Indiana Slip-and-Fall Lawyer
If you were injured falling on someone else’s property, you may be entitled to damages. Indiana property owners may be liable for injuries caused by their failure to apply reasonable slip-and-fall safety standards. An Indiana slip-and-fall lawyer at Stein Law can help you receive full compensation for your injuries.
Approximately 28.1 percent of older Indianans fall every year, according to the Centers for Disease Control and Prevention. Slips and falls are also a leading cause of work-related injury in nearly every segment of the workforce, according to statistics compiled by the Indiana Department of Labor.
Falls can result in serious injuries that sometimes prove fatal and are often preventable. When negligent premises owners fail to address foreseeable harm on their property, they may be liable. An Indiana slip-and-fall lawyer at Stein Law can help injured individuals recover substantial compensation.
A Small Law Firm That Gets Big-Firm Results
Our attorneys have more than 75 years of combined experience helping clients recover significant compensation when they are injured because of the careless conduct of others.
With more than $60 million in recoveries, Stein Law provides the attentiveness a small firm can offer while achieving remarkable results traditionally expected from larger firms.
Below are examples of the feedback we have received from our satisfied clients:
“This law firm worked closely with my husband to obtain the best possible outcome in his personal injury case. They were careful to explain the steps required and readily answered his questions. He appreciated their guidance through the legalities involved to complete the case.” — Elizabeth Hattab
“Amy made me feel comfortable, informed, and above all, fought for me as she would a close family member or friend. She was reasonable, fair, and honest about all aspects pertaining to my case, which is amazing to have in a lawyer. Thanks again, Amy!” — Amberly Burns
How much is my Indiana slip-and-fall case worth?
The value of your slip-and-fall case is determined by such factors as:
- The severity of your injuries
- Your purpose for being on the property
- The extent of medical treatment required for recovery
- The length of time required to recover from your injuries
- Your earnings before and after you were injured
Types of Compensation
The types of compensation available in a slip-and-fall claim may include economic, noneconomic, and punitive damages.
Economic damages are documented financial losses caused by your fall. This begins with the cost of your medical treatment. Medical costs can include acute care, physical therapy, rehabilitation, assistive devices, mental health treatment, and any other costs associated with your well-being after your fall.
You may also miss out on earnings after your slip-and-fall accident. Lost earnings include the earnings you forfeit in the immediate aftermath of your accident and the income you will be unable to earn during your recovery. If your injuries result in permanent disability, you may qualify for a lifetime of lost earnings.
You need not be a wage earner to recover compensation for the value of the work you performed before your injury. If you provide domestic services for your family and you are no longer able to do so, you can recover the value of your services for whatever length of time you are unable to perform them.
A fall injury can severely diminish your subsequent quality of life, and Indiana personal injury law allows you to be compensated for these losses, which may include:
- Pain and suffering
- Loss of society
- Mental anguish
- Loss of enjoyment of life
- Loss of bodily functions
- Loss of consortium
Punitive damages are awarded in rare cases when a jury determines they are necessary to punish a defendant for conduct that was especially egregious. If awarded, Indiana limits punitive damages to the greater of $50,000 or 3 times your total economic and noneconomic damages.
Punitive damages, if awarded, are payable to the court clerk, who will then distribute 25 percent of the damages to you and the remaining 75 percent to the state treasurer. The state treasurer will allocate them to the state crime victim’s compensation fund.
If you become injured after slipping or falling at work, you may be eligible for workers’ compensation. Workers’ compensation provides free medical care for your injuries and pays two-thirds of your average weekly wages, based on the past 52 weeks, up to the statutory maximum.
Can I file a lawsuit if my family member died after falling on someone else’s property?
If your immediate family member has tragically passed away after falling due to someone else’s negligence, your family may qualify for a wrongful death case. According to the Indiana wrongful death law, a personal representative must file the case on behalf of the family. This is usually the executor of the estate.
State law allows the family to recover up to $300,000 for the following damages in a wrongful death case:
- Medical expenses of the deceased
- Funeral and burial expenses
- Loss of love and companionship
Punitive damages and damages for the family’s grief are not claimable in Indiana wrongful death cases.
Premises Liability in Indiana
Property owners are most often the liable party in slip-and-fall cases. However, Indiana case law has established that falling on someone’s property does not automatically impute liability to the owner. You must first establish the following:
- The owner had constructive knowledge of the hazard.
- The owner should have reasonably anticipated you would not recognize the
danger on time or take steps to protect yourself.
- The owner failed to take reasonable steps to provide warnings or eliminate the
Constructive knowledge means the owner knew or reasonably should have known ahead of time that the hazard existed.
Slip-and-Fall Accident Causes
Slips and falls are often preventable. The most common hazards include trip hazards, slippery surfaces, uneven surfaces, poor visibility, and clutter.
Trip hazards are objects or obstructions in walkways that can disrupt a guest’s footing, such as:
- Rugs that are not secured to the floor
- Welcome mats at entrances and exits
- Transitional areas in doorways
- Power cords
- Wrinkles in the carpet
- Tree stumps, roots, or other naturally occurring obstructions
Poor maintenance impacting floors, stairs, asphalt, or cement can create hazardous conditions that lead to falls. This may include:
- Broken stairs and steps
- Missing handrails
- Uneven asphalt in parking lots
- Uneven sidewalk pavement
- Severe sidewalk spalling
- Damaged flooring
- Holes, dips, or raised areas
Slippery surfaces may be created indoors or outdoors. If you have fallen due to the following hazards, the owner may be liable:
- Wet floors with no warning signs
- Transitions in the smoothness of outdoor surfaces
- Worn-out floors
- Wet entrances and exits
- Restrooms with wet spots
Poor outdoor lighting can cause slips and falls in the following areas:
- Parking lots
- Building entrances
Common Injuries in a Slip-and-Fall Case
Injuries in a slip-and-fall accident can be serious. Adults ages 65 and older face the highest risks of severe injuries. In the workplace, slips and falls can also cause severe injuries, especially in construction work, where falls from heights are common.
Traumatic Brain Injury
Falls are the leading cause of brain injuries in adults aged 65 and older. Older adults account for 57.3 percent of deaths and 41.2 percent of hospitalizations for traumatic brain injuries in Indiana, according to the Indiana State Department of Health.
Spinal Cord Injury
Injuries to the spinal cord can lead to paralysis, loss of sensation, disability, and chronic pain. Elderly individuals face a high risk of spinal cord injuries from falls.
Broken hips following a fall are especially common in the elderly. However, anyone can experience one or multiple broken bones after a fall, especially when falling from heights, a common occurrence on construction job sites.
Severe facial injuries following a fall can result in permanent scarring. In addition to potentially interfering with vision or other important functions, disfigurement can cause severe and ongoing emotional distress.
When to Call a Slip-and-Fall Lawyer
When you have experienced an injury caused by someone else’s negligence, Indiana generally limits your time to file a claim to two years. However, an Indiana personal injury attorney will need to investigate the accident, interview witnesses, and review the medical data before filing your suit.
These tasks are necessary to ensure the success of your case, but they can require a significant amount of time. Contacting an attorney as soon as possible will ensure that no stone is left unturned when your case is filed.
How can a slip-and-fall lawyer help?
Your claim will most likely begin with an insurance company. Although they may seem friendly up front, an insurance adjuster’s job is to reduce the compensation the insurance company pays. No matter what they say, insurance company representatives work to support the company’s interests, not yours.
Insurance companies have experience with accidents, which gives them a significant advantage. The personal injury attorneys at Stein Law have the skills and resources to give you, rather than the insurance company, the advantage in settlement negotiations and, if necessary, in court.
How much does an Indiana slip-and-fall lawyer cost?
Stein Law charges no up-front fees. We collect a percentage of your recovery after you win your case. We provide a free case review and advance your case costs, absorbing your risks. You have nothing to lose by retaining the legal team at Stein Law, but your time is limited. Contact us today for a free consultation.