Were you injured on someone else’s property? Did you hurt your back when you fell in a grocery store? Did you slip and fall on wet floors at your office? Did you trip because a tree root had broken a piece of sidewalk? You may be entitled to compensation.
We encourage you to call us if you were injured, even if you think your case is small. At Sarkisian Sarkisian & Associates, we have successfully handled hundreds of premises liability cases. We know that even minor injuries can develop into major ones, and what can happen when people wait to get help.
Call our offices in Portage and Valparaiso at 219-248-2890 for help throughout Northwest Indiana and Illinois. We will schedule you for a free consultation.
What Is Considered A Valid Slip-And-Fall Claim?
You can recover for injuries on public or private land, inside or outside and at a commercial or residential property. In the most general terms, you could have a valid claim for personal injury compensation anywhere there is an unsafe condition that causes you to suffer injury.
Can you do anything to protect your case? Yes! Essentially the same rules apply whether you slip on a property or are in a crash. Snap pictures on your cellphone, talk to witnesses and get their contact information.
Common dangerous or hazardous conditions include:
- Cracked or uneven sidewalks
- Ice or snow that has not been properly removed
- Unsafe work sites
- Spilled liquid or debris left in the aisles
- Wet floors that lack warning signs
- Slippery surfaces around pools
- Uneven transitions between flooring
- Overgrown plants that block visibility at intersections
- Poorly designed parking lots
- Dangerous playground structures
- Railings that are flimsy or too short
- Staircases that have rotten wood
- Decks that are not properly attached
- Inadequate lighting
- Inadequate security measures
What Damages Can I Receive In A Slip-And-Fall Claim?
If you are injured in a slip-and-fall accident, you may deserve significant compensation. Some areas to consider include:
- Lost wages if you have to miss work after your injury
- Medical bills for emergency treatment, medication, doctor visits and more
- Reduced earning capacity if your injury prevents you from returning to work or requires you to take a lower paying position
- Long-term medical needs such as in-home care or physical rehabilitation
- Pain and suffering you experienced during and after the slip-and-fall accident
- Compensation for a disability or disfigurement if you suffered serious injuries
Every case is unique, but our team can help you review your injuries, gather medical evidence, take other steps to protect your rights and seek the compensation you truly deserve from the responsible parties. Slip-and-fall accidents can often lead to spinal cord injuries (SCIs), traumatic brain injuries (TBIs), compound fractures and other serious injuries, so it is crucial to seek compensation to cover the extensive costs.
What Evidence Is Needed To Win A Slip-And-Fall Claim?
Typically, there are two areas to consider as it pertains to evidence as you seek to win your case.
First, it needs to be shown that another party was responsible for the slip-and-fall accident, likely through negligence. For example, a business owner may have failed to clean up a spill, leading to slick floors, or a parking lot or sidewalk may have been poorly maintained. It must be demonstrated that negligence caused the dangerous property conditions that led to your slip-and-fall accident – an incident that wouldn’t have occurred otherwise. Once negligence is established, the at-fault party may be held responsible for your financial damages.
Secondly, you need to show that your injuries were directly caused by that accident and caused you documented financial harm. This is when it is helpful to gather medical records and obtain statements from medical professionals regarding the specific injuries you suffered, the care you will need, how long your recovery is expected to take, the cost of projected treatment and more. We help every step of the way.
Do You Believe You Have A Premises Liability Claim? We Will Evaluate Your Case For Free.
You know you have been injured, but you might not know if you have a claim. That is OK. Do what you can to document the hazard, like taking pictures of the debris you tripped over, and call us. We can help you evaluate your case in a free initial consultation with a lawyer.
You won’t pay us any attorney fees unless we win your case and until you receive compensation. Call our offices at 219-248-2890 or send us an email to schedule your free consultation.
Frequently Asked Questions About Slip-And-Fall Claims
1. How long do I have to file a slip-and-fall claim in Indiana?
You usually have two years from the date you were hurt to file a lawsuit against a private property owner. If your fall happened on government property, like a city sidewalk or public building, you have just 180 days to file a written notice of claim under the Indiana Tort Claims Act. That means it’s especially important to act quickly in these situations.
2. What if I was partly responsible for my own fall?
Indiana uses a modified comparative fault rule. You can still get compensation if you are 50% or less at fault, but your payment will be reduced by your share of responsibility. If you are more than 50% at fault, you cannot recover damages. That’s why having an attorney to challenge unfair blame is important.
3. Does a property owner’s duty of care depend on why I was there?
Yes. Property owners owe the most care to invitees, like customers or invited guests. This means they should regularly check the property and fix or warn about hazards. The duty to licensees or trespassers is less, so your classification can make a big difference in your claim.
4. What if the hazard I tripped over was “open and obvious”?
Indiana has an open and obvious rule. If the hazard was clearly visible and you should have noticed and avoided it, your recovery can be reduced or denied. This rule does not always defeat a claim, but insurance companies often use it as a defense.
5. What if my fall happened on city or government property?
Claims against government agencies are different from those against private property owners. Indiana’s Tort Claims Act says you must give written notice within 180 days of your injury. If you miss this deadline, you could lose your right to make a claim, even if the two-year lawsuit deadline has not passed.
6. How much is my slip-and-fall claim worth?
Each case is unique, but you may be able to recover money for medical bills, lost wages, reduced earning ability, long-term care, and pain and suffering. The amount depends on how serious your injuries are, how clearly negligence can be proven, and if comparative fault is involved.
7. What should I do right after a slip-and-fall accident?
Get medical help even if your injuries seem minor, because some problems, like soft tissue injuries or mild concussions, may not show up right away. Take photos of the hazard before it is cleaned or fixed, collect contact details from any witnesses, and report the accident in writing to the property owner or manager.
8. Why should I choose Sarkisian Sarkisian & Associates for my premises liability claim?
Our attorneys have handled hundreds of premises liability cases in Northwest Indiana and Illinois. We understand how quickly insurance companies try to put the blame on injured people. We work on a contingency fee, so you pay nothing unless we win your case. Call us at 219-248-2890 for a free consultation.
