What Is a Slip and Fall Accident?

December 6, 2021

A slip and fall accident occurs when a person slips, trips, falls or is otherwise injured on another person’s property.


This type of accident may occur on a rough patch of ground, a flight of stairs, a dangerous floor or any other poorly maintained property. In some cases, the property owner is  partially or wholly responsible  for the accident and can be held liable for any injuries.


In a slip and fall case, the property owner can only be held liable if one of these criteria is met: The owner knew of the dangerous condition but failed to take steps to improve it, the owner directly caused the dangerous condition (such as a spill or worn surface) or the owner should have known of the unsafe condition because a “reasonable” person would have been aware of it.

While the third situation is the most common, it is typically the most difficult to prove. Determining whether a property owner was “reasonable” requires investigating whether the person made regular and thorough efforts to keep the property clean, safe and well maintained.


When trying to figure out if a property owner was liable for your injury, it can be helpful to ask yourself a few questions. If you tripped over something on the floor, was it there long enough that the owner should have been aware of it? Was there a clear reason for it to be there or was there a safer place it could have been located? Could a warning have been given or a barrier been put in place to prevent injuries?


If you or someone you know was injured on someone else’s property and you believe the owner was responsible for the injuries, work with an Indiana  slip and fall lawyer  to explore your options for seeking compensation. Wilson Novak Law Offices has experience handling premise liability claims. Contact us about your case.


Understanding Personal Injury Law Basics

April 9, 2025
Navigating the complexities of personal injury law can be daunting. This area of law encompasses a variety of scenarios where individuals suffer harm due to the negligence or intentional actions of others. From automobile accidents to medical malpractice, understanding the fundamentals of filing a claim is crucial for obtaining the compensation you deserve. What Constitutes a Personal Injury Case? A personal injury case arises when a person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible party could be an individual, a business, or even a government entity. Common examples of personal injury cases include automobile accidents, slip and fall incidents, medical malpractice, and product liability. Key Elements of a Personal Injury Claim To successfully file a personal injury claim, certain elements must be proven: Duty of Care: The defendant owed a duty of care to the plaintiff. Breach of Duty: The defendant breached that duty through negligence or intentional misconduct. Causation: The defendant’s actions directly caused the plaintiff’s injury. Damages: The plaintiff suffered actual damages, such as medical bills or lost wages. Types of Damages in Personal Injury Cases Damages in personal injury cases are typically categorized into two types: economic and non-economic damages. Economic Damages Economic damages are quantifiable financial losses incurred as a result of an injury. These include: Medical Bills: Costs for hospital stays, surgeries, doctor visits, and rehabilitation. Lost Wages: Compensation for income lost due to the inability to work. Lost Earnings Capacity: Future income lost as a result of long-term disability. Property Damage: Costs for repair or replacement of damaged property, such as a vehicle in car accidents. Non-Economic Damages Non-economic damages are more subjective and may include: Pain and Suffering: Compensation for physical pain and emotional distress. Loss of Consortium: Damages for loss of companionship or spousal support. Diminished Quality of Life: Compensation for a reduced ability to enjoy life’s pleasures. Steps to Filing a Personal Injury Claim Filing a personal injury claim involves several steps, each requiring careful attention to detail. 1. Seek Immediate Medical Attention Prompt medical evaluation is crucial not only for your health but also for establishing a clear link between the accident and your injuries. Medical records will serve as vital evidence in your personal injury case. 2. Gather Evidence Collecting evidence is essential for substantiating your claim. This includes: Photographs of the accident scene and injuries. Police or accident reports. Witness statements. Medical records and bills. 3. Consult with a Personal Injury Lawyer Engaging with a qualified injury attorney is advisable to navigate the legal intricacies. A personal injury lawyer can offer expert guidance, negotiate with the insurance company, and advocate on your behalf, ensuring you receive fair compensation. 4. File the Claim A formal claim must be filed with the responsible party's insurance company. This claim should detail the extent of your injuries and damages. An experienced attorney can assist in articulating the intricacies of your case. 5. Negotiate a Settlement Most personal injury claims are resolved through negotiation rather than going to trial. Your attorney will work to secure a settlement that adequately compensates for your losses. If negotiations fail, litigation may be necessary. Statute of Limitations The statute of limitations dictates the time frame within which you must file a personal injury lawsuit. Typically, this period ranges from one to six years from the date of the injury, varying by jurisdiction and case type. Consulting with an attorney promptly ensures compliance with these legal deadlines. The Role of Insurance Companies Insurance companies play a pivotal role in personal injury cases. They are responsible for compensating the injured party, but their primary aim is often to minimize payouts. Therefore, it is crucial to approach negotiations with caution and the support of legal representation. Common Tactics Used by Insurance Companies Delaying the Process: Prolonging the claims process in hopes of wearing down the claimant. Denying Liability: Asserting that their policyholder was not at fault. Underestimating Damages: Offering settlements that do not fully cover the claimant’s losses. Conclusion Understanding the basics of personal injury law empowers you to protect your rights and secure the compensation you deserve. Whether dealing with car accidents, medical malpractice, or other injuries, comprehensive knowledge of the legal process and the assistance of an adept personal injury lawyer are invaluable. By recognizing the various facets of filing a claim, the types of damages you can recover, and the tactics employed by insurance companies, you are better equipped to navigate your personal injury case effectively. Always prioritize your health and consult with a professional to guide you through this challenging process. To schedule a case evaluation with Wilson & Novak Law Offices, reach out online or give us a call at 219-757-0225 .
What does a personal injury attorney do

What does a personal injury attorney do?

September 18, 2024
A personal injury lawyer plays a vital role in helping victims of accidents and negligence get the compensation they deserve. From gathering evidence and negotiating with insurance companies to representing you in court, they handle all aspects of your case.