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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Slip and Fall in Indiana

Slip and fall accidents can happen to anyone, anywhere, and they often leave behind more than just physical injuries. Such casualties can leave a trail of medical bills, lost wages, and emotional distress. 


These incidents can be more than just simple mishaps—they can be grounds for legal action. Unlike other lawsuits, slip-and-fall accident cases are not always straightforward. The fault could lie with the property owner, the victims, or both under comparative negligence. 


Personal injury law is challenging to maneuver without the help of a slip-and-fall lawyer, so people shouldn't waste time contacting a reputable law firm for their fall injury. They are also able to assist with how to file a lawsuit for construction accident in Indiana.


Step 1: Reporting the Slip-and-Fall Accident 

Step 1: Reporting the Slip-and-Fall Accident 


When life throws a curveball in the form of a slip-and-fall accident, the first step is essential—reporting the incident. 


It might seem like a minor inconvenience, especially if the victim only suffered a few bumps and bruises. Still, documenting the slip-and-fall accident is essential for building the case later.


However, what exactly does reporting entail? Well, it's simple. As soon as the accident happens, the victim must inform the property owner, manager, or whoever is in charge of the premises. 


They need to be aware of what happened, not only for the plaintiff's sake but also to ensure they take measures to prevent similar incidents in the future. 


Most establishments have procedures in place for handling accidents, so claimants shouldn't hesitate to ask for a slip-and-fall report form or any other necessary paper.


Step 2: Receiving Medical Treatment 


Plaintiffs shouldn't brush off their injuries or assume that they'll heal on their own. Instead, it's essential to visit a healthcare professional as soon as possible for a thorough evaluation. 


This ensures victims receive the appropriate treatment and provide written evidence of their injuries. Medical records can change the entire outcome of a slip-and-fall lawsuit. 


Step 3: Hiring a Slip-and-Fall Accident Lawyer 


A qualified attorney can help clients understand their rights and options. From evaluating the strength of the slip-and-fall case to negotiating with insurance companies, a skilled lawyer can be the greatest ally in seeking maximum compensation. They can provide more information on how to file a lawsuit for a dog bite in Indiana as well.


Statute of Limitations in Premises Liability Cases in Indianapolis 


The clock is ticking when it comes to slip-and-fall accidents on someone else's property. In Indianapolis, like in many other places, there are specific deadlines for filing a slip-and-fall lawsuit.


Missing the window of opportunity may result in losing the right to seek compensation from the property owner's insurance company altogether.


The statute of limitations for premises liability cases in Indianapolis varies depending on the type of injury and the circumstances surrounding the incident. 


Victims usually have two years from the date of the accident to file a slip-and-fall claim. However, it's essential to know that the statute of limitations is not set in stone.


There are circumstances where the court may extend or toll it, such as in slip-and-fall cases involving trespassers or people with mental incapacities.


On top of that, certain factors, such as discovering an injury long after it happened, may also affect the deadline for filing a slip-and-fall claim.


Common Damages in a Slip-and-Fall Lawsuit


From broken bones to mounting medical bills, the aftermath of slip-and-fall accidents can be overwhelming. 


Medical Expenses 

The most immediate and obvious damage resulting from a slip-and-fall accident is the cost of medical treatment. Unfortunately, the bills can quickly pile up, leaving victims with a hefty financial burden. 


Claimants can recover compensation for prescription medication, rehab, and hospital stays in a successful slip-and-fall claim.


Pain and Suffering 

In addition to physical injuries, slip-and-fall accidents can also take a toll on a person's emotional well-being. The mental anguish and physical discomfort can be long-lasting. 


Although not as easy to quantify as economic damages, a slip-and-fall case does create opportunities for victims to recover intangible losses from the at-fault party. 


Lost Wages 

Fortunately, lost wages are another type of damage that victims can recover in slip-and-fall cases. 

By calculating the income they would have earned had the accident not happened, plaintiffs can seek compensation for the wages they've lost due to their fall injuries.


Property Damage 

While property damage may seem unimportant compared to physical injuries, it's still a valid form of damage that victims can recover in a lawsuit for fall accidents. 


Slip-and-fall cases hold property owners accountable for many types of charges, even when the victim is not 100% in the clear.


When Is the Property Owner Guiltless in a Slip-and-Fall Incident?

When Is the Property Owner Guiltless in a Slip-and-Fall Incident?


Determining fault isn't always as straightforward as it seems. While property owners have a duty to maintain safe premises for visitors, there are instances where they may not be liable for accidents that happen on their property. For more information, a slip and fall attorney in Indianapolis may be able to help.


  • Negligence 

One of the key factors in determining liability according to slip-and-fall laws is negligence. In other words, was the property owner negligent in maintaining their premises, or did they take reasonable steps to prevent casualties? 


If the property owner can demonstrate that they exercised reasonable care in maintaining their land and addressing potential hazards, the court may not hold them responsible for the accident.


  • Open and Obvious Hazards

In some cases, the hazard that caused the slip and fall may have been open and obvious to the injured party. 


If there was a clearly-marked wet floor sign or a visible crack in the pavement, the property owner may argue that the hazard was readily apparent. Thus, the injured party should have taken precautions to avoid it. 


  • Trespassing

Property owners owe a duty of care to lawful visitors and guests who have permission to be on their premises. However, this duty does not typically extend to trespassers.


  • Act of God

Finally, there are circumstances beyond anyone's control that may contribute to a slip-and-fall incident.

Natural disasters like earthquakes, floods, or severe storms can create hazardous conditions that are impossible for property owners to prevent or foresee.


Conclusion 


Slip-and-fall accidents can disrupt lives in an instant. While the road to justice may seem unclear at first, it's not impossible to pursue with the help of Schuerger Shunnarah Trial Attorneys. Stating, "We Go to War for You," its trusted lawyers will support clients every step of the way. 

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