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Law Offices of Moseley & Martinez, LLC
Moseley & Martinez Injury Lawyers sign at 8002 Utah Street, Merrillville

Why Indianapolis clients call Moseley & Martinez

Indianapolis has more crashes than any city in Indiana, and the two Level I trauma centers that treat the worst of them. We represent Indianapolis clients the same way we represent clients in Merrillville: by phone, video, and in person when it matters, with the case filed and tried in Marion County. Our Merrillville office is at 8002 Utah Street, Merrillville, IN 46410, and you can reach it at (219) 472-8391. Most of an injury case is handled by phone, email, and video, and we travel to Marion County for the parts that need us there: depositions, mediation, and trial.

I-465 and the north split, the I-65/I-70 interchange downtown, and the arterials around the airport are the corridors that fill Methodist and Eskenazi. Indianapolis injury cases are defended by the largest insurance defense firms in the state, which is a reason to have a firm that prepares every file for trial. We travel to Indianapolis for depositions, mediations, and hearings; the rest of the case runs by phone and secure document sharing, as most of our cases already do.

Where Indianapolis cases are filed: Marion Superior Court, Civil Division, at the Community Justice Campus in Indianapolis.

Hospitals we work with for Indianapolis clients: IU Health Methodist Hospital, Eskenazi Health, Ascension St. Vincent Indianapolis, Community Hospital East, North, and South. We request records and bills directly so you are not chasing them.

  • A straight answer about whether you have a case, free, and no fee unless we recover money for you
  • Spanish-speaking staff: se habla español
  • Demand packages built to litigation standards, which is what moves adjusters
  • You get the check; we handle the bills. Every lien is negotiated down before anything is paid out

Where slip and fall injuries happen

The surfaces are familiar: liquid from a leaking cooler in a grocery store, produce dropped in the aisle, a freshly mopped floor with no cone in sight, rain and snow tracked across a tile entryway with no mat, ice in a parking lot or on a walkway that was never salted, and grease on a restaurant kitchen floor or the entryway where staff walk it out. Big-box retailers, grocery stores, gas stations, restaurants, apartment buildings, and hospitals all generate these cases. A slip is different from a trip, which involves a fixed hazard such as a raised sidewalk or an unmarked step; those cases are covered on our Trip and Fall page, and the law that applies to both is explained on our Premises Liability page.

The fight over how long it was there

Under Indiana law, following the Restatement (Second) of Torts § 343, we must show the owner knew or should have known about the hazard, should have expected you would not discover it, and failed to fix it or warn you. In a slip case the owner almost always claims it had no idea the spill was there. That is why the central question is constructive notice: how long the hazard existed before you fell. A puddle with cart tracks running through it, a spill that has dried at the edges, or ice that formed hours earlier all tell a story. Surveillance video, sweep logs, inspection schedules, and employee statements show whether the owner was checking the floor the way a reasonable business would, and much of that evidence is deleted on a schedule unless it is requested promptly.

The defenses you will hear

The owner’s insurer will say you should have been watching where you were walking, that your footwear was the problem, or that a warning cone was out and you ignored it. We answer each one with evidence. A cone placed after the fall, or a cone so far from the hazard that nobody would connect the two, is not a warning. Footwear is examined and photographed. We test or retain experts to test the slip resistance of the flooring itself, because a surface that fails the applicable ASTM standard when wet is a hazard the owner chose to install. Indiana’s comparative fault rule still allows recovery unless you were more than 50 percent at fault, with the award reduced by your share.

Deadlines in Indiana

Most injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). If a city, county, or state agency is involved, a tort claim notice may be required within 180 days. The sooner you call, the more evidence we can preserve.

Attorneys who handle Indianapolis slip and fall cases

Jason R. Moseley

Jason R. Moseley

Founding Partner

A Chicago-area native who worked in telecommunications and held two jobs to support his family before law school, Jason founded the firm in 2010 on a no-nonsense, plain-spoken approach to solving clients’ problems.

Miguel F. Martinez

Miguel F. Martinez

Founding Partner

Admitted to the Indiana bar at 24, the youngest licensed attorney in the state at the time, Miguel pairs that early start with more than fifteen years helping Northwest Indiana families through injury claims and bankruptcy.

Also serving

Carmel · Fishers · Greenwood · Lawrence · Plainfield · Avon · Noblesville · Beech Grove

Frequently asked questions

Where will my Indianapolis case be filed?

Most Indianapolis injury cases are filed in Marion Superior Court, Civil Division, at the Community Justice Campus in Indianapolis. We appear there for hearings, depositions, and trial, and work with local counsel when a case calls for it.

Do I have to come to Merrillville or South Bend?

No. The consultation, the paperwork, and the negotiation are handled by phone, email, and video. We come to Marion County when the case needs us in person.

I fell at a store but did not report it. Do I still have a case?

Possibly. Reporting helps, but it is not required. Contact us quickly so we can request video and incident records before they are purged.

The store says I should have been watching where I was going.

That is the standard comparative fault defense. Indiana still allows recovery unless you were more than 50 percent at fault, and the owner’s failure to fix or warn about a hazard often outweighs that argument.

Find out if you have a case. It costs nothing to ask.

Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.

Call Do I have a case?