Indiana Slip and Fall Accident: Hiring a Premises Liability Attorney

You’re walking through a grocery store, a parking lot, or an apartment complex, and in a split second, your world turns upside down. A slip and fall accident happens unexpectedly, but the pain, medical bills, and lost wages that follow are often long-lasting. While it might seem like “just an accident,” these incidents are frequently the result of negligence—a failure by a property owner, property managers and/or tenants to keep their premises safe.

Indiana law provides a path for victims to seek justice but navigating the legal system while recovering from an injury is a heavy burden. Understanding your rights under Indiana’s premises liability laws is the first step toward recovery. Whether you slipped on an icy sidewalk in Indianapolis or tripped over uneven flooring in a retail store, knowing when and how to hire a premises liability attorney can make the difference between absorbing the costs yourself and receiving the compensation you deserve.

Call 317-881-2700 to Speak With an Indiana Slip and Fall Attorney
Call 317-881-2700 to Speak With an Indiana Slip and Fall Attorney

Understanding Premises Liability in Indiana

Premises liability is the legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In Indiana, the duty a property owner or other responsible party owes to you depends largely on why you were on the property.

Invitees, Licensees, and Trespassers

Indiana law categorizes visitors into three main groups; each owed a different level of care:

  1. Invitees: These are individuals invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees, meaning they must regularly inspect for hazards and fix them or warn visitors about them.
  2. Licensees: Owners must warn licensees of known hidden dangers but generally don’t have a duty to inspect the property for unknown hazards.
  3. Trespassers: Generally, owners owe no duty to trespassers other than to refrain from willfully or wantonly injuring them.

Comparative Fault

Indiana follows a “modified comparative fault” system (Indiana Code § 34-51-2-6). This means you can still recover damages even if you were partially to blame for the fall, provided your fault does not exceed 50%. However, if you are found to be 51% or more at fault, you are barred from recovering any compensation. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.

Common Causes of Slip and Fall Accidents

Slip and fall accidents can happen anywhere, but they often stem from specific hazardous conditions that should have been addressed.

Wet and Slippery Surfaces

Spills in supermarkets, freshly mopped floors without warning signs, or tracked-in rain and snow are frequent culprits. In Indiana winters, ice and snow on sidewalks and parking lots are major hazards. While property owners have a reasonable amount of time to clear snow, neglecting this duty can lead to liability.

Uneven Flooring and Walkways

Cracked sidewalks, potholes in parking lots, loose carpeting, or uneven transitions between types of flooring can easily cause a trip. Poor lighting in stairwells or hallways often exacerbates these dangers, making it difficult for visitors to see the hazard before it’s too late.

Structural Defects

Broken handrails, loose stairs, and rotting floorboards are serious structural failures. Property owners are expected to maintain their buildings to code and repair these issues promptly to prevent falls and injuries.

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Steps to Take After a Slip and Fall Accident

The moments immediately following a fall are chaotic, but the actions you take can significantly impact your potential legal claim.

  1. Seek Medical Attention: Your health is the priority. Even if you feel fairly fine, adrenaline can mask injuries. See a doctor immediately to document your injuries and get the treatment you need.
  2. Report the Accident: Notify the property owner or manager right away. If it happened in a store, ensure an incident report is filed and ask for a copy.
  3. Document the Scene: Take photos or video of exactly where you fell and what caused it (ice, spill, crack). Conditions can change quickly—ice melts, and spills get cleaned up after someone gets injured.
  4. Request Surveillance Video Retention:  Ask management to retain all video of the area of your fall from 2 hours before your fall until 1 hour after your fall.  This evidence is crucial in determining how the danger appeared, what caused you to fall, how and why you fell and what was done in the area following your fall.
  5. Gather Witness Info: If anyone saw you fall, get their names and phone numbers. Their testimony can be crucial.
  6. Preserve Evidence: Keep the shoes and clothing you were wearing. Do not wash them, as they may contain residue from the substance you slipped on.
  7. Consult with a Lawyer: If you have been injured from a slip, trip, or fall accident, it is important to consult with a slip and fall lawyer as soon as possible. They can help guide you through the process of obtaining evidence, filing a claim and seeking compensation for your injuries and any other damages.

The Role of a Premises Liability Attorney

Hiring a premises liability attorney levels the playing field against insurance companies who are trained to minimize payouts.

Investigating the Claim

An attorney will conduct a thorough investigation, which may include obtaining surveillance footage, interviewing witnesses, and consulting with safety experts to prove the property owner or other responsible party was negligent.

Establishing Negligence

To win a case, your attorney must prove that the property owner or other responsible party knew, or should have known, about the dangerous condition and failed to fix it. This is often the most challenging part of a claim, requiring legal expertise to navigate the “open and obvious” defense often used by property owners.

Negotiating with Insurance Companies

Insurance adjusters often try to shift the blame to the victim or offer lowball settlements. An experienced attorney knows these insurance company tactics and handles all communication, fighting for a settlement that fully covers your losses.

How to Choose the Right Attorney for Your Case

Not all personal injury lawyers have the specific experience needed for slip and fall cases. When selecting an attorney, look for:

  • Experience in Premises Liability: Ask specifically about their track record with slip and fall cases in Indiana.
  • Local Knowledge: An attorney familiar with local Indianapolis courts and Indiana state laws will have a strategic advantage.
  • Trial Experience: While many cases settle, you need an attorney willing and able to go to trial if the insurance company refuses a full and fair offer.
  • Communication Style: Choose someone who listens to you and explains the legal process in plain English, not legal jargon.

Compensation Available in Slip and Fall Cases

A successful claim can provide compensation for both economic and non-economic damages.

  • Medical Expenses: Covers past and future medical bills, including surgeries, physical therapy, and medication.
  • Lost Wages: Reimburses you for income lost while recovering. If you can no longer work at the same capacity, you may also claim loss of earning potential.
  • Pain and Suffering: Compensates for the physical pain and emotional distress caused by the accident.
  • Permanent Disability: If the fall results in long-term impairment, additional compensation may be awarded for the impact on your quality of life.

Statute of Limitations for Filing a Claim in Indiana

Time is critical in legal matters. In Indiana, the general statute of limitations for filing a personal injury lawsuit, including slip and fall claims, is two years from the date of the accident (Indiana Code § 34-11-2-4). If you fail to file a lawsuit within this window, you will likely lose your right to seek compensation forever.

Special Deadlines for Government Claims

If your fall happened on government property—like a city sidewalk, a public school, or a government building—the timeline is much shorter. Under the Indiana Tort Claims Act, you must file a formal “Tort Claim Notice” typically within 180 days for claims against political subdivisions (like cities and counties) or 270 days for claims against the state. Missing this early notice deadline can bar your claim completely, even if the two-year lawsuit window hasn’t closed.

TAKE THE NEXT STEP TOWARD JUSTICE

Recovering from a slip and fall is about more than just healing physical wounds; it’s about securing your financial future and holding negligent parties accountable. Don’t let the complexity of Indiana’s legal system prevent you from getting the help you need.

If you or a loved one has been injured in a slip and fall accident, don’t wait until the evidence disappears or deadlines pass. Contact Us Today to schedule a free initial consultation with an experienced premises liability attorney in Indianapolis. We are ready to listen to your story and fight for your rights.

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Related Post: Slip & Fall at an Indy Big Box Store? Here’s What’s Next

Injured in a Crash? How an Indiana Auto Accident Attorney Can Protect You

The screech of tires, the shattering of glass, and the sudden jolt of impact can change your life in an instant. In the chaotic moments following a car accident, your primary focus is naturally on your immediate safety and health. But as the adrenaline fades and the reality of medical bills, vehicle repairs, pain and lack of sleep, and lost wages sets in, the path forward often becomes overwhelming. Navigating the aftermath of a collision is rarely straightforward, especially when insurance companies and complex state laws are involved.

For many Hoosiers, the decision to hire legal representation isn’t just about seeking compensation; it’s about reclaiming stability. An auto accident attorney serves as more than just a legal representative—they are a shield against aggressive adjusters and a guide through a maze of paperwork and deadlines. They understand that behind every case file is a person whose life has been disrupted, and they work to ensure that someone else’s negligence doesn’t dictate your future financial security.

While it might be tempting to handle a claim on your own to try save money, the intricacies of Indiana’s legal system can easily trip up even the most diligent individuals and having an attorney helps to ensure you receive a full and fair settlement. From understanding fault percentages to meeting strict filing deadlines, the margin for error is slim.

This guide explores exactly how a skilled attorney can advocate for your rights, manage the legal burdens, and help you secure the recovery you deserve.

Call 317-881-2700 to Speak With an Indianapolis Auto Accident Attorney for Free
Call 317-881-2700 to Speak With an Indianapolis Auto Accident Attorney for Free

Understanding Indiana’s Traffic Laws and Liability

One of the first hurdles in any accident claim is determining who is legally responsible. Indiana operates under a “fault” system for car accidents, meaning the person who caused the accident is responsible for paying for the damages although in nearly all cases, it is the at-fault persons’ insurance carrier or even your own uninsured or underinsured motorists carrier that actually pays any settlement or judgment on their behalf. Proving fault isn’t always black and white and Indiana’s specific statutes play a major role in how much compensation you can recover.

The Modified Comparative Fault Rule

Indiana follows a modified comparative fault system, specifically the “51% rule” outlined in Indiana Code § 34-51-2-6. This statute fundamentally changes how damages are awarded compared to other states. Under this rule, you can still recover damages if you were partially at fault for the accident—but only if your share of the blame is not greater than 50%.

If a jury finds you are 51% or more at fault, you are barred from recovering any damages at all. Furthermore, if you are found to be partially at fault (50% or less), your compensation is reduced by your percentage of fault. For example, if your total damages are $100,000 but you are found to be 20% at fault for speeding, your payout would be reduced to $80,000. A lawyer’s primary job is to minimize your liability while still recognizing the facts of the case to ensure you receive the maximum possible compensation.

Minimum Insurance Requirements

Every driver on Indiana roadways is required to maintain minimum liability insurance. According to the Indiana Bureau of Motor Vehicles, the minimum coverage limits (often referred to as 25/50/25) are:

  • $25,000 for bodily injury to or death of one person.
  • $50,000 for bodily injury to or death of two or more people in any one accident.
  • $25,000 for property damage in any one accident.

Unfortunately, these minimums are often insufficient to cover serious injuries. An attorney can help identify other potential sources of coverage, such as your own uninsured/underinsured motorist policy, to bridge the gap.  Moreover, because Indiana only requires the minimal limited coverage amounts and many people go without auto insurance, it is vitally important that you protect yourself and others in your vehicle by purchasing uninsured and underinsured motorists coverage.

The Statute of Limitations

Time is a critical factor in personal injury cases. Under Indiana Code § 34-11-2-4, you generally have two years from the date of the accident to file a lawsuit for personal injury or property damage. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to seek compensation forever.

While two years may seem like a long time, documenting a case can take months of investigation, making it vital to start the process early.  Moreover, evidence can disappear if not obtained quickly so hiring your own attorney it extremely important.

Speak With an Experienced Car Accident Lawyer Today

Common Types of Injuries from Car Accidents

Car accidents generate immense physical forces that the human body simply isn’t built to withstand. Injuries can range from minor bruises to life-altering conditions that require long-term care.

  1. Soft Tissue Injuries: Whiplash is incredibly common, particularly in rear-end collisions. While it may not show up on an X-ray, the damage to muscles and ligaments can cause chronic pain and limited mobility.
  2. Traumatic Brain Injuries (TBI): Concussions and more severe brain injuries can occur even without direct impact to the head, caused simply by the violent shaking of the brain within the skull. These injuries can have subtle or severe, lasting effects on cognitive function and mood.
  3. Bone Fractures: The impact of a crash can easily break ribs, arms, legs, and even the pelvis. These injuries often require surgery and extensive physical therapy.
  4. Internal Injuries: Damage to internal organs can be life-threatening and may not be immediately apparent. Internal bleeding requires urgent medical attention and can lead to significant complications.

An experienced Indiana auto accident attorney works with medical experts to document not just your current injuries, but also the future medical needs and pain you are likely to endure.

How an Attorney Helps Gather Evidence and Document a Case

A successful claim relies on evidence, not just your word against the other drivers in most cases. Attorneys act as investigators, securing critical proof that might otherwise be lost or overlooked.

Securing the Accident Report

Police reports are foundational pieces of evidence. In Indiana, drivers involved in an accident resulting in injury, death, or property damage must report it. An attorney will obtain this official record to see how the responding officer assessed the scene and who they cited for traffic violations, if anyone.

Collecting Digital and Physical Evidence

Modern vehicles and roadways generate a wealth of data. Your lawyer can issue subpoenas to obtain cell phone records (to prove distracted driving), security camera footage from nearby businesses, or “black box” data from the vehicles involved. They also gather medical records, employment history to prove lost wages, and witness statements to construct a comprehensive timeline of events. They will also obtain, if necessary, body or dash camera footage from the investigating officer and 911 calls.

Negotiating with Insurance Companies

Insurance adjusters are trained negotiators whose primary goal is to protect the company’s bottom line. They often use tactics designed to devalue your claim, such as offering a quick, lowball settlement before you fully understand the extent of your injuries or trying to get you to admit something on a recorded line that can arguably be used against you.

Having an attorney will level the playing field. Your lawyer handles all communication with the insurance carriers, ensuring you don’t inadvertently say something that might arguably hurt your case. They present the evidence gathered to demand a fair settlement that covers:

  • Economic Damages: Medical bills, lost wages, and property damage.
  • Non-Economic Damages: Pain and suffering, mental anguish, and loss of enjoyment of life.

If the insurance company refuses to offer a full and fair amount, your attorney’s readiness to go to trial becomes a powerful bargaining chip.

Filing a Lawsuit and Going to Trial

While most personal injury cases are settled out of court, some must proceed to litigation to achieve a just result. Filing a lawsuit formally begins the court process. This involves “discovery,” where both sides exchange evidence and take depositions (sworn testimony).

If the case goes to trial, your attorney will present your version of the case to a judge or jury. They will call on expert witnesses—such as accident reconstructionists or medical specialists—to explain the technical aspects of the crash and your injuries. This stage requires a deep understanding of Indiana’s courtroom procedures and rules of evidence, highlighting the importance of having a seasoned litigator by your side.

Choosing the Right Attorney for Your Case

Not all lawyers are created equal. When selecting an attorney to handle your auto accident claim, look for someone with specific experience in personal injury law in Indiana. You want a partner who is transparent about their fee structure (most work on a contingency fee basis, meaning they only get paid if you win) and who communicates clearly.  All attorneys at Craven, Hoover & Blazek, P.C. have decades of experience with personal injury and wrongful death cases.

Ask potential attorneys about their track record with cases similar to yours. Do they have experience with the specific type of accident you were in? Are they willing to take a case to trial if necessary? A trustworthy attorney will offer a realistic assessment of your case and guide you with empathy and professionalism.

RECAP

The aftermath of a car accident is a journey, often a difficult one, but you do not have to walk it alone. The legal system is designed to provide recourse for those who have been wronged, but accessing that justice requires knowledge, resources, and persistence. By partnering with a dedicated auto accident attorney, you shift the burden of the legal battle off your shoulders, allowing you to focus on what truly matters: your physical and emotional recovery.

Don’t let the complexity of Indiana’s comparative fault laws or the tactics of insurance companies prevent you from securing the support you need. Take the first step toward protecting your rights and your financial future today.

If you or a loved one has been injured in a car accident, don’t wait. Contact our Indianapolis team today to Book a Free Case Evaluation. We are ready to listen to your story and fight for the compensation you deserve.

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Related Post: What to Do After Serious Auto Accident Injuries in Indiana

Handling Insurance Adjusters in Indiana: A Survivor’s Guide

The days following an accident are often a blur. Between scheduling medical appointments, arranging vehicle repairs, and managing the physical pain of your injuries, your phone rings. It’s an insurance adjuster. They sound friendly, concerned, and eager to “help you close your file quickly.”

It is natural to want to cooperate. You just want this ordeal to be over. However, handling this conversation incorrectly can have devastating financial consequences. While the adjuster may seem sympathetic, their professional objective is very different from yours.

Understanding how to navigate these conversations is critical for protecting your rights and your future. Here is what every Hoosier needs to know about dealing with insurance adjusters after an accident.

Call 317-881-2700 to Speak With Our Insurance Accident Claim Lawyers in Indianapolis Indiana
Call 317-881-2700 to Speak With Our Insurance Accident Claim Lawyers in Indianapolis Indiana

Understanding the Insurance Adjuster’s Role

To navigate the claims process, you first need to understand who you are talking to. An insurance adjuster’s primary job is to investigate insurance claims to determine the extent of the insurance company’s liability.

In simpler terms, they are looking for reasons to pay you less.

Insurance companies are businesses. Like any business, they aim to maximize profits and minimize expenses. Unfortunately, in the context of an injury claim, you are the expense. Adjusters are trained to identify information that can devalue your claim. They might look for pre-existing medical conditions, alleged inconsistencies in your story, or statements that that they can use to suggest you were partially to blame for the incident.

This doesn’t mean adjusters are villains. They are professionals doing a job. But knowing that their loyalty lies with the insurance provider—not with you—should change how you approach every interaction with them.

Get an Attorney or At Least Speak with One

The best thing to do after your injury is to speak with a personal injury attorney right away so you can know your rights.  Here at Craven, Hoover & Blazek, P.C., an attorney will speak with you free of charge to obtain the facts surrounding your possible case and determine whether or not an attorney is necessary given the facts of the case.

You are generally not legally obligated to provide a recorded statement to the other driver’s insurance company. These statements are often used to cross-reference your story later to find minor inconsistencies. If your memory of the event changes slightly months later—which is common with trauma—they may use the recording to attack your credibility.

If you must give a statement to your own insurance company (which is often a requirement of your policy), keep your answers brief, factual, and direct. Do not volunteer extra information.  DO NOT give a statement for anyone without consulting with an attorney first. 

Get a Free Case Review in Indianapolis

Navigating Indiana Codes, dealing with aggressive adjusters, and calculating fair compensation for long-term injuries is a heavy burden to carry alone. This is where professional legal counsel becomes indispensable.

An experienced personal injury attorney acts as a shield between you and the insurance company. Once you have representation, adjusters are generally required to direct all communication through your lawyer. This prevents you from accidentally saying something that could arguably damage your case.

The Clock Is Ticking

It is also vital to remember the Statute of Limitations. According to Indiana Code § 34-11-2-4, you generally have exactly two years from the date of the accident to file a personal injury lawsuit in most cases.

Insurance adjusters know this timeline well. Some may drag out negotiations or delay returning calls in hopes that you miss this deadline. An attorney ensures your claim is filed correctly and on time, preserving your right to seek justice.  A defendant’s insurance company does not owe you any duties.

Protect Your Future

Recovering from an injury is hard enough without the added stress of a complex legal battle. While insurance adjusters play a necessary role in the claims process, remember that they are negotiating for their employer, not for you.

By knowing your rights under Indiana law, you can protect the compensation you deserve. You should not have to feel overwhelmed by insurance paperwork or pressure from adjusters, and you do not and should not have to face it alone.

Don’t let an insurance adjuster decide what your injury is worth. Our team understands Indiana’s comparative fault laws and knows how to counter the tactics insurance companies use to devalue claims. Contact Us Today to schedule your free, no-obligation case review in Indianapolis. Let us handle the legal fight so you can focus on healing.

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Related Post: Insurance Company Traps: What Indiana Personal Injury Victims Need to Know

What is a Brain Injury Case Worth? A Guide to Damages in Indiana

The brain serves as the command center for the entire body, dictating everything from how we walk to how we process complex emotions. When that command center is damaged, the effects ripple outward, disrupting careers, relationships, and basic daily functions. A traumatic brain injury (TBI) often strikes without warning—perhaps from a car accident on I-465 or a slip and fall in a local business—leaving victims and their families to navigate a confusing new reality.

Recovering from a TBI is rarely a straight line. The physical healing process is often complicated by emotional hurdles and financial strain. While no amount of money can undo the trauma of a brain injury, the civil justice system in Indiana provides a mechanism to secure your future. Seeking compensation is about ensuring you have the resources necessary for top-tier medical care and financial stability while you focus on what matters most: your recovery.

Understanding what damages are available is the first step in reclaiming control of your life.

Call 317-881-2700 for Help With Your Brain Injury Lawsuit in Indiana
Call 317-881-2700 for Help With Your Brain Injury Lawsuit in Indiana

General Damages for Indiana Brain Injury Cases

Economic Damages: Calculating the Financial Toll

In personal injury law, “economic damages” (often called special damages) refer to the quantifiable financial losses you have suffered. These are expenses that can be calculated with receipts, invoices, and employment records. Because brain injuries often require lifetime care, these calculations must be precise and forward-looking.

Medical Expenses

The cost of treating a TBI goes far beyond the initial emergency room visit. In Indiana, you are entitled to seek compensation for all reasonable and necessary medical costs related to the accident. This includes:

  • Immediate care: Ambulance fees, hospitalization, surgeries, and diagnostic imaging like MRI or CT scans.
  • Rehabilitation: Physical therapy, occupational therapy, and speech-language pathology to relearn lost skills.
  • Long-term care: In-home nursing assistance or residency in a specialized care facility.
  • Adaptive devices: Wheelchairs, home modifications (like ramps or widened doorways), and specialized technology to assist with communication.

Lost Income and Earning Capacity

A brain injury often forces victims to take significant time off work. You can claim damages for the wages, bonuses, and benefits lost during your recovery. However, the impact of a TBI often extends into the future.

If your injury results in cognitive impairments that prevent you from returning to your previous job—or prevents you from working altogether—you may be entitled to “loss of earning capacity.” This is calculated by comparing what you would have earned over your lifetime had the injury not occurred versus what you are now capable of earning. Vocational experts are often utilized to establish these figures accurately.

Non-Economic Damages: Compensation for Human Loss

Not all scars are visible, and not all losses come with a price tag. “Non-economic damages” (general damages) are designed to compensate you for the intangible ways the injury has diminished your quality of life.

Pain and Suffering

This category addresses the physical pain and emotional distress caused by the injury. For TBI victims, this can be substantial. It covers the chronic headaches, dizziness, and physical discomfort associated with the trauma. It also encompasses the mental anguish, anxiety, depression, and PTSD that frequently accompany brain injuries.

Loss of Enjoyment of Life

A severe brain injury can rob a person of their identity and passions. If you can no longer participate in hobbies you once loved—whether that’s playing sports, gardening, or simply picking up your grandchildren—Indiana law recognizes this as a compensable loss. These damages acknowledge that there is more to life than just working and paying bills.

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Punitive Damages in Indiana

In rare cases where the defendant’s actions were not just negligent, but malicious, fraudulent, or grossly negligent, the court may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

However, Indiana has specific statutory limits on these awards. Under state law, punitive damages are capped at the greater of three times the amount of compensatory damages or $50,000. Furthermore, there is a unique allocation rule: if punitive damages are awarded, the plaintiff (the victim) receives only 25% of that amount.

The remaining 75% is paid into the Violent Crime Victims Compensation Fund. While punitive damages are not common in standard negligence cases, they may play a role in incidents involving egregious misconduct, such as drunk driving.

Factors That Influence Your Settlement or Verdict

Every brain injury case is unique. While two people might suffer a concussion in similar accidents, the value of their claims can differ drastically based on several key factors.

The Severity of the Injury

Generally, the more severe and permanent the injury, the higher the potential compensation. A mild concussion that resolves in a few months will result in lower damages than a severe TBI requiring lifelong round-the-clock care. Medical evidence is crucial here; attorneys often work with neurologists to objectively prove the extent of the brain damage.

Comparative Fault

Indiana operates under a “modified comparative fault” system. This means that if you are found to be partially responsible for the accident, your damage award can be reduced by your percentage of fault.

  • If you are 20% at fault and the damages are $100,000, you would receive $80,000.
  • Crucially, if you are found to be more than 50% at fault (51% or higher), you are barred from recovering any damages at all.

Insurance Policy Limits

Regardless of what a jury might award, the practical limit of a settlement is often dictated by the at-fault party’s insurance coverage. If the defendant has a policy limit of $50,000 and no personal assets, collecting a million-dollar judgment can be legally possible but practically difficult. An experienced Indiana personal injury attorney will investigate all possible sources of insurance coverage, including umbrella policies or commercial liability policies, to maximize recovery.

Government Liability Caps

If your injury was caused by a government entity—for example, a collision with a city bus or a slip and fall in a state building—the Indiana Tort Claims Act applies. As of the most recent statutes, damages against a government entity are typically capped at $700,000 per person. Additionally, strict notice requirements exist, meaning you may have as little as 180 days to file a tort claim notice before you lose your right to sue.

FAQs About Brain Injury Claims and Settlements

How long do I have to file a brain injury claim in Indiana?

The statute of limitations for personal injury claims in Indiana is generally two years from the date of the injury. However, if your injury involves a government entity, the deadlines may be significantly shorter, requiring you to file a tort claim notice within 180 days. It is crucial to consult with an attorney as soon as possible to ensure you meet all necessary deadlines.

What factors affect the value of a brain injury settlement?

Several factors influence the value of a brain injury settlement, including the severity of the injury, the costs of medical treatment (both current and future), lost wages, diminished earning capacity, and the impact on the victim’s quality of life. Non-economic damages, such as pain and suffering, are also considered, though caps may apply in certain cases.

Can I still recover compensation if I was partially at fault for the injury?

Indiana follows a modified comparative fault rule, which means you can recover compensation as long as you are not more than 50% at fault for the accident. However, your total award will be reduced by your percentage of fault. For example, if you are found 30% at fault, your settlement will be reduced by 30%.

How long does it take to resolve a brain injury claim?

The timeline for resolving a brain injury claim varies widely depending on factors such as the complexity of the case, the willingness of the opposing party to settle, and whether the case goes to trial. While some claims may settle within months, others may take a year or more to conclude.

Do I need an attorney to handle my brain injury claim?

Brain injury claims can be complex and may involve substantial medical and legal evidence. An experienced personal injury attorney can help you navigate the process, ensure that deadlines are met, and negotiate a fair settlement on your behalf. Without legal representation, you risk recovering less than you deserve for your damages and losses.

PROTECTING YOUR FUTURE AFTER A TBI

Navigating a personal injury claim while recovering from a traumatic brain injury is an immense challenge. The legal landscape in Indiana involves complex statutes of limitations—generally two years from the date of the accident—and strict evidentiary standards. Because the symptoms of a brain injury can evolve over time, settling too quickly or without proper legal guidance can leave you without the funds you need for future care.

You do not have to face this uncertainty alone. Securing representation helps ensure that every aspect of your suffering, from the medical bills piling up on the counter to the intangible loss of life’s joys, is accounted for and fought for.

If you or a loved one has sustained a brain injury due to someone else’s negligence, understanding your rights is the first step toward recovery. Our team is dedicated to helping Hoosiers secure the compensation they deserve. Contact Us Today to schedule your free, no-obligation personal injury case evaluation in Indianapolis.

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Related Post: Seeking Personal Injury Compensation for a Brain Injury in Indiana

Legal Options for Burn Victims in Indiana

A severe burn is one of the most traumatic injuries a person can endure, often leaving behind physical scars and emotional distress. In Indiana, these devastating injuries lead to approximately 5,000 emergency room visits each year. While medical treatment is the immediate priority, understanding your legal rights is a critical step in your recovery journey, especially if the injury was caused by someone else’s carelessness.

A burn injury can result in overwhelming medical expenses, lost income, and profound pain and suffering. Navigating the legal system while recovering can feel daunting, but you don’t have to do it alone. This guide explains your legal options as a burn injury victim in Indiana, detailing the steps you can take to secure the full and fair compensation you need to move forward.

Call 317-881-2700 to Meet With a Burn Injury Claim Lawyer in Indianapolis
Call 317-881-2700 to Meet With a Burn Injury Claim Lawyer in Indianapolis

Common Causes of Burn Injuries in Indiana

Burn injuries can happen in various settings, and many are preventable. Understanding the common causes can help determine if another party’s negligence was a factor in your burn accident.

Workplace Accidents

Workplaces, especially in industrial, construction, or restaurant settings, can pose significant burn risks. Chemical burns from hazardous materials, thermal burns from hot equipment, or electrical burns from faulty wiring are common. Indiana’s Occupational Safety and Health Administration (IOSHA) sets standards that employers must follow to help have a safe environment. A failure to meet these standards could be considered negligence.

Car Accidents

The force of a car crash can rupture fuel lines or damage electrical systems, leading to fires and severe burns. In these cases, the at-fault driver and their insurance carrier may be held liable for the injuries sustained by others.

Premises Liability Incidents

Property owners have a legal obligation, known as a duty of care, to maintain a safe environment for visitors. This applies to various situations:

  1. Salon Accidents: Improperly used chemicals or faulty equipment at a hair or beauty salon can cause serious chemical burns.
  2. Fire Pit Accidents: A poorly managed or defectively designed fire pit can lead to accidental burns, making the property owner or manufacturer and their insurers potentially liable and responsible for money damages.
  3. Defective Products: Everyday products, from kitchen appliances to electronics, can malfunction and cause burns. In these instances, the manufacturer or seller may be held responsible and their liability insurance carrier ultimately responsible for paying any judgement.

Firework Accidents

Fireworks are a known cause of serious burns, particularly around holidays. If an injury results from another person’s reckless use of fireworks or from a defective product, you may have grounds for a burn injury claim.

Understanding Your Legal Rights in Indiana

If you’ve suffered a burn injury due to someone else’s actions or inaction, Indiana personal injury laws provide a pathway to seek justice and compensation. The foundation of most personal injury cases is the legal concept of negligence.

To document a successful burn injury lawsuit, you and your attorney must prove four key elements:

  1. Duty of Care: The responsible party had a legal obligation to act with reasonable care to avoid causing you harm.
  2. Breach of Duty: The party failed to uphold that duty of care through a careless act or omission.
  3. Causation: This breach of duty was a responsible cause your burn injury.  There can be more than one responsible cause.
  4. Damages: You suffered actual harm, such as medical expenses, lost wages, or physical pain, as a result of the injury.

Indiana also generally follows a comparative fault rule. This means if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 10% at fault, your recovery would be reduced to $90,000. It’s important to note that if you are found to be 51% or more at fault, you cannot recover any compensation.

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Types of Compensation for a Burn Injury Claim

A successful burn injury claim can help you recover compensation for various damages, which are categorized as economic and non-economic.

  • Medical Expenses: This covers all past, present, and future medical costs related to your injury. It includes hospital stays, surgeries, skin grafts, physical therapy, medication, and any necessary long-term care.
  • Lost Wages: If your injury prevents you from working, you can recover compensation for lost income. This also includes loss of future earning capacity if the injury results in a long-term or permanent disability.
  • Pain and Suffering: This non-economic damage compensates you for the physical pain, emotional distress, scarring, disfigurement, and loss of enjoyment of life caused by the injury.

Filing a Claim: The Statute of Limitations

In Indiana, there is a strict deadline for filing a personal injury lawsuit, known as the statute of limitations. For most burn injury claims, you must file your lawsuit within two years from the date the injury occurred. If you fail to file within this time-frame, you will likely lose your right to seek compensation forever. Evidence and witnesses can disappear quickly. This makes it crucial to contact a burn injury attorney as soon as possible after your accident.

How to Choose the Right Burn Injury Attorney

Selecting the right legal representation is one of the most important decisions you will make. An experienced personal injury lawyer who concentrates in burn injury cases can make a significant difference in the outcome of your claim.

Look for an attorney with:

  1. Proven Experience: A track record of successfully handling burn injury cases in Indiana.
  2. Resources: The financial and expert resources needed to take on complex cases and large insurance companies.
  3. Client-Focused Approach: An attorney who communicates clearly, shows compassion for your situation, and makes you feel supported.
  4. Contingency Fee Basis: Most personal injury lawyers work on a contingency fee, meaning you don’t pay any attorney fees unless they win your case.

Frequently Asked Questions

What should I do immediately after a burn injury in Indiana?

First, seek immediate medical attention. Then, if possible, document the scene of the accident with photos or videos and gather contact information from any witnesses. Preserve any physical evidence related to the injury. If you cannot do so due to your injuries, have a friend or family member do so. Finally, contact a burn injury attorney to discuss your legal options before speaking with insurance companies.

How do I know if I have a valid burn injury claim?

If your injury was caused by someone else’s negligence—whether it was a careless driver, an inattentive property owner, or a negligent employer—you likely have a valid claim. The best way to know for sure is to schedule a consultation with a qualified personal injury lawyer to discuss the particulars of your claim.

Can I claim compensation for emotional distress from my burn injuries?

Yes, compensation for emotional distress, mental anguish, and other psychological impacts falls under the category of “pain and suffering” damages, which you can pursue in a burn injury lawsuit.

How long do I have to file a burn injury lawsuit in Indiana?

The statute of limitations for personal injury claims in Indiana is generally two years from the date of the injury. It is critical to act quickly to protect your legal rights.  It is best to contact an attorney as soon as possible after your accident so your attorney can assist with obtaining vital evidence.

Take the First Step Toward Recovery

Recovering from a burn injury is a long and difficult road. While no amount of money can erase the pain you’ve endured, securing full and fair compensation can provide the financial stability needed to focus on your healing. Understanding your legal rights is the first step, and acting on them is the next.

If you or a loved one has suffered a burn injury in Indiana, don’t wait to seek legal guidance. An experienced attorney can protect your rights, navigate the complexities of the legal system, and fight to get you the justice you deserve.

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Related Post: Compensation Options for Burn Injury Victims in Indiana

Injured in an Indiana Truck Accident? What to Do Next

Large truck accidents can have a devastating impact, often leading to severe injuries and life-altering consequences. In 2023 alone, Indiana saw over 1,500 large truck accidents that resulted in injuries, and these collisions account for approximately one in five traffic fatalities in the state. Navigating the aftermath can be overwhelming, especially when you’re dealing with permanent injuries, physical pain and emotional distress.

This guide explains the crucial steps you should take after being involved in a large truck accident in Indiana. Understanding your rights and responsibilities can help you protect your health and secure the compensation you deserve.

Call 317-881-2700 to Speak With Our Large Truck Accident Attorneys in Indianapolis
Call 317-881-2700 to Speak With Our Large Truck Accident Attorneys in Indianapolis

Your Immediate Steps After a Large Truck Accident

What you do in the immediate moments following a large truck accident in Indiana can significantly impact both your health and any future legal claim. After these high priority steps, you can then contact a trucking accident lawyer to start documenting your personal injury case.

Seek Medical Attention

Your health is the top priority. Even if you believe your injuries are minor, it’s essential to get a medical evaluation. Some serious injuries, such as internal bleeding or concussions, may not show immediate symptoms.

Seeking prompt medical care not only ensures your well-being but also creates an official medical record linking your injuries to the accident. Delaying treatment can make it more challenging to prove your injuries were a direct result of the crash.

Report the Accident

Call 911 to report the accident. The responding police officer will create an official report, which is a vital piece of evidence. This report will document details such as the date, time, location, parties involved, and a preliminary assessment of what happened.

When speaking with law enforcement, provide the facts calmly and clearly.

Gathering Crucial Evidence

Strong evidence is the foundation of a successful large truck accident claim. While your attorney will conduct a thorough investigation, there are several things you can do at the scene to preserve important evidence if you are physically able to.

  • Photographs and Videos: Take pictures and videos of the accident scene from multiple angles. Capture the positions of the vehicles, property damage, skid marks, road conditions, and any visible injuries.
  • Driver and Witness Information: Exchange contact and insurance information with the negligent truck driver. Get the names and contact details of any witnesses who saw the accident. Their statements can provide an unbiased account of events.
  • Document Everything: Keep a detailed record of everything you remember about the accident, your injuries, medical treatments, and any related expenses. This documentation will be invaluable when calculating your personal injury damages.

Understanding Indiana’s Truck Accident Laws

Truck accident cases are more complex than standard car accidents due to the involvement of state and federal regulations.

Fault and Comparative Negligence

Indiana operates under a fault-based system, meaning the party responsible for the accident is liable for the damages. However, Indiana also follows a “modified comparative fault” rule (IC 34-51-2-19). Under this law, your compensation can be reduced by your percentage of fault.

If you are found to be more than 50% at fault, you are barred from recovering any damages. This is why it’s critical to have a skilled truck accident attorney document a strong case on your behalf.

Trucking Regulations

Both the trucking company and the driver must comply with federal and state trucking regulations in Indiana. These rules, outlined in laws like IC 9-20 and by the Federal Motor Carrier Safety Administration (FMCSA), govern aspects such as:

  • Hours of Service (HOS): Limits on how long a driver can be on the road without a break.
  • Weight and Size Limits: Restrictions on the size and weight of the truck and its cargo.
  • Maintenance and Inspections: Regular vehicle inspections and maintenance are mandatory.
  • Driver Qualifications: Drivers must have a valid Commercial Driver’s License (CDL) and meet specific health requirements.

A violation of these regulations can serve as strong evidence of negligence.

Contact an Indiana Truck Accident Lawyer Today

Why You Need an Indiana Truck Accident Lawyer

Trucking companies and their insurers have powerful legal teams dedicated to minimizing payouts. An experienced truck accident lawyer will:

  1. Investigate the accident to determine liability.
  2. Gather and preserve critical evidence, such as the truck’s “black box” data and driver logs.
  3. Handle all communications with the insurance company.
  4. Accurately calculate the full extent of your damages.
  5. Negotiate for a full and fair settlement or represent you in court if necessary.

The Personal Injury Claims Process

Filing a claim involves notifying the at-fault party’s insurance company of your intent to seek compensation. Your attorney will prepare and submit a demand letter detailing your injuries, damages, and the legal basis for your claim. This initiates the negotiation process. Insurance adjusters will often make a low initial offer. Your lawyer will counter this offer and negotiate to ensure you receive a settlement that covers all your losses.

Remember, under Indiana personal injury law, you generally have two years from the date of the accident to file a lawsuit (IC 34-11-2-4). Missing this deadline can prevent you from recovering any compensation.

Potential Compensation

If your claim is successful, you may be entitled to compensation for various damages, including:

  • Medical Expenses: Both current and future medical bills related to your injuries.
  • Lost Wages: Income lost due to time away from work during your recovery.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job.
  • Property Damage: The cost to repair or replace your vehicle.
  • Pain and Suffering: Compensation for physical pain and emotional distress.
  • Punitive Damages: In rare cases of gross negligence, additional damages may be awarded to punish the at-fault party.

Frequently Asked Questions

What should I do immediately after a truck accident in Indiana?

First, check for injuries and call 911. Seek medical attention, even if you feel relatively fine. If possible, gather evidence like photos, videos and witness information. Contact a truck accident attorney as soon as possible.

How is fault determined in a large truck accident case in Indiana?

Fault is determined by proving negligence—that is, showing the truck driver and/or trucking company failed to act with reasonable care, leading to the accident. This often involves investigating for violations of traffic laws or trucking regulations.

Can I sue the trucking company and the driver?

Yes. In many cases, both the driver and their employer can be held liable. The trucking company may be responsible for negligent hiring, poor training, or inadequate maintenance as well as other reasons.  Employers are also responsible for the negligent actions of their employees.

How long do I have to file a truck accident claim in Indiana?

The statute of limitations for personal injury claims in Indiana is generally two years from the date of the accident.

What kind of evidence is helpful in a truck accident case?

Helpful evidence includes the police report, medical records, photos or videos of the scene, witness statements, and data from the truck’s electronic logging device (ELD) or “black box.”

IN SUMMARY

The aftermath of a large truck accident is a difficult time. Taking the right steps from the beginning is crucial for protecting your health and securing the financial stability you need to recover. By seeking immediate medical care, preserving evidence, and consulting with a knowledgeable Indiana truck accident attorney, you can build a strong foundation for your claim.

Don’t let the complexity of the legal system or the tactics of insurance companies prevent you from getting the justice you deserve. If you or a loved one has been injured in a truck accident, Contact Us Today for a free consultation to discuss your case.

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Related Post: Large Truck Accidents in Indiana: Your Rights and Legal Options

The Role of a Construction Accident Attorney in Your Compensation Claim

Construction sites are busy, often hazardous environments. While workers face obvious risks, pedestrians, drivers, and visitors near these areas are also vulnerable to serious injuries. Whether you’re walking past scaffolding, driving through a work zone, or visiting a site, negligence can lead to devastating accidents.

If you’ve been injured due to unsafe conditions at a construction site in Indiana, understanding your legal rights is essential. An experienced Indiana construction accident attorney can help you navigate the claims process and fight for the compensation you deserve.

Call 317-881-2700 to Speak With Our Construction Accident Attorneys in Indiana
Call 317-881-2700 to Speak With Our Construction Accident Attorneys in Indiana

Common Types of Construction Accidents

Construction sites pose numerous dangers to anyone nearby. Understanding the most common types of accidents can help you recognize when negligence may be at play.

Falling Debris and Objects

Unsecured tools, materials, or equipment can fall from heights, striking pedestrians or damaging vehicles below. For example, a pedestrian injured by falling debris from a poorly secured construction site may have grounds for a negligence claim against the construction company.

Vehicle Collisions

Construction zones often involve heavy machinery, trucks, and altered traffic patterns. Inadequate signage, unmarked equipment, or poorly lit work areas can lead to serious collisions. Consider a driver who collided with unmarked construction equipment left on the road at night—this scenario could result in a lawsuit for damages due to inadequate signage and safety measures.

Slip, Trip, and Fall Accidents

Uneven surfaces, exposed wiring, debris, and inadequate lighting create hazardous conditions for visitors and passersby. A visitor to a construction site who tripped and fell due to hazardous conditions might pursue a premises liability claim against the property owner or contractor responsible for maintaining safety.

Structural Collapses

Scaffolding failures, trench collapses, or building structure failures pose serious risks, often leading to catastrophic injuries for anyone nearby. These incidents don’t just endanger workers directly involved in construction but can also harm bystanders, inspectors, or other personnel on-site.

Types of Personal Injuries in Construction Accidents

Construction site accidents can result in a wide range of injuries, from relatively minor to life-altering. The severity often depends on the nature of the accident and the speed of medical intervention.

  • Minor to Moderate Injuries: These include cuts, bruises, sprains, and minor fractures. While they may heal with time and treatment, they can still result in medical bills, lost work time, and pain.
  • Severe Injuries: Traumatic brain injuries (TBI), spinal cord damage, severe burns, crush injuries, and multiple fractures can have long-lasting or permanent effects. Victims may require extensive medical treatment, rehabilitation, and ongoing care.
  • Catastrophic Injuries: Some construction accidents result in paralysis, amputation, or wrongful death. These outcomes dramatically alter the lives of victims and their families, creating overwhelming emotional and financial burdens.

Understanding the full scope of your injuries is critical when pursuing a construction accident claim. Medical documentation, expert testimony, and legal guidance all play vital roles in demonstrating the impact of your injuries.

Meet With a Construction Site Accident Lawyer Today

Understanding Indiana’s Personal Injury Laws

When a construction site accident occurs, determining liability involves examining how negligence contributed to the injury. Indiana personal injury laws provide a framework for holding negligent parties and their insurance carriers accountable.

Negligence

At the heart of most construction injury claims is the concept of negligence. Construction companies, property owners, and contractors owe a duty of care to anyone who might be affected by their activities. This means maintaining safe conditions, providing adequate warnings, and following safety regulations. When they fail to meet this duty, resulting in harm, they can be held liable.

Premises Liability

This legal principle holds property owners and those in control of a property responsible for maintaining safe conditions. For construction sites, premises liability means ensuring hazards are properly marked, secured, and managed to prevent injury to visitors, pedestrians, and drivers.

Comparative Fault

Indiana follows a modified comparative fault rule. If you’re partially at fault for your injury, your compensation may be reduced by your percentage of fault. However, if you’re found to be 51% or more at fault, you cannot recover damages. This makes it essential to document a strong case demonstrating the construction defendant’s negligence.

Statute of Limitations

In Indiana, you generally have two years from the date of the injury to file a personal injury claim. Missing this deadline can bar you from seeking compensation, regardless of how strong your case may be. Prompt legal action ensures you preserve your rights.

Damages

Victims of construction site accidents may recover various types of damages, including medical expenses (both current and future), lost wages and loss of earning capacity, pain and suffering, and property damage. Calculating these damages requires careful documentation and often expert analysis to ensure fair compensation.

The Role of a Construction Accident Attorney

Navigating a construction injury claim involves complex legal processes and negotiations with insurance companies and defense attorneys. An experienced Indiana construction accident lawyer provides invaluable support throughout this journey.

  • Thorough Investigation: Your attorney will investigate the accident scene, gather evidence such as photos, videos, and witness statements, and review safety records and compliance with regulations. This comprehensive approach helps establish negligence and documents a compelling case.
  • Expert Collaboration: Construction accident cases often require input from safety experts, medical professionals, and sometimes accident reconstruction specialists. Your attorney will coordinate with these experts to strengthen your claim.
  • Negotiation with Insurance Companies: Insurance adjusters work to minimize payouts. A skilled construction injury attorney understands their tactics and negotiates assertively to secure full and fair compensation for your injuries and losses.
  • Litigation: If a full and fair settlement cannot be reached, your attorney will file a lawsuit and represent you in court. They’ll present evidence, examine witnesses, and argue your case before a judge or jury.
  • Guidance and Support: Beyond legal representation, your attorney provides clear communication about your case’s progress, realistic expectations about potential outcomes, and compassionate support during a challenging time.

Steps to Take After a Construction Accident

The actions you take immediately following a construction site injury can significantly impact your ability to recover compensation.

  1. Seek Medical Attention: Your health is the top priority. Get medical care immediately, even if injuries seem minor. Some serious conditions don’t show symptoms right away, and prompt medical documentation creates a vital record for your claim.
  2. Report the Accident: Notify the construction company, property owner, or site manager about the accident. Request that an incident report be filed and obtain a copy for your records.
  3. Document Everything: Take photos or videos of the accident scene, hazardous conditions, and your injuries. Collect contact information from witnesses. Keep all medical records, bills, and documentation of lost wages.
  4. Avoid Giving Statements: Do not provide recorded statements to insurance adjusters or sign any documents without consulting an attorney. These statements can be used to minimize or deny your claim.
  5. Consult a Construction Accident Lawyer: Contact an experienced Indiana personal injury lawyer as soon as possible. Early legal involvement ensures evidence is preserved, deadlines are met, and your rights are protected from the start.

GET YOUR CASE EVALUATED TODAY

Construction site accidents can turn your life upside down in an instant. The physical pain, emotional trauma, and financial strain can feel overwhelming. You don’t have to face this challenge alone. An experienced Indiana construction accident attorney can evaluate your case, explain your legal options, and fight for the compensation you need to move forward.

Whether you’re dealing with medical bills, lost income, or long-term disabilities, legal representation ensures your voice is heard and your rights are defended. Don’t let the statute of limitations run out or insurance companies take advantage of you. Contact our qualified Indiana construction injury attorneys today to Get Your Case Evaluated and begin the path toward recovery and justice.

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Related Post: Your Legal Rights After Being Injured in a Construction Site Accident in Indiana

The Important Role of Indiana Premises Liability Lawyers: Protecting Your Rights

When you visit a store, a friend’s home, or even a public park, you expect the property to be reasonably safe. Unfortunately, accidents can happen when property owners fail to maintain their premises, leading to serious injuries. If you’ve been hurt on someone else’s property, you may feel overwhelmed and unsure of what to do next. Understanding Indiana premises liability laws is the first step toward protecting your rights and seeking the compensation you deserve.

This guide will walk you through the key aspects of premises liability in Indiana. You will learn about the legal duties’ property owners have, the types of accidents covered, and the crucial steps to take after an injury. By the end, you will have a clear understanding of how an Indiana premises liability lawyer can help you navigate this complex legal area and fight for justice on your behalf.

Call 317-881-2700 to Speak With Our Experienced Indianapolis Premises Liability Lawyers
Call 317-881-2700 to Speak With Our Experienced Indianapolis Premises Liability Lawyers

Duty of Care: What Property Owners Owe Visitors

In Indiana, the legal responsibility of a property owner, known as the duty of care, depends on the visitor’s status. The law categorizes visitors into three types, each owed a different level of care.

Invitees

An invitee is someone invited onto a property for the owner’s benefit, typically for a commercial purpose. Customers in a grocery store, clients in an office, or guests at a hotel are all considered invitees. Property owners owe the highest duty of care to invitees. They must:

  • Regularly inspect the property for hidden dangers.
  • Repair any known hazards in a timely manner.
  • Warn visitors of any dangers that cannot be immediately fixed.

For example, if a grocery store has a leaking freezer that creates a puddle on the floor, the store has a duty to clean it up promptly and place a warning sign to prevent a slip and fall accident.

Licensees

A licensee is a person who is on the property with the owner’s permission but for their own purposes, not for the owner’s commercial benefit. Social guests at a party, a friend visiting your home or a local charity car wash on a property are examples of licensees. The duty of care owed to a licensee is lower than that for an invitee. Property owners must warn licensees of any known dangers, but they are not required to actively inspect the property for unknown hazards.

Trespassers

A trespasser enters a property without any legal right or permission from the owner. Generally, property owners owe no duty of care to adult trespassers, except to refrain from intentionally or recklessly harming them. However, there is a significant exception for children. Under the “attractive nuisance” doctrine, property owners must take reasonable steps to protect children from harm if they have something on their property that might attract them, like an unfenced swimming pool.

Common Accidents Covered Under Premises Liability

Premises liability law covers a wide range of incidents that can occur due to a property owner’s negligence. “Negligence” is the failure to use reasonable care to prevent harm to others. Here are some common, hypothetical examples of a premises liability accident:

  • Slip and Fall in a Grocery Store: A customer slips on a wet floor near a leaking freezer. The store can be liable because it failed to place warning signs or address the spill.
  • Negligent Security in an Apartment Complex: A tenant is assaulted in a poorly lit parking garage with broken security gates. The property management company could be held responsible for failing to provide adequate security.
  • Swimming Pool Accident: A child is injured at a hotel pool that lacked proper supervision, fencing, or safety equipment.
  • Injuries at a Construction Site: A pedestrian is hit by falling debris from a construction site that was not properly secured.
  • Dog Bite on Private Property: A visitor is bitten by a dog that the owner failed to restrain or warn about.

If you have been injured in a similar situation, you may have grounds for a premises liability lawsuit.

Reach Out to Our Indiana Injury Lawyers Today!

Steps to Take After a Premises Liability Accident

What you do immediately following an accident can significantly impact your ability to file a successful claim.

  1. Seek Medical Attention: Your health is the top priority. See a doctor right away, even if your injuries seem relatively minor. This creates a medical record linking the accident to your injuries and makes sure you receive proper medical care.
  2. Report the Incident: Inform the property owner and/or manager and/or an employee about the accident as soon as possible. Make sure an incident report is filled out and ask for a copy of the written incident report.
  3. Document Everything: Take photos and videos of the accident scene, including the hazard that caused your injury (e.g., the wet floor, broken stair, or poor lighting). Also, photograph your injuries.
  4. Gather Witness Information: If anyone saw the incident or was there after the incident, get their names and contact information. Their testimony can be valuable evidence.
  5. Preserve Evidence: Keep the shoes and clothing you were wearing at the time of the accident in a safe place. Do not wash them.
  6. Avoid Speaking to Insurance Adjusters: Do not give a recorded statement or accept a settlement offer from the property owner’s insurance company without first consulting an attorney.
  7. Contact a Premises Liability Lawyer: Experienced Indiana injury lawyers can protect your rights and guide you through the legal process. Do this quickly, before evidence disappears and time runs out on your claim.

How an Indiana Premises liability Lawyer Can Help

Navigating a premises liability lawsuit on your own can be challenging and a mistake can be the difference between winning and losing. An experienced premises liability attorney provides crucial support by:

  • Investigating Your Case: They will gather all necessary evidence, including photos, incident reports, medical records, and witness statements.
  • Determining Liability: Your lawyer will identify the at-fault party and prove that their negligence caused your injuries.
  • Calculating Your Damages: They will assess the full extent of your losses, including medical bills, lost wages, and pain and suffering.
  • Negotiating with Insurance Companies: Attorneys are skilled negotiators who can handle all communications with insurance adjusters to fight for a full and fair settlement.
  • Representing You in Court: If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial and advocate for you in front of a judge and jury.

Compensation Available in Premises Liability Cases

If you win your premises liability case, you may be entitled to compensation for various damages, including, but not limited to:

  1. Medical Expenses: Coverage for past and future medical treatment, including hospital stays, surgery, physical therapy, and medication.
  2. Lost Wages: Reimbursement for the income you lost while unable to work.
  3. Loss of Earning Capacity: Compensation if your injuries prevent you from returning to your previous job or earning the same level of income.
  4. Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
  5. Loss of Enjoyment of Life: Compensation for the inability to participate in activities you once enjoyed.

Frequently Asked Questions

What types of evidence are important in a premises liability case?

Key evidence includes photographs and videos of the accident scene and your injuries, incident reports, medical records, witness statements, and any surveillance footage that may have captured the event and what led to the defect in the premises being there.

How long do I have to file a premises liability claim in Indiana?

In Indiana, the statute of limitations for personal injury cases, including premises liability, is generally two years from the date of the injury. It is crucial to act quickly to ensure you do not miss this deadline.  Some claims must be made within 6 months.

What should I do immediately after a slip and fall accident on someone else’s property?

First, seek medical attention. Then, report the incident to the property owner or manager, document the scene with photos or video, get contact information from any witnesses, and consult with a lawyer before speaking to insurance companies.

Can I still recover damages if I was partially at fault for the accident?

Yes. Indiana follows a modified comparative negligence rule. This means you can still recover damages as long as you are not found to be 51% or more at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your award will be reduced to $80,000.

What costs are involved in hiring a premises liability lawyer?

Most premises liability attorneys work on a contingency fee basis. This means you do not pay any attorney fees unless they win your case. Their fee is typically a percentage of the final settlement or award.

PROTECTING YOUR RIGHTS AND SEEKING JUSTICE

Being injured on someone else’s property can be a traumatic experience with lasting physical, emotional, and financial consequences. You do not have to face this challenge alone. By understanding your rights under Indiana premises liability laws and seeking help from a qualified attorney, you can hold negligent property owners accountable and secure the compensation needed to move forward with your life.

If you or a loved one has been injured in a premises liability accident, taking decisive action is the best way to protect your future. Discuss your case with us today to learn how we can help you on the path to recovery and justice. Initial consultations are free.

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Related Post: Top 5 Mistakes After a Slip and Fall Accident in Indiana

Craven, Hoover, and Blazek P.C. launches New Personal Injury Website in Indianapolis, Indiana

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Personal Injury Attorney Daniel Craven, Keith Blazek and Ralph Hoover have been practicing personal injury law in Indiana for over 30 years. They are well versed and proficient accident attorneys with a passion for helping those that have been injured by another’s negligence.

Here at Craven, Hoover, and Blazek P.C., we are members of The Trial Lawyers of America, the Indiana Trial Lawyers Association, as well as several other notable administrations. And most recently, we have just developed a brand new personal injury website for anyone seeking information regarding accident or injury law.

On our new website, end users can easily navigate through numerous tabs and pages covering topics on everything from Indiana accident law to frequently asked questions, and much more. We cover numerous types of accident and injury information regarding Indiana law; such as auto accident, drunk driving, wrongful death, workers’ compensation, orthopedic injuries, slip and fall, dog bite, product liability, and much more. On top of all of these helpful and wide-ranging pages of various legal subjects, the knowledgeable and gifted accident attorneys at Craven, Hoover, and Blazek P.C. also provide a weekly blog discussing countless personal injury topics and scenarios that help victims find trusted and accurate legal counsel and guidance.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Craven, Hoover, and Blazek P.C. practice personal injury and accident law in Indianapolis, IN. We have successfully recovered compensation for hundreds of injury victims in Indiana. Our teams of highly trained, licensed, and qualified legal representatives are happy to answer any questions about personal injury law. To speak with a live legal representative, call 317-881-2700 to set up a free initial consultation during regular office hours. For the most trusted personal injury legal counsel in Indianapolis, call Craven, Hoover, Blazek P.C. in Indiana today.