A fall from a great height can change your life in seconds. One moment you’re working on a roof, climbing a ladder, or walking through a building—the next, you’re facing serious injuries, mounting medical bills, and an uncertain future. These accidents often lead to broken bones, spinal cord injuries, traumatic brain injuries, and worse.
If you’ve been hurt in a fall in Indiana, you may have the right to seek compensation. But the legal process can feel overwhelming when you’re already dealing with pain and recovery. Knowing your rights and the steps involved makes a real difference in protecting your claim.
This guide walks you through what to do after a fall, the laws that shape your case in Indiana, and how to pursue the recovery you deserve.
Common Scenarios Leading to Falls from Heights
Falls from heights can happen almost anywhere, from busy construction sites to seemingly safe public areas. These incidents are often preventable, stemming from negligence, inadequate safety measures, or hazardous conditions. Understanding the common causes is essential for holding all of the responsible parties accountable and preventing future tragedies.
Below, we explore some of the most frequent scenarios that lead to these devastating falls.
- Construction Site Accidents: Construction workers face daily risks from elevated work. Falls from roofs, beams, and upper floors often result from missing guardrails, unsafe conditions, or inadequate fall protection.
- Unsafe Buildings or Structures: Crumbling balconies, broken stairs, and faulty railings can give way without warning. Property owners who fail to maintain these structures may be held responsible.
- Ladder and Scaffolding Incidents: Defective or improperly set up ladders and scaffolding cause many serious falls. Equipment failure and poor safety practices are frequent culprits.
Immediate Steps After a Fall from a Height
The steps you take in the immediate hours and days following a fall can significantly shape the strength of your legal claim. Navigating this critical period with care is essential. Here’s a breakdown of where to start to protect your rights and build a solid foundation for your case.
Prioritizing Safety and Medical Attention
Your health comes first. Call 911 or get to an emergency room right away, even if your injuries seem minor. Some serious conditions—like internal bleeding or concussions—don’t show symptoms immediately. Prompt medical care protects your well-being and creates a record that links your injuries to the fall.
Documenting the Scene
Evidence fades fast. If you’re able, take photos and videos of the area where you fell. Capture anything that may have caused the accident, such as a broken railing, a wet floor, or a faulty ladder. Get the names and contact details of any witnesses, too.
Reporting the Incident
Tell the property owner, manager, or your employer about the fall as soon as possible. Ask for a written incident report and keep a copy. This official record can become valuable evidence later on.
Legal Foundations of “Falls from Great Heights” Claims in Indiana
To win a high fall injury claim, you need to know the legal principles that govern these cases in Indiana.
Defining Premises Liability in Indiana
Premises liability holds property owners responsible for keeping their property reasonably safe. In Indiana, the duty an owner owes you depends on why you were on the property. The law recognizes three categories of visitors:
- Invitees: People invited onto the property for business, like customers or workers. Owners owe them the highest duty of care.
- Licensees: Social guests who enter for their own purposes. Owners must warn them of known dangers.
- Trespassers: People with no permission to be there. Owners owe them the lowest duty.
Establishing Negligence: Key to Your Claim
A successful claim rests on proving negligence. You must show that the property owner or another party owed you a duty of care, breached that duty, and caused your injuries as a result. For example, a landlord who ignores a broken balcony railing may be liable if that railing gives way and you fall.
Modified Comparative Fault: How it Affects Your Case
Indiana follows a modified comparative fault system under Indiana Code 34-51-2-6. This means you can still recover damages even if you share part of the blame for the accident. However, your compensation is reduced by your percentage of fault. If you are found to be more than 50% at fault, you are barred from recovering anything. So, if you’re awarded $100,000 but found 20% at fault, you would receive $80,000.
Types of Damages in Indiana Fall Cases
Compensation in a very high fall case is meant to cover both your financial losses and your personal suffering.
Economic Damages: Covering Your Losses
Economic damages reimburse measurable costs tied to your injury. These often include:
- Medical bills, both current and future
- Lost wages and reduced earning capacity
- Rehabilitation and physical therapy
- Costs for assistive devices or home modifications
Non-Economic Damages: Acknowledging Your Suffering
Non-economic damages address harms that don’t come with a receipt. These cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement.
The Personal Injury Claim Process in Indiana
Filing a personal injury claim involves several distinct stages, each with its own set of procedures and considerations. Navigating this process can feel overwhelming, so understanding what to expect along the way can provide clarity and peace of mind during a challenging time.
Consulting with a Personal Injury Attorney
A skilled Indiana personal injury attorney reviews your case, explains your options, and handles the legal details so you can focus on healing. Most personal injury lawyers offer free consultations, so there’s no risk in reaching out.
Investigation and Evidence Gathering
Your attorney gathers evidence to build a strong case. This may include medical records, accident reports, witness statements, photos, and expert opinions on how the fall happened.
Negotiation with Insurance Companies
Most claims settle out of court. Your attorney negotiates with the insurance company to seek a fair settlement that fully reflects your losses. Insurers often start with low offers, so having an advocate on your side matters.
Litigation: When a Lawsuit Becomes Necessary
If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and take your case to court. While many claims resolve before trial, being prepared to litigate strengthens your position.
Frequently Asked Questions about Indiana Fall Claims
How long do I have to file a claim in Indiana?
In Indiana, you generally have two years from the date of your injury to file a personal injury lawsuit, under Indiana Code 34-11-2-4. Missing this deadline usually means losing your right to recover compensation, so act promptly.
What if I was partially at fault for the fall?
You can still recover damages as long as you are not more than 50% at fault. Your compensation will be reduced by your share of the blame. If you’re 51% or more at fault, you cannot recover.
How much does a personal injury lawyer cost?
Most personal injury attorneys work on a contingency fee basis. That means you pay nothing upfront, and your lawyer only gets paid if you win. The fee comes as a percentage of your settlement or award.
Securing Your Future After a Serious Fall
A fall from a great height can leave you with painful injuries and serious financial strain. Indiana law gives you the right to hold negligent parties accountable—but the clock is ticking thanks to the two-year filing deadline. Taking quick action, preserving evidence, and working with a knowledgeable attorney can protect your claim and your future.
You don’t have to face this alone. The right legal team can guide you through every step with care and skill.
If you’ve been injured in a fall in Indianapolis, Indiana, Craven Blazek Law is here to help. We offer a free personal injury case evaluation and can meet you in person at our office or at your place of medical care. Prefer to connect remotely? We’re available by Skype, Zoom, or phone. We work on contingency, so you pay nothing unless we win your case. Reach out today to discuss your options.
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