When you get hurt on someone else's property, you might wonder what your claim is worth. There is no single average amount, and no lawyer can promise a specific number upfront. Every case is different.
The value of a claim depends on the facts of your fall, the severity of your injuries, and Indiana premises liability law. Insurance companies look closely at these claims and often try to deny them. Understanding the factors they evaluate can help you know what to expect.
The severity of your injury
The physical harm you suffered is a major part of your claim. A broken hip or a traumatic brain injury will require more medical care than a sprained ankle. Your claim looks at your past medical bills, the cost of future treatment, and your physical pain. It also includes lost wages if your injury kept you out of work. The more severe and long-lasting your injuries are, the more medical evidence is needed to support your claim.
Medical bills and liens
Your medical bills are a starting point, but the law looks at who paid them. Under Indiana law, if a hospital treats you, they might place a hospital lien on your claim to ensure they get paid out of your settlement (IC 32-33-4). Also, if your health insurance pays your bills, they usually have a right to be paid back from your recovery. This process is called subrogation. Your final settlement must account for these medical liens so you are not left owing money to your providers.
Notice and knowledge of the hazard
To have a valid claim, you must prove the property owner was negligent. In Indiana, if you are a business customer or a public visitor, you are considered an "invitee." The property owner owes you a duty of reasonable care to keep the property safe.
However, the owner is only liable if they knew or should have discovered the hazard and failed to fix it or warn you. This is called notice. If a customer drops a jar of pickles and you slip on it two seconds later, the store might not be at fault because they did not have time to know about the spill. But if a roof leak leaves a puddle on the floor for hours, the store should have discovered it.
Comparative fault
Insurance adjusters often try to blame you for the fall. They might say you were not paying attention, were texting, or were wearing the wrong shoes for the weather.
Indiana uses a modified comparative fault rule (IC 34-51-2-6). If you are partly at fault, your damages are reduced by your percentage of fault. For example, if you are found 20% at fault, your recovery is reduced by 20%. Importantly, if your fault is more than 50%, you are completely barred from recovering anything.
Available insurance coverage
The value of a claim is also limited by the property owner's insurance policy. A large retail store or a commercial office building will usually have higher liability coverage limits than a private homeowner. If your damages exceed the available insurance limits, it can be difficult to recover the difference.
What to do now
- Report the fall to the property owner, store manager, or landlord immediately. Ask them to write an incident report and request a copy for your records.
- Seek medical attention right away. Seeing a doctor ensures your injuries are documented and connects them directly to the fall.
- Take photos of the hazard, your injuries, and the surrounding area before the hazard is cleaned up or fixed.
- Get the names and phone numbers of anyone who saw you fall.
- Keep all your medical bills, receipts, and letters from insurance companies in one folder.
- Pay attention to the clock. In Indiana, you generally have two years to file a personal injury lawsuit (IC 34-11-2-4). Missing this deadline usually means you lose the right to sue.
Questions? Call Poynter & Bucheri at (317) 780-8000. Free consultation. See how our fees work.
Frequently asked questions
Can I get a settlement if I slipped on ice?
Yes, possibly. General premises liability rules apply, meaning the owner must use reasonable care to keep the property safe. Fault depends on what the owner did or failed to do. One exception: if the fall happened on government property, Indiana's Tort Claims Act applies. It has short written-notice deadlines (180 days for a city, county, or school; 270 days for the state) and gives immunity for losses caused by temporary weather conditions on public roads and sidewalks (IC 34-13-3-3, -6, -8).
Will my claim go to court?
Some cases settle with the property owner's insurance company before a lawsuit is filed. However, if the insurer refuses to offer a fair amount or denies that the owner knew about the hazard, filing a lawsuit may be necessary.
What if there were no witnesses to my fall?
You can still have a claim even with no witnesses. Your own testimony is evidence. Other evidence, like security camera footage, the incident report, and your medical records, can also help prove what happened.
How long does a claim take?
It depends on your injuries and the insurance company. You usually need to finish your medical treatment before settling, so the full cost of your care is known. Some claims take months to settle, while others take longer if a lawsuit is filed.
Sources
- IC 32-33-4 IC 32-33-4 (hospital liens)
- IC 34-11-2-4 IC 34-11-2-4 (two-year deadline)
- IC 34-51-2-6 IC 34-51-2-6 (comparative fault)
Advertising material. This page is general information about Indiana law, not legal advice, and reading it does not create an attorney-client relationship. Poynter & Bucheri, LLC, 4202 Madison Ave, Indianapolis, IN. (317) 780-8000. Responsible attorney: Donald Poynter.