Slip and Fall Attorney Coming to the Aid of Accident Victims Throughout Highland
Slips, trips, and falls may seem small when compared to more extreme liability issues. However, these accidents can still have the potential to cause devastating and life-changing injuries in the wrong circumstances.
If you slip and fall on a property which is owned by a third party, you may be entitled to compensation if they are found liable. If it is found that they have failed to take reasonable precautions which could have been used to keep you safe and well, you may have a case.
What Are The Common Types of Slip And Fall Accidents?
Some of the most common issues seen by legal experts include:
- Floors in disrepair
- Uneven walkways
- Slippery floors with inadequate signage
- Pool accidents
- Inadequate lighting resulting in a fall
- Falling trees or foliage
- Items falling from a higher level, such as a shelf in a store
- Construction site injuries
Do I Have A Case?
When it comes to claiming a personal injury, the way forward is often far from clear. It is common for the owner of the property to defend themselves by trying to state that you must take some portion of the blame for the accident. If they are successful, you may find any settlement awarded by the court to be reduced significantly.
According to Indiana law, “a claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.” Essentially, this means that even if you are found to be partly at fault for the accident, you may still be entitled to compensation from the owner of the property and any other party deemed to be at fault. For this to be the case, your share of the blame must be no higher than 50%, and this will possibly result in you being awarded a total damage amount which is reduced by the percentage of fault attributed to you.
As an example, if you are found by the court or jury to be 10% responsible for your fall, any damages you receive will be reduced by 10%.
How Can I Determine Liability?
In order to be successful in your case, you will be required to establish or prove liability. This means proving that the other party must take legal responsibility for any injuries or property damage obtained in your fall or accident. For this to be the case, one of the following statements must be true of the property owner or possessor:
- The owner/possessor knew the condition existed and negligently failed to correct it; or
- The condition existed for such a length of time that the owner/possessor should have discovered and corrected it before the incident in question
In order to be successful in recovering damages for a slip or trip on a third party’s property, there must be a responsible party, whose negligent actions caused your injury – this is very different from an accident caused by your carelessness.
Ultimately, it will be the decision of the judge or jury as to whether the owner or occupier exercised reasonable care and whether the steps they took to ensure safety were reasonable.
How Long Do I Have?
The statute of limitations placed on slip and trip cases in Indiana is generally two years for adults, meaning you have two years after the date of the accident to begin legal proceedings. This echoes the requirements and limitations in place for personal injury claims, and states that “an action for: (1) injury to person or character; [or for] (2) injury to personal property…must be commenced within two (2) years after the cause of action accrues.” Minors generally have until they turn 20 years old. Cases against governmental entities and schools have additional filing requirements and shorter deadlines. Consult a personal injury attorney in Highland soon after the incident to determine the deadlines for your particular claim.
How Do I Proceed?
If you feel you may have grounds for a personal liability or property damage case as a result of your fall, you should seek the services of a qualified attorney. Here at Hilbrich Law Firm, we can help. We have worked in Highland for many years, and our team has the skills and knowledge to help you determine liability and advise you on the best course of action for your circumstances. Give us a call at (219) 924-2427 and let us work for you when you need help most.