Common Slip and Fall Injuries
One of the most common questions presented to us at McKibben Shaw Law after an accident has occurred, is what type of damages can a slip and fall injury victim expect. The type and amount of damages due to an injured victim will depend on a number of different factors, including how the accident occurred, the severity of the injuries, and your physician's prognosis for your recovery over the long term. Furthermore, how long you were out of work, how this has impeded your daily life will also influence your ability to recover damages.
Indiana law is clear about this: You are entitled to recover MORE than just your medical bills in a slip and fall or trip and fall injury claim or case.
In fact, Indiana law says the following types of damages are recoverable by an injured person who can show the landowner was negligent which led directly to his or her injuries. These laws are often called "instructions" and a Judge can read them to a jury before the jury begins its deliberations in a jury trial setting:
If you determine that the defendant is liable to plaintiff for the claims alleged in this action, you should then consider damages.
The object of an award of damages is to place the plaintiff, as far as money can do it, in a situation they would have occupied if the claimed negligent conduct had not been committed.
703 General Elements of Damages
If you decide from the greater weight of the evidence that [defendant] is liable to [plaintiff], then you must decide the amount of money that will fairly compensate [plaintiff].
In deciding the amount of money you award, you may consider:
- The nature and extent of the injury, and the effect of the injury on the plaintiff’s ability to function as a whole person;
- Whether the injury is temporary or permanent;
- The value of lost earnings and loss or impairment of earning capacity (future lost wages;
- The physical pain and mental suffering plaintiff has experienced and will experience in the future as a result of the injury;
- The reasonable value of necessary medical care, treatment, and services plaintiff incurred and will incur in the future as a result of the injury;
- The aggravation of a pre-existing injury;
- The disfigurement and/or deformity resulting from the injury; and
- The life expectancy of plaintiff.
704 Pain and Suffering
Plaintiff does not have to present evidence of the dollar value of [his][her] pain, suffering, mental anguish, or [___________insert other damage element for which evidence of monetary value is not required, such as disfigurement or deformity]. These types of damages need not be proven to a mathematical certainty.
Plaintiff must prove the nature and extent of these types of damages, however. The dollar value, if any, of these damages is left to your good judgment.
So, as you can see, the injured person can recover for scars, lost future wages, the pain she went through. If the injury is permanent a plaintiff can recover for the injury the rest of his anticipated lifespan. Attorneys for injured people often argue "per diem" type calculations in closing argument -- asking the jury to multiply a figure, e.g., $10 per day, for the rest of the plaintiff's life span. The Judge can consider the life span from a "mortality table" that plaintiff's counsel provides prior to jury deliberations.
McKibben Shaw Law and Attorney Jeff JJ Shaw has made "per diem" damages arguments to juries before -- including a $5,000,000 verdict in Marion County, Indianapolis in 2012.
Your damage claim is critical not just for you, but for your family members as well. If you lost time at work or worse yet, can’t go back to work at all, the stakes are very high and this can have ripple effects for your family’s future over the course of many years. This is why Indiana law allows premises liability lawsuits.
An initial consultation with experienced premises liability lawyer, Attorney Jeff JJ Shaw, can open your eyes to the types of damages and common issues that emerge in these kinds of cases. Understanding your eligibility to file can also be revealed during an initial consultation. After a slip and fall injury, you need to gather your evidence immediately and present it to an experienced attorney.
At McKibben Shaw Law, we care about getting you back on your feet as soon as possible and putting together evidence in a compelling claim so you have the best possible chance of recovering compensation. In the state of Indiana, you must comply with the statute of limitations which means that you need to file your premises liability claim no later than two years after you sustained your injury due to dangerous property conditions.
You could be eligible to fight for economic damages and non-economic damages in an Indiana slip and fall injury case. Economic damages refer to items such as lost wages or medical expenses, which are losses that are usually backed up by your evidence and documentation.
Non-economic damages, however, involve emotional distress, pain and suffering and loss of society or companionship. Indiana law protects your interests by allowing you to pursue a premises liability lawsuit against a responsible party for economic and non-economic damages.
The evidentiary issues and legal requirements are extremely complicated, which is why your case should only be managed by a knowledgeable attorney who has been practicing in this field for some time. Consult with a dedicated premises liability lawyer in Indiana like Jeff Shaw today.
Common Slip and Fall Injuries or Trip and Fall Injuries in Indiana
If you've recently been hurt in a slip and fall accident in Indiana, you may be curious about how your medical condition and your future may be affected by such an incident. You may be eligible to pursue a liability claim against a property owner or manager if he or she was negligent in removing hazards and failed to keep the property in a reasonable condition so as to avoid accidents.
If you were recently hurt in such an accident, you may be eligible to pursue compensation depending on whether or not you suffered severe injuries. A broad number of different types of injuries may be associated with a slip and fall accident. Many of them may be minor or some may be more severe and could cause you to miss work for a long period of time and to suffer extensive medical expenses.
An experienced Indiana slip and fall lawyer should be called immediately.
Severe Injuries Requiring Medical Attention
The most common type of slip and fall injuries in Indiana accidents include:
Head injuries. Traumatic Brain Injuries (“TBIs”) can occur as a result of a victim's head striking the ground or another object on the way down. Ongoing memory problems, mobility issues, cognition concerns, and behavioral problems are all associated with head injuries. A “concussion” is a traumatic brain injury. The effects can be long-lasting. We now have medical evidence that repeated concussions can cause CTE – a debilitating neurological condition.
Broken pelvis or broken hip injuries. A large percentage of slip and fall victims are elderly as senior citizens are more likely to fall as well as to be seriously injured in such an accident. A fall accident that breaks a victim's pelvis or hip could lead to hip replacement surgery or a prolonged nursing home stay.
Spine, neck and back injuries. Your spine and the many nerves running from the spine to all parts of your body can often be injured in a slip and fall -- even when you catch yourself from hitting the ground and these can be catastrophic medical conditions. It can be very painful and difficult to suffer back and neck injuries. A broken vertebrae, slipped disc or other injury could lead to chronic pain, an inability to return to work, extensive rehabilitation therapy or surgery.
Torn ligaments and tendons. Tearing a ligament or a tendon in your knees, feet or wrist is extremely painful and can have long term consequences that make it hard for you to return to work. Unfortunately, many of these severe injuries require months to heal and could even lead to long term physical therapy. Some of the tears could require surgery, which carry their own set of risks.
Torn rotator cuff. Often people who fall put out their hands to catch themselves. This can lead to a powerful impact throughout the arm and into the shoulder area, where a group of muscles known as “the rotator cuff” and its many tendons can become torn or harmed. This injury is very, very painful and the surgery to correct it can lead to physical therapy and months of recovery.
Knee injuries. The knee often takes the brunt of a slip and fall. Torn anterior cruciate injury (torn “ACL”) is seen in many athletes in today’s sporting world, but it can also occur when you fall. Patellar (knee) tendons can also be strained or torn. Patella breaks (broken kneecap) is another common injury in a slip and fall situation when the person falls directly on the knee.
Call or Text Attorney Jeff "JJ" Shaw at (260) 777-7777. Get him working on your trip and fall case within 10 minutes from the comfort of your own home. We Get You Back on Your Feet.
If you have already been hurt in a slip and fall accident that led to serious injuries including broken bones, fractures, bruises, contusions, internal organ damage and more, you need to be evaluated by a medical professional to further understand your diagnosis. Then, the next important step is to talk to an experienced Indiana slip and fall attorney who has decades of experience in handling these claims with severe catastrophic injuries.
Anyone who has suffered severe injuries and must prove that the landowner or property manager's negligence or lack of action was the direct cause of their incident. You might be eligible to pursue compensation to help pay your medical bills and more.
Indiana law allows an injured person to recover not only medical bills, but also for mental anguish (pain and suffering), loss of quality of life, future impairment, loss of earning capacity, scars and disfigurement and more. Only a jury can determine what that is actually worth and it is left up to them to assign an actual dollar figure to those conditions. Of course, an experienced Indiana slip and fall attorney can help the jury calculate your damages.
You have enough to worry about in the wake of a serious injury that has left you with severe medical conditions. You deserve to have an Indiana slip and fall lawyer who will fight back for you.
“Not just the lawyers you need, but the lawyers you WANT.”- Tristen K