What is the Average Slip and Fall Settlement in Indiana?

Jun 13

One of the major considerations in pursuing a slip and fall lawsuit is how much you might receive for a settlement. This is because you want to make sure you have financial stability after suffering costly injuries due to someone else’s negligence.

In Indiana, the average slip and fall settlement varies widely, depending on the circumstances of each case. A South Bend slip and fall accident attorney from Blackburn Romey can help determine what your claim is worth and what you might expect.

What Is a Slip and Fall in Indiana?

In Indiana, a slip and fall accident happens when someone sustains harm due to hazards on another person’s property. Businesses, landlords, and property owners are responsible for maintaining their property in reasonably safe condition for visitors and customers. This type of incident often arises from the property owner or occupier’s failure to do so.

What Is the Average Settlement for a Slip and Fall Accident?

It can be difficult to pinpoint an average value of a slip and fall settlement because many factors come into play, and each case is different. For the most accurate and personalized information, reach out to a South Bend slip and fall lawyer.

Is There A Limit On The Damages I Can Recover?

In Indiana, there are no damage caps on compensatory damages for most slip and fall cases. However, there is a specific limit on punitive damages. According to the law, you can recover punitive damages of up to $50,000 or three times the total compensatory damages award, whichever is greater (Indiana Code § 34−51−3−4). This means you can recover compensation for actual losses, but any additional punitive damages sought as a penalty against the defendant will be subject to this cap.

Different Types of Compensation in Slip and Fall Claims

In slip and fall claims, the different types of recoverable damage that a claimant can seek include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of consortium
  • Future medical treatment
  • Lost earning capacity

To ensure your civil claim is considered in Indiana, it must be filed within the statute of limitations of two years from the accident date in most circumstances.

Factors That Impact Slip and Fall Settlement Amount

The settlement amount in a slip and fall case is influenced by multiple factors. Here are some of the key considerations:

  • Current and future medical bills
  • Income lost due to time off work for recovery
  • Pain and suffering
  • The degree of negligence involved
  • Limits of the property owner’s liability insurance

Each of these factors is key when negotiating a settlement in slip and fall cases. You need professional legal representation to accurately assess and advocate for all incurred damages.

Factors That Impact Slip and Fall Settlement Amount

Who Is Liable For My Slip And Fall Injuries?

Determining liability for slip and fall is often based on who had responsibility over the property when the accident happened and whether their negligence contributed to it. Some of the parties who might be liable include:

  • Property owner
  • Business operator
  • Landlord or property management company
  • Tenants or renters
  • Government entities in case of public properties
  • Maintenance or cleaning services
  • Contractors or construction companies the case is related to construction defects

Call an Indiana Slip and Fall Attorney Today

If you have been injured by a slip and fall on someone’s property, you could have a valid claim for compensation. The attorneys at Blackburn Romey have been helping injured individuals seek justice for decades. Let our award-winning team handle your case while you focus on recovering.

Call us today for a free case evaluation.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.