Understanding Slip and Falls
Slip and falls can happen anywhere – at the grocery store, on a sidewalk, in a parking lot, or inside an apartment building. Wet floors, uneven pavement, poor lighting, or ice that hasn’t been cleared all create hazards that put visitors at risk.
In Indiana, these cases fall under premises liability law. Property owners and managers have a legal duty to keep their spaces reasonably safe. When they fail, and someone gets hurt, they can be held responsible.
For many people, the aftermath of a slip and fall brings not only pain, but also embarrassment, stress about medical bills, and uncertainty about whether a claim is even possible. The Marc Lopez Law Firm wants you to know that you don’t have to face this alone.
What Should I Do After a Slip and Fall in Indiana?
The steps you take immediately after a fall can make or break your case.
Here’s what to do right away:
- Get medical attention. Even if you think your injuries are minor, symptoms can worsen or appear later.
- Document the scene. Take photos or videos of the hazard, surrounding area, and your injuries.
- Report the incident. Tell the property owner or manager, and request a copy of the report.
- Gather witness information. Ask bystanders for help and get their contact details.
- Preserve evidence. Keep damaged clothing, broken phones, or anything else that shows the impact of your fall.
- Call an attorney. Speaking with an Indiana slip and fall lawyer early can protect your rights.
Slip and fall cases often have less obvious evidence than car crashes. The more you can capture right away, the stronger your case will be.
Can You Sue for a Slip and Fall in Indiana?
Yes, you can file a lawsuit for a slip and fall in Indiana if negligence can be proven. To win compensation, you generally need to show that:
- The property owner or manager owed you a duty of care.
- They failed to fix or warn about a dangerous condition.
- That hazard directly caused your injuries.
Indiana follows modified comparative fault rules. If you’re found more than 50% at fault for your fall, you can’t recover damages. If you’re less than 50% at fault, you can still recover but your compensation is reduced by your percentage of fault.
How Long Do I Have to File a Slip and Fall Claim in Indiana?
Under Indiana law, you typically have two years from the date of the incident to file a personal injury lawsuit.
There are exceptions:
- If the fall happened on government property, you may need to file a tort claim notice within just 180 days.
- If the victim is a minor, the two-year period starts on their 18th birthday.
Waiting too long can mean losing your right to compensation altogether, so it’s important to act quickly.
What to Expect in a Slip and Fall Case
A slip and fall claim usually involves:
- Investigation and evidence gathering (photos, reports, medical records, witness statements).
- Medical treatment and documentation of your injuries.
- Negotiations with insurance companies (who often try to deny or minimize claims).
- Possible litigation if a fair settlement isn’t reached.
Slip and fall cases are challenging, but with the right legal team, they can be won.
How the Marc Lopez Law Firm Helps
At the Marc Lopez Law Firm, we understand how overwhelming it can feel to deal with injuries, lost wages, and mounting bills after a fall. Our team works to:
- Preserve critical evidence before it disappears.
- Build a clear and compelling case for liability.
- Protect you from insurance company tactics.
- Fight for the compensation you deserve for medical costs, lost income, and pain and suffering.
We know these cases are tough, but we’re ready to do the work it takes to win.
Slip and Fall FAQs
Do I need to prove negligence in a slip and fall case in Indiana?
Yes. You must show that the property owner knew or should have known about the hazard and failed to fix it or warn you.
What damages can I recover in a slip and fall claim?
Compensation may include medical bills, lost wages, pain and suffering, and costs related to damaged personal items.
Should I talk to the insurance company after my fall?
Not without legal advice. Insurance adjusters are trained to minimize payouts. Speak with an Indiana slip and fall attorney first.
What if I was partly at fault?
You may still recover damages as long as you were less than 51% at fault. Your recovery is reduced based on your share of fault.
Make the Right Call
Slip and falls in Indiana can change your life in an instant. You don’t have to fight this battle on your own. Call the Marc Lopez Law Firm today at 463-276-5737. Let us turn your frustration into compensation.
