Elkhart Slip and Fall Lawyers

Falling is among the leading causes of serious injury in Elkhart, IN, but Hensley Legal Group, PC has the resources necessary to get you fully compensated for your Elkhart slip and fall, including:

• National caliber service with a small town feel from a firm that was founded by and for Hoosiers just like you.
• Offices located in nearly every corner of the state so that you can get the help you need wherever you need it.
• A proven record of success with major injury claims, like a $25 million jury verdict* for an ambulance accident.

*SPECIFIC CASE RESULTS.  NO TWO CASES ARE EXACTLY ALIKE.

From the cultural treasures on display at the Midwest Museum of American Art to the natural wonders on view at the Wellfield Botanic Gardens, there’s so much for locals and tourists alike to enjoy in Elkhart, IN.  Nevertheless, a serious fall can instantly transform the most pleasant day on the town into a nightmare that feels like it won’t ever end.

But while stories like these certainly aren’t rare either in Elkhart or in Indiana as a whole, where falling is one of the chief causes of injuries overall and the number one cause of injuries for older adults, compensation may be available when somebody else is at fault for your fall.  Moreover, you can increase your chances of success by partnering with the Elkhart slip and fall lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998 and who have consistently secured stellar outcomes for major injury cases, including a:

• $25 million jury verdict for an ambulance accident.
• $1.5 million claim resolution for a delivery truck crash.
• $700,000.00 settlement for a cyclist struck by a tree branch.

Additionally, Hensley has been named one of the Best Law Firms in the United States by Best Lawyers®, while its attorneys have been honored with inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, and the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40, but they’d be just as honored to represent you.

To discover what a skilled Elkhart slip and fall attorney can bring to the table, schedule a free consultation by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.

What Is a Slip and Fall Case?

A slip and fall case is a personal injury claim that arises out of a fall.  To be viable, it must allege two core elements: negligence – the failure to exercise sufficient care to avoid harming others – and damages – the negative consequences of that negligence.  Essentially, a plaintiff who incurs physical damages because of a defendant’s negligence can go after that defendant for financial damages.

Most often, the defendant in an Elkhart slip and fall case will be a property owner whose negligence led to a plaintiff’s fall, and the plaintiff will typically have to prove that:

• The owner owed a duty of care to the plaintiff to maintain safe conditions on the property;
• This duty was breached because the owner didn’t take steps to keep that property safe; and
• This breach made the plaintiff fall and sustain injury.

This may sound simple enough, but the truth is that demonstrating that a breach of duty inflicted harm can be more difficult in a slip and fall that it would be in an incident with a more obvious link between a defendant’s conduct and a plaintiff’s injuries, like a truck accident. Fortunately, Hensley’s laser-focused Elkhart slip and fall lawyers are extremely adept at unearthing actionable breaches of duty by unscrupulous property owners.

Why Do Slip and Falls Occur?

While slip and falls could occur for a variety of reasons, fiscal recovery is usually only possible when a slip and fall is the result of a hazard located on somebody else’s property, examples of which may include:

• Slick surfaces
• Loose floorboards
• Uneven or broken stairs
• Unfastened or bulging rugs, mats, or carpeting
• Dim lighting
• Walkway obstructions
• Holes and trenches
• Accumulations of water or fluid
• Unsalted ice

No matter if a hazard like this is present in a private residence, a public business, or a municipal facility, it could indicate the kind of negligent breach of duty for which an Elkhart slip and fall attorney could get you justice, assuming you were owed a duty in the first place.

Did an Elkhart Property Owner Owe You a Duty of Care?

As explained above, your Elkhart slip and fall case will have to show that a property owner breached a duty of care owed to you, but did that property owner actually owe you a duty of care, and what exactly did that duty involve?

The answer will primarily depend upon why you were on the property.  Broadly speaking, visitors to premises in Indiana are categorized as invitees, licensees, or trespassers, and each designation is owed a different duty of care under the law.

An invitee is a visitor who provides economic benefit to the owner, like a customer in a store, a diner in a restaurant, or a guest in a hotel.

Invitees are owed the highest duty of care by Elkhart property owners, who have to actively make sure that their premises are safe by inspecting them for dangers and either fixing them or warning invitees about them.

A licensee is allowed onto a property but doesn’t directly benefit the owner, a classification that might apply to a relative stopping by the owner’s home for a chat or a hunter who is permitted to go shooting on the owner’s land.

Elkhart property owners owe a lesser duty of care to licensees.  Basically, owners can’t harm licensees intentionally or fail to alert them about potential dangers, but they don’t have to search their premises for dangers solely for the sake of licensees.

A trespasser is technically anyone who is on a property without permission, whether it’s someone as unassuming as a neighbor cutting through the backyard or as sinister as a burglar picking the lock on the front door.

Unsurprisingly, trespassers are owed the least duty of care by property owners in Elkhart, IN, although some obligations may still apply, like the obligation not to deliberately harm them, but no duty to point out or repair onsite dangers generally exists.

However, there may be an exception to this relaxed level of care with regard to a child trespasser, since a minor isn’t expected to fully understand the risks of being on a stranger’s premises.  In fact, a property owner might even have a heightened duty to trespassing children when it comes to so-called “attractive nuisances,” a term for threats that are especially appealing to the very young, like a trench being excavated for the installation of a jungle gym.

According to Section 34-31-11-3 of the Indiana Code, “a possessor of land may be subject to liability for physical injury or death to a child trespasser” if he or she is aware of an attractive nuisance and expects a child to trespass and get injured because of it but does nothing about it.

As you can see, small distinctions can make a big impact on the health of your case, but you can make the biggest impact of all by getting in touch with the seasoned Elkhart slip and fall lawyers at Hensley Legal Group, PC.

How Our Elkhart Slip and Fall Attorneys Can Help

Once you hire Hensley, our Elkhart slip and fall attorneys will launch a comprehensive investigation to identify the defendants who contributed to your slip and fall and establish valid claims against them within the time allotted by law.  If the situation should warrant it, a lawsuit can be filed as well in a court with the power to issue a binding judgment.

We will also amass compelling evidence that can support any allegation you make, interceding legally when necessary to prohibit relevant defects from being remedied before they can be documented.

After an airtight case has been put together against each of the defendants, our tenacious Elkhart slip and fall lawyers will enter into exhaustive negotiations with their insurance companies for a settlement that takes the totality of your losses into account, such as your:

• Medical bills
• Lost wages
• Pain and suffering
• Psychological trauma
• Mobility restrictions
• Scarring and disfigurement
• Diminished quality of living
• Loss of consortium

And if we don’t receive an offer that is worthy of your claim, we are more than willing to go to trial for a verdict that is.  This sets Hensley far apart from far too many firms out there who seldom make their way into a courtroom, a reluctance to litigate that could ultimately take money out of their clients’ pockets.

No two Elkhart slip and fall cases are completely the same, but we will always strive to maximize the value of yours.

You Won’t Owe Us Anything Unless We Win

We realize you might be reluctant to commit to more expenditures after you’ve probably spent so much already, but our firm operates on a contingency basis, meaning that you won’t owe us anything unless our Elkhart slip and fall attorneys win your case.

That slip and fall may have turned your entire world upside down, but we promise to do whatever it takes to set things right again.

Reach Out to Hensley’s Elkhart Slip and Fall Lawyers

Hensley Legal Group has been fiercely advocating for hardworking Hoosiers like you for almost three decades.  If you’ve been badly hurt on an unsafe property in the Elkhart area, reach out to our Elkhart slip and fall lawyers to learn more about your legal options.

You can call us at (317) 472-3333, chat with us online, or fill out our contact form for a no-cost case review with knowledgeable Elkhart slip and fall attorney at our firm.

Frequently Asked Questions

What is a slip and fall case?

A slip and fall case is a personal injury claim for a fall that results in bodily harm, and it is most often brought against a property owner for negligent onsite conditions.

To be valid, an Elkhart slip and fall case typically needs to prove that:

• The property owner owed a duty of care to the plaintiff to keep the property safe;
• This duty was breached; and
• This breach made the plaintiff fall and suffer an injury.

Do I have grounds for a slip and fall case?

Generally speaking, you will have to show that a property owner breached a duty of care that was owed to you, although whether you were actually owed a duty may depend upon why you were on the property in the first place.

Indiana law broadly splits visitors to a property into three categories: invitees, licensees, and trespassers.  Each category is owed a different duty of care, and your own category will largely determine whether you can pursue an Elkhart slip and fall case.

Why do slip and falls occur?

While slip and falls may occur for a variety of reasons, a slip and fall that could justify a personal injury claim tends to be caused by a property owner’s negligence.

Signs of actionable negligence on a property may include:

• Slick surfaces
• Loose floorboards
• Uneven or broken stairs
• Unfastened or bulging rugs, mats, or carpeting
• Dim lighting
• Walkway obstructions
• Holes and trenches
• Accumulations of water or fluid
• Unsalted ice

What is my slip and fall case worth?

It is impossible to definitively say in advance what your slip and fall case is worth because every case is unique, with unique circumstances leading up to it and unique consequences arising out of it.

However, certain elements could influence the value of your case, such as the facts surrounding the fall, the nature and extent of your damages, and the amount of insurance coverage applicable to it.

How much will it cost to hire you?

Hensley Legal Group, PC operates on a contingency basis.   This means that it won’t cost you anything up front to hire us, or anything at all until our Elkhart slip and fall lawyers win your case.

When that happens, reimbursement will probably be sought for our out-of-pocket expenses and a fee for our legal services, usually as a percentage of your final verdict or settlement.