Slip and fall accidents can occur in the blink of an eye, but leave you with years of pain and suffering. You may experience bone fractures or even traumatic brain injuries as a result of these accidents. If you’ve slipped in Hammond, Indiana due to someone else’s negligence, there are avenues you can take to pursue just compensation.
A Hammond slip and fall attorney can advise you on legal action, and can act as an intermediary with insurance companies that are reluctant to settle your claim. You don’t have to suffer through the aftermath of your accident alone — turn to Indiana personal injury lawyers you can trust.
What is a slip and fall?
Legally, a slip and fall is an accident in which negligent conditions lead to a fall and personal injury. A slip and fall can occur on any privately-owned property. For example, if you trip on an unmarked wet floor in a business or fall due to a poorly maintained walkway, you may have a slip and fall legal case.
If you choose to file a lawsuit after your slip and fall, this will fall under a premises liability claim and is protected by state personal injury law. Indiana state law defines premises liability as the responsibility of private business owners for any injury or death that occurs on their property, due to owner negligence.
Although many Hammond business owners carry liability insurance coverage, the amount of coverage varies from business to business, and it may not cover the financial, emotional, and physical suffering you’ve endured after your slip and fall.
Government properties offer limited compensation
If your accident occurs on federally-owned government property, the federal government has its own insurance to provide some compensation. However, the government may not feel inclined to settle for the future costs and pain your injury may cause you.
The Federal Tort Claims Act gives the federal government protection from most liability lawsuits. Nonetheless, the Act also offers victims of slip and falls and other personal injuries some exceptions that may allow you to file suit. After you’ve received a medical diagnosis and have started the insurance claims process, it may be time to consider consulting an injury lawyer in Hammond.
How a Hammond slip and fall attorney can help
You filed a slip and fall claim with the at-fault insurer and received a medical diagnosis for the injuries you sustained in your accident. However, the insurance company has denied your claim or refuses to pay out. So, now what?
You may find proving negligence and liability is an almost-insurmountable task on your own. Nonetheless, your road to justice doesn’t have to end here. The right Hammond slip and fall attorney can help.
Some of the steps an excellent lawyer can take care of for you include:
- Gathering photo and video evidence of the negligent conditions of the premises
- Retaining expert testimony to bolster your case
- Forensic research into any laws or repair ordinances not followed by the at-fault party
- Mediation in any settlement meetings
- Representing you in any court proceedings
How to prove fault in a slip and fall
You may be able to prove negligent property conditions easily via photographic evidence and eyewitness testimony. However, discerning who’s at fault in a slip and fall may be more difficult. Legally, you must show negligence as the failure to act with prudence to improve property conditions.
The following violations could result in a valid slip and fall claim:
- Ignorance of or lack of adherence to local and federal building codes
- Absence of unsafe conditions warning signs or blocked off areas
- Violation of local and federal safety laws
- Improper lighting conditions
Negligent parties may involve:
- On duty employees
- Site managers
- Building owners or landlords
- Business or property owners
In Indiana, the statute of limitations to file your claim stands at two years from the date of your accident. However, it’s important to quickly begin the claims process after your slip and fall accident. Most businesses have procedure and documentation in place to file an incident report. At the time of your accident, if you aren’t offered this paperwork, make sure you request it from an employee or manager on duty.
Common reasons for slip and falls in Hammond
Slip and falls can occur for a variety of reasons and can lead to injuries that range in severity. Some of the most common reasons for slip and fall accidents in Hammond include:
- Exposed floor wiring
- Broken floor tiles
- Loose and uneven carpets
- Liquid or food spills
- Poorly lit walkways
- Potholes on the property
- Floors in disrepair
- Missing handrails
- Broken stairs
Property ownership and management should clearly mark unsafe areas and make necessary repairs before opening their doors to the public. Similarly, it’s up to management to ensure your work environment measures up to safety standards.
Seek medical attention before filing your claim
The foundation of your slip and fall case stems from its documentation. In order to claim personal injury, you must have proof that you’ve seen a doctor. Although your injuries may not seem grievous initially, it’s vital that you have a medical examination.
Some injuries may take time to present themselves. Subdural hematomas, concussions, sprains, ligament damage, and fractures all need diagnosis and require treatment that could add to your settlement.
Contact Yosha Law
Every year in the U.S., 6.8 million people are hurt in a slip and fall, and 1 million require emergency medical attention as a result.Your slip and fall accident in Hammond could cause you to miss work and incur high medical costs. You don’t have control over your fall, but you can take ownership in its aftermath.
You shouldn’t have to face the stress of your injury alone. A Hammond slip and fall attorney can offer you navigation through the murky waters of the legal process and stand in your corner.
At Yosha Law, our attorneys understand how traumatic a slip and fall can be, and we’re here to help you. We treat each of our clients like family, and we care deeply about the outcome of your case. We will fight for your just compensation.
Contact us today for a free case evaluation where we can explain the merits of your case.
