Slip and fall accidents can lead to several injuries, from minor bruises and scrapes to more serious injuries like broken bones, head trauma, and spinal cord damage. Sadly, these accidents are somewhat common and can be caused by a variety of factors, including wet or slippery surfaces, uneven ground, or hazardous obstacles.

One incredibly serious injury that a slip and fall victim may suffer from is a lumbar compression fracture, which occurs when one or more of the vertebral bones in the lower back collapses or becomes compressed. This injury often requires expensive medical treatments, including medications, diagnostic imaging, physical therapy, and sometimes even surgery. Additionally, it may keep you from working and enjoying life, as the affliction can limit your mobility and activity.

Because these injuries can hurt your finances as well as your physical and emotional health, it’s important to file a claim or slip and fall lawsuit against the responsible party to recover damages. Here’s what you need to know about recovering compensation after a lumbar compression fracture.

What is a Lumbar Compression Fracture?

Lumbar compression fractures are a type of injury that can result from sudden trauma to the lower back, including the impact of a slip and fall injury.

These injuries and other types of spinal compression fractures are fairly common after slip and falls because victims often land in a seated position, creating downward pressure against the spine. The impact causes the front part of the vertebrae to collapse, compressing the vertebrae into a wedge shape.

Lumbar compression fractures affect the vertebrae in the lower back from the L1 vertebrae to the L5. They can cause a range of symptoms, including back pain, reduced mobility, and difficulty standing or walking. In more severe cases, the fractured bone may push against the spinal cord or nerves, leading to neurological symptoms like numbness, tingling, or weakness in the legs. Those suffering from a severe compression fracture may also have difficulty controlling their bladder and bowels.

In addition to the immediate harmful effects of a lumbar compression fracture, victims may suffer from long-term effects, especially because these injuries may take months or even years to heal.

Some of the issues may include:

• Being unable to work
• Ongoing pain
• Difficulty enjoying life
• Gaining weight and losing muscle due to inactivity
• Mental health afflictions, such as depression, anxiety, and post-traumatic stress disorder

Indiana’s Premises Liability Laws

Slip and fall accidents are under Indiana’s premises liability laws, which state that property owners have a responsibility to keep members of the public safe. If you fall due to an unmarked hazard on commercial property, public property, or at a private residence, you may be able to recover compensation.

Indiana law requires property owners to fix any known hazards that could cause a slip and fall or another accident, and if they’re unable to fix the hazard, they must alert the public. For example, you’ve likely spotted a “wet floor” sign inside of a grocery store or gas station, and this warning is meant to protect the business from liability. Without the sign, someone could suffer a fall injury and then sue the store’s owner.

Recovering Compensation for a Lumbar Compression Fracture

If you’ve suffered from a lumbar compression fracture after a slip and fall, you can file a claim or lawsuit against the negligent party, but you’ll need to prove that they were responsible for your injuries. You must prove four elements of negligence to recover financial compensation: duty, breach of duty, causation, and damage.

Duty refers to the legal obligation that an individual or entity owes to others to act with reasonable care in a given situation. If you slipped inside a private residence due to loose floorboards, the owner had a duty to keep you safe under premises liability laws. They breached their duty because they didn’t exercise reasonable care to protect you. The owner should have either fixed the loose floorboards or warned you of this potential hazard.

You can prove that the property owner didn’t exercise reasonable care through eyewitness statements and any photographic or video evidence that displays the hazard.

Causation involves demonstrating that the breach of duty directly caused you to sustain harm or injury. You need to draw a direct link between the slip and fall accident and your lumbar compression fracture. You can do this through your medical records, doctors’ notes, and expert medical witness testimony.

Finally, you need to prove that you suffered damages. These could include medical bills, lost wages, loss of future earnings, pain and suffering, and more. You need to retain all of your medical-related receipts and expenses, and you should provide proof that you had to miss work due to your injuries.

Comparative Negligence After a Slip and Fall

Sometimes, the property owner is not at fault after an individual suffers a slip and fall accident. For example, if an individual failed to observe a warning sign or was injured by a hazard that was open and obvious, meaning that a reasonable person should have noticed it beforehand, they may be considered liable for their own injuries. Additionally, they may be found liable if they were under the influence of drugs or alcohol at the time of the fall or engaged in reckless behavior.

Often, both the victim and the property owner are found partially liable after a slip and fall injury. Indiana uses a modified comparative negligence system to determine fault in personal injury cases. Under this system, a victim may still recover damages for their injuries even if they are partially at fault for the accident. As long as you’re under 51% at fault for the accident, you can still recover compensation, but your percentage of blame will directly impact your damages.

For example, if you fall on a slippery surface but were distracted by your phone at the time, both you and the property owner could be found partially liable. Perhaps the property owner is considered 80% negligent because they failed to maintain safe walking surfaces and you are considered 20% liable because you may have avoided the accident if you hadn’t been distracted.

If you’ve been found 20% liable, you’ll recover 20% less compensation for your injuries. Let’s say that all of your combined damages add up to $100,000. Because you were 20% liable, you’ll only be able to recover $80,000.

Contact a Slip and Fall Accident Attorney to Maximize Your Compensation

If you’ve suffered a lumbar compression fracture or another injury after a slip and fall, you need to contact seasoned slip and fall accident attorneys to help you with your case. Fortunately, you’re in the right place to get started — Poynter & Bucheri Accident Recovery Attorneys at Law has years of experience helping Indiana residents recover the compensation they deserve for slip and fall injuries.

We’ll help you prove your case against the liable party, and we’ll work to get you the most compensation possible!

You can get a free case review today by calling 1-800-265-9881, or you can schedule your case review online here.