10 Things to Know Before Filing a Slip and Fall Accident Claim

If you’ve been injured in a slip, trip, or fall accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, or other damages. You should hire a slip and fall attorney to represent you as soon as you can and there are some important things that you should know. Continue reading to review 10 essential tips to help make sure your case is successful.

Call 317-881-2700 to Speak With a Slip Fall Lawyer in Indianapolis IN
Call 317-881-2700 to Speak With a Slip Fall Lawyer in Indianapolis IN

Thinking About Filing a Slip and Fall Accident Claim?

Read Through These Tips First:

1. Document the Accident – Take pictures and video (if possible) of the hazard that caused your fall, as well as any injuries you sustained and any medical treatments you’ve received. This information may be needed to prove that you were indeed injured in a slip and fall accident.

2. Get Medical Treatment Immediately – It is important to seek medical treatment right away after an injury so that it can be documented in your medical records. Once your claim is filed, these records will be used to help determine the amount of compensation you deserve for your injuries and the defendant’s insurance company will want to review those records.

3. Request Property Owner Preserve Evidence – Make sure to request as soon as you can, in writing if possible and at the time of your fall if possible, that the property owner document the date, time and place of your fall and the names and addresses of any witnesses.  Also request that they retain any and all video surveillance of the area of your fall showing what made you fall and how the danger that made you fall got there and how long it had been there prior to your fall.

4. Notify the Property Owner – If your slip and fall accident occurred on someone else’s property, it is important to notify the owner or manager of that property as soon as possible so they can make a record of the incident and possibly attempt to fix the hazard that caused your injury so nobody else gets hurt.

5. Preserve Evidence – Don’t discard any clothing or items involved in the accident because they may contain evidence that could help prove liability in court. Also, document anything unusual about the conditions of the area where you were injured such as spills or broken stairs.

6. Speak With Witnesses – Witnesses at an accident scene are invaluable when it comes to proving fault in court. Make sure to get their contact information in case you need to speak with them later on.

7. Contact a Slip and Fall Attorney – It is always best to consult an experienced Indianapolis slip and fall lawyer before filing a claim or taking any legal action against the property owner and their insurance carrier. A slip and fall personal injury attorney will be able to review your case and advise you of your legal rights and options for seeking compensation.

8. Understand the Statute of Limitations – Each state has its own statute of limitations governing how long after an injury you have to file a claim. Make sure that you are aware of this time period because if you miss it, your right to seek compensation could be lost forever. In Indiana, you have 2 years from the date of the accident to file a slip and fall claim in most cases, excluding those involving governmental entities.

9. Gather Financial Documents – Make sure to have all medical records, medical bills and other financial documents related to your accident claim on hand before filing a claim with an insurance company or going to court. This will help you prove the amount of compensation that you are entitled to.

10. Negotiate a Settlement – If the property owner’s insurance company offers you a settlement, make sure to get legal advice from your slip and fall attorney before accepting it as it may not be sufficient enough to cover all of your damages. Your attorney can help negotiate a more favorable settlement if necessary and can advise you on what the ramifications of a settlement would be.

Conclusion

These 10 tips should give you an idea of what is involved in filing a slip and fall accident claim. Remember that it is important to act quickly after an accident and seek legal advice from a qualified slip and fall attorney who can help you get the compensation you deserve for your injuries.

Having this information clearly documented will make it easier for both your lawyer and the court and jury to understand the full extent of your damages. This type of evidence can also be used to help prove the damage amount in court or during settlement negotiations. Keeping track of all related expenses such as medical bills and lost wages will also be beneficial for your case.

Are you ready to learn more about your rights and eligibility as a personal injury victim or defendant?  Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a no-fee personal injury consultation with a trusted and professional slip and fall lawyer in Indianapolis, today. We represent clients all throughout the state, even if you are an Indiana resident who was injured in another state, or an out-of-town visitor injured in Indiana.

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

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?

3 Reasons to Hire a Personal Injury Lawyer After a Slip and Fall Accident

When a slip and fall accident happens to an innocent person because someone else was careless, it is important for the negligent party to be held accountable for the victim’s injuries and subsequent losses. A personal injury lawyer can help slip and fall victims accomplish this goal by recovering the full and fair compensation necessary to cover hospital bills, medical expenses, lost wages, pain, suffering, and more.

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

If you were recently injured in a slip and fall accident, it is important to hire a licensed personal injury lawyer as soon as possible. Here are the top three reasons why:

They Will Manage Evidence and Speak With Witnesses

In a slip and fall personal injury case, one of the most important factors in proving liability is evidence. Personal injury lawyers will gather all types of evidence, including photographs, videos, witness statements, professional testimonies, expert panels, investigations, and more. They are experienced and know exactly where to look, and will deal with all procedures and efforts to collect as much evidence as possible to prove a slip and fall case. These are imperative tasks that the average person is simply not qualified to do.

They Will Prove Liability

The burden of proving that the defendant (at-fault party) is liable for a slip and fall accident rests on the shoulders of the plaintiff (victim party). Slip and fall lawyers have the acute and comprehensive knowledge of the law, giving them the skills necessary to carefully review all evidence and factors in a case and prove liability.

They can demonstrate through concrete evidence that: 1) you did not contribute to your accident and injuries in any way, 2) the at-fault party had a duty of care to protect the victim from a slip and fall accident, 3) the at-fault party did not take the proper precautions to prevent a slip and fall accident, and 4) the slip and fall accident was the direct cause of all the victims damages and losses.

They Will Handle All Court and Lawyer Communications

Not only will personal injury lawyers manage all evidence and legal dealings in a slip and fall case, they will solely handle the line of communication with the courts and other lawyers so you don’t have to. This task is complex and can be intimidating for you, which is why it is a significant advantage to hire a personal injury law firm that specializes in slip and fall claims. They will do all the document fillings and speaking at mediation meetings, trials, motions, and more; you don’t have to say anything at all if you choose except in a deposition or at trial. They know how to navigate your claim in the best interest of your health, well-being, and future.

Esteemed Indianapolis Slip and Fall Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced slip and fall lawyer in Central Indiana. Our seasoned personal injury attorneys retain extensive experience working with slip and fall claims, and will work around the clock to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today.

Why Does the Location of a Slip and Fall Accident Matter?

WHERE your accident takes place is an important aspect of a personal injury claim. Continue reading to learn why.

Slip and Fall Lawyers 317-881-2700

Slip and Fall Lawyers 317-881-2700

Slip, Trip, and Fall Accidents

Whether your slip and fall accident has developed into an insurance claim or personal injury lawsuit, the location of the incident is a critical part of the case. The most common places slip and fall accidents tend to occur include big box stores (Costco ®, Walmart®, etc.), grocery stores, restaurants, small businesses, private homes, hotels, resorts, rental homes, apartments, workplace, and public places. Owners and proprietors of these places have a duty of care to ensure their guests, clients, and employees are provided with a safe environment. If anyone in these types of locations fails to maintain a safe premises, or fails to remedy a hazard they knew or should have known about, they can be held liable for any damages and losses incurred by an injured individual.

However, each place also presents their own unique circumstances that can influence the outcome of an insurance claim or lawsuit. Determining who is at-fault for a slip and fall accident is not as easy as it may sound. In fact, it can be quite challenging to prove such fault in court, especially since the law protects business owners from being unfairly held to impossible standards of safety. This is why it is imperative to have an experienced personal injury lawyer manage your claim.

How a Court Identifies Liability in Slip and Fall Location:

🔎 Maintenance Standards – Could the party in question have prevented the accident from occurring had they taken preventative measures? Should they have taken preventative measures? Did they have a duty to do so? This expectation changes depending on the maintenance expectations of a location. For instance, a grocery store chain has a higher duty of care to immediately remedy a slip and fall hazard than a private homeowner in their own residence.

🔎 Level of Control – Did the party in question have any control over the hazard that caused the slip and fall accident? It is fair to hold the party responsible for such conditions they cannot possibly control? A hotel has employees that can cause dangerous conditions for others, making the hotel proprietor liable for slip and fall accidents that result from such negligence; but on the other hand, a landlord of an apartment building may not be responsible for unsafe conditions caused by another tenant to which they have no control over.

🔎 Parties Involved – In some cases, more than one party is to blame for the unsafe conditions that causes a slip and fall accident. Furthermore, the circumstances of an accident can change after the accident takes place depending on how the parties around react. In a store, the degree of involvement by employees or patrons plays a role in the overall liability for the accident.

🔎 Liable Party – Depending on where an accident takes place, the party you sue will vary. For instance, if you are injured in a slip and fall accident in a restaurant, you need to know which person is responsible. In most cases, it is the owner or proprietor. In contrast, if a slip and fall accident happens in a private home, the liable party is likely the homeowner or tenant.

Indianapolis Slip and Fall Lawyer

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned slip and fall lawyer in Indianapolis, Indiana. We work around the clock to make sure we recover the full and fair compensation you deserve after sustaining serious slip and fall injuries. Call 317-881-2700 today for information about filing a personal injury claim in Indianapolis, IN.

What Physical Evidence Should I Keep for a Slip and Fall Claim?

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

According to the National Floor Safety Institute, over one million slip and fall victims are sent to the ER each year. With numbers like these, it is important to make floor and walking safety a priority. But regardless of how careful you are, there is always a possibility for accidents to happen, especially when another person or entity has been negligent in maintaining a certain duty of care.

In this case, you would need an experienced personal injury lawyer to navigate your case and recover the full and fair compensation you deserve after wrongfully suffering losses and damages as a result of a slip and fall accident. And although your attorney will conduct an in-depth and thorough investigation, it is important to collect certain important pieces of evidence yourself directly after an accident; evidence that your attorney would not have access to days after the incident occurred. These evidences will help prove your case to the courts and the opposing party.

Continue reading to learn what evidence to gather up after being injured in a slip, trip, and fall accident for a stronger chance at winning a fair settlement.

Scene of the Accident Footage

It is understandably difficult to collect footage at the scene of your accident when you are seriously hurt, but it is critical to your case to try. If you are too injured or incapacitated to gather this evidence yourself, you should ask a witness, bystander, friend, relative, or police officer to help you. Take as many pictures and video footage as you can of your injuries and the surroundings.

Include a picture of your entire body, your injuries, the area you slipped, tripped, or fell, as well as, the surface of the floor, nearby signs (or lack of signs), water puddles, snow, liquids, spills, frayed carpeting, unleveled surfaces, poor lighting, dangerous conditions, and more. Collect footage of anything that could have influenced the accident to happen. Video is best, but photos are effective too.

Clothing and Apparel

Another important piece of physical evidence that can help your case is the clothing you were wearing the moment of the accident. This includes your outfit and your shoes, as well as, any outerwear. If you are trying to prove that the floor you injured yourself on was dangerous, you may need to also prove that you were dressed reasonably and that your apparel did not contribute to your accident. Physical photos and clothing can help confirm this. For instance, if a woman was wearing high heeled shoes on a snowy day, this evidence would be used against her in a slip and fall injury case. But if you fell on a dry day wearing sneakers, the evidence helps prove your footwear was not a cause for your fall.

Physical evidence can also include witness statements, video footage, medical records, hospital bills, and more, but it is only a tiny fraction of a victorious slip and fall personal injury case. Fore this reason, it is an important to retain a seasoned accident attorney to recover the full and fair compensation you deserve. They have the knowledge and hands-on experience to obtain the settlement you need to cover all your related losses and damages.

Indianapolis Slip and Fall Attorneys

Craven Hoover Blazek Personal Injury Law

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss a slip and fall accident in Indianapolis, Indiana. Our seasoned slip and fall accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover what’s rightfully owed to you after suffering injuries from a slip, trip, or fall accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with an Indianapolis personal injury lawyer, 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.