Premises Liability Claims FAQ

Shaw Law addresses common premises liability legal questions. Contact us today at (260) 777-7777 for detailed information on your case.

Do I Need a Lawyer in a Premises Liability Case?

Indiana law says that an injured person can recover for:

• medical bills
• lost wages
• lost future wages (impairment)
• disfigurement (scars from surgery or lacerations)
• mental anguish (often called "pain and suffering" damages)

Without the support of an experienced Indiana premises liability lawyer like Attorney Jeff "JJ" Shaw, you could expose yourself to several different types of risks such as accepting a settlement offer that is far too low for the injuries you have sustained or signing a release unwittingly and losing your right to future compensation.

Our attorney will help you to decide whether an end to the case is within your best interests and help you to respond and manage requests, questions and phone calls from the homeowners' insurance company or other stakeholders involved in your premises liability claim. In every phase and aspect of your case, it is essential to have an attorney who knows the lay of the land and one who can help you to recover as much funds as possible for your pain and suffering, lost wages, other expenses directly linked to the accident.

Do Stores Have to Remove Snow from Their Property?

There are laws based on the individual state that may or may not require store owners to remove snow. It is simply good planning and minimizing risks for owners of retail premises to have a snow removal and other inclement weather removal program. This is because people can easily slip and fall on ice or snow, sustaining injuries or even damaging the property of the business.

Property owners and residents in Indiana are not allowed to remove snow and transfer it into a public roadway. However, there are other laws that have to do with sidewalks when it comes to slip and falls. In general, it falls to the responsibility of the property owner to take snow off walkways and other areas that visitors could hit and fall down. If a person removes snow from a public path or walkway, he or she could be held liable if a person experiences an injury because of the snow removal.

In a slip and fall case involving snow, you must be able to show that the property owner or manager knew about the condition or had reason to discover it and failed to take appropriate action to minimize the risks. If you slipped and fell or tripped and fell because a property owner did not to physical due diligence to remove dangerous conditions on the property, you can use this information to lodge a premises liability claim.

How Much Is My Premises Liability Claim Worth?

There are many different elements that are included in the calculation of the total value of your premises liability claim.

When you have an attorney to assist you with your claim or case with 30+ years of experience in handling slip and fall cases, who has been invited to speak to other attorneys in Indiana on how to handle slip and fall cases properly, it becomes a lot easier to know how the case might end up. Of course, all cases are different, and no results are guaranteed, but Attorney Jeff "JJ" Shaw has seen thousands of cases and claims that might be like yours. He is familiar with how to point out the good facts or your case and how to avoid many common pitfalls and problems.

Should I Give a Statement to an Insurance Company Adjuster?

No.

The insurance company adjuster is paid to not believe you. The adjuster is paid to get a statement from you before you talk to an experienced attorney so the telephonic recorded statement can be used against you later in court or in a deposition.

What Does Hidden Debris Have to do With a Premises Case?

Debris on any property can be extremely dangerous, but what happens if a person slips and falls or trips and falls because of hidden debris? Hidden debris can change locations such as falling over or landing up in a walkway and thereby, obstructing an area in which a person is expected to pass.

If this occurs and you are the one who suffers, it is imperative that you consult with an Indiana premises liability attorney, such as Jeff Shaw. Jeff Shaw works hard on behalf of all accident victims who suffer in slip and fall accidents in Indiana to recover compensation on their behalf and to assist them with settlement negotiations.

What If an Indiana Homeowner Offers Me Cash to Settle?

If the homeowner comes forward to offer you a cash settlement to forget this issue and to never file a legal claim about it again, this might seem tempting because you probably want to put this matter behind you and move on with your life.

Although it seems like the easy route and one that could even help to maintain a neighborly relationship or a friendship, it could put yourself at a significant disadvantage if the settlement money runs out and you then must pay for all of your medical bills and associated expenses on your own.

No victim in a premises liability accident should have to cope with all of the negative impacts of recovering with such an incident and yet this often happens for people who don’t get counsel from an Indiana premises liability lawyer. At Shaw Law, it is our goal to investigate all the various facts of the case and to advise you about when a settlement offer might indeed be fair and when you should push back for additional compensation. Don’t make the mistake of assuming that a cash settlement offer which comes in a lump sum is going to fully pay for all of the associated expenses.

What Is a Deposition in a Premises Liability Case?

One common aspect of Indiana premises liability cases is known as deposition. This is when critical stakeholders involved in the case are asked to provide their own version of events and to answer questions provided by the other side's legal representation.

This can be a nerve-wracking concept for a person who has already suffered in an accident and who believes that the fact of the case is obvious in and of themselves. However, it is important to be thoroughly prepared for the deposition process and to present as compelling a case as possible during these early stages of the case. The information that you provide in a deposition as well as the information gleaned during the discovery process can be used by your premises liability lawyer to explain to you what to anticipate and your best options for resolution going forward.

Who Is Responsible for a Wrongful Death from a Premises Liability?

The landowner or business owner could be responsible for causing or contributing to the wrongful death of a loved one under Indiana law.

Family members can bring the claim or lawsuit for the estate of the deceased individual. Damages that are recoverable depend upon the status of the deceased person upon his death and whether he had any dependents under Indiana law.

Many deaths that happen on another's property are preventable if simple safety rules had been followed including appropriate warning signs or the removal of the hazard itself.

A slip and fall or trip and fall incident where a person strikes his or her head, for example, could be enough to cause fatal injuries. The brain is a very fragile organ and brain bleeds, if not detected early, can cause death.