Common Slip and Fall Types of Injuries and Damages in Indiana
One of the most common questions presented to us at 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.
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.
Shaw Law Offices 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 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.
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