Filing Insurance Claims After a Slip and Fall

Uncategorized Dan - December 2, 2019
Indianapolis Personal Injury Lawyer

Sadly, slip and fall accidents occur every day and cause severe injuries to innocent victims.  Under Indiana state law, an injured victim has two years to make an insurance claim against a property owner in order to obtain compensation for the injuries suffered as a result of a fall.  

Due to the complex and challenging legal issues surrounding this type of claim, a victim of a slip and fall should seek the representation of an Indianapolis personal injury attorney at Blackburn & Green. Call us today at (317) 489-4700 or contact us online to learn how we could assist. 

What is a Slip and Fall?

A slip and fall accident claim is a type of premises liability claim made by an injured person against a property owner. In a slip and fall claim, the accident victim alleges that the property owner knew about a dangerous condition on his or her property but negligently allowed the condition to remain on the property for an unreasonable period of time. Dangerous premises conditions could include any of the following:

  • Wet or slippery floors
  • Ice
  • Broken or uneven flooring
  • Poor lighting
  • Loose steps or handrails
  • Uncollected debris

Under Indiana law, a property owner must use a reasonable level of care to maintain his or her property, rectify hazardous conditions, or warn of the hazardous condition’s existence. The level of care a property owner must exercise to maintain his or her property changes according to the individual’s reason for being on the property (e.g., business visitors or social visitors). 

What an Attorney Can Do to Help

An Indianapolis personal injury attorney can first evaluate and investigate your claim. A diligent lawyer can investigate the facts surrounding the hazardous condition, obtain evidence in the form of photographs or video surveillance footage, and obtain information regarding prior incidents on the subject piece of property. This improves an injured accident victim’s chances of receiving financial compensation for his or her injuries. 

Making a Claim and Negotiating 

Following an investigation, your lawyer can present your claim to the property owner’s insurance carrier. The prior investigation and the facts gathered from it are essential at this stage, as insurance companies often deny slip and fall claims on the basis that the hazardous condition was open and obvious. While Indiana law recognizes that an injured victim should exercise proper caution when faced with an open and obvious hazard, evidence gathered by an experienced Indianapolis personal injury attorney could help to negate this argument.

Compensation and Settlement

A victim who suffers injuries as a result of a slip and fall may be entitled to financial compensation. Economic damages are those that are meant to make a person whole again and include compensation for medical expenses, physical therapy bills, and lost wages. Non-economic damages are meant to compensate an injured individual for pain and suffering resulting from injuries suffered in the slip and fall accident. An Indianapolis personal injury lawyer will submit a settlement demand to the insurance carrier and attempt to negotiate a favorable financial settlement on behalf of the injured victim.

Speak to an Indianapolis Personal Injury Lawyer

Sometimes, insurance companies refuse to settle claims or convey minimal offers in valid slip and fall cases. The aggressive legal team at Blackburn & Green can make a difference during the claims process, or if need be, at trial. To schedule a free consultation and case evaluation with an Indianapolis personal injury attorney, please call us today at (317) 489-4700 or contact us online for more information.



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