If you have recently experienced a slip and fall accident on public property in Indiana, you may be feeling confused and overwhelmed. It’s normal to feel unsure about what steps to take next, especially when you are facing injury and the possibility of a long recovery. At our law firm, we understand the worry and uncertainty that comes with such incidents, and we are here to help guide you through this process. We want to ensure you understand your rights and the steps you can take to seek compensation for any damages or injuries you may have suffered.
What to Do After a Slip and Fall on Public Property
The first thing you should do if you are involved in a slip and fall accident on public property is to assess the situation and ensure your safety. If you are able, get up slowly and try to move away from any immediate hazards. If you feel pain or think you may have been seriously injured, it’s important to stay still and call for medical help right away. Even if your injury seems minor, it is always better to be cautious and get checked out by a medical professional.
After making sure you are safe, take the time to document the scene. If you can, take pictures of the area where you fell, including any dangerous conditions that might have caused the accident. This could include things like wet floors, cracked sidewalks, or uneven pavement. If there were any witnesses to your fall, try to get their contact information. Their testimony could help support your case later on.
Understanding Liability for Slip and Fall Accidents on Public Property
One of the key things you need to understand after a slip and fall accident on public property is who is liable for your injuries. Public property can include government-owned buildings, sidewalks, parks, and streets. In these situations, the responsible party is often a government agency, such as the city or county. However, proving liability in a slip and fall case on public property can be more complicated than on private property.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
In general, the government has a legal duty to maintain its property and keep it safe for the public. If the property is unsafe and that condition causes an accident, the government may be held liable for your injuries. However, there are certain rules and procedures that must be followed when filing a claim against a government entity in Indiana. These rules are stricter than the rules for regular personal injury claims, so it’s important to have an attorney who understands these nuances to guide you through the process.
The Indiana Tort Claims Act requires that you send a Tort Claim Notice to the governmental entity that you believe to be responsible for your injuries within either 180 or 270 days of the incident, depending on what governmental entity it is. If you fail to timely meet this requirement, you will lose your ability to bring a claim. The Tort Claim Notice would typically include all facts and information about the incident, injuries, claims, etc.
How to Prove Your Slip and Fall Case
In order to successfully win a slip and fall case on public property in Indiana, you will need to prove that the property owner was negligent in maintaining the area where you fell. This means showing that the government agency responsible for the property failed to keep it reasonably safe, or that they were aware of the dangerous condition but failed to fix it in a timely manner. Proving negligence requires gathering evidence and sometimes expert testimony, as well as showing that the dangerous condition directly led to your injuries.
Some common types of evidence that can be used in slip and fall cases include photographs of the accident scene, medical records, witness statements, and incident reports. Your attorney will help you gather this evidence and organize it in a way that tells a clear story of what happened and why the government should be held responsible for your injuries.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
The Time Limits for Filing a Claim
If you have been injured in a slip and fall accident on public property in Indiana, it’s crucial to act quickly. Indiana has strict time limits, called statutes of limitations, for filing personal injury claims. In general, you have two years from the date of your accident to file a claim. However, when the responsible party is a government entity, the time frame may be much shorter. Some government agencies may require that you file a formal notice of claim within a few months of the accident, and failing to meet this deadline could result in your case being dismissed.
You must also meet the requirements of the Indiana Tort Claims Act as mentioned above. If you fail to do so, you will not be able to file a claim or bring a lawsuit even if the lawsuit were filed within two years of the date of the accident. The governmental entity would be able to get your lawsuit dismissed for failure to comply with the Indiana Tort Claims Act.
Because of these strict deadlines, it is important to speak with an attorney as soon as possible after your slip and fall accident. Your attorney can help ensure that all necessary paperwork is filed on time and that your rights are protected throughout the legal process.
What Compensation Can You Expect in a Slip and Fall Case
If your slip and fall accident on public property was caused by negligence, you may be entitled to compensation for your injuries. The amount of compensation you may be able to recover depends on the severity of your injuries, the impact they have on your life, and the evidence you are able to present in your case. Common forms of compensation in slip and fall cases include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.
Medical expenses can cover the cost of any treatment you needed as a result of your accident, such as hospital bills, surgeries, or physical therapy. Lost wages can help replace the income you lost if you were unable to work due to your injuries. Pain and suffering compensation is intended to compensate for the physical and emotional distress you experienced as a result of the fall.
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How We Can Help You with Your Case
At our law firm, we are committed to helping you get the compensation you deserve for your slip and fall case on public property. We understand that this is a stressful and challenging time for you, and we want to make the legal process as easy to understand as possible. With our experienced team by your side, you can rest assured that we will work tirelessly to ensure your rights are protected and that you receive the best possible outcome in your case.
We know that navigating the legal system can be overwhelming, especially when dealing with government entities. That’s why we take the time to carefully explain each step of the process, answer all your questions, and provide the support you need throughout your case. Our goal is to help you achieve a successful result and get the compensation you need to move forward with your life.
If you or someone you know has been injured in a slip and fall accident on public property in Indiana, do not hesitate to reach out to us. We are here to offer you the legal guidance you need to navigate this process and fight for the justice you deserve. Contact us today for a consultation, and let us help you take the first step toward getting the compensation you need to recover from your injuries.
