FAQ

First, because it’s FREE. SHAW LAW never charges a fee until we win. And our fee comes from the other insurance company’s settlement – not your pocket.

You will never be charged if there is not a recovery. You literally have nothing to lose by hiring us.

Secondly, you can probably get a bigger settlement with us. We help you do two things you probably cannot do on your own – we can reverse the insurance company’s initial decision to deny responsibility by the business landowner for your fall. Our personal statistics show that 95% of all slip-and-fall claims are denied before filing a lawsuit by the insurance company/landowner.

We almost always get you more money. We can maximize the amount of your settlement and get you full justice by proving damages of all losses and harms. There is a big difference between an offer to give you a coupon off merchandise for your fall or getting a large settlement that includes money to cover all of your damages for your injuries.

For example, in one case we ended up recovering over $5,000,000 on a pre-suit offer to settle for $5,000 made by the insurance company. Additionally, our statistics show that nearly 95% of all of our cases receive a settlement offer at some time during the litigation. And, finally, another huge reason you should hire us -- we have never lost a single jury trial for a premises liability case in our 30+ years.

Because, you are entitled to more settlement money than just payment of your medical bills. Sometimes, a lot more money for “mental anguish” (pain and suffering).

Indiana law is clear – you are entitled to more than just your medical bills and lost wages. This, of course, is conditioned upon the landowner was at fault and that fault caused your injuries.

The money damages can include such other factors (in addition to medical bills) as lost wages, loss of future wages, disfigurement/scars, permanent injury, mental anguish (often called pain and suffering) and loss of inability to function as a whole person would.

There are no strict calculations necessary under Indiana law for those factors such as pain/suffering, disfigurement, mental anguish, permanency and loss of ability to function as a whole person. A jury simply must use its common sense and come to a reasonable figure.

So, when we try to get you a settlement, we attempt to predict what a jury would do if the case were to proceed to a jury trial. In theory, the other side also attempts to make this same prediction and offer somewhat less to minimize its risks.

No. Hiring an attorney almost always ends up putting more money in your pocket than if you tried this on your own. Insurance companies know they can beat you at a trial. Insurance companies also know it is very difficult to beat Shaw Law.

Our own personal statistics show that you make back significantly more than if you had not hired an attorney. National statistics seem to agree with our own.

Furthermore, all settlements are voluntary. So, we would never agree to a settlement that did not include attorney fees as part of the settlement offered (unless your case had severe chances of not recovering anything).

Finally, if nothing was being offered and responsibility was denied, only an attorney can usually change that determination.

No. You should never accept the first offer made by an insurance adjuster. Without an attorney, the first offer is almost worthless and you could be throwing away several thousands of dollars.

Insurance companies realize that many people want to avoid conflict or negotiating in any situation, so they make a small opening offer hoping to catch a bite (think of purchasing a car or a house – did you accept the first offer?).

Slip-and-falls are no different than any other large financial transaction. The first offer is nothing more than an attempt to get you to leave and go away for almost nothing.

Another major problem accepting the first offer is your inability come back later and get more money if your medical condition worsens. Only one settlement can be made on a case. Many people don’t know the full extent of their injuries until they finish medical treatments or see a specialist.

Many injuries cannot be properly diagnosed without an MRI or CT-Scan. These can take months to schedule (especially getting approval from your health insurance company).

Settling right away can result in no money added to your settlement for your true diagnosed injuries.

A good rule-of-thumb is to finish ALL medical treatments before attempting to settle ANY personal injury claim.

Maybe a tiny one. Not if you want a bigger recovery. Here’s the honest truth – small settlements can be done rather quickly.

But, if you want a large settlement this is usually done slowly. Insurance companies do NOT hand out money quickly or without a full and complete investigation of your current and prior medical conditions.

Many people are offered $500 plus medical bills payments to settle their case quickly. This is foolhardy in most circumstances and you could be throwing away tens of thousands of dollars or more with just a little patience.

No. Indiana premises law is clear (law when somebody is hurt on another’s land) does not assume the landowner/business was responsible for your fall. That’s why you need to hire Shaw Law – we can help prove your claim of negligence by the business landowner with evidence you cannot get on your own.

Any negligence claim is a “civil” action under the laws of the State of Indiana (not a criminal case but rather one where “money” is at stake only).

In order to recover any money, you must “prove” the business landowner was at fault or responsible for your fall. Fault means the business landowner did something wrong (unreasonable) under the circumstances that directly led to your fall and injuries.

Simply falling is not enough to win money according to the law. You must be prove the landowner knew about the defect on its land or should have known and failed to act reasonably to prevent your fall.

No business or landowner can be held responsible for your injuries until you provide it was “at fault” acting unreasonably under the circumstances (like knowing it was about to snow and not snow plowing or applying salt melt – that would be “unreasonable”). Just like an alleged criminal is presumed to be innocent in a criminal court of law, a landowner or business is presumed to not be responsible for anything – including medical bill payments – until fault is proven.

There are two ways to prove it (and get your medical bills paid plus perhaps more): (1) a settlement and (2) a jury verdict.

That’s why you need Shaw Law – we help prove “fault.”

No. Wal-Mart (and insurance companies in general) does not care about publicity – it cares about minimizing your settlement money.

Wal-Mart has thousands and thousands of people seeking compensation per year for injuries that occurred on its land. It is a big business. It does not care about publicity in that regard. Ask yourself how civil cases for injury you personally know about with Wal- Mart being the defendant. We bet it isn’t many off the top of your head without researching the internet.

Your case is no different – it is a business decision Wal-Mart and other businesses will make. It is not personal and bad publicity does not play a role in its decision-making when deciding if a settlement will occur.

Larger settlements take a little longer. We have been doing this for over 35+ years now. If you want a large settlement, it does takes a little time.

But, it does not take as much time as you might think. Time is going to pass regardless, you might as well be patient and see if you can acquire a big settlement with our help.

Additionally, we have learned through the years that almost all stories about friends or family are probably mistaken or the truth was stretched. Many people like to exaggerate their successes to impress you. We will not do that. We simply tell you the honest truth. All the time. Every time.

And the truth is that big settlements take time; small settlements can happen quickly, but not fairly. Would you rather listen to your friend or our law firm which has never lost a jury trial for premises liability and has over 30+ years of experience?

Hiring us is simple. You can do it from home if you have a cell phone.

It takes about 5 minutes, if you have an email.

In fact, you never need to leave your computer or smart phone. Simply call us or Zoom with us. We decide to most of our cases over the cell phone.

If we decide to take your case, we need your written permission to act on your behalf. So, we send you a written agreement by email. You simply “click” on your signature and we can get started on your case within 10 minutes every single time.

As often or as little as you like. Just let us know your preferred contact – IMs, DMs, Texts, E-Mails, Phone Calls, FaceTime or Zoom – we are here for you at your convenience. We usually answer all emails and texts within 10 minutes, every single day, 24/7.

We also attempt to send out emails once or twice a month to keep you up to date on your case.

Yes. You can change attorneys quickly and easily in Indiana and be required to pay ONLY ONE set of attorney fees. It’s the law.

If we accept your case, we work out the details with your prior attorneys to compensate them for their time. You never have to be involved or speak to them again. We simply ask you send them an email informing them you intend to switch attorneys to us.

No. Indiana law is clear. There is no such thing as “automatic” win or payments.

In Indiana premises law (law when somebody is hurt on another’s land), the landowner is not required to pay your medical bills while your case is pending or at all until you win and prove fault.

No business landowner must pay medical bills of anybody injured on their property before it is proven in a civil case they were “at fault” or responsible in some way for the injuries caused by their unreasonable conduct.

Just like an alleged criminal is presumed to be innocent in a criminal court of law, a landowner is presumed to not be responsible for anything – including medical bill payments – until it is proven.

But, we can help you get your medical bills paid quickly and fairly (or collections slowed or stopped). We can help with the various ways to accomplish it.

There are five different to get your medical bills paid: (1) a settlement (2) a jury verdict (3) a promise to pay from our law firm to the medical treaters, or (4) money borrowed by your case while it is pending, or (5) alternative insurance coverage known as “MedPay.”

Obviously, a settlement includes some compensation for medical bills or at least considers it. A jury verdict probably does the same thing.

We also use Letters of Protection promising to pay the medical treaters from the settlement proceeds when the case settles. This requires medical treaters who approve of this method.

We also know litigation lenders who extend funds to pay medical bills while your case is pending. Your collateral is your case (in other words, if you do not recover any money, you do not owe them back).

Finally, some business landowners have a separate insurance policy covering medical payments for bills of people injured on its land regardless of fault. It is rare, but it does exist. We ask whether this coverage exists in every single claim or case we handle for you. If it exists, we can get SOME bills paid up to the amount of the policy limits owned by the landowner/business quickly.

We can help you get the medical treatment you need. Even when you don’t have the money.

See Shaw Law for more help. Many medical treaters will treat you based upon a promise to pay by our law firm for their medical services if you win your case. That method is called a “Letter of Protection” and our office has knowledge of many medical treaters who will accept that method of payment for medical services.

Or we can get you funds from litigation lenders.

There are a few different ways. The best way is to use your own health insurance (for many reasons).

Your medical bills can be handled in a variety of ways. We can help you with all the various ways to get your medical bills paid, slowed or stopped.

Sometimes, medical treaters have already rendered treatment to you and issued a bill. If you do not have the money to pay the bill, there are various alternatives to collections or bankruptcy. We can contact the medical treaters and see if they would be willing to be paid upon a promise to pay if a settlement or verdict is reached.

Additionally, there are some litigation lenders that will lend you money (with your case as collateral) to pay your medical bills and personal obligations while your case is pending. We know of many of these types of institutions and have relationships with them. Our goal is to keep you afloat until a settlement or verdict can be reached.

No. Indiana law does not require your medical bills to be paid while your case is pending. Falling on somebody’s property is not enough to get your medical bills paid – we must prove “fault” of the landowner that caused your fall.

Indiana law does not require your medical bills to be paid by the landowner or business while your claim is pending. Before that can happen, we must prove “fault” (sometimes called “negligence”) first or reach a settlement. This part of the case can be demeaning and scary. Having bills and collections is never fun. Our goal is to keep you afloat until full justice can be reached as quickly as possible.

Maybe. We will help you slow or stop collections or get your bills paid while you wait.

See our previous answer above, but simply put, we can try to stall the medical treaters or reach an agreement to pay them later. Sometimes, we can get institutions to lend you money in the meantime to pay your medical and personal bills while the case remains pending. There are options and we have good relationships with many to help you in this regard.

It avoids collections and can increase the money in your pocket after a settlement is reached. There are many advantages to using your own health insurance now. First, it avoids collections. Secondly, it could result in a bigger settlement (cases with more medical bills tend to receive more than cases with fewer medical bills).

You should use your health insurance when available for three reasons.

First, you bought health insurance for a reason – to pay your medical bills when you get hurt. You should use what you paid for.

Second, the goal is to get all medical bills by any source while your case is waiting for a settlement or verdict. Collections is no fun. It does not help your credit report. If your own health insurance can help you avoid collections, then it is a worthwhile goal to use it.

Finally, there is a financial benefit to using your health insurance to pay your medical bills. Indiana law says that repayment to the health insurance company from the settlement can be reduced for attorney fees and expenses (there are some exceptions to this reduction such as federal ERISA health insurance plans and a few others).

So, using your own health insurance can result in more money in your pocket after a settlement is reached.

Yes. You can borrow money using your case as your security. And we know the groups who do it at a reasonable price.

There are many financial groups out there who are willing to lend money to litigants who have cases pending where the lawsuit is the only collateral. In other words, if the lawsuit is lost or not settled, then no repayment is necessary.

We have relationships with many of these groups and can put you in touch with them. They will then contact us for further information and we can help secure your loan while your case is pending.

No. The insurance company won’t get “mad.” Hiring an attorney is the best way to get a large settlement and they know it and fully expect smart people will do it.

As stated above, the decision to settle a case and/or pay medical bills by an insurance company is not a personal one. It is a financial one.

Insurance companies do not make decisions to pay out of kindness or generosity. Insurance companies make decisions to pay based upon minimizing risk of paying more later.

Getting an attorney helps you highlight the risk to the insurance company. In other words, an insurance company is more likely to pay your bills or make a settlement if you hire us, because it knows that we are experienced and knowledgeable. It knows we are not afraid to go into a court of law and prove your case. Hence, they offer to settle often.

Hire Shaw Law. It happens all the time and is no surprise – they asked for a statement, but now, they refuse to pay like they promised. We can still help you even after you give a recorded statement to an insurance adjuster.

Insurance adjusters often lie. They will claim that no medical bills can be paid until a recorded statement is given to learn more about what happened. In reality, there is only one reason for them to request a recorded statement – they want to trip you up and deny your claim when you make a mistake during the statement.

Never give a recorded statement without talking to us first.

You have two years to file a lawsuit in a court of law before your claim expires.

Consequently, that is usually plenty of time to get medical treatment and come back to provide further information.

My advice to respond to an insurance adjuster who wants a recorded statement soon after the injury: tell them “I am focusing upon my health right now. I will contact you later when I feel better.”

Then call Shaw Law.

No. Payment of medical bills has NOTHING to do with giving a recorded statement to the insurance adjuster.

Insurance adjusters will often lie to you. They will insist a recorded statement is necessary and then medical bills will be paid. This is simply not true. Payment of medical bills depends upon whether:

1. there is separate MedPay coverage; or
2. whether we can prove fault.

Statements have nothing to do with payments. Ever.

No. Our goal is always first to settle before filing a lawsuit. But, most insurance companies deny any responsibility and blame you in a slip-and-fall. So, most slip-and-fall claims do end up filing a lawsuit (about 95% require a lawsuit in my 30+ years of experience.

In fact, hiring an attorney is the best way to avoid court and receive a big settlement. Almost 98% of all our cases never see the inside of a court room at any time. All investigation is done outside the court room, including your statement, if one is given.

No. Nobody is going to jail as a result of your claim or case. Your claim for negligence on the part of the business landowner is civil action and not a criminal action under Indiana law. Civil actions seek monetary relief only; criminal cases involve people possibly going to jail.

The two types of cases are different. You will be in civil court with a civil court Judge. No employee or management member is going to jail. You are not going to jail if you lose. This is a civil case and the only remedy is money.

No. Not every case goes to trial. In fact, almost 98% of all our premises liability cases receive a settlement offer for some amount.

Whether your case receives a settlement offer depends upon a thousand different things – how far along you are in your treatment, whether your injury is minor or severe, whether we can prove fault easily on your case or it will be more difficult. Even the COVID-19 virus stopped court rooms from seeing cases and setting trials, which has delayed things dramatically but we are almost back to normal.

Statistics used to show most cases settled within 1 year and almost all by 2 years. While that might sound like an eternity, it really isn’t. Especially when it comes to big money transactions like personal injury settlements.

Maybe. But it is worth it.

While it is true that court cases and litigation take more time, it is due to a more extensive investigation done by the other side. We also do a more thorough investigation of why this incident occurred. This can include written questions to each side and oral statements given under oath to a court reporter (depositions). While that might take a little longer, the settlement is usually much, much higher due to the increased risk for the insurance company of going to a verdict.

Remember, verdicts are decided by a jury. A jury is 6 people off the street that neither side knows prior to the morning of trial. Insurance companies hate risk and losing money unnecessarily. The ONLY reason an insurance company will pay a settlement is to avoid losing more in the future. Consequently, we do our best to make them aware of the risk and be very, very afraid of us.

Because good settlements take a bit longer to investigate by both our side and the insurance company on the other side.

And good things can come to those who are patient.

Litigation has a discovery phase (investigation stage) in which both sides determine what happened.

There will be a stage for settlement discussions ordered by the Court, but it can take awhile to get there.

Remember, bigger settlements take longer because big money is involved and insurance companies will commit to an extensive litigation before they decided to pay bigger money for a settlement. All money transactions take time and litigation is no different.

Our personal statistics show that most cases settle within 1-2 years. While that might sound like an eternity, it really isn’t. That time will pass regardless – we might as well attempt to get you a significant settlement while we wait.

Once before we file the lawsuit. If they refuse, we file a lawsuit and then ask again at a settlement conference near the end of your lawsuit.

If you are done treating medically and we have not filed a lawsuit, we will ask for settlement once your medical condition is stabilized and we have all of your medical records and bills.

We acquire those records, forward them onto the other side and make a demand for payment based upon our experience and the facts of your case.

If they respond, we share the response with you.

While we cannot guarantee our settlement demand will be met, we attempt to give the other side the best opportunity to avoid a trial.

We cannot force them to settle. But, we can do our best to convince the other side it is clearly in their best interest to avoid a trial.

If we must go to trial – that’s where we really shine.

It depends. The amount we demand depends upon a variety of factors.

Settlement demands are more like “art” than “science.” It depends upon many different factors. We are trying to guess what a jury would do if they heard your case in a court of law and had to calculate a verdict. As you know, predicting the future is very difficult. But, there are certain factors we see over and over that provide us a framework for the amount – including similar injury cases we have handled.

You do. We always, always consult with you before making any settlement demand. While we might talk “round numbers” with opposing lawyers outside your presence, you are the “boss” of your settlement. We give strong advice, though.

You decide and must sign paperwork showing you agreed to a settlement. It is done in writing each and every time. Emails can suffice; the important thing is your consent is necessary and must be in writing before we agree to ANY settlement.

It depends upon the nature of the injury. Pain and suffering is usually the largest part of any settlement. And we have the know-how and decades of experience to get it done.

The amount is not written in stone. But, we know how to get you fairness.

As stated above, the largest part of any settlement or verdict is usually not the medical bills – but rather some money to compensate for mental anguish (pain and suffering) or inability to function as a whole person.

There are many ways to prove these damages. We can talk to your doctors or family and friends who can provide us with stories and explanations about your injuries and recovery process.

We can submit health records that display your pain during the course of your treatments.

Sometimes, we are able to hire an expert witness who can give opinions about your pain and suffering. We have multiple ways we attempt to maximize your recovery and over 30+ years of experience in doing so.

We have a prior contract that makes it clear before you get a settlement. You will receive the total of the settlement amount with deductions for:

• Attorneys Fees;
• Litigation expense (like expert witness fees; court costs; deposition transcriptions, etc.)
• And any unpaid liens (entities that paid your medical bills or hospital liens). The remaining money is all yours.

Partly yes. But, a settlement amount is based upon a prediction of what a jury would award if there was a jury verdict. This includes more than just medical bills, including lost prior wages and future wages, disfigurement, permanency of the injury, mental anguish (often called pain and suffering), and inability to function as a whole person.

While a jury does NOT calculate these according to a strict mathematical formula, there are ways to attempt to estimate what the value of each of the factors could be.

Our goal is to maximize your recovery.

The deductions from a settlement include:

• Attorney Fees (sliding scale based upon stage of case);
• Litigation expense (like expert witness fees; filing fees in court; deposition transcriptions, etc.)
• And any unpaid liens (entities that paid your medical bills or hospital liens). The remaining money is all yours.

A very general rule of thumb is you usually recover about 50% (or half) of the total settlement.

Generally speaking, it is always a good idea to file the lawsuit when your injuries are more severe or permanent. The investigation done prior to paying a settlement is very similar to that done in a lawsuit anyway – so it just makes sense to do both at the same time and put fear into the insurance company of future risk.

Also, we must file a lawsuit when responsibility for the injury is denied by the landowner or business insurance company. Otherwise, there is no way of forcing a settlement.

No. It is not always necessary to file a lawsuit. And even if we do file, your chances of a jury trial are very, very small. We only file if responsibility is denied by the landowner or business for your injury. But, it is often a good idea to file a lawsuit if your injuries are severe and we are seeking big money settlement.

Remember, 98% of all our cases NEVER see the inside of a court room. Most cases settle out-of-court.

Indiana law requires us to name the actual business or landowner or person, but they don’t pay. This is a tricky question – although we must name the business or landowner as the “official” defendant in a premises liability case by law (not the insurance company), you will see it is actually the insurance company that hires the lawyer and decides upon any settlement or litigation strategy.

This arcane law is based upon the idea that naming the insurance company officially in paperwork would prejudice a jury against that insurance company and the business that purchased that insurance. Dumb law, but for now, it stands.

Indiana law says we cannot “name” the insurance company on any official court pleadings. The topic of insurance is not admissible in Court. It is an old and unfair law.

But, the insurance company remains the actual decisionmaker on settlements and pays all settlements.

Not necessarily. Litigation always takes a little longer because big money is involved and insurance companies will commit to an extensive investigation before they decided to pay bigger money for a settlement. Money transactions always take time.

Also, courts tend to set deadlines far in advance and attorneys use all of the available time for each stage of a case (ask me about the typical stages of a lawsuit).

Shaw Law can help prevent this from happening. One way is to pay with your health insurance. Some business landowners have a separate insurance policy covering medical payments for bills of people injured on its land regardless of fault. It is rare, but it does exist. We ask whether this coverage exists in every single claim or case we handle for you. If it exists, we can get SOME bills paid up to the amount of the policy limits owned by the landowner/business quickly.

Indiana premises law (law when somebody is hurt on another’s land) does NOT require any business or landowner to pay your medical bills.

Nobody is responsible to pay anything to you before it is proven that they were “at fault” or responsible in some way for the injuries caused by acting unreasonably under the circumstances. Just like an alleged criminal is presumed to be innocent in a criminal court of law, a landowner is presumed to not be responsible for anything – including medical bill payments – until it is proven.

There are two ways to prove it and get your medical bills paid: (1) a settlement and (2) a jury verdict.

We will try to contact your medical billers and see if they are willing to delay collection until your case is over.

Or we will see if a litigation lender is willing to lend you money with your case acting as your collateral.

Whenever big money is involved (and this includes settlements), the insurance company want to make certain it is deserved. They will check for fraud. They will check and see if your injuries can be blamed on something that happened in your past; or something that happened after your fall. This includes poring over your medical records before and after your fall. It might include talking to your doctor or another reviewing doctor to look over your records.

They will want to ask why you fell. And they will want to see if the business landowner truly did something unreasonable that caused your fall. That includes talking to witnesses.

All of this takes time. And your patience. But, if you hang in there, most people find it was worth the wait.

In order to win a slip and fall case, the injured person must be able to prove two things:

• A hazardous condition on the property caused the fall and
• The defendant (the property owner) had “notice” of the hazard.

This might sound elementary but it’s amazing how many times the two elements can get confusing. Being able to prove these elements is necessary to move your case forward to a jury. Oftentimes, a defendant property owner’s lawyer will file what is called a “Motion for Summary Judgment” that asks the judge to throw the case out of court before a trial because one or both of these elements cannot be proven. This is because Indiana follows laws from a long time ago that require these two elements be shown in order to win.

Indiana law requires that we prove the Defendant landowner or business was “at fault” or “negligent” over 50% for the fall to recover damages for any harms and losses you might have suffered.

Indiana law follows a certain legal standard when determining who was actually at fault for the fall. If you were invited onto the land as a guest or customer, a jury is entitled to determine if you were being careful or “should have known” about the hazardous condition that caused your fall.

The Defendant has the burden of proof on this concept. In other words, the Defendant must prove your fault. This proof can come from various sources such as statements made by you at the scene (or later) and other witnesses who saw the hazardous condition before or after the fall. Warning signs can also be discussed as proof of your lack of carefulness.

Because of Indiana law which says that “fault” is divided amongst the parties involved (you and the Defendant). And if your fault exists in some portion, then your settlement/verdict is reduced by that same portion.

For example, let’s say you have a case worth $10 for an injury. As long as the Defendant is 50% or more at fault, you can recover damages. But, let’s say your fault is determined to be 30% for not observing a warning sign near the hazard – your total settlement/verdict would then be $7 ($10 – 30% = $7)

You must show the landowner/Defendant/business had “notice” of the hazard before you fell (or should have known).

This is a trickier concept. Many people have a hard time understanding why notice to the defendant property owner is required to be proven by the injured person. Once again, it’s old Indiana law. It’s rooted in a sense of fairness to the landowner. If the landowner did not know there was a hazard, why should he be held responsible for not fixing it?

Consequently, you must show the landowner knew about the hazard. This means the owner had actual knowledge or actual notice or the owner should have known about the hazard (known as constructive knowledge or constructive notice) and didn’t fix the problem or warn others about it.

How long the hazard existed in its particular spot helps determine whether the defendant knew or should have known about the hazard. Clearly, if something is completely unknown to the defendant and impossible for him to discover, you cannot win your case. That wouldn’t be fair to the property owner.

On the other hand, if you can show the hazard was caused by the natural activities of the property owner, like a leaky cooler in a grocery store, you might not be required to prove “notice” at all. It might be assumed the landowner knew by law.

The basic idea by requiring you to “prove” notice is that it would be unfair to businesses or landowners to pay damages for hazards they did not know about or should have known about.

The “standard of care” is the legal obligation the Defendant owed you. And that is determined by your status on the land. Trespassers are not owed much in the way of a duty – standard of care.

Guests and customers are owed the highest duty. That is often called “reasonable care.” It means the Defendant must have acted “reasonably” under the circumstances.

For example, let’s say you fell in a parking lot on ice. The Defendant plowed and salted 15 minutes earlier. The mere fact you fell on ice does not mean you are entitled to damages – you must prove the Defendant acted “unreasonably.” In this example, the Defendant will present a very strong argument it acted reasonably before your fall to prevent your fall.

We can ask them to give statements; we can review incident reports; we can review safety guidelines written by the store with regard to inspections or plowing/salting policies. And we can check to see if those plowing/salting efforts were actually done or not around the date of your fall.

If the Defendant knew bad weather was going to happen in the early morning hours and the store/business opened at 9 AM, then showing the Defendant did not plow/salt until after opening hours could be considered “unreasonable.”

Probably not. Indiana law says the Defendant must have a chance to “remedy” or fix the hazardous condition. And there are Indiana appellate cases that rule landowners cannot be expected to fix parking lots or sidewalks during an active snowstorm. Of course, the facts depend heavily upon when the snow started or stopped.

See our previous link (here) for what to do immediately after a fall to help get a settlement fairly and quickly.

It depends. Warning signs are designed to provide you with notice of the hazardous condition before you fell. If you had notice of a hazard and chose to voluntarily walk upon it anyway, then you cannot recover damages.

However, many warning signs are not adequate in content or placement. Shaw Law has recovered damages in many, many cases where warning signs were present before a fall. See Shaw Law for details.

It depends. Shaw Law has recovered damages in many, many cases where warning signs were present before a fall. Many warning signs are not adequate in content or placement.

See Shaw Law for details.

Warning signs are designed to provide you with notice of the hazardous condition before you fell. If you had notice of a hazard and chose to voluntarily walk upon it anyway, then you cannot recover damages.

During the discovery (investigation) phase of a lawsuit, the law requires you to answer written questions. After that, you could be required to answer questions during an oral examination (deposition). Very rarely (less than 2% of the cases) you could be required to meet with a doctor of Defendant’s choice to get examined.

Of course, Shaw Law will be there with you every step of the way.

Discovery is often called “investigation” stage: A lawsuit makes the insurance company assign the case to a lawyer or law firm to use discovery procedures. Both sides, including us, have the right to use discovery procedures. Discovery is synonymous with investigation and includes:

Interrogatories: are written questions to/from the other side, which have to be answered in writing under oath. They send approximately 30 (thirty) questions to you. We must answer them timely, usually within one month. I will help you type the answers and rephrase them, but you must fill out the answers initially after I send them to you by email or mail. Then we will get together with you before we send the answers to the other side.

You will not always have complete answers. In fact, some of the questions are directed only to me. But, you need to do your best and fill out your portion quickly and return ONLY TO ME. Shaw Law will finish the answers and raise proper objections.

Discovery is often called “investigation” stage: A lawsuit makes the insurance company assign the case to a lawyer or law firm to use discovery procedures. Both sides, including us, have the right to use discovery procedures. Discovery is synonymous with investigation and includes:

Depositions. Yes, you will have to attend a deposition (the good news is this can often be done at home from your cell phone/computer and Shaw Law always tries initially to schedule a deposition in this fashion).

Shaw Law will prepare you beforehand for the deposition. We will send you informative videos to watch; handouts to read and we will call you to prepare (or meet) for anticipated and/or tricky questions from the other attorney.

Your statement is under oath and will be transcribed. It can be used in future court proceedings or pretrial/trial briefs and pleadings. So, it is very important to get right.

You typically only must attend one deposition (unless the time runs over).

When you file a lawsuit, you have placed your bodily condition at issue. Because Indiana law says your medical treatment is part of the allowable “discovery” (investigation process). After all, the nature and extent of your injury determines the amount of damages. We must be able to prove you were injured in order to recover damages.

The other side wants the opportunity to see if you had pre-existing medical conditions or complaints of a similar nature before your case. Courts will allow that, but we typically ask all medical requests be limited to the prior 10 year period.

Remember, seeing your old medical records does not necessarily mean they can be used as evidence in any future jury trial (but they can be asked about during your deposition as that stage of the case is still “investigation”).

If the arthritis was in the same site as the current injury (and if it caused prior pain), then a Defendant will argue this injury did not “cause” your pain, but rather made it worse.

While Indiana law still allows monetary damages to be recovered for pre-existing injuries that are made “worse,” Defense lawyers know juries tend to reduce the verdicts if the injury in your case has been injured/painful before this event.

The insurance company sends Shaw Law the settlement check. Your agreement with Shaw Law allows us to sign it for your convenience. We will repay all medical liens, deduct our fees/expenses and send you the remainder.

YOU WILL ALWAYS SEE AND KNOW THE AMOUNT OF MONEY IN YOUR POCKET BEFORE ANY SETTLEMENT.

By law, Medicaid and Medicare must be paid back from your settlement proceeds. This law concept is called “subrogation” and you agreed to do that before you hired Shaw Law. It was in your health insurance agreement with Medicaid/Medicare. Shaw Law will help renegotiate the actual amount of money you must pay back.

You want to make sure you repay Medicaid/Medicare in order to ensure continuing medical health coverage for the rest of your life.

No. You will see the amount you are going to get before a check is sent out.

Also, the insurance company will not be allowed to settle for less than what we agreed upon. We will make certain any settlement agreement or release is in writing.

By contract law, your health insurance must be paid back from your settlement proceeds. This law concept is called “subrogation” and you agreed to do that before you hired Shaw Law. It was in your health insurance agreement. Shaw Law will help renegotiate the actual amount of money you must pay back.

We want to make sure we pay them back (at a reduced amount usually) so it does not interfere with your future health insurance coverage.

There are many ways to settle. One way is for Shaw Law to communicate with the other side and its adjuster or attorney.

But, the most common way is for all parties to meet at a scheduled “mediation” or “settlement conference” with the Judge’s appointed assistant to see if a settlement can be reached.

You WILL BE THERE. Shaw Law will be there with you.

Mediation is a form of settlement negotiation conducted and assisted by an impartial attorney trained in the art of settling lawsuits. He acts as the “assistant” to the trial court Judge in this case.

Unlike arbitration and other kinds of alternative dispute resolution, mediation is not a trial where something is decided – it simply is a chance to either settle your lawsuit or proceed to trial.

Mediation is informal. Wear comfortable clothes.

Show up about 15 minutes early so we can talk.

You will not meet with the other side. You will only meet the Mediator with me seated by your side.

Mediation happens in separate rooms where each side meets confidentially with the mediator.

NOTHING WE SAY CAN BE USED IN COURT. NOTHING.

NO SIDE CAN MENTION AT TRIAL THE AMOUNT OF $$$ MONEY THE OTHER SIDE WAS WILLING TO SETTLE FOR. NO SIDE CAN MENTION MEDIATION HAPPENED AT ALL TO A JURY.

YOU ARE NOT BEING RECORDED.

YOU ARE NOT REQUIRED TO SAY ANYTHING – NOT A SINGLE WORD. (We do all the talking normally as we explain the case to the Judge’s Mediator with you).

ALSO, MOST COURTS REQUIRE MEDIATION BEFORE YOU ARE ALLOWED TO GO TO TRIAL OR RECEIVE ANY TRIAL DATE SCHEDULING.

Yes. But, if the injury happens inside your apartment, it is much more difficult but you can recover for “hidden” or “latent” defects known to the landlord but not to you before the injury event.

Another exception is if the lease obligates the landlord to maintain something specifically inside your apartment.

A final exception is you brought an unsafe condition to the landlord’s attention and he/she indicated a repair would be made, but it was not done (or done incorrectly).

Yes. The method of falling can provide some evidence of the type of hazardous condition that existed prior to your fall. For example, most trip-and-fall cases that involve uneven levels/cracks in pavement or obstructions in a pathway result in the injured person falling forward rather than backwards. This provides some corroboration of the hazard when looking retroactively at it.

Many slip-and-falls on ice result in falls backwards. (There are always exceptions to these general scenarios).

Indiana law dictates what can be recovered as specific types of “damages” in a personal injury lawsuit. A jury decides the amount of your damages (a Judge can only overturn for a verdict that is unreasonable or lacks a basis from the evidence and is very rarely done).

These can include:

1. the nature and extent of the injury and the effect of the injury upon your ability to function as a whole person;
2. whether the injury was temporary or permanent;
3. the value of lost earnings or loss or impairment of earning capacity;
4. the physical pain and mental suffering you experienced and will experience in the future as a result of the injury;
5. the reasonable value of necessary medical care, treatment, and services plaintiff incurred or will incur in the future;
6. the aggravation of a pre-existing injury, if any;
7. the disfigure or deformity caused by the injury (such as scars);
8. your life expectancy (if the injury is permanent to calculate how long you must live with the pain).