Are you recovering from a slip and fall accident? Negligence may be to blame for your recent losses. You have the right to investigate your accident and bring evidence of applicable negligence forward in Whitestown, IN, civil courts. Whitestown personal injury lawyers can help you initiate an investigation and hold the right parties accountable.
In doing so, our team can help you secure the financial support you need to contend with your accident’s related bills. Don’t let medical expenses, property damage, or lost wages keep you from living life as you deserve. You can negotiate for a settlement in out-of-court meetings or request that a judge weigh your argument for support against a liable party’s defense.
Landowners Owe You a Duty of Care
When you step onto someone else’s land, that landowner assumes a duty of care for you. That duty dictates that said landowner must take reasonable steps to protect you from harm. In terms of slip and fall accidents, this means that a landowner should:
- Care for their land in such a way as to prevent you from coming into contact with natural hazards
- Mark spills or other dangerous areas
- Salt sidewalks and other surfaces in the winter to prevent a buildup of ice
- Work with experts to have hazards fixed or removed from the property in a reasonable amount of time
A landowner who fails to uphold the duty of care owed to you becomes liable for any injuries you suffer in a slip and fall accident on their land. You can, as such, name a landowner or related parties liable for your slip and fall losses if you take your case to civil court.
Slip and Fall Accidents Versus Premises Liability Accidents
There’s a lot of overlap between today’s premises liability and slip and fall accidents. Slip and fall accidents are, in many ways, a subset of the category of premises liability cases. Premises liability cases subsequently address a larger range of accidents, including theft, assault, and endangerment.
That said, both of these cases require you to know what role you took when on another person’s property. Your role may entitle you to compensation, or it may make it more difficult for you to secure financial support. For example, invitees and licensees are entitled to a landowner’s duty of care, while trespassers are not.
The only time a trespasser benefits from a duty of care in either a premises liability or slip and fall case is when that trespasser is a child. Indiana’s attractive nuisance doctrine can hold landowners liable for hazards on their properties if those properties have features that a child might naturally gravitate toward.
Proving Negligence in a Slip and Fall Accident Case
When it comes time to prove negligence after a slip and fall accident, turn to the evidence available at the scene. What video footage is there of your fall? What do bystanders say happened? Can expert witnesses recreate the scene so that a court can better understand the circumstances that led to your losses?
While you can gather this information on your own, particularly when first reacting to a fall, our attorneys can also bring evidence forward on your behalf. Vaughan & Vaughan’s slip and fall accident lawyers in Whitestown can turn to their extensive network of professional connections to help build you a case that accurately reflects the nature of your accident.
Calculate Your Slip and Fall Damages
Our attorneys advocate for your right to a slip and fall accident claim because that claim gives you the right to demand compensation for your losses from a liable party. That compensation can help you pay your medical bills, replace damaged property, and make up for lost wages.
That said, Indiana courts expect you to calculate your case’s estimated value before you argue for your right to support. Our team bases your right to compensation on what evidence of economic and non-economic losses we can bring forward. In general, your slip and fall accident can entitle you to damages covering:
- Medical expenses
- Emotional distress
- Mental anguish
- Pain and suffering
- At-home recovery care
- Unpaid time away from work
- The restoration or replacement of property damaged in your fall
Submit a Civil Claim to an Indiana Court
Indiana categorizes slip and fall accidents as personal injury cases. As such, the state applies its personal injury statute of limitations to slip and fall cases. You have no more than two years to bring your case forward in civil court, as established by Indiana Code section 34-11-2-4.
This statute of limitations is firm. Indiana courts have the right to dismiss cases filed outside of this deadline. Fortunately, experienced attorneys let you focus on recovering from your injuries while investigating your Whitestown slip and fall accident. As such, you can file your claim on time without compromising your right to a full recovery.
Defend Your Right to Financial Support
You get to choose how your case progresses after a court moves it forward. As a slip and fall accident survivor, you can negotiate for the support you deserve. Our attorneys can stand with you throughout this process and help you estimate the total sum value of your losses. We can prevent a liable party from trying to undervalue your losses.
That said, a liable party may prove uncooperative in negotiations or may refuse to meet you. Liable parties cannot, however, ignore a summons to civil court without facing serious consequences. You can proceed with a slip and fall accident trial to benefit from the oversight of a jury and judge.
It’s Time for Our Team to Fight for You
Slip and fall accidents can happen anywhere: at work, while you’re out shopping, and even on a friend’s property. The severity of these accidents ranges from inconvenient to permanently devastating. No matter what post-accident consequences you’re dealing with or where you were when an accident took place, though, you have the right to discuss your losses with an attorney.
Whitestown, IN, slip and fall accident lawyers understand that many people don’t know how to initiate a slip and fall accident case. That’s why Vaughan & Vaughan offers its services to slip and fall accident survivors in need. You can reach out to our team over the phone or online to schedule a case consultation with experienced professionals.
Together we can help you secure the financial support you need to contend with your accident-related expenses.