What to Know
5 Things to Know about Slip and Falls
- Slip and Falls are considered "torts" or "personal injury cases: This means it is a private lawsuit that one person brings against somebody or some company. It is not a criminal case; no one is going to jail.
- You Must Prove Your Case: In order to recover in Indiana, you must prove the Defendant did something or failed to do something that breached a duty owed to you. That failure or action must be more than 50% of the reason for your call. You Must Prove you were Damaged: This means you have to prove you actually suffered some type of harm that you can be monetarily compensated for. Your recovery can be reduced if you contributed to your own fall- In Indiana, a jury can determine you were partially at fault or should have seen what was happening. Your award can be reduced by the amount of your own fault.
- Slip and fall injuries can occur Anywhere: Most often, slip and falls occur in stores or other public places. However, sometimes they happen when you are invited into somebody else's home and sometimes when you are at work. Even if you have worker's compensation paying for your bills and think you cannot sue your employer, sometimes there is another company that was responsible for maintenance.
- Your damages will be based on the extent of your actual injuries and can include Medical Bills and Permanent Injury and Emotional distress: The more severely injured you are, the more monetary compensation will be appropriate to pay for your medical bills, pain and suffering or emotional distress.
- Most slip and fall cases settle out of court: Despite what you might hear, most slip and fall cases do settle out of court. But, if it won't, then you need an experienced attorney with established results like Shaw Law Office to help. We've never lost a slip and fall trial. Not one in nearly 30 years of practice.