Damages in an Indianapolis Premises Liability Case

Injuries caused by another person’s negligence are often traumatic. They frequently occur when safety is expected or implied, such as while shopping or visiting an acquaintance.

If someone else’s negligence seriously injured you or someone you love, we want to discuss your claims. Compensation may be available for damages in an Indianapolis premises liability case. At McCready Law Injury Attorneys, we handle this type of injury and want to help you recover compensation for the personal injuries you have sustained.

What Does a Premises Liability Claim Cover?

A premises liability claim can be filed whenever an incident causes injury to someone while on another individual’s property. Some situations covered by a claim include:

Any injury sustained could form the basis of a premises liability claim against the property owner if there is proof that the property owner failed to practice due diligence to protect visitors.

Proving a Premises Liability Claim?

Should an injury occur on public or private property due to unsafe conditions created or allowed by the owner, the injured party may pursue a claim for their damages. However, to establish a claim, the injured party must be able to prove that the property owner:

  • Knew or should have known of a hazardous condition
  • Failed to address the hazardous condition or warn of danger
  • Had a legal duty to ensure safety
  • Breached that duty and caused injury or harm

From there, the claimant will also need to establish that their injuries or damages directly resulted from the hazardous condition. This can be done with witness statements, medical bills, or other proof that an injury occurred and caused pain and suffering.

Damages Available in an Indianapolis a Premises Liability Case

Because injuries can vary greatly, potential damages awards for injured parties will be different depending on the circumstances that led to the injury and its lasting effects. Generally, premises liability in Indianapolis includes damages for economic and non-economic losses. This means compensation may be available to cover:

  • Lost wages
  • Medical expenses
  • Emotional distress
  • Pain and suffering
  • All other expenses that may have been incurred due to the injury or incident

If it can be established that the property owner’s actions were fraudulent, malicious, or involved gross negligence, they may also face punitive damages. Punitive damages are designed to warn the property owner to prevent future harm to others.

It is important to remember that Indiana uses a comparative negligence system. Therefore, to file a successful claim, the plaintiff must be able to establish that the property owner was more than 50% responsible for the injuries sustained by the victim. The more at-fault the injured party is, the less their settlement will be.

Talk With Our Indy Attorneys to Discuss Damages in Your Property Accident Claim

Premises liability claims in Indiana must be filed within two years from the date of the injury. The longer you wait, the less likely you will be successful in the claims process.

We want to help you seek damages in an Indianapolis premises liability case if your injuries deserve compensation. Contact McCready Law Injury Attorneys today for a claim evaluation, and we will do all that we can to help you.