Legal Question in Personal Injury in Indiana

Fell and hurt back

I fell a few months ago in a rut my lanlord had dug to drain rain water. Three people saw me fall. I complained to my landlord about the rut and he filled it in with dirt. However, 1 week later he came to do some work on the foundation and dug two new trenches along the side of the house and didnt bother telling me about it. When I took out my trash can one night, I fell in the new trench and hurt my back. I thought it was muscular, but its been over a month and I still have pain making it hard to sit at work for 8 hours and also making it difficult to sleep at night. I have no health insurance and wonder if I can sue either the landlord or their insurance to get medical treatment? Is it too late after 4-6 weeks? Does it matter that there wasnt a witness to the second fall?

Asked on 12/02/07, 12:46 pm

3 Answers from Attorneys

Voyle A. Glover Attorney at Law

Re: Fell and hurt back

You have two years to file a claim. However, DO NOT wait that long to seek treatment. That delay can cost you in that the insurance company (assuming Landlord has insurance) will question the validity of your injuries.

Here's what you need to do:

1. Get names and addresses of any witnesses to the accident, or to the trenches

2. Immediately seek medical attention

3. Call an attorney. I do handle these matters and you can communicate by phone or email. We'd set up an appointment and proceed from there. We do these cases on a contingency basis.

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Answered on 12/03/07, 1:41 pm

Re: Fell and hurt back

Generally, you have 2 years to bring a personal injury claim in Indiana for injuries. So you have plenty of time. It sounds like you would have a descent case agaisnt your landlord for premise liability (or slip & fall). Although only a small percentage of those cases win at trial, I've had good luck with them. Go to the hospital and get treatment.

We'll make them pay for it.

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Answered on 12/02/07, 1:46 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Fell and hurt back

You have two potential claims for recovery. The first is against your landlord's insurer for all of your medical bills up to the amount of coverage under the medical payments provision of the landlord's insurance policy. This provision should cover you if the injury took place on the premises controlled by your landlord outside of your dwelling. This claim should be made asap. The second claim is against your landlord for liability and may cover present and future medical bills, past and future lost wages, pain and suffering and disablity. You have up to two years after the occurrence to file a law suit.

The fact that there were no witnesses will have some impact on your claims, but will not necessarily prevent you from pursuing reimbursement and compensation.

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Answered on 12/02/07, 3:00 pm

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