A Fort Wayne Slip and Fall Lawyer Can Help Recover Compensation for Your Accident

Whether you’re in a private home or a public space like Franke Park, a Fort Wayne slip and fall can subject you to catastrophic injuries, but outside assistance may be available if somebody else is at fault, and hiring a skilled attorney could increase your chances of obtaining it. Join us to learn how a […]

October 28, 2025

The Challenges Posed by Slip and Fall Cases

An attorney’s services can be critical after a slip and fall because these kinds of cases pose some of the biggest challenges in civil litigation.

Any viable personal injury claim must feature two core elements: negligence, which is the failure to exercise sufficient care to avoid inflicting harm, and damages, the detrimental consequences of that negligence. Basically, if you sustain physical damages because of a defendant’s negligence, you may be eligible to go after that defendant for financial damages.

In a slip and fall case, the defendant tends to be a negligent property owner who brought about a plaintiff’s fall, with the plaintiff usually arguing that:

The property owner owed the plaintiff a duty of care to ensure that the property in question was safe;
The property owner breached that duty by not keeping the property safe; and
This breach made the plaintiff fall with resultant injury.

Unfortunately, merely identifying an actionable breach of duty can be much tougher in a slip and fall than in an accident in which there is a more apparent connection between a defendant’s behavior and a plaintiff’s injuries, like a collision with a car or truck. Furthermore, it may not always be obvious if a defendant actually owed you a duty of care, which is chiefly reserved for either:

Invitees, who are welcomed onto a property for the economic benefit of the owner; or
Licensees, who are granted entry to a property but do not directly benefit the owner.

These and other potentially lawful visitors are owed different duties under Indiana law, and you will have to establish the specific duty that you were owed along with how it was breached before you can hope to be fairly compensated for your Fort Wayne slip and fall.

And aside from the difficulty of demonstrating a breach of duty, you will probably encounter stiff resistance from the insurance companies with applicable coverage. This may be your first slip and fall, but it definitely won’t be the first for a veteran insurance adjuster, who could exploit your relative unfamiliarity with the law as well as with the claims process to justify paying you less than your claim is worth or simply denying it altogether.

Nevertheless, you can overcome these and other obstacles if you have a knowledgeable Fort Wayne slip and fall lawyer in your corner.

What a Seasoned Legal Practitioner Can Do for You

Just as it won’t be the first slip and fall for the adjuster, neither will it be the first for the sort of seasoned legal practitioner you’d find 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.

A Fort Wayne slip and fall lawyer will launch a comprehensive investigation to unearth the root causes of your fall and the defendants who may have contributed to it, then file valid claims and/or a lawsuit against them within the time allotted by law. Your attorney will also move swiftly to secure the materials necessary to shore up your case, intervening legally to prohibit relevant property defects from being repaired before they can be documented if the circumstances warrant it.

When confronted with compelling evidence of both your losses and the defendants’ misconduct, a sensible insurer may choose to put forth a generous offer rather than risk a worse verdict later on. This is a key reason why injured victims receive 3.5 times more on average with lawyers than they do without them, though a Fort Wayne slip and fall attorney will be indispensable if your case proceeds to trial.

Whereas approximately 96 percent of plaintiffs who represent themselves in the courtroom lose, plaintiffs with professional representation are statistically favored to win and may even acquire the resources they need to become whole again.

Get in Touch with Our Fort Wayne Slip and Fall Lawyers

Hensley Legal Group has been standing up for hardworking Hoosiers like you for over a quarter century. If you are struggling to get back to normal after being badly hurt in a slip and fall in the Fort Wayne area, get in touch with our Fort Wayne slip and fall lawyers to explore your legal options.

You can schedule a free consultation with an accomplished Fort Wayne slip and fall attorney at our firm by calling us at (317) 472-3333, chatting with us online, or filling out our contact form today.