Indiana Slip and Fall Accident Claim Guide for Victims

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
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.

Related Posts:

The Key Liability Questions in Slip and Fall Lawsuit
What Accident Victims Must Prove to Win a Slip and Fall Case
When Can a Slip and Fall Accident Lead to a Lawsuit?

The Key Liability Questions in Slip and Fall Lawsuit

Accidents happen, as we all have come to learn. But when they happen on someone else’s property due to negligence, the principle of legal liability must come into play. Slip and fall accidents are among the most common premise liability lawsuits in Indiana, and they typically result in several different types of damages suffered by the injured victim, including hospital bills, medical expenses, time missed at work, prolonged physical therapy, pain and suffering, and more.

If you were injured on another’s property, whether a commercial place or a home, you could be entitled to certain compensation if you were not at fault for the accident and the property owner or possessor of the property was. There are some key liability questions to ask in a slip and fall lawsuit that can help you determine the path of your case.

Indiana Slip and Fall Lawyers
Indiana Slip and Fall Lawyers 317-881-2700

Slip and Fall Liability Facts

When it comes to a slip and fall case, it is the claimant that has the burden of proving that the property owner or possessor was negligent, and that their negligence was one of the responsible causes of the accident and subsequent injuries they’ve suffered. In order for it to be proven that a property owner or possessor is legally responsible for a victim’s slip and fall accident, liability has to be established.

The two primary questions that must be answered to accomplish this are:

Which parties involved in the case are potentially liable? There can be several parties involved in one personal injury case, all of which could be potentially liable. Possible examples of liable parties in a slip and fall lawsuit include property owners, proprietors, managers, store owners, maintenance contractors, property managers, etc…

Were the parties indeed negligent or careless? After identifying which parties involved in a slip and fall case could be potentially liable, consider whether or not they actually acted, or failed to act, in a way that caused the accident. For instance, a store owner failing to clean up a broken pickle jar within a reasonable amount of time.  Property owners and/or possessors have a duty to exercise reasonable care for persons invited onto the property.  It is important to hire a personal injury attorney right away, as surveillance video evidence regarding the fall and when the last inspection of the area of the fall occurred are extremely important in a slip and fall case.

Proving Your Slip and Fall Case

As an injured victim who has suffered damages as a result of a slip and fall accident in Indiana, you need a skilled and experienced personal injury lawyer to fight for your right to full and fair compensation. They have the knowledge and resources to document an impactful case proving your damages, as well as your use of reasonable care regarding the accident. You see, property owners and their insurance carriers will try to argue that it was the victim’s fault they slipped and fell on their property.  Such arguments will need to be refuted by your attorney.

Your Trusted Indiana Slip and Fall Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced Indianapolis personal injury attorney who specializes in Indiana slip and fall claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped to recover the full and fair amount of compensation you deserve after being seriously injured at a store or on another’s property. Recover for damages and losses, including medical expenses, hospital bills, lost wages, and more. We represent injured victims all throughout the State of Indiana, so get started with a free consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
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How to Make a Slip and Fall Injury Claim in Indiana

The primary priorities to making any personal injury claim is to seek medical attention, gather and protect your evidence, hire an experienced personal injury attorney, and take the correct legal actions, all from the moments your accident occurs. When it comes to slip, trip, and fall claims, these priorities are no different.

Continue reading to learn how you should manage and navigate a slip and fall injury and accident claim in Indiana.

Indianapolis Slip and Fall Lawyers 317-881-2700
Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, Trip and Fall Accidents

The first few actions (or non-actions) made by a slip and fall victim can mean all the difference in terms of establishing fault and liability. It is important to take the right legal actions from the very moments a slip and fall accident takes place in order to protect your claim and ultimately win your settlement for compensation. Below, you will find some information and advice regarding what a slip and fall victim (or claimant representing a victim) should do to move forward with a personal injury claim.

► Immediately Report the Incident

The first step after slipping and falling on public or private property is to notify the owners or persons in charge. For commercial properties, such as retail stores or restaurants, ask for the highest ranking person on duty and report the accident.  Just be brief by simply stating where you fell, which obstruction caused the fall (torn carpet, uneven floorboard, wire or cord, puddle, ice, poor lighting, etc.), and where you are hurting. For public grounds, like parks and city streets, notify the town or city the same day, both by phone call and written notification. If the injury is too severe, notify the city or town as soon as your health permits. This is especially important for accidents that take place without any witnesses.

IMPORTANT: If your slip and fall injuries are severe and require emergency medical attention, make this step the first priority. Once stable, you can move forward with the remainder of the accident claim process. You can also appoint a spouse, relative, or friend to help you report the incident and gather evidence.

► Ask for Witness Information

The next step in moving forward with a personal injury claim, which may need to be carried out by a trusted friend or family member depending on the severity of your injury, is to get all the contact information from anyone that may have witnessed the accident. Be sure to record their full names, phone numbers, and email addresses. If they are willing to give additional contact information, take that as well. Keep in mind that witness testimony plays a major role in winning a personal injury settlement.

► Gather Evidence

Your next step is to take and gather photos and video recordings. Again, this might have to be done by a friend or family member depending on the severity of your injuries. Photos and video (if possible) should be taken as soon as possible after the accident. All footage should be taken at multiple 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 must be done BEFORE any changes to the environment occur or any evidence is lost (i.e. melting snow or ice, missing lightbulb, puddle, spilled food, etc.). The more evidence you have, the stronger your chances are for obtaining a full and fair settlement to cover your damages.  Ask whoever is in charge to retain any video surveillance of the fall and if you can do the request in writing, do so.  Normally, you should request the person to retain any video surveillance for the entire day of your fall.

► Seek Medical Care

A person should seek medical treatment the same day, or as soon as they are experiencing pain or complications from the accident. Sometimes injuries are not present right away, and tend to show up days or weeks following the accident. This is common for neck and back injuries. Insurance companies will argue that a person wasn’t seriously injured enough to receive compensation if they didn’t require immediate professional medical care. Medical treatment is evidence that a slip and fall victim is injured and the doctor’s diagnosis and victim’s medical records are evidence for a case.

► Hire a Slip and Fall Lawyer

Before talking to any insurance companies or adjusters, it is vital to hire a personal injury lawyer first. It is crucial to have an experienced slip and fall lawyer on your side during the entire personal injury claims process. 

Indiana Slip and Fall Lawyers You Can Trust

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Get started on your slip and fall claim by calling the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 in Indianapolis, Indiana. Although based out of Indy, our law firm represents victims throughout the state, as well as, out-of-state victims who are injured in Indiana. We offer free initial consultations to discuss your claim, and never require any upfront lawyer fees. Call 317-881-2700 to schedule your consultation, today.

Common Slip and Fall Injury Questions

Slip and Fall Lawyers 317-881-2700

Slip and Fall Lawyers 317-881-2700

When you or a loved one is injured in a slip, trip, or fall accident, it is natural to have questions regarding insurance, legal affairs, and more. When an accident like this happens as a result of another person or entity’s negligence, you may be owed compensation for your damages and losses. Always be sure to first seek immediate medical attention if you injury yourself after slipping and falling. Even if you feel like you are not injured, it is wise to have yourself check out by a medical professional to be sure.

Some injuries are dormant for days or weeks before showing signs, like concussions, neck injuries, fractures, and more. It is common to not feel injured immediately after an accident. Once you receive medical care, you are ready to call a slip and fall lawyer. Continue reading to learn some facts about slip and fall injuries and accidents, as well as, some common questions regarding such cases.

Do I Have a Slip and Fall Case?

To entirely understand your case top to bottom, you will need the professional assistance of a personal injury lawyer. They have the knowledge, experience, and resources to investigate your incident and determine if you have a valid case. Lawyers must consider all the unique and individual details of each client’s case in order to assess whether or not they are entitled to compensation for their losses. Such aspects include: extent of injuries and subsequent damages (losses), the at-fault party(s), the amount of evidence, and more.

What is the Time Limit for Filing a Slip and Fall Claim?

The time limit to file a lawsuit is called the Statute of Limitations. This time limit varies from state to state, and offense to offense. In Indiana, injury lawsuits have a statute of limitations of two years. This means you have two years from the date of your accident to file a claim against a negligent party. If you fail to do so in the allotted time, you lose your chance and can never file again.

How Much Does a Slip and Fall Lawyer Cost?

Reputable and established personal injury law firms generally work on a contingency basis. This means they do not collect any upfront legal fees or costs, and only collect payment if they win their client’s case. With this type of payment model, anyone can afford a slip and fall lawyer no matter what. Other law firms that do not operate this way may offer financing, payment plans, and more. Discuss payment arrangements with your personal injury lawyer before signing any documents.

Should I Pay My Medical Bills Myself?

Depending on the type of insurance policy you have, the insurance policy of the at-fault party, and the state you live in, this can vary. In some cases, victims have to pay their own medical bills and expenses, and then get reimbursed after the settlement. Other times, the opposing party’s insurance company pays these bills. If the claim is not successful, victims might be left to pay for their expenses themselves. It all depends on the circumstances of the case and the insurance companies. This is another reason why you need the services of a licensed accident attorney.

How Long Will It Take to Settle My Slip and Fall Claim?

The time it takes, from the moment you contact a law firm to the moment you cash the recompense check, greatly varies from case to case. Personal injury attorneys work hard to win a client’s case as quickly as possible to get them back to their normal lives. This is their whole purpose: to help victims get the full and fair compensation they deserve so they can concentrate on getting back to normal after a serious injury or accident.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall claim in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in accident law. Our law firm offers free initial consultations and NEVER collects lawyer fees unless we win your case! Call 317-881-2700 to schedule your consultation with one of our passionate slip and fall lawyers in Indianapolis, IN today.

Free Advice Regarding Slip and Fall Personal Injury Claims

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall claims are prevalent in the world of personal injury law. Accidents like this happen when a person slips, trips, or falls, and seriously injures themselves, as a result of a particular hazard on other person or company’s property. Several hazards can cause these kinds of accidents to occur on private or public property, such as puddles, spills, leaks, torn carpeting, poor lighting, and more.

If you or a loved one was recently injured in a slip and fall accident on another person’s property, it is vital to consult a reputable and experienced personal injury lawyer that concentrates on these types of accident cases. They retain the proper resources and knowledge, as well as, litigation and trial experience, to represent slip and fall victims in order to recover full and fair compensation for their damages.

Continue reading for more free advice regarding slip and fall injury accidents, claims, and lawsuits.

Slip and Fall Accident Claims

Anyone who is seriously injured from a slip and fall accident on a property other than their own could very well have a valid personal injury claim. Determining a claim’s validity and proving fault involves several variables and extensive investigation. A judge, jury, or insurance company must be convinced that the owner of the property was negligent in some way that caused the hazardous condition to exist, and that the victim used reasonable care and could not foresee the hazardous, thus preventing injury. Again, many variables goes into finding fault, proving fault, and more. This is why it is vital to hire a proficient personal injury law firm to facilitate a slip and fall case effectively.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Property owners have a responsibility to keep their premises safe for visitors and guests. They can be at-fault for a slip and fall accident if they knew about, or should’ve known about, a hazardous condition and neglected to address it. However, there are circumstances to slip and fall accidents in which the victim is at-fault and does not have a valid legal claim against another property or company. An example of this situation would be if a woman wearing high-heels on a snowy day walks into a grocery store displaying “wet floor” signs everywhere happens to slip and fall in a puddle of melted ice.

She would have a very weak case because she did not use reasonable care by wearing unfitting shoes in poor weather, as well as, ignoring wet floor signs that indicated a potentially hazardous condition. The grocery store did their part in this example by displaying wet floor signs to warn customers that the floor is slippery and to walk with caution. And there are certain elements in the law that protect property owners, under certain circumstances, from hazardous conditions caused by weather, or conditions they cannot reasonably prevent.

Filing a Slip and Fall Claim

If you or a loved one recently suffered serious injuries as a result of a slip and fall accident on another person’s property, you have the option of filing a slip and fall claim. During this filing process, evidence will be requested to prove that the owner of the property should have known, or did know, about the hazard that caused the accident to occur. To do this, hire a personal injury attorney that has experience in slip and fall lawsuits. They will provide comprehensive representation for all aspects of your slip and fall lawsuit. They can obtain compensation for damages related to your accident and injuries.

As for property owners, it is strongly encouraged to purchase insurance policies that protect you from paying out-of-pocket for slip and fall accident settlements. This is especially important for commercial properties, business owners, and offices. In addition to third-party insurance, simply implementing certain strategies and precautions can better protect visitors from harm, and safeguard property owners in the case of a slip and fall accident.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall accident claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, as well as their proficient legal teams, are extensively experienced in slip and fall injury cases. They are happy to assess your case and determine if you have a valid legal claim. They offer free initial consultations and never collect lawyer fees unless they recover the full and fair compensation you and your family deserves. Call 317-881-2700 to schedule your free initial consultation today, and learn your rights following a slip and fall accident in Indianapolis, IN.

How to Prove Fault in a Slip and Fall Accident

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Did you know that if you slip and suffer an injury as a result of the fall on another person’s property, they may be liable for your damages? This is made true under Premises Liability Law. This statute appoints property owners as the responsible party for injuries that take place on their premises.

In the case of a slip and fall accident, most often, home or property owners are held accountable if serious injury is endured. In other cases, a property owner might not be at fault even though a slip and fall injury occurred on their premises. It really all depends on the variables and circumstances surrounding the accident.

Slip and Fall Accidents

There are several different types of slip and fall accidents; which means there are countless varieties of slip and fall lawsuits, claims, circumstances, and scenarios. There is Homeowner Liability, Landlord Tenant Liability, Business Owner Liability, and more. The most common cases of slip, trip, and fall accidents that result in serious injury include:

• Ice and Snow
• Water
• Uneven Floors
• Poor Lighting
• Gaps or Holes
• Hidden Hazards
• Wet Floors
• Unstable Grounds
• Staircases
• Moving Walkways
• Loose Handrails
• And More

When it comes to proving fault in a slip and fall accident case, the most important objective is to determine if the property owner took necessary and responsible action to prevent such accidents from happening on their premises; or if the victim took necessary responsibility in acting carefully and avoiding expected obstructions. This means that we all have a personal responsibility to “watch where we’re going” and to act carefully. It also means property owners have the responsibility to properly maintain and keep up their premises.

Slip and Fall Case Examples

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

In the case that a person slips, but the property owner took necessary action to prevent such accidents from happening, the property owner would not be liable for that person’s injuries. As individuals, the law anticipates us to be able to see or expect danger and obstructions, and carefully avoid them to prevent harming ourselves and others. If someone fails to evince this personal responsibility, they may not be able to pursue a slip and fall lawsuit against a property owner whose premises they fell on. An example would be a woman wearing high-heels on a rainy day and slipping on a person’s driveway. The victim in this case would be liable for their own injuries because they “should have known” better than to wear high-heels on wet pavement, and should have expected slippery conditions as a result of the rain.

In the case that a property owner was negligent and failed to provide a safe premises for others, they can most certainly be held accountable for injuries sustained on their property. For example, if a property owner or employee causes a spill, rip, or imbalance that causes a person to slip and fall, they are liable for the victim’s injuries and damages. Also, if a property owner or employee was aware of a safety hazard but neglected to do anything about it, they are liable for a person’s slip and fall injuries. An example of this would be if a homeowner neglected to shovel snow and ice from their walkways in a reasonable amount of time, and a guest slips and falls, they are accountable for that person’s injuries and damages.

The law expects a “reasonable” person to fix or repair a safety hazard on their premises. Property owners are expected to post “Wet Floor” signs and other similar preventative actions to warn customers and guest of any dangerous surfaces in order to prevent slip and fall accidents. Victims if such scenarios can then file a slip and fall lawsuit with the help of an Indianapolis Personal Injury Law Firm. Victims can pursue compensation for medical expenses, hospital bills, lost wages, pain and suffering, mental trauma, disabilities, prolonged rehabilitation, and much more.

Slip and Fall Injury Settlements

In almost all slip and fall cases, the liability is ultimately decided by a judge, using simple common sense. This is because there is simply no precise way to determine liability in a slip and fall accident. Instead, courts and legal counsels assess the case and decide if the property owner or employees “should have known” about a dangerous surface or obstruction and removed it before an accident occurred. They will also investigate the opposing party’s position and decide if the slip and fall victim was indeed a victim, or if they “should have known” to expect and obstruction or avoid a dangerous surface. It is a very complicated process legally proving fault in a slip, trip, and fall lawsuit.

Here are some additional considerations used by the law to accurately determine liability in a slip and fall case:

• Was the Obstruction or Dangerous Surface in Existence Long Enough for the Owner to Know About It? (i.e. Rip in the carpet, Wet floor, Uneven Floorboards, etc.)

• Does the Proprietor or Home Owner Practice Regular Cleaning, Examination, Care, and Maintenance for their Properties? Do They Have Proof of this Schedule? (i.e. Most companies or businesses use a chart that employees sign and date for safety and cleaning inspections)

• Was the Obstruction that Caused the Accident Purposeful and in Place for a Reason?

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you or a loved one were a victim of a slip and fall accident in Indianapolis, Indiana. Personal injury attorney, Daniel Craven, and his esteemed colleagues and legal team, can recover the compensation you deserve for your slip and fall injuries. We offer free initial consultations to assess your case and determine if you are eligible for remuneration. If we believe you have a legitimate case, we will work fervently to obtain the full and fair compensation you are entitled to for your pain and suffering; and we NEVER collect attorney fees unless we prevail for you! Call 317-881-2700 today and learn more about Indianapolis slip and fall accident claims in Indiana.