Slip and fall accidents continue to be a concerning public health issue in the United States. These incidents frequently happen when an affected individual is on someone else’s property, and when they suffer harm, the injured party might consider pursuing a premises liability claim.
It’s normal to jump to conclusions, more so with a lot of misinformation surrounding these cases. As such, it’s a good idea to clarify some confusion surrounding these circumstances if you’re thinking about pursuing legal action for injuries sustained in a recent fall.
Myth: All slip and fall cases lead to large settlements
Most people believe that premises liability claims always lead to substantial payouts. While some cases result in significant compensation, the reality is much more nuanced. Factors influencing the amount of compensation include:
- The seriousness of your injuries
- The injury’s effect on your ability to work
- The level of negligence by the property owner
Indiana follows a modified comparative fault rule, meaning you cannot recover damages if you’re found to be more than 50% responsible for your accident. Even if you’re less than 50% at fault, your compensation can be deducted from your percentage of fault.
Myth: Property owners are always liable
One of the most pervasive myths about premises liability is that property owners are automatically responsible for any accident on their property. This isn’t always the case. Property owners are mandated to maintain a reasonably safe environment, but this doesn’t mean they’re liable for every incident.
To prevail in a claim, you must demonstrate that the property owner, with unreasonable doubt, knew or should have been aware of a hazardous condition, failed to address it and that this negligence directly caused your injury. For example, if someone spills a drink in a store and you slip on it moments later, the store might not be liable if they didn’t have a reasonable opportunity to discover and clean up the spill.
Myth: Slips and falls only result in minor injuries
It is expected to assume a minor injury after a simple fall. Even though some incidents might result in relatively minor bruises or scrapes, they may lead to serious injuries like broken bones, head trauma and even fatalities. The impact of such injuries can be substantial, both physically and financially.
It’s also worth stressing that adhering to Indiana’s personal injury claims statute of limitations is critical, as missing this deadline can lead to denied claims. Reputable legal services can help ensure your claim is filed within the stipulated time frame, protecting your ability to seek compensation.
