Tag Archives: Slip and Fall facts

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

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

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

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

A Property Owner’s Duty of Care

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

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

Burden of Proof in a Slip and Fall Accident

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

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

What caused me to slip and/or fall?

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

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

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

If you are injured in a Slip and Fall:

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

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

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

Related Posts:

Is the Landlord Responsible for an Apartment Slip and Fall Accident?
Can I Make an Injury Claim With My Gym’s Insurance Company for a Slip and Fall Accident?
The Key Liability Questions in Slip and Fall Lawsuit

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FAQS About Slip and Fall Personal Injury Claims

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After receiving your initial medical treatment, it is important in a slip and fall injury claim to protect and preserve the evidence and hire an experienced accident attorney to represent you in your case. It is important to take these actions soon after a slip and fall accident takes place in order to be able to prove your case and ultimately win your settlement for compensation.

Continue reading to review some frequently asked questions about slip and fall accident claims, and get a better understanding of what to expect from the process.

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

What are Some Common Causes of Slip, Trip, and Fall Accidents?

Slip and fall accidents are normally caused by hazardous surface conditions, like wet floors, uneven walkways, and poorly maintained parking lots. Additional examples of common causes for slip and fall accidents include wet or slippery floors, cracked sidewalks, defective escalators or moving walkways, jagged walkways, uneven steps, broken tiles, torn carpets, pathway obstructions (debris, rubble, electrical cords, etc.), insufficient lighting, broken, loose or missing handrails, broken ramps, construction zones, grease or oil spills, failure to post warning signs for floors or steps, failure to remove hazards, failure to remove snow or ice, defective ladders, etc…

Who is At-Fault in a Slip and Fall Accident?

Laws surrounding slip and fall accidents and liability vary from state to state, so the circumstances for each case will differ. However, in all states, commercial, public, and residential property owners have a certain legal responsibility (duty of care) to ensure their premises are safe and hazard-free in order to protect any visitors from potential harm.  See our blog, “Defining “Duty of Care” in a Personal Injury Lawsuit” to learn a little more about this legal principle.

What Does the Law Say About Slip and Fall Liability?

Here in Indiana, victims of slip and fall accidents are protected under Indiana Premises Liability law. This means if you slip and fall on another person’s property and suffer serious injuries, you may be entitled to legal compensation for your damages. See our blog, “What is Premise Liability?” to learn more about these laws. It is vital that you discuss your accident and injuries with a seasoned Indianapolis slip and fall lawyer for help making a claim.

Do I Need a Slip and Fall Lawyer?

You absolutely should hire one. A personal injury lawyer who specializes in slip, trip, and fall accident claims will give you the best chance at recovering the full and fair compensation you deserve. Without the help of a lawyer, you will be subjected to managing all aspects of your claim without professional assistance or any sort of concrete legal knowledge. Such claims are highly complex. It is necessary to hire a lawyer to make a personal injury claim for a slip and fall accident if you want to have the best chance of collecting a reasonable and fair settlement.

Should I Provide a Statement to the Insurance Company?

Before talking to any insurance adjusters, it is crucial to hire a personal injury lawyer first. The process of speaking with personal or opposing insurance adjusters or their attorneys is delicate and complex. In fact, it is quite risky.  Insurance adjusters and attorneys are trained to ask questions that can be later argued are to the benefit of their clients. It is crucial to have an experienced slip and fall lawyer on your side during the entire personal injury claim process the same way the defendant has an experienced insurance adjuster or attorney on their side from the beginning. 

How Do I Make a Slip and Fall Claim in Indianapolis?

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed slip and fall lawyer in Indianapolis. Our seasoned personal injury attorneys have extensive trial and litigation experience, and represent injured victims throughout the State of Indiana. We can recover the full and fair compensation you deserve after being injured in a slip, trip, or fall accident. Contact us today to schedule a free initial consultation and have your case evaluated by a knowledgeable slip and fall personal injury attorney you can trust.

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

3 Lies About Slip and Fall Accident Cases

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Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

In the field of personal injury law, slip, trip, and fall cases add up to a significant amount of claims. From wet floors and icy sidewalks, to unleveled concrete and frayed carpeting, slip and fall claims are wide-spread, which means there are several ways a person can sustain serious injuries. As one of the most common personal injury claims, it’s not surprising that there are a few myths surrounding such cases that might confuse the average slip and fall victim.

So to protect yourself and gain clarity, it is wise to learn the truths to these falsehoods. Continue reading to learn the three most common lies about slip, trip, and fall accident claims.

Slip and Fall Myths

❶ You Don’t Have a Case.

Because injury cases can be so complex, many victims are unclear about another’s liability or duty of care. This leads them to believe anyone that tells them they probably don’t have a case. But there are so many minute and complex details that go into the investigatory process of an accident claim, that a person cannot always trust the legitimacy of a slip and fall case at first-glance. This is why you need to consult a personal injury lawyer.

❷ A Warning Sign Was Posted, So You Can’t Sue.

Although a warning sign is standard procedure to alert others of a potential hazard, it does not always exclude a person or entity’s responsibility in a slip and fall claim. There are several other details that go into accidents such as these, and a sign is not enough to entirely eliminate liability.

❸ You Can Only Recover for Economical Losses.

Many slip and fall victims also become victims of this common lie. In personal injury cases, victims can recover compensation for more than just hospital bills, medical expenses, and lost wages. Depending on the severity of the injuries, the extent of negligence, and more, a court can also award compensation for non-economic damages and even punitive damages if the negligence was egregious.

Consult a Personal Injury Lawyer

With so many myths surrounding slip and fall claims, and since they greatly differ individually, it is important to retain the services of an experienced personal injury lawyer that specializes in slip and fall accident cases. They can thoroughly assess your accident and determine whether or not you have a valid claim. If you do, they will represent your case without collecting a single dollar until they prevail for you. This is called a contingency-fee basis, which you can learn more about here.

The Law Office of Craven, Hoover, and Blazek P.C.

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 learn more about slip and fall injury claims in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, specialize in slip and fall accident cases. Our personal injury law firm offers free initial consultations to discuss your accident and assess your eligibility for compensation. And we never collect attorney fees unless we recover for you! Call 317-881-2700 to schedule a consultation with an experienced Indianapolis slip and
fall lawyer, today.

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

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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.