If you slip and fall (or suffer some other sort of injury on another party’s property), you may be entitled to seek compensation for your medical bills, pain and suffering, and lost wages. You do not have to have a permanent injury to start a personal injury case. You simply need to have some sort of financial loss for which you may seek compensation.
A Fort Wayne premises liability lawyer from our team at Sevenish Law Firm, P.C., can help you determine the merits of your case and figure out what kind of settlement you could receive.
How We Can Help With Your Personal Injury Case
When you suffer an injury because of a property owner’s negligence, you may be confused about how to proceed, especially if you have never gone through something like this previously.
During your free consultation, we will be available to answer any questions you have and advise you on your legal options. Remember, once you’re a client, we will provide advice whenever you need it, but any final decisions about the case will always be yours.
We Will Speak On Your Behalf
The insurance company may contact you after the accident, hoping to get a statement from you about what happened. However, be careful. They may use what you say against you and place the fault of the accident on you. If you admit to some fault in the accident, meaning you played a role in your own injuries, this could lead to a reduced settlement for you.
A Fort Wayne premises liability lawyer from our team can protect you by stepping between you and the insurance companies. We will speak on your behalf, ensuring you do not misspeak or are misrepresented. The insurance companies will have to speak to us. This representation gives you more time to focus on your recovery.
We Will Negotiate With the Insurer for You
Our legal team will stand by your side throughout the case, giving you the representation you deserve. We can negotiate settlement terms for you and advise you on how fair a settlement offer is based on your damages.
If the insurer refuses to negotiate in good faith, denying the facts in the case, and offering an unfair settlement amount, we will represent you in a court case.
We Will Keep Your Case On Track
According to IC §34-11-2-4, victims in personal injury cases have up to two years to start the process in Indiana. As your legal representative, we will make sure to file the appropriate paperwork on time and keep your case moving forward.
Some insurers prolong the negotiation process, which might cause the victim to become tired of waiting and agree to a lesser settlement. Our team can counteract these techniques from the insurance company, ensuring your case continues to progress toward a resolution.
Proving Negligence in Your Case
To build a personal injury case, we will have to prove the elements of negligence, as described by the American Bar Association (ABA). We can assign fault, show the accident’s cause, and determine the liable party to build your case’s argument. This process may involve investigating the accident, speaking with witnesses, and reviewing photos and reports.
To prove negligence with a premises liability case, though, is a little different. In addition to the above, we will have to also show that:
- You were on the property legally: Victims on the property legally have the right to file a case. Visitors to a public place or those invited onto a property are also among those legally allowed on the property.
- The property owner’s negligence resulted in your injuries: We have to show that the property owner knew about the hazard that caused your injury but failed to warn you about it or fix it.
Don’t Settle Your Case Too Quickly or Before Calculating Your Damages
After you suffer an injury on someone else’s property, the insurance company representing the property owner may contact you within a few days. The insurer may accept responsibility for the accident on behalf of its client. The insurance representative may tell you the company is ready to settle the case and pay you damages immediately.
Although this may sound like a great development, it may not be in your interest to settle so quickly. You need to have a full list of your injuries and a plan for your medical care from your doctor before settling. If you settle too early, you will not receive damages for any new injuries that your doctor discovers in the future.
Damages may include:
- Lost or reduced income, either from time away from work or inability to work at the same level or job as you did before
- Medical costs for both past and possible future health care needs, such as medications, surgeries, and assistive equipment
- Diminished quality of life, including the possibility of permanent disability
- Physical, mental, and emotional distress endured because of the injuries sustained.
- Loss of a loved one, which would also include funeral and burial costs.
Our Team Has Won Large Settlements for Our Clients
We have litigated many cases over the years involving injuries that occur on someone else’s property. We can apply this knowledge to your case while also studying your particular injuries and the health outlook you are facing. With this information in hand, we can help you determine the proper settlement amount to request from the insurer.
Don’t Go it Alone; Call Us Today
Once you hire a Fort Wayne premises liability lawyer from Sevenish Law Firm, P.C., we can begin helping you recover with peace of mind. We strongly advise you to consider the help of an attorney during this time. We will work tirelessly to help you win the settlement you deserve. Contact us today at 317-720-3229 for a free consultation.