Skip to navigation
Counsel That You Can Trust & Depend On


Guy DiMartino Oct. 19, 2013

A person owes it to himself to speak to a lawyer. If somebody is really hurt and cannot pay his medical bills, he deserves compensation. The lawyer must talk to him and find an avenue to at least help him receive medical expenses.

Does The Lawyer Handle These Type Of Scenarios, Regardless?

If there is liability and the lawyer thinks he can help somebody, then he will handle the case in an attempt to help the injured person.

Is There Anything Else That Sets You Apart From Other Attorneys That Do This Kind Of Work?

A lawyer must be willing to try these cases and take the ones he believes in to trial. This is because the defense bar, or the people defending these cases for the insurance companies, talk often. If they know that a lawyer will not cave and just settle the case, a lot of times they will put more value on the case.

Is It A Good Idea For Someone Who Is Seriously Hurt To Call And See If You Can Help Them?

Yes. Even if I tell them no, they should probably call another lawyer and another lawyer. Different lawyers will look at things differently.

Part of being a lawyer is life experiences and understanding the different types of cases that have been handled. Another lawyer might not have handled many certain type of case.

Furthermore, the case might have an avenue of liability going one way or another, because being a lawyer is an apprenticeship. A person could know the general rules of the law. Until they understand how each factual scenario is placed into the law, nothing can occur.

What Else Does The Lawyer Do To Work Hard On These Cases?

Truly understanding what happened by observing the scene. If the lawyer does not go out to the scene of the accident and really look at the surroundings he may be missing something important. For instance, a lot of times, stores have a set walkway to go from the parking lot to the store. However, if someone observes people walking around, he will notice that the general public does not follow the walkway because it was not properly constructed or planned. The lawns are torn up where people walk across it, or people traverse through plants or bushes. So if the client, actually tripped over something and he was not walking on the walkway, we would be able to argue that where the customer walked was foreseeable because of the pattern of wear.

When somebody falls over the curbing and the store says the person should not had been positioned there, then it's essential to tell the owners they really did not set up the store properly and were actually forcing the person to walk through that area.

Medical knowledge is also very important in slip and fall cases. All personal injury cases are medically-driven. A lawyer must be able to explain to a jury or insurance adjuster how the client tore the cartilage in his knee in the incident and what that torn cartilage in the knee is going to mean in the future: how it will impact him on a daily basis and how it will impact his work.

This is where the value of personal injury claims comes from. It does not come under medical expenses because medical expenses must be paid back. It comes under the ability to explain to an insurance adjuster or articulate to a jury what the residual problem is going to do for the client in the future.

How Do You Show The Impact On The Client?

The jury or judge is shown how the injury has impacted the client in the past and what will happen to the client as a result of the injury in the future.

A recent article in the medical journals said that the chance of arthritis developing after getting a knee scoped is increased by 50 percent. This must be brought up because if the person has his knee scoped, the insurance company will say that the claim is worth between $25,000 and $50,000, which might be true if the person wasn't prone for arthritis later.

Note further that the person might eventually need a knee replacement 20 years down the road because of the injury. The lawyer must make that argument and try to account for this in the future.

What Is The Limitation For A Commercial Place? How Long Does Someone Have To File A Claim?

A person has two years to file a general negligence claim. However, if the injury happened on governmental property, the notice requirements are different under the Indiana Tort Claim Act. Generally, a Tort Claim Notice must be served within 180 days. For some governmental agencies, the limitation is 9 months.

Therefore, the limitation is either 6 months or 9 months depending on the governmental agency.

People have injured themselves on manhole covers, which is also something that would be against the municipality. Furthermore, people have been injured walking into a post office. However, this is another issue because it requires a Federal Tort Claim Act, which has a whole different set of rules.

Therefore, if somebody is injured in a slip and fall or trip and fall, he really needs to contact a lawyer immediately.

For more information on Hiring a Lawyer, a free initial consultation is your next best step. Get the information and legal answers you're seeking by calling (219) 874-4878 today.