We’ve all experienced an accidental slip-and-fall incident, mostly due to our own clumsiness. Fortunately, the worst that happens is that our egos are slightly bruised, and perhaps we feel embarrassed if others witnessed our little tumble. But what happens when you’re seriously injured in Muncie, Indiana, by someone else’s negligence? Who is responsible for the financial damages that can quickly pile up?
If the responsible party is obvious, the responsible party’s insurance company may be quick to offer a settlement. But are you getting what your Indiana slip and fall case is worth? This is where a Muncie slip and fall attorney comes to the rescue.
What Constitutes a Slip and Fall Accident?
Slip and fall accidents come in all types with varying degrees of severity. While tripping over your own shoelaces is due to your own negligence, there are plenty of circumstances where a person or business’s carelessness has caused you harm. Here are some common examples of a slip and fall accident that was completely out of your hands.
- Poor lighting – Inadequate or nonfunctioning lighting in stairwells, walkways, and parking lots can make it difficult for pedestrians to see hazards or obstacles.
- Wet or uneven surfaces – Spilled liquids, slippery floors, or uneven surfaces can easily lead to slip and fall accidents.
- Faulty or missing handrails – Poorly maintained handrails or a lack thereof are accidents waiting to happen.
- Weather-related hazards – Homeowners, businesses, and even public government facilities have the duty of care to keep sidewalks and public areas clear of snow and ice.
These are just a few of the conditions that could lead to a serious injury in a slip and fall accident. Property owners, landlords, businesses, or other responsible parties may be held liable for your financial losses due to their negligence. However, to be properly compensated, you’ll need a savvy slip and fall lawyer on your side.
Common Types of Damages From a Slip and Fall Accident
Sometimes, even a little tumble can cause serious injuries. Surgeries, physical rehabilitation, doctor’s appointments, and all the other things that can come with an injury can not only hit your wallet hard but can also rob you of financial peace of mind.
Without a Muncie slip and fall attorney, you’ll likely not have all your damages compensated. Only an experienced law firm should evaluate your slip and fall case to determine all your damages. Common types of slip and fall damages include:
- Medical bills – Medical bills can include but are not limited to ambulance costs, emergency room fees, surgeries, doctor’s appointments, rehabilitation care, prescription costs, and any other costs associated with your injury.
- Lost wages and benefits – If you’re unable to work, or have had to take time off for surgeries, imaging appointments, or rehabilitation care, you’re entitled to payment. Any lost benefits can also be claimed.
- Pain and suffering – Non-economic damages can also be claimed for severe injuries that have caused scarring, disfigurement, or chronic pain. The amount will be determined based on your physical, mental, and emotional pain.
You could be entitled to other compensation depending on the circumstances of your slip-and-fall case. For example, if your injuries have required home modifications (such as ramps), the installation cost can be included in your damages claim.
If you’ve had to hire lawncare or housecleaning services due to your inability to do them yourself, these expenses can also be added to your claim. These sometimes overlooked expenses highlight the importance of working with an experienced Muncie slip and fall lawyer.
Common Causes of Indiana Slip and Fall Accidents
While there are an infinite number of different types of slip and fall scenarios, there are a few that are more common in Indiana. Muncie gets its fair share of snow and cold weather during the winter months, and slip and fall incidents that are weather-related are all too common. Other common causes can include:
- Exposed floor wiring
- Missing, broken, or uneven floor tiles
- Unmarked wet floors and liquid spills
- Unsecured or loose carpets
Retail businesses must maintain clear, hazard-free areas that are open to the public. Homeowners and landlords must keep their properties safe for guests, visitors, or others who have been invited to the property or have a legal right to be there.
What To Do After a Slip and Fall Accident
If you are injured at your place of employment, whether in an office or other place of business, it’s crucial that you immediately report it to your supervisor or superior. Most businesses have an in-work accident protocol, so it’s imperative that you report the incident. If your slip and fall occurred in a retail space, the same applies, as retail businesses must have a protocol for accidents that happen on their property.
After a slip and fall in Muncie, it’s vital to do the following, even if you aren’t sure if the accident was due to negligence and warrants filing a claim for damages:
- Seek medical attention – Many slip and fall injuries may not be immediately apparent. The shock of the fall can floor the body with cortisone, which can mask pain. Also, if you choose to seek compensation, a delay in a medical evaluation could result in a denial of claims.
- File an insurance claim – Contact the liable party’s insurance company and file a claim. Contacting the insurance company will start the process of filing a claim. You’ll be given a claim number and assigned an insurance adjuster. Don’t agree to any recorded statement with them without first contacting an attorney.
- Gather evidence – Documenting your injuries and retaining all proof of your financial losses is crucial. While your Muncie slip and fall attorney can assist you with this, you’ll want to keep a record of your expenses.
How a Muncie Slip and Fall Attorney Can Help
In a slip and fall case, the injured party bears the burden of proof. You must prove that your injuries and financial hardships were caused by someone’s negligence or carelessness. While this may sound easy, insurance companies aren’t always willing to admit their clients’ negligence. If your case is even a little complicated, you’ll have difficulty navigating the law without an expert on your side.
Hiring an experienced Muncie slip and fall lawyer can:
- Help you to gather the evidence required to prove both negligence and proof of your injuries
- Explore your case to determine the best course of action
- Hire expert witnesses
- Negotiate with the insurance company to ensure that you receive the best possible outcome
It’s important to contact a lawyer sooner rather than later. Indiana law IC § 34-11-2-4 states that the statute of limitations for a personal injury lawsuit must be filed within two years of the date of the accident.
Contact Yosha Law After a Slip and Fall Accident in Muncie
After an unexpected injury, so much can happen in a short amount of time. Doctor’s appointments, medical procedures, and maybe even a loss of your ability to earn a living can take their toll not only on your bank account but also on your mental health.
Yosha Law is committed to evaluating your case and fighting for your right to fair compensation. Each client is treated with dignity and respect, and we care deeply about holding negligent parties accountable. We offer a free initial consultation to discuss your case, and you will only be charged for our services if you receive a settlement.
Contact Yosha Law to speak to one of our attorneys. Let us handle your case while you work on your recovery.
