Personal Injury Attorney in Elkhart Indiana

Dealing with your medical bills?

If you’ve suffered a serious personal injury, it’s easy to rack up medical bills you can’t afford. Chances are, your injuries also forced you to miss work and lose your income. Insurance companies are no help either, as they work hard to reduce the amount of compensation that you receive. But here at the Wilson & Kinsman LLC, our personal injury attorneys in Elkhart Indiana are here to help. Let us deal with your health care providers and previous employer to restore lost wages and help you pay off your medical bills. Contact our Indiana personal injury law firm today to schedule your personalized case evaluation with our experienced Elkart accident attorneys. Let our legal team deal with your health care providers and previous employer to restore lost wages and help you pay off your medical bills.

Common Situations in Premises Liability Cases

Every property owner should make a reasonable effort to maintain a safe environment, which is why they can be held responsible for damages if a visitor is injured due to the state of the premises. If you’ve suffered serious injuries due to any of the following situations, you may be entitled to receive compensation.

  • Animal and Dog Bites
  • Children on Property
  • Dangerous Property
  • Negligent or Inadequate Security
  • Inadequate Maintenance
  • Retail Store Liability
  • Restaurant Liability
  • Slip and Fall Accidents
  • Swimming Pool Injury

If you or someone you love has sustained a personal injury, make sure to consult with an experienced personal injury attorney in Elkhart Indiana. Call us at Wilson & Kinsman LLC to schedule an initial consultation today.

What Can I Get Compensation For in an Indiana Premises Liability Claim?

Accidents are potentially life-changing. Getting compensated for your injury can mitigate all the expenses you have to pay for such incidents. The extent of the owner’s negligence in performing their duty determines how much compensation you can get. 

For Indiana premises liability claims, the damages you can pursue include:

  • Lost income (past and/or future)
  • Medical expenses (past and/or future)
  • Mental anguish
  • Pain and suffering (emotional and/or physical)
  • Scarring and disfigurement
  • Loss of consortium
  • Punitive damages (if the at-fault party’s conduct was malicious).

Ideally, you should be able to easily turn to the property owner’s insurance (such as their commercial liability insurance or homeowner’s insurance) to seek compensation. However, you may find the insurance company or their lawyers looking for ways to shortchange you or even deny your claim altogether. 

Indiana law applies modified comparative negligence. This means that the amount you recover is proportionate to your fault. For example, if you were awarded $100 in compensation but 10% of the responsibility for the accident falls on you, then you will only receive $90. However, if you are found to be more than 50% responsible for the accident, you cannot claim even a cent of compensation. 

This is why it is crucial to have an experienced premises liability lawyer to handle your case. Every mistake can cost you dollars which could have gone toward your recovery. Our knowledgeable Elkhart personal injury attorneys know the law and how to get you the maximum compensation possible. Talk to us today to schedule a consultation. 

How Can I Prevail in My Premises Liability Case?

Under Indiana law, property owners and managers have a duty towards visitors. However, different degrees of this duty varies depending on whether the visitor is there with permission or if they were not supposed to be there. 

Your status as a visitor will determine the property owner’s responsibility towards protecting your safety. You may fall under one of three categories:


This is a category of visitor that actually has three sub-categories:

  • Social guest. The host has invited you to the property. For example, suppose you are a friend who has been invited to a pool party at a neighbor’s house.
  • Business invitee. You have been “invited” to the property for the owner’s financial profit. A customer in a business or restaurant is an example, so is a fan at a concert or sporting event in an arena.
  • Public invitee. You are a member of the general public who is on the property for the same reasons it is open to the general public. For example, suppose you and your child go to a city park or playground.

A property owner must exercise reasonable care to invitees. They are required to keep their property reasonably safe for invitees, or else notify them of potential hazards. 


You would fall into this category if you were on someone else’s property with their permission for your own convenience, curiosity, or amusement. For instance, you may have been on hunting property with authorization. In general, the owner or occupier owes merely the duty to refrain from knowingly injuring you or worsening the dangers present.


If you are on someone else’s property without permission, you are in this category. In general, the owner’s only responsibility is to avoid willfully injuring you if they discover you are present. An owner or an occupier cannot set traps on their property to purposely harm trespassers. 

A Note on Children

The law recognizes that children do not have the same mental capacity as adults. As such, children who trespass have a different treatment. This is where the concept of “attractive nuisance” comes in. 

A dangerous condition that can potentially attract children onto the property, such as a swing set or a swimming pool, is an attractive nuisance. Property owners may be held liable for children who get injured on their property in pursuit of an attractive nuisance. Comparative fault principles are also relaxed when dealing with children.

As you can see, premises liability laws are complicated. A competent personal injury lawyer can be the difference to prevailing in your personal injury claim. For favorable verdicts, hire our Elkhart premises liability lawyer as your legal representation.

Get help from our esteemed Elkhart  Premises Liability Lawyer Today 

Picture this: a stranger, whether due to incompetence or negligence, made a mistake that caused an accident. Imagine suffering from exorbitant medical bills, physical and emotional pain, and loss of wages because of someone else’s irresponsibility. We don’t want that to happen to you.

Our dedicated Elkhart attorney will handle everything from negotiating with insurance to representing you in court. Once you hire us, all you have to do is concentrate on your recovery while we strive to get you the maximum compensation possible.

Your recovery starts with a phone call. We serve Elkhart, Michiana, South Bend, Goshen, and neighboring counties in Indiana. Our personal injury lawyers also handle car accidents, truck accidents, medical malpractice cases, defective products cases, and more. Call our trusted premises liability lawyer today for a personal case evaluation!

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Read what our former clients have to say:

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.