Are you or a loved one facing the aftermath of a slip and fall incident in Indiana? The consequences can be overwhelming, both physically and emotionally. The attorneys at the Marc Lopez Law Firm have a proven track record of helping clients who have experienced a slip and fall incident and are here to help. We will go through the ten most common FAQs and answer them to provide you with the essential insights you need to navigate through this challenging situation.
- Understanding a Slip and Fall Lawsuit
A slip and fall incident can happen anywhere when a property owner neglects to maintain a safe environment, resulting in harm to another person. Such incidents can occur in various places, from grocery stores to restaurants to private residences. If the property owner is aware of hazards present, such as a leaky freezer or faulty flooring, but fails to address them, they can be held accountable and liable for any injuries sustained from employees, patrons, and visitors.
- How Much Time do I Have to File My Slip and Fall Lawsuit in Indiana?
In Indiana, the most common situations involving slip and fall incidents are bound by a two year statute of limitations. Indiana Code § 34-11-2-4(a). If you are filing against a government entity such as a police station, county hospital, or any other government-type entity, you have even less time. Seeking legal counsel immediately after a slip and fall injury is crucial, the attorneys at the Marc Lopez Law Firm can help you understand the appropriate steps for your specific case.
- What Evidence is Required?
When building a slip and fall case, there are four elements which must be established: duty, breach of duty, causation, and damages. Essentially, you need to prove that the property owner was obligated to ensure your safety and by neglecting this obligation, their failure directly contributed to the injuries you suffered and resulted in damages.
The evidence involved in establishing these four elements can be hard to obtain, which is why hiring an attorney is paramount. A slip and fall injury attorney will be able to obtain the necessary witness statements, photographic and video proof, and medical records and bills required to establish all elements.
- How long will my slip and fall lawsuit take?
Slip and fall cases can be drawn-out due to vigorous defense efforts by insurance companies. Despite our efforts to expedite the process, achieving a resolution can take time. This can be particularly distressing for those coping with pain and suffering, both physical and emotional. Rest assured, the attorneys at the Marc Lopez Law Firm are committed to pursuing your case diligently to obtain the most favorable resolution for your case.
- Do I have to go to trial or can I just settle?
The likelihood of a trial depends on the strength of the evidence. If there is substantial proof demonstrating the property owner’s negligence, a trial may not be necessary. In this case, you may be offered a settlement. Hiring a slip and fall injury attorney is crucial, even if the case is settled. They will be able to evaluate the evidence and intricacies of your case to ensure you get the best settlement offer possible. If, however, the insurance company undermines the severity of your situation, a trial may be warranted to obtain maximum compensation.
- How is compensation estimated?
Determining a precise number on compensation is challenging. The compensation you may receive hinges on various factors, including medical records, bills, and lost wages. Typically, the more severe injuries, such as broken bones, result in higher compensation. The extent to which the incident and subsequent injuries have impacted your life directly influence the dollar amount you receive.
- What if I have Pre-existing Conditions?
Concerned about how pre-existing conditions may affect your case? The Indiana Supreme Court references what is known as the “eggshell skull” rule where, “a defendant ‘takes his victim as he finds him.’” The Court further explains that, “[a] defendant is thus liable to the extent that their conduct aggravates a pre-existing condition but is not liable for damages stemming from a pre-existing injury that independently causes harm.” Renner v. Shepard-Bazant, 172 N.E.3d 1208, 1217 (Ind. 2021).
If a slip and fall injury exacerbates an existing health issue, the property owner can still be held accountable for any additional injury and damage. Don’t let the fact that you have a pre-existing condition keep you from fighting for the justice you deserve.
- Dealing with Fault
Even if the property owner attempts to shift blame onto you, Indiana’s comparative fault principle ensures you can still pursue your case. As long as you were not the primary cause of the slip and fall incident, you still may be entitled to some compensation. Although the compensation may be adjusted based on the degree of fault attributed to you, fighting for justice is always worth it.
- Importance of Legal Representation
While you technically can handle a slip and fall lawsuit by representing yourself, called pro se representation, seeking a slip and fall injury attorney is strongly advised. Civil litigation is complex and can be lengthy, and insurance companies often hire legal counsel skilled in exploiting individuals attempting to navigate the process independently. Hiring an attorney with a proven track record of slip and fall cases significantly enhances your chances of obtaining maximum compensation.
- How do I choose the Right Attorney?
Selecting a dedicated, skilled, and communicative lawyer is crucial. Avoid relying solely on flashy advertisements or marketing strategies. It is essential to read online reviews and, ideally, have a direct conversation with the attorney before making your decision. The Marc Lopez Law Firm is just a call away, reach out via phone at 317-632-3642 for a free consultation with the legal team dedicated to turning your frustration into rightful compensation.
At the Marc Lopez Law Firm, we empathize with the frustration experienced by the victims of slip and fall injuries. Allow us to transform that frustration into rightful compensation. Reach out to us today at 317-632-3642, and let us advocate for your rights and wellbeing.
