Premises liability refers to any personal injury accidents occurring on the premises of a business or a person’s private property. While most personal injury cases are based on negligence, premises liability cases are not much different. To prove negligence in a premises liability case, the injured person must show that the property or business owner was negligent within maintenance of the property.
Slip and fall accidents can occur anywhere. If you have been injured through a slip and fall accident at a business or someone’s private property and you believe it was the result of negligence, you may have a premises liability case. Common types of slip and fall cases include but are not limited to:
As business owners and private property owners, it is a responsibility to keep the premises safe for yourself and others. Failing to do so can result in injuries and slip and fall lawsuits.
While slip and fall accidents are not uncommon, an insurance adjuster may have several different arguments as to why they believe your claim is not valid. Common reasons slip and fall claims are denied include but are not limited to:
Claims adjusters work for the insurance company, therefore it is essentially their job to determine the validity behind a claim. If your claim is denied, working with an experienced personal injury lawyer will be to your benefit. The experienced attorneys at Tuley Law Office handle slip and fall cases and are here to assist you throughout the process of appealing a denied claim.
If you or a loved one have experienced a slip and fall accident, there are important steps you should follow immediately after the accident.
It is imperative you decline to give any statements following a slip and fall accident. Anything you say immediately following the accident could be used against you if you decide to file a claim. Filing a claim as soon as possible following a slip and fall accident is recommended. In most slip and fall cases, evidence can disappear quickly, making it hard for victims to prove their case.
The first step following a personal injury is to receive medical treatment for your injuries – your health is the highest priority. It is important to know, even if you don’t feel hurt or sense any injuries immediately following an accident, you should still be examined as many injuries can take weeks to months to show.
After speaking with a personal injury attorney, you will have an idea of where your case stands. Our legal team will speak with you about the specifics of your case including the accident itself, your injuries, and medical treatment you may have received. Your medical records will also be an important part of your case.
Based on the information discussed between you and your attorney, your lawyer may consider beginning the negotiation process or filing a lawsuit. Depending on the route taken, mediation and negotiation between parties may begin. In this phase, the legal representatives may be able to settle the case without a trial. If mediation and negotiation does not work, a trial may begin.
Timeframes for slip and fall personal injury cases differ depending on individual circumstances. For the best time estimate, contact the personal injury attorneys of Tuley Law Office today for a no-cost case evaluation
When considering the outcome and pay out for slip and fall accidents, negligence and liability are ultimately taken into consideration.
Negligence can be proven by the business or property owner’s failure to keep the premises safe. To determine this, the situation would have had to be deemed dangerous and fixable by the liable party. If the cause of the slip and fall was not foreseeable or preventable, the property owner may not be liable. If negligence was the cause of the slip and fall accident, you may be entitled to compensation.
Types of compensation in slip and fall lawsuits include but are not limited to:
It is important to understand that if there is any partial blame on the slip and fall victim, financial compensation may not be awarded. The victim must be free of guilt in the accident and all liability must be on the defendant. Damages or compensation awarded to the victim will depend on individual circumstances to the accident. For a slip and fall settlement, you may receive compensatory damages or punitive damages. Compensatory damages cover medical costs or loss of income, while punitive damages are awarded to the victim as punishment to the liable part.
In the state of Indiana, you have two years from the date of your fall to file a lawsuit. While slip and fall evidence fades quickly, it is recommended you file a lawsuit as soon as possible in order to prove negligence was the cause.
If you or a loved one have experienced a slip and fall accident, you are urged to contact the legal team at Tuley Law Office. The best way to determine whether or not you have a personal injury case is to speak with an attorney. Occurrences in which you may have a personal injury case include injuries caused by a business or property owner’s negligence and failure to keep their grounds safe.
If you or a loved have suffered a slip and fall accident as a result of another person’s negligence, you are urged to contact the Evansville, Indiana personal attorneys of Tuley Law Office. Our legal team has decades of combined experience to guide you throughout the process of obtaining compensation for your personal injury. Contact us today for a no-cost case evaluation (812) 434-1936.
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