It is not uncommon for a sudden loss of footing to cause serious and even life-altering injuries. Worst of all, you may have a lot of trouble getting fairly reimbursed for those injuries if you try to sue a negligent landowner by yourself.
Support from a knowledgeable Lowell slip and fall lawyer could dramatically improve your chances of getting a favorable result from your lawsuit or settlement demand. From beginning to end of your legal proceedings, a personal injury attorney from The Law Offices of David W. Holub could work tenaciously to enforce your rights and help you navigate legal obstacles on the road towards civil recovery.
Proving a Landowner Violated Their Duty of Care
Property owners and possessors owe different “duties of care” depending on the legal classification of a person who comes on their property. Indiana courts classify people on the property of another as invitees, licensees, or trespassers.
Invitees
Invitees are people invited to enter or remain on a property by the owner or occupant. Social guests and business visitors are types of invitees.
Licensees
Licensees are people who are on someone else’s property for their own purposes, but the property owner or occupant either permits them to enter the property or does not object to their being there.
Trespassers
Trespassers are people who are on the property of another person or entity without that property owner/occupant’s permission. Broadly speaking, the duty of care owed by property owners and occupants is progressively heightened from what is owed to trespassers to what is owed to licensees and then invitees.
In pursuing a civil claim over an injury suffered in a slip and fall, there are certain things the injured party will need to prove. First, the injured party will need to show that the landowner/possessor owed him or her a duty of care. Second, they will need to prove that the landowner/possessor “breached” their duty and directly caused their injury through that breach of duty. Third, they will need to prove the extent of their injuries from the incident.
Among other things, a knowledgeable Lowell trip and fall attorney could provide vital assistance with collecting evidence like witness testimony, surveillance camera footage, and medical reports in order to successfully resolve your case.
Recovering Fairly Within Filing Deadlines
Legal counsel can also play a key role in identifying, assigning a fair value to, and proactively demanding restitution for every form of harm that a slip and fall injury caused or will end up causing the injured person. This can include both “economic” and “non-economic” damages like:
- Mental anguish and trauma
- Physical discomfort and pain
- Lost enjoyment/quality of life
- Lost work income and/or earning potential
- Short-term and long-term medical expenses
Perhaps most importantly, a slip and fall lawyer in Lowell can help construct and file a comprehensive civil claim within the time limit prescribed by state law. Generally speaking, under Indiana Code § 34-11-2-4, people injured through the negligence of a landowner or possessor have two years to file suit after initially sustaining their injury, or else they will be time-barred from ever recovering civilly for that particular incident.
Consider Working with a Lowell Slip and Fall Attorney
Even though accidental falls are a very common source of personal injuries, that does not mean they make for simple personal injury lawsuits. If you try to sue a negligent property owner without support from capable legal counsel, you will have slim chances of getting any compensation at all for your claim, let alone the full amount you should be legally entitled to receive.
If you want a fair shot at getting the compensation you deserve, you should retain a Lowell slip and fall lawyer as soon as possible. Call The Law Offices of David W. Holub today to schedule an initial consultation to discuss your options.