How to Get the Most Out of Your Slip and Fall Injury Claim

Posted on February 1, 2023 by admin

Slip and fall accidents can result in serious damage, both physical and financial. If you’ve been injured as a result of someone else’s negligence, you may be able to receive compensation through a slip and fall injury claim. But how do you get the most out of your claim? It all starts with knowing what steps to take after an accident happens. In this blog post, we will discuss the process of filing a slip and fall lawsuit, how to find a qualified slip and fall lawyer, common mistakes people make during their claims process, tips for negotiating with insurance companies, and more.

Read on to learn more about getting the most out of your slip and fall injury claim!

Call 317-881-2700 to Speak With a Slip and Fall Attorney in Indianapolis.

The 101 on Slip Trip and Fall Accident Claims

Documentation

The first step in filing a slip and fall claim is to document everything you can remember about the accident. Take pictures of the scene and what caused you to fall, make sure an incident report is filled out by the business or property owner, if you have a receipt proving you were on the property at a specific time and place hold onto the receipt, ask the business or property owner to retain all video evidence from the day of your fall, collect witness names, addresses, phone numbers and statements if possible, and make sure to keep track of all medical bills associated with your injury.

Once you have gathered all of this information, it’s time to find a qualified personal injury slip and fall lawyer to represent you. If you don’t have all the information it is okay. Your attorney will help to obtain the information. Your personal injury attorney should be experienced in handling slip, trip, and fall cases, and they should be willing to negotiate with the insurance company on your behalf or take the case to trial if a full and fair settlement cannot be reached.

Negotiations

When negotiating with the insurance company, it’s important to remember that they will likely try to minimize their payout as much as possible. This is why having a qualified slip and fall injury attorney is so important—they can help you understand the legal process and represent your interests throughout the negotiations. Your lawyer will also provide evidence supporting your claims so that you can have a strong case for receiving compensation.

Security

The first thing you should do is consult with an experienced Indiana slip and fall lawyer for your slip, trip, and fall injury claim as soon as you can. Evidence can be lost or not preserved if you do not move quickly. Secondly, it is important to have your own attorney representing your interests as the defendant’s insurance carrier will have an attorney representing their insured’s interests.

Conclusion

By following these tips, you can ensure that your slip and fall claim is handled properly and that you get the most out of it. Calling and speaking with an experienced slip and fall attorney is always a good idea.

Are you prepared to uncover more about your right to acquire reimbursement for the recent slipping, tripping, or falling accident that occurred in Indiana? For a free, no-obligation consultation with an Indianapolis slip and fall lawyer, call the Law Office of Craven, Hoover and Blazek, P.C today at 317-881-2700. Our knowledgeable legal team is ready to take on your case!

The 5 Most Common Personal Injury Cases in the United States

Posted on January 24, 2023 by admin

When you think of personal injury cases, the first thing that comes to mind is likely car accidents. And while car accidents are certainly a common type of personal injury case, they’re far from the only one. In fact, there are a number of different types of personal injury cases, each with their own unique set of circumstances and causes, as well as applicable laws.

Here we’ll take a look at five of the most common personal injury cases in the United States.

Call 317-881-2700 to Speak With a Car Accident Lawyer in Indianapolis.

Top 5 Accident Cases in the U.S.

There are many types of personal injury cases, but some are more common than others. The five personal injury cases that occur most frequently in the United States are car accidents, slip and fall accidents, dog bites, medical malpractice, and wrongful death.

Car Accidents

When it comes to personal injury cases, car accidents are one of the most common. In the United States, there are around 6 million car accidents each year, and out of those, around 3 million result in injuries. There are a number of things that can cause a car accident, from driver negligence to hazardous road conditions. Some of the most common injuries that occur in car accidents include head injuries, neck injuries, back injuries, and spinal cord injuries.

If you have been injured in a car accident, it is important to seek medical attention right away. Once you have been treated for your injuries, you want to talk to an Indiana personal injury lawyer about your case. A qualified car accident attorney in Indianapolis can help you file a claim or lawsuit against the person or company responsible for your accident and can help you get the compensation you deserve.

Slip, Trip, and Fall Accidents

Slip, trip, and fall accidents are the most common personal injury cases in the United States. These accidents can occur anywhere, from a grocery store to a neighbor’s home. If you have been injured in a slip, trip, or fall accident, it is important to seek medical attention as soon as possible. You may also be eligible for compensation for your personal injury, so contact an experienced Indianapolis slip and fall attorney who can help you with your case. With their help, you may be able to receive the compensation that you deserve for your personal injury.

Dog Bites

Dog bite accident cases are also one of the most common personal injury cases in the United States. In Indiana, dog bite law is governed by the state’s negligence laws. A dog owner can be liable for injuries their dog causes if they were not exercising reasonable care to prevent the injury and/or if their dog had bitten someone else before, among other reasons. This includes keeping the dog restrained or leashed when in public, and properly securing the dog’s enclosure. If you have been injured in a dog bite accident, it is important to speak with a seasoned Indianapolis dog bite lawyer as soon as possible. Your lawyer will be able to help you file a claim and negotiate with the defendant’s insurance company.

Medical Malpractice

Medical malpractice is one of the most common personal injury cases in the United States. It can happen when a doctor, nurse, or other medical professional provides substandard care that results in harm to the patient. Patients who have been injured as a result of medical malpractice may be able to file a lawsuit to recover damages. Some of the most common types of medical malpractice cases include:

1. Failure to Diagnose or Misdiagnosis
2. Improper Treatment or Surgery
3. Prescription Errors
4. Birth Injuries
5. Wrongful Death

Medical malpractice cases can be complex and require a knowledgeable medical malpractice lawyer in Indianapolis to help prove negligence on the part of the healthcare provider. An experienced attorney will be able to assess your case, build a strong legal strategy, and work to obtain the maximum compensation you are entitled to.

Wrongful Death

Wrongful death is a type of personal injury case that arises when a person dies as a result of the negligence or wrongdoing of another person or company. Wrongful death cases can be extremely complex, and it is important to have an experienced attorney representing you. If you have lost a loved one due to someone else’s negligence, contact a licensed Indianapolis wrongful death lawyer as soon as possible to discuss your legal options. They can help you understand the process and provide you with options for recovering compensation for your loss. Wrongful death cases can sometimes be difficult to prove, so it is important that all the facts are thoroughly investigated and documented. An experienced personal injury attorney will be able to review the evidence, document a strong case, and pursue justice on behalf of your family.

Conclusion

No matter the situation, personal injury cases should not be taken lightly and it’s important to seek the help of an experienced attorney if you have been wrongfully injured in a personal accident case. An attorney can provide you with guidance and work hard to ensure that your rights are protected throughout the entire process.

Are you looking for a trusted civil lawyer in Indiana who can give you the best advice regarding your accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a highly experienced accident lawyer in Indianapolis, Indiana. We represent clients throughout the state, as well as Indiana residents injured in other states and residents of other states injured here in Indiana.

Can I Sue a Business if Injured After Slipping on Snow and Ice?

Posted on November 22, 2022 by admin

Slip and fall accidents are unfortunately all too common during the winter months. If you slip and fall on snow or ice at a retail store in Indiana, you may be wondering if you have any legal recourse. The good news is that under Indiana law, retail stores do have a duty to keep their premises safe for customers. This means that if you slip and fall on snow or ice at a retail store in Indiana, you may have grounds to sue the store for premises liability.

Continue below to learn how slip, trip, and fall accident lawsuits work when caused by snow and ice, plus which Indiana law firm to trust for seasoned premises liability representation.

Call 317-881-2700 to Speak With a Certified Indiana Premises Liability Attorney

Premises Liability Law in Indiana

Slip and fall accidents can occur any time of year – including in the winter when surfaces are wet, icy, and slushy. Premises liability law is the legal doctrine that holds property owners and occupiers responsible for accidents and injuries that occur on their property. This includes slip and fall accidents, which can be caused by a number of different hazards, such as ice, snow, or slippery surfaces.

Types of Premises Liability Cases

There are three main categories of premises liability cases: trip and falls, slip and falls, and stairway falls. Trip and fall cases are the most common, followed by slip and falls. Stairway falls make up the smallest percentage of premises liability cases. Most premises liability cases involve negligent property owners or occupiers. This means that the property owner or occupier did not take reasonable care to find and fix the hazard that caused the accident. In some cases, the property owner or occupier may have known about the hazard but did nothing to fix it. Moreover, a property owner can be held liable if they failed to conduct reasonable inspections as well.

Filing a Premises Liability Claim After a Slip and Fall Accident

If you have been injured in a slip and fall accident, you may be able to file a premises liability claim against the property owner or occupier. To do this, you will need to prove that the property owner or occupier was negligent in some way. You will also need to show that your accident was caused by the property owner or occupier’s negligence. If you are successful in your claim, you may be able to recover damages for your medical expenses, lost wages, and pain and suffering. You may also be able to recover punitive damages, which are designed to punish the property owner or occupier for their negligence. Once you obtain a verdict or settlement against the property owner or occupier, you can collect that money from their insurance carrier.

How to Protect Yourself as a Slip and Fall Victim

If you slip and fall at a retail store in Indiana, be sure to take pictures of the scene, ask the property owner or occupier to keep video of the fall and the 3 hours before the fall and 3 hours after the fall and get the contact information of any witnesses. Then, consult with an experienced Indianapolis personal injury attorney to discuss your legal options. With the right legal help, you may be able to recover damages for your injuries and hold the store accountable for its negligence under Premises Liability Law.

If you have been injured in a slip and fall accident, contact an experienced personal injury attorney today to discuss your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced premises liability lawyer in Indianapolis, Indiana. We represent clients all throughout the state and Indiana and residents of other states injured in Indiana.

Frequently Asked Questions About Swimming Pool Accident Claims

Posted on July 15, 2022 by admin

According to recent US Census Bureau and CDC statistics, the United States has an average of 10.4 million residential swimming pools. These stats also report that 17.12% of Americans between 18 and 29 years old owns a pool or hot tub. When you apply the math to the purported 128.58 million households in the country, a little more than 8% have a swimming pool. Furthermore, the U.S. Bureau of Labor Statistics and the CDC report that swimming is the 5^th most popular pastime here in the states, but number one among 36 percent of children between the ages of 7 and 17 years old.

These numbers set the tone for the importance of public and residential swimming pool safety. If you are considering a swimming pool addition to your property or have recently fallen victim to a negligent pool accident, it is wise to educate yourself on some helpful facts concerning pool liability.

Continue reading to review some frequently asked questions about swimming pool accident liability and related injury or wrongful death claims.

Pool Accident Lawyers Indianapolis Indiana 317-881-2700

Summertime Swimming Pool Liability

Indiana summers get hot and humid. This time of year, our public and private pools provide us with a refreshing reprieve from the strong, seasonal sun. But with this privilege comes a great deal of responsibility. Even hot tubs and spas can pose certain risks if the proper precautions are not taken. Drownings, concussions, orthopedic injuries, and chemical exposure are all common swimming pool accidents and injuries.

But when someone is injured or killed in a swimming pool accident, who is liable? The municipality? The residential property owners? The property management company? The landlord? With so many possible responsible parties, the answer to this common question can be confusing.

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

Sadly, swimming pool accidents are common in the United States. Because there are so many pools and pool accidents, there are dedicated injury laws specifically regarding pools. To make matters more complicated, these laws are different for public pools and private pools, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, for instance, pools must be at least 10 feet away from any other building or house and must remain in the side or back yard of a private residence.

Before diving into assigning fault in a swimming pool accident, you must determine which set of laws apply to your case. Talk to a licensed personal injury lawyer in Indiana to learn everything you need to know about obtaining legal justice after a swimming pool accident or injury.

The general rule of thumb, although it varies from case to case, is that the owner of the pool is responsible for compensating a victim for their injuries, but only if the owner was negligent and their negligence was a direct cause of the accident and subsequent injuries. Thus, it is vitally important for pool owners to carry home owner’s liability insurance so if they did happen to be negligent, their insurance carrier will pay for any settlement or judgment against them. Again, these cases can be complex, which is why you should always consult with an experienced Indiana accident attorney for personalized advice and guidance.

Are Swimming Pools Considered an Attractive Nuisance?

If something is so enticing to a child that it motivates them to enter onto another person’s property, it can be considered an attractive nuisance. Swimming pools and hot tubs are perfect examples. Under modern law, property owners have legal responsibility (or duty of care) to keep a safe premises in the case of trespassing children or minors. This is called the attractive nuisance ordinance and is an exception to premise liability law.

If you have heard about attractive nuisance laws regarding swimming pools, then you may wonder what they really entail. Basically, if your pool is visible to the public and has features that attract trespassers, it could be a liability. This includes easy-access, public view, water slides, and more. To protect your pool from becoming an attractive nuisance, start by installing a fence and consider a pool cover.

Can Liability Waivers Be Enforced After a Hotel or Public Pool Accident?

Fault plays the largest role in determining who is liable for a pool accident at a hotel or public civic center. The only way to know the answer to this question is to contact an experienced Indianapolis IN personal injury attorney and schedule a free consultation to discuss your case. They will investigate the details of the waiver, as well as the accident, and determine what can be done and what can’t be done.

Were you or a loved one wrongfully injured in a swimming pool accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Legal Facts About Shopping-Related Personal Injury Claims

Posted on May 17, 2022 by admin

When you plan an afternoon out to run errands or go shopping, you don’t usually portend any sort of danger. However, among all the personal injury claims made in the United States, shopping-related injuries are one of the most common. Accidents like slip and falls or orthopedic injuries are common shopping injuries that occur at a store due to store owner negligence. If you were recently injured on a shopping trip, it is important for you to understand the law so that you may best protect your rights to being compensated for your damages.

Continue reading to learn what you need to know about shopping- how to get started on learning your eligibility for pursuing legal action against a negligent property or store owner.

Store Accident Injury Lawyers Indianapolis IN 317-881-2700

Shopping Injuries and Accident Claims

Going over budget is not the only risk shoppers take when they visit a store. Shopping accidents are a common occurrence, and they happen under all sorts of different circumstances. In the case that a store owner was negligent by not taking the proper actions to maintain a safe premises or warn consumers of any potential hazards, an injured shopper could make an accident claim against them. Shoppers are not the only ones granted this civil right; workers, staff, and guests are also protected against such negligence.

Types of Shopping-Related Injuries

Shopping-related injuries describes a broad range of personal injuries that take place in a retail establishment, such as a mall or department store. These types of accidents increase in frequency during high shopping seasons, like Black Friday, Christmas, Labor Day sales events, and Memorial Day weekend sales.

One of the most common types of shopping-related personal injury accidents is slipping. Slip and fall accidents can cause serious muscular and orthopedic injuries, both of which can have long-lasting consequences. Neck, shoulder, hip, knee, and back injuries are common traumas suffered in a slip and fall accident, while more serious injuries include spinal injuries, head injuries, and broken bones. In the most serious of cases, shopping injuries can lead to wrongful deaths.

Slip, trip, and fall accidents are not the only type of shopping related accidents seen across the country. Additional types of shopping related injuries include crushing or blunt force trauma caused by a heavy falling/tipping object, or even trampling accidents caused by overcrowding. Shoppers are often injured in parking lot accidents as well due to poor lot design, poor lighting conditions, negligent maintenance, and failure to remove snow and ice.

Liability for Shopping Injuries to Consumers

So, when is a store owner responsible for a shopping accident that causes injury? The basis of all personal injury claims is proving negligence. Under premises liability law, a store owner has a legal duty of care to ensure that their premises is reasonably safe and free of any relatively foreseeable hazards. If a store owner fails to uphold this duty by not taking the proper actions to keep their premises safe or neglects to warn shoppers of a possible on-site hazard, they can be held accountable for the victim’s damages and losses.

To be successful in a personal injury claim, an injured shopper and their legal team would need to prove that:

▷ The store owner was (or should have been) aware of the hazardous condition.

▷ The store owner failed to provide routine inspections and maintenance on the premises.

▷ The shopper would not have been injured had the premises been free of hazardous conditions.

▷ The injuries suffered by the shopper were caused by the dangerous condition.

▷ The shopper suffered damages because of the accident.

Also, you should note that an entity leasing the property, as well as companies hired to manage and maintain the property can also be potential defendants in a slip and fall case.

Your Next Step as a Shopping Accident Victim in Indiana

It is important to retain professional legal counsel right after an accident has taken place. You could be entitled to compensation for your medical expenses, hospital bills, pain and suffering, lost paychecks from time off work, and much more. Be sure to choose a skilled personal injury law firm in Indiana for trusted legal advice regarding your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your shopping accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with an experienced premises liability personal injury attorney in Indianapolis, Indiana. We represent clients throughout the state and can hold meetings via phone, internet, or in person.

Indiana Slip and Fall Accident Claim Guide for Victims

Posted on April 20, 2022 by admin

Slip and fall accidents can come with some serious and prolonged or permanent bodily injuries. Those harmed in such accidents due to another’s careless should not be held responsible for their economic losses, like hospital bills and medical expenses. They are also entitled, by law, to recover for their pain and suffering caused by the negligence of another. If you have just suffered serious injuries because of a slip, trip, or fall accident that was not your fault, it is important to talk to an Indiana personal injury lawyer right away. In the meantime, be sure to follow the recommended Indiana slip and fall accident claim guide for victims like yourself.

Continue reading to learn how to protect your legal rights after a slip and fall accident in Indiana, including which law firm to trust for skilled and compassionate representation.

Slip Fall Attorney Indianapolis Indiana 317-881-2700

WHAT TO DO AFTER A SLIP AND FALL ACCIDENT IN INDIANA

Report the Incident to the Property Authority

The first step to take after being injured in a slip, trip, and fall accident is to notify the owners or persons in charge. For commercial properties like retail stores, gyms, or restaurants, ask for the staff member who holds the most authority or highest ranking. Be sure to tell them you want a written report of the incident made and ask for a copy.

Report the accident. Be brief by simply stating where you fell, which obstruction caused the fall (torn carpet, poor lighting, uneven floorboard, wire or cordage, puddle of water, spilled drink etc.), and where you feel hurt.

For public grounds like parks, notify the town or city the same day, both via phone call and written notification. If the injury is too severe, notify the city or town as soon as your health allows. This is especially important for accidents that take place without any witnesses, which brings us to our next step.

Ask for Witness Information

The next step, depending on the severity of your injury, is to collect contact information from anyone who may have witnessed the accident and/or witnessed what caused you to fall. If you cannot do so, hopefully a good Samaritan, police officer, friend, family member, etc… will be able to assist you with that. Do not trust that the needed witness information is being obtained by the persons writing the report for the owner of the property.

Be sure to record their full names, phone numbers, and email addresses. If they are willing to give additional contact information, like a copy of their drivers’ license, date of birth or place of employment, take those as well. Keep in mind that witness testimony can play a huge part in obtaining a full and fair personal injury settlement or verdict.

Gather Evidence

Immediately take photos and video recordings of the scene of the accident, what caused you to fall and your injuries. Sometimes, injuries appear days, weeks and even months after a fall and doctors call this delayed onset. Do not assume that you are not hurt if you do not feel any pain immediately after slipping and falling. Gathering digital evidence may have to be obtained by a friend or family member depending on the severity of your injuries. If photos and videos cannot be taken at the moment of the accident, have them taken as soon as possible after your fall.

These pictures should be taken at a few different angles, and should capture the hazardous environment or obstruction, the condition of the victim, the victim’s injury, and the condition of the injury in the days following the accident. All these photos and videos have to be done BEFORE any changes are made and evidence is lost (i.e. melting snow or ice, garbage spills, flooding, etc.) if at all possible. The more evidence you have to offer, the higher your chances of recovering fair compensation. Sometimes, a property owner will fix a dangerous condition, but only after someone gets hurt, so it is important to obtain that evidence as soon as humanly possible.

Seek Medical Care

A person should seek medical treatment the same day, or as soon as they are experiencing pain or symptoms from the accident. As mentioned earlier, injuries do not always present themselves right away, especially with slip and fall accidents. Injuries can show up days, weeks and even months following an accident. This is very common among neck, spinal, back, knee, elbow and shoulder injuries.

Insurance companies for the property owners will argue that a claimant wasn’t seriously injured enough to receive compensation if they didn’t require and seek professional medical care. Medical treatment not only validates that a slip and fall victim is injured, the doctor’s diagnosis and victim’s medical records are evidence for a case. Hopefully, with the appropriate care and treatment, you can get your life back to where it was before your fall as soon as possible, which is what any injured persons wants.

Hire a Skilled Indiana Personal Injury Law Firm Immediately

Before talking to any insurance companies, it is critical to hire a seasoned personal injury lawyer in Indiana. The process of speaking with insurance adjusters is delicate and complex. One seemingly harmless or innocent statement can be manipulated and used in an attempt to place fault on a victim in an attempt to evade or eliminate liability. It is vital to the outcome of your case to have a licensed slip and fall lawyer on your side, walking you through the process from start to finish.

Looking for a personal injury law firm that is fully qualified and equipped to meet your legal needs after a slip and fall accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall attorney in Indianapolis, Indiana. Although our office is located in Indianapolis, we represent injured persons throughout the state of Indiana, as well as Hoosiers injured in other states.

When Can a Slip and Fall Accident Lead to a Lawsuit?

Posted on February 18, 2022 by admin

Whether you fell at your apartment complex due to landlord negligence or at a local retail store because of a slippery surface hazard that was not properly maintained by the store owner or tenant, a slip and fall accident can be quite serious and lead to severe, long-lasting injuries. In such cases, an accident lawsuit may ensue.

Continue below to learn some basic facts about slip and fall accident cases, including when a lawsuit might be necessary.

Slip Fall Lawyers Indianapolis Indiana 317-881-2700

Personal Injury Slip and Fall Accident Claims

A slip and fall accident in Indiana can turn into a personal injury case if in the situation, a hazard of some sort was on the property and was neglected by the property owner or tenant. As a result, this hazard caused harm to another person by causing them to slip and fall. A slip and fall situation can result in serious injuries, and sometimes, not right away. After a slip and fall accident, many people get right back up and go on with their day, only to notice days or weeks and sometimes even months later that they are having severe back pains or other injury related issues.

Slip and fall accidents are categorized under Tort Law, meaning the injury was caused by someone else’s negligence, or someone else can be held accountable for your injuries. If a property owner knows or should know through routine inspections about a potential danger lurking on their premises, or a hazard of some sort, they are obligated by law to take responsibility for the danger immediately. If the hazard is never tended to or never discovered due to a lack of inspections, and it subsequently causes another person harm or loss, then the owner can face legal damages which the owner’s insurance carrier would be responsible for paying.

Common Slip, Trip, and Fall Injuries

Slipping and falling can cause a number of injuries to a person, ranging from minor to major. Some minor personal injuries include sprained ankles, broken toes, lesions and bruising, scrapes, burns, and scratches. Some major injuries are broken backs, hips, or necks, shattered pelvis, knocked unconscious and brain injuries, and worse.

Hire a Personal Injury Lawyer After a Slip and Fall Accident

If you have been involved in a slip and fall accident, it is recommended you hire an Indiana personal injury attorney to represent your rights. A victim can recover damages for lost wages, medical bills, legal fees, pain and suffering, and more. The law is tricky and hard to understand unless you are trained in the industry. An experienced personal injury law firm in Indianapolis can help with most types of slip and fall cases. To further understand your rights as a victim of a wrongful accident or injury, you want to consult with a knowledgeable accident attorney that can speak to you in a language you can understand.

Don’t let a serious accident stop you from collecting what you are legally entitled to. Get compensation for pain, suffering, lost wages, and more with the help of a licensed accident lawyer. With many stores and other locations having surveillance cameras set up everywhere, it is vital to obtain legal representation immediately after a fall as negligent parties can and will destroy the video evidence of not only the fall itself but video of when the product got on the floor and when and by whom the last inspection was supposedly performed, even though they know a person fell and was injured on their property.

Not sure how to get started with a personal injury slip and fall accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned slip and fall accident attorney in Indianapolis, Indiana. We can meet with you over the phone or computer, or in-person at our Indianapolis law office. We represent injured persons throughout the state of Indiana.

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

What Accident Victims Must Prove to Win a Slip and Fall Case

Posted on February 1, 2022 by admin

In many cases, a personal injury slip and fall accident occurs as a result of property owner, property occupant and/or property manager’s negligence. From spills and puddles to lax grounds maintenance, building code violations, deteriorating pavement, and more, slip and fall accidents can be a permanent condition or something temporary. Either way, if you are injured in a slip, trip, or fall accident, it is important to educate yourself on your rights as a victim of a personal injury. This applies to both visitors and staff of commercial businesses, as well as guests, tenants and occupants in residential settings.

Continue reading to learn what a slip and fall accident victim must prove in a personal injury lawsuit in order to win their case.

Slip and Fall Lawyers Indianapolis Indiana 317-881-2700

A Property Owner’s Duty of Care

Property owners have a legal liability referred to as duty of care, which requires them to maintain a safe and secure premises, free of any foreseeable hazards or dangers. The law will hold property owners responsible for a victim’s damages if said victim is seriously injured or suffers permanent consequences after slipping and falling on their premises as a result of violating this duty of care.

However, in order for an accident victim to win their slip and fall lawsuit, they must prove certain facts of their claim. This claimant obligation is known as burden of proof, and it is a central element in every personal injury case.

Burden of Proof in a Slip and Fall Accident

A slip and fall accident victim and their legal team of personal injury attorneys are responsible for proving their case. They must factually demonstrate that the negligent party’s carelessness caused unsafe conditions that led to the victim’s accident, and that the accident caused serious injuries that required hospitalization or medical treatment.

As a wrongfully injured victim of a slip and fall accident, it is important to ask yourself:

What caused me to slip and/or fall?

Should someone have known about the thing that caused my fall?

Was the cause of my accident foreseeable and preventable if proper precautions and inspections were performed?

These three questions will help you gain a basic understanding of your chance of success in pursing a slip and fall claim against a property owner or other negligent party.

If you are injured in a Slip and Fall:

If you are hurt in a commercial or business setting, even at work or school, or injured anywhere else, it is important to take pictures and video of the area of your accident, what caused your fall and retrieve all witness contact information. These two initiatives can help you prove your slip and fall case faster to the insurance carrier for the defendant.

You should always make a written report if possible as well. Following medical treatment, contact an Indianapolis personal injury lawyer as soon as possible before evidence is lost to support your claim or time runs out on the statute of limitations for your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your slip and fall case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with a licensed and experienced slip and fall injury lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana and can hold meetings over the phone, internet, or in person at our Indy-based office.

Can I Make an Injury Claim With My Gym’s Insurance Company for a Slip and Fall Accident?

Posted on December 7, 2021 by admin

Gym and fitness center memberships are a luxury expense; therefore, it is understandable that members expect a certain standard of professionalism and client support. That includes their own safety. After all, people go to the gym to improve their health, not harm it. So, when a wrongful accident happens, clients can feel betrayed.

One of the most common types of gym accidents are slip, trip, and fall accidents. From defect equipment and negligent staffing to inadequate facility maintenance, structural integrity negligence, poor security, and more, there are all kinds of ways a fitness business can expose clients to hazardous slip and fall conditions as a result of negligence.

If you were recently injured at the gym after falling because the gym was negligent, it is important to learn your rights to obtaining compensation to cover your related damages and losses. Continue below to learn how to bring about a slip and fall accident claim against a negligent gym or fitness center in Indiana.

Gym Accident Injury Lawyer Indiana 317-881-2700

Gym Liability Basics

Is your gym liable if you fall and seriously hurt yourself on their premises? The answer depends on the specific factors of the accident. Waivers or membership agreements can sometimes play a central role in fitness studio and gym liability. But does signing a gym waiver also sign away your rights to compensation following a gym accident? Again, the answer will vary depending on the details of the event.

Most gym liability waivers do have language in them that attempts to void their liability in the case that a member is hurt on their premises. But just because these waivers state that members cannot sue the gym following an accident, such waivers are not always enforceable in a court of law.

Common Types of Gym Waivers:

▷ Total Liability Waiver – Total waiver of liability agreements are written to relieve a gym of all legal responsibility in the case of a member accident. Many courts tend to find these extensive waivers overly broad, and therefore, unenforceable in a lawsuit.

▷ Waiver For Negligence – These waivers are designed to free a gym of liability in the case that a member is injured on their premises due to gym or staff negligence. Although these are generally enforced in a court of law, there are many exceptions in which they are not.

▷ Intentional Acts Waiver – Also called a waiver for intentional acts, this type of liability agreement is meant to rid a gym of any legal liability in the case that a member is injured due to intentional acts of negligence, reckless, or egregious misconduct. Very often, these waivers are not enforced in a personal injury lawsuit.

Premises Liability Law in Indiana

In all states, property owners, including all businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, and this includes fitness studios and gyms. Gym and fitness centers are expected to use a high level of caution to make sure their property is safe for all.

Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas. If a gym neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim and their insurance company would have to pay any verdict or settlement.

It is critical that you speak with a seasoned Indiana personal injury lawyer about pursing a premises liability lawsuit against a negligent gym after being injured on their property in a slip or fall accident. Time is of the essence, so act fast before any evidence is lost to support your case.

Are you a recent gym accident victim looking for seasoned legal representation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall accident attorney in Indianapolis, Indiana. We represent injured persons throughout the state.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Facts About Premise Liability Policy For Small Business Owners

Posted on July 23, 2021 by admin

Slip and fall injuries can and do happen on the premises owned or controlled by business owners, small and big alike. All businesses should have general liability insurance and premise liability insurance for a commercial property and their business in general. Small and big employers and their employees are sometimes “negligent”, which basically means failing to use due care. If a business is negligent, they can and should be held liable for resulting injuries and damages to their patrons. If a business is found to be negligent by a judge or jury, their insurance carrier will pay for any verdict against the company.

Continue reading to learn about premise liability policy protection and who to call for pertinent advice and information about this topic and more.

Indianapolis IN Slip and Fall Lawyer 317-881-2700

General Liability Insurance for Small Businesses

Not only is it important to retain this kind of insurance, it is also important to obtain the right amount of coverage. Having enough coverage is necessary for proper protection for the business and to provide for full compensation for a patron injured as a result of negligence. An experienced insurance agent can provide accurate assessments for a business’s particular policy coverage needs although in general, the more coverage you have the better.

For such insurance policies, a business pays a monthly or quarterly premium for their insurance coverage. This premium promises an insurance defense attorney to fight their case, as well as a money reserve to cover any court-ordered retributions or remunerations awarded against them by a verdict or for funds to use to obtain a settlement. This is another reason supporting the importance of having enough liability coverage.

Premise Care and Maintenance

Businesses have a legal obligation to provide a safe premise for anyone invited or welcomed onto their property. It is important to properly inspect, maintain and care for their property, inside and out, so people are not injured. This means proper inspections, floor cleaning, repair, and maintenance, as well as routine snow shoveling and salting, pathway clearing, concrete repair, and much more. It would also includes reviewing and ensuring that the property meets all safety rules, codes and ordinances.

It is also their duty and legal obligation to supervise employees and staff within their business as businesses can only act through their owners, officers, agents and employees. If any of these persons were negligent and contributed to causing a person’s injuries, the business itself is held responsible under Indiana law. Thus, it is important to make sure all employees are fully aware of the importance of premises safety for any business.

Hire an Indianapolis Personal Injury Lawyer if You are Hurt in a Slip and Fall Accident

If you were recently injured in a slip and fall accident, contact a licensed Indianapolis slip and fall lawyer for professional legal advice and information. You may be entitled to legal compensation for your damages and losses.

Were you seriously injured in a slip and fall accident in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 317-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured victims throughout the state of Indiana.

You Should Also Read:

Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents
What Causes the Most Slip and Fall Accidents?
What Physical Evidence Should I Keep for a Slip and Fall Claim?