A slip and fall accident may seem benign. But the truth is, slip and fall accidents can be serious, and even more so the older you get. 

If you’re injured from falling on someone else’s property, a personal injury lawyer can help you understand all the ramifications of your accident and help you receive compensation for your injury if it was caused by someone else’s negligence.

Understanding Slip and Fall Accidents

When you’re in public, you expect a certain level of safety from bodily harm, such as level sidewalks and well-maintained businesses. You shouldn’t have to worry about hazardous conditions on your way to run a simple errand or to go out for lunch. 

However, every year, many people sustain injuries from slip and fall incidents due to poor maintenance or unattended spills in places like grocery stores. In fact, falls are the leading cause of emergency room visits, with over 8 million per year. Of those, 12% — or over 1 million emergency room visits — are from slip and fall accidents.

In Indiana, some of the most common slip and fall injuries are from:

• Wet floors: Spills in grocery stores, restaurants, or on public sidewalks that create slippery surfaces.
• Uneven flooring: Broken sidewalks, loose carpeting, or changes in floor level that cause tripping hazards.
• Poor lighting: Dim lighting that makes it difficult to see obstacles and uneven surfaces.
• Winter weather hazards: Failure to remove snow or ice from walkways that leads to dangerous conditions.

This is not an all-inclusive list. But if you’re injured in a slip and fall accident on someone else’s property, you may have grounds for a personal injury claim.

The Legal Framework of Slip and Fall Cases

Personal injury cases — including slip and fall accidents — are often settled outside of court. Many cases will end in what we call the pre-suit phase, or everything from the day your accident occurs until you file a lawsuit. This includes gathering evidence, seeking medical care, and pursuing damages from the person at fault.

Once you’ve collected evidence surrounding your injury, you can put together a demand package detailing what you believe is fair compensation, and deliver it to the at-fault party’s insurance. If you can come to terms with the insurance on an amount you think is fair, you’ll receive a payout from them and your case is effectively closed.

If you can’t reach an agreement at this stage, you can file a lawsuit to try and recover compensation. But that doesn’t mean you’ll go straight to court; you can still settle your case in mediation, which is when both parties sit down with a mediator to try and come to terms. 

If mediation is unsuccessful, you can proceed to a trial by jury. Keep in mind that if you can avoid going to trial, you’ll usually get compensation much sooner than if you do. Going to trial also puts you at a greater risk of not receiving compensation at all, since the amount you receive will be up to the jury on your case.

Components of a Successful Slip and Fall Lawsuit

If you go to trial, a key component of your success will be proving negligence of the property owner. 

In Indiana, slip and fall claims are governed by what is known as premises liability. Essentially, this means that property owners are responsible for maintaining a safe environment for anyone who is legally on their premises. You must prove to the jury that their negligence or failure to act directly caused your injury.

Additionally, Indiana’s statute of limitations on personal injury claims is two years from the date of your accident. So while you need to seek medical treatment and take care of your injuries, keep in mind that time is of the essence. If you plan to seek compensation, it’s best to get the ball rolling early so you don’t miss your window of opportunity.

Slip and Fall Settlements

The amount you receive in damages from your slip and fall case will vary based on several factors:

• Severity of Injuries: More serious injuries typically result in higher settlements. 
• Pre-existing Conditions: If you have any pre-existing conditions, they might affect the amount of compensation awarded because it could be argued that your injury was not from the slip and fall.
• Comparative Fault: Indiana follows comparative fault laws, meaning any fault you share in the accident can reduce your compensation. If you’re found 51% or more at fault, you will receive no compensation at all.
• Insurance Coverage: The property owner’s insurance coverage will play a role in determining the available settlement amount.

Keep in mind that should your case go to court, you will have to provide evidence that you deserve the compensation you’re asking for. You’ll need to provide medical information, and other evidence such as witnesses to your injury, or friends who can attest to you suffering from ongoing pain. Keep track of anything and everything related to your case — you don’t know what might end up being the key piece that sways a jury.

Damages Associated with Slip and Fall Injuries

In legal terms, damages is the money you receive as compensation for injuries you’ve received. Common types of damages you can expect in a slip and fall case are medical expenses, lost income, pain and suffering, and mental or emotional distress. 

It’s important to note that many of these damages include both expenses you’ve already incurred — such as a required surgery immediately after the accident — but also future expenses such as ongoing physical therapy or a future surgery. You can also pursue damages for ongoing impacts of your injury, such as changes in your mental health because of a traumatic brain injury. 

Finding the Right Legal Help

Like most personal injury cases, you are not required to have a lawyer for a slip and fall claim. But navigating the legal system on your own can often add stress and anxiety on top of the injury you’re trying to recover from.

For over 70 years, BB&C has been a leading advocate for injured individuals in Indiana. Our team of professionals has extensive experience in handling personal injury cases of all types. We are dedicated to providing our clients with the highest quality legal representation.

We understand that a personal injury can have a significant impact on your physical and mental health. If you have been injured because of someone else’s negligence, contact BB&C today for a free consultation with a personal injury lawyer. We are here to help you get back on your feet.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.