life-changing injuries. A slip and fall mishap could result in any number of injuries, including but not limited to:
- Head trauma
- Neck wounds
- Damage to the spinal cord
- Temporary or permanent paralysis
- Bone fractures
- Back, knee, elbow, or hip problems
Although using your arms or legs to attempt and stop your fall is a common reflex, it frequently results in more severe injuries. People who attempt to halt their fall with their hands or legs risk hurting their wrists, elbows, hands, fingers, shoulders, knees, ankles, etc.
Our slip and fall attorneys in Fort Wayne, IN, can determine your losses based on your injuries’ assessment. If you haven’t already, you should visit a doctor to discuss your wounds. Any medical records will be crucial to your claims for damages.
What Slip and Fall Accidents Might Give You Grounds for a Claim or Lawsuit?
As a general rule, landowners have a duty under the law to protect people who enter their land from accidental injuries. Notably, this duty is not absolute. Not every injury on another’s land means the owner is responsible. The burden lies on injured individuals to prove that a landowner must pay compensation for the resulting losses.
- The first concept to consider is whether an injured person had permission to be on the land at the time of the fall. If they entered the land without the owner’s permission or remained after being asked to leave, they are unlikely to be able to recover compensation after tripping and falling. Therefore, it was only when an injured person had permission to be on the land that they may have a valid case.
- Next, an injured individual must prove that the landowner was negligent in allowing the injury. This can involve failing to clear spills in grocery store aisles, entryway ice, or loose carpeting on stairs. If a landowner knew or should have known about these hazards and failed to correct them, the law says they are liable for all resulting injuries.
A Fort Wayne personal injury attorney could help to build potent cases against landowners after slip and fall injuries.
How Can a Fort Wayne, IN, Slip and Fall Lawyer Help You Recover Compensation for Your Injuries?
A slip and fall injury lawsuit may name several defendants. In the end, the owner of any property where a fall happened may be obligated to compensate a person hurt in the accident. Depending on the situation, these legal actions may target either a business owner or a private property.
When a fall occurs on public property, a lawsuit against the government is also an option.
A harmed person may bring a lawsuit against the manager of the property in addition to the owner (such is the case with many in-store slip and fall accidents).
Let’s see how our slip and fall injury lawyers in Fort Wayne, Indiana, can assist you in building a case against the party or parties responsible and obtaining compensation.
Determine Negligence in Your Slip and Fall Injury Case
In most situations, the owner or manager of the property where your slip and fall happened can be held accountable for your injuries. For instance, you might be entitled to compensation from the homeowner’s insurance company of the residence you were visiting at the time of your injury.
Alternatively, a store owner, operator, or company could be held liable for failing to post a wet-floor sign after mopping up or removing snow and ice from sidewalks.
Injury claims made by invitees, such as clients or social guests, frequently fall under premises liability cases, making the property owner responsible for the incurred harm. Property owners and operators may also be in charge of those expected but not specifically invited to the property, such as couriers.
The tenant may be held responsible in addition to, or instead of, the owner in some situations where the property is owned by one party but leased or rented by another. This situation often applies to apartments and business properties.
Sometimes, it might not be clear who the property owner or operator is, but our slip-and-fall attorneys in Fort Wayne, IN, can carry out a thorough investigation to identify them. For this reason, during your free case evaluation, you must talk about the specifics of your accident with a qualified lawyer who can assist you in identifying the appropriate liable parties and start the process of obtaining a settlement that fully reimburses you for your injuries.
Defeat Liable Parties’ Arguments Regarding Your Own Fault for the Accident
The “modified comparative negligence” rule is used in all personal injury lawsuits in Indiana. According to Indiana Code 34-51-2-5, the extent of your damages may be diminished in proportion to your level of fault for the slip-and-fall accident. A plaintiff cannot recover once they are found to be more at fault than the defendant. In conclusion, you are only eligible for compensation if you bear no more than 50% of the blame for your accident.
This type of defense is frequent in slip-and-fall injury cases, car accidents, etc. Most liable parties claim that you caused the accident by acting irresponsibly and that your injuries are your own fault. They usually assert that any issue, including damp floors, ice, or other hazards, was obvious, and you should have been the one to avoid them. According to some defendants and their insurance companies, it is also your fault to have broken the fall with your arms or legs, thus leading to your injuries.
The slip-and-fall attorneys at Yosha, Cook & Tisch in Fort Wayne won’t stand such shenanigans. We have devised tried-and-true strategies to deal with baseless allegations that our client’s actions led to the slip-and-fall disaster. Our Fort Wayne injury lawyers frequently demonstrate that the defendant was negligent in causing the accident and that it might have been prevented if the property owner had acted properly.
Obtain Fair Compensation for Your Slip and Fall Injuries and Losses
Slipping and falling can require immediate and comprehensive medical care. In some scenarios, they may even result in permanent physical limitations. Therefore, a property owner that allows these injuries to occur must provide payments for all necessary past and future medical care.
Trips and falls can also change other aspects of a person’s life. For example, physical injuries are usually painful and can damage an individual’s emotional well-being. They may also force a person to miss time at work and devastate their financial health. Therefore, negligent landowners must provide reimbursement for these other losses (pain and suffering, mental anguish, loss of current and future wages, loss of enjoyment for daily activities, etc.) and pay for medical treatment.
File Your Claim Under Indiana’s Statutes of Limitations for Personal Injury
A Fort Wayne slip, trip, and fall lawyer could take the lead in seeking this compensation. However, be aware that it is necessary to act quickly. Indiana Code § 34-11-2-4 says that people have only two years after a fall to demand payment. After the two years have passed, the court nearly never grants a plaintiff permission to file a complaint. Even when these circumstances exist, filing the lawsuit as soon as possible is still preferable.
Contact a Fort Wayne Slip and Fall Attorney Today
Slips and falls are traumatic events that have the potential to change every part of your life. You could require extensive medical care, and you may also lose out on substantial earnings or endure intense emotional anguish. Landowners negligent in allowing falls to happen on their property must provide the compensation they need to set things right.
A Fort Wayne slip-and-fall lawyer could help you by gathering evidence and measuring the losses necessary to protect your legal rights.
Reach out now to schedule a free consultation today!