Slip and fall injuries can occur at almost any given premises. A person may slip or trip and fall due to the property owner’s negligence. These injuries are very common and the Centers for Disease Control and Prevention reports that approximately 800,000 persons are hospitalized every year because of fall injuries in the United States. It also reports that fall accidents are the most common cause of traumatic brain injuries.
Some common examples of slip and fall injuries include pool drowning, injury due to slippery floors, construction site injuries, and getting hit by falling objects. The victim can file a personal injury claim against the property owner to receive compensation for the harm caused by these injuries. Some of the damages that can be recovered include medical bills, emotional distress, lost wages, loss of companionship, and wrongful death.
Common Injuries After Slip and Fall Accidents
Slip and fall accidents can cause severe injuries to the victim and may even lead to death. Some common injuries associated with slip and fall accidents are:
- Traumatic brain injuries including brain aneurysms
- Neck, back, and spinal cord injuries
- Lacerations and bruises
- Broken bones
- Hip fracture
Determination of Liability
It’s the property owner’s duty to take care of his or her premises. If there is a breach of this duty and an injury occurs due to the lack of maintenance of the premises, the property owner may be held liable for a slip and fall injury. For example, if a customer gets injured due to broken chairs in a restaurant, the restaurant owner may be held liable.
It’s common practice in Indiana slip and fall cases for the property owners or their insurance companies to shift the blame for the accident upon the victim. Indiana follows a modified comparative fault system, which means that if any percentage of the blame is attributed to the victim, his or her compensation may be significantly reduced. The victim may not be entitled to receive any compensation if his or her share of the fault is higher than 50%.
Damages in a Slip and Fall Accident
The victim of a slip and fall accident may be able to claim the following damages:
- Costs for medical bills including hospital expenses, doctor’s fee, x-rays and scans, and rehabilitation services.
- Compensation for lost wages or income.
- Compensation for loss of earning capacity.
- Compensation for pain and suffering including mental, emotional, and physical stress, depression, loss of companionship.
Hiring a Slip and Fall Attorney
The comparative fault system can make it difficult to determine the liability in slip and fall accidents. An attorney will help the victim in evaluating his or her case and may be able to get the highest possible compensation for his or her injuries.
Not only will an attorney fight for the victim’s rights in the court, but he or she will also make sure that the victim is offered fair compensation while negotiating with insurance companies. The property owner or his or her insurance company may try to evade responsibility by blaming the victim or use delaying tactics to tire out the victim. By hiring an attorney, the victim can make sure that the negotiation process is swift, smooth, and fair.
Get in Touch With an Indiana Slip and Fall Attorney
Slip and fall injuries can have life-changing consequences for the victim and may also cause enormous mental and financial strain. Dealing with the legal proceedings after an injury can only add to the victim’s suffering. If you or a loved one has suffered a slip and fall accident in Indiana, consider reaching out to us at Stewart & Stewart. We offer a free, no-obligation case review to the victims of slip and fall accidents.