Premises liability cases are more than slipping and falling on someone else’s property. They can encompass dog bites, exposure to fumes, defective equipment injury, and insufficient security. To understand if you are eligible for damages following an injury on someone’s property, Sevenish Law Firm, P.C. offers a case review free of charge.
A premises liability lawyer from our team serving West Lafayette can evaluate your case and fight for damages.
Why Pursue Damages with a Premises Liability Case?
At the heart of any pursuit for damages is an attempt to correct an imbalance. Due to someone’s actions, you suffered injuries and expenses you would not have faced otherwise. Since that negligent act cannot be taken back, monetary damages are the way the law compensates you for what you experienced.
This can take the form of paying bills related to your accident, including:
- Emergency care
- Imaging tests
- Walking aids
- Physical therapy
Pursuing compensation for these expenses can help you receive the medical care you need. At Sevenish Law Firm, P.C., we want to make sure you obtain treatment that gets you to your maximum medical improvement (MMI). If your injuries were caused by negligence and you fear you can’t afford what you need, a premises liability attorney can protect your right to that treatment.
We Can Pursue Compensation Beyond Your Medical Care Costs
Reaching MMI may not mean you return to the same condition as before your accident. In pursuit of balancing the scales, we can argue for you to receive compensation for:
- Pain and suffering
- Wages lost during recovery
- Diminished earning ability
- Reduced quality of life
- Occupational therapy
- Disability benefits
- Loss of consortium
We don’t just want you to reach MMI. We want you to reach peace. Job retraining, therapy, and non-economic damages can help close the gap between MMI and full recovery.
We Can Pursue Specific Damages
Premises liability cases can cover a wide variety of scenarios, each with its own injuries and expenses. Some signs of negligence could be:
- Puddles and ice
- Loose railings or flooring
- Lack of security
- Dog bites
- Pool accidents
- Leaks and fumes
This variety means there is no single set of damages a victim of negligence can receive. Instead, your West Lafayette lawyer familiar with premises liability law can evaluate your unique case and determine damages you can claim.
For example, one out of five slip and fall accidents cause serious injuries, with the elderly especially prone to fall injuries, according to the Centers for Disease Control and Prevention (CDC). Hip fractures are common for seniors and can cause additional conditions. In that case, we can help argue for compensation to cover the hip fracture and the secondary condition.
Likewise, dog bites are prone to infections, while exposure to leaks and fumes can cause organ damage. We can defend your right to compensation for these specific consequences. Any negligence-related injuries may make you eligible.
How Can a Premises Liability Lawyer Help Your Case?
Injury cases rely on the victim proving the other party was negligent. That means the burden of proof is on you to demonstrate that:
- The property owner was (or should have been) aware of the risk
- The property owner did not take action to mitigate or remove the risk
- You were injured by that failure to act
- Your injuries entitle you to compensation
For example, an uneven walkway poses a fall risk that property owners should be aware of. Broken equipment that an owner refuses to fix or replace to save money can pose a risk of fire or fumes. Once that risk causes injuries, that property owner can be held liable.
Unfortunately, property owners or insurance companies may argue that you were at fault for your injuries or that there was no way to reduce risk. For instance, they may say you were wearing the wrong shoes, or there wasn’t enough time to correct the issue before you were injured. Our team can fight back against these arguments.
We Can Gather Evidence on Your Behalf
Part of connecting the property owner’s action or inaction to your injury involves taking stock of who was where and when. This can emphasize that there was enough time for the negligent party to have noticed a problem and taken steps to minimize danger.
We do this by reviewing:
- CCTV footage
- Photos from the scene
- Witness testimony
- Medical records
- Expert testimony
- Insurance statements
- Liability waivers
- Building codes
- History and background
History can add important context. If a dog bit you, we could delve into the dog’s past behavior since Indiana law dictates that an owner needs to have been aware of a dog’s viciousness to be held liable under IC § 15-20-1-3. If you were injured by a crime due to a lack of security, we can research the neighborhood’s crime rate, showing the property owner had an obligation to provide a safer environment.
All of this information and other evidence we review to understand the case can then be used as evidence in support of your right to damages. In other words, in working to understand your case, we are also compiling what we need to argue it.
We Can File for You
Your premises liability case will either be pursued through an insurance claim or a lawsuit. If the property owner did not have insurance or that insurance was insufficient to cover your injuries, you can pursue the owner directly with a personal injury suit.
Indiana’s statute of limitations for filing personal injury is two years from the date of the accident under IC § 34-11-2-4. During that time, we can research, negotiate with insurance companies, and prep for filing. You do not have to wait until you think you must file a lawsuit to call us for help.
Sevenish Law Firm, P.C. will Handle Your Case
We are a personal injury-focused firm. We can offer targeted support for your case through the work of a West Lafayette premises liability lawyer on our team. If you were injured due to a property owner’s negligence, call us at (317) 636-7777 for a free case review.