Slip and fall injuries are more common than most people think. Whether you are in the grocery store or at work, slip and fall injuries are a problem that can have a big impact on your life.
Property owners have a responsibility to keep their locations safe. When they fail to address certain hazards and you are injured, you may be able to file a slip and fall personal injury lawsuit to recover compensation.
Rosenfeld Injury Lawyers handles slip and fall accident cases for clients who have been injured on someone else’s property because of their negligence. From liability for slip and falls and how to file a premises liability case to the statute of limitations, read on to learn more about all the ways we can help.
Liability in Slip and Fall Accident Cases
Slip and fall accidents happen when a property owner fails to maintain their property so someone won’t be injured by walking through that property.
There must be an element of negligence on the part of property owners to have a personal injury case. Without negligence, it can be impossible to recover compensation in slip and fall accidents.
The premises liability attorneys from our team can help you determine who should be held liable in your specific case. This includes:
- Property owners
- Tenants occupying property, such as retail or hospitality businesses
How to Prove Liability in a Slip and Fall Claim
To successfully win a slip and fall case, there are certain elements you will need to prove. It isn’t enough to simply be injured because an accident occurred on someone else’s property. You must prove the property owner should have known of the condition and the risk of injury, yet failed to provide a warning. Their failure to take reasonable steps caused your injuries.
Your lawyer will help gather the evidence you need to prove this negligence. This includes securing camera footage, gathering medical bills, and using police reports.
Common Defenses in Slip and Fall Cases
The property owner or occupier who is being sued for your injuries may raise arguments to make you more at fault for your injuries. Doing this can reduce or outright prevent you from being able to collect compensation under Illinois’ comparative fault system. These are some of the arguments they may bring up.
Comparative Negligence in Slip and Fall Accident Claims in Chicago
Illinois uses the comparative fault model in personal injury cases, like slip and fall incidents, where both parties can be at fault for injuries. Under the comparative fault model, the victim can collect compensation in a lawsuit only if they are less than 50% at fault for the injuries.
For example, if a facility has a spill and is in the process of cleaning it up, has the area clearly marked, and takes some steps to stop you from falling, it may not be found to be mostly at fault for the accident. In this case, a court may find you are more than 50% at fault for not paying attention or ignoring attempts to prevent your injuries, and you won’t be able to obtain compensation.
Why Hire a Slip and Fall Attorney
Technically, a slip and fall victim can file a lawsuit to seek compensation against the responsible party on their own. However, many slip and fall victims find it difficult to receive a fair settlement that way.
First, while you’re recovering from serious injuries, the last thing on your mind is usually building a strong legal case. You’re going to doctor appointments and trying to get your life back in order, not learning how to file a civil lawsuit and collecting the right evidence to support your case.
Hiring an experienced attorney to represent you enables you to focus on your recovery while leaving your case to be handled by experts.
Second, you could possibly recover a higher amount of compensation by hiring a Chicago slip and fall lawyer who will work to recover full and fair compensation. Your attorney will know what to ask for in terms of maximum compensation based on past cases that are similar to yours. They know when to keep negotiating for more money.
Finally, insurance companies are also likely to take your claim more seriously if you hire legal representation. The first offer an insurance company offers you is likely to be much less than your case is worth. The insurance company hopes you’ll accept it so they can minimize how much money it will have to pay.
When they see that you hired a slip and fall lawyer, the insurance company is more likely to offer you more versus going to court.
Damages an Experienced Chicago Slip and Fall Attorney Can Help You Recover
There are primarily two kinds of damages you can recover in a slip and fall case: economic and non-economic damages.
Economic
Economic damages related to tangible financial expenses you incurred as a result of the serious injuries you sustained in your fall. Economic damages can include:
- Past and future medical bills
- Lost wages
- Rehabilitation costs
- Skilled nursing care
- Property damage
Non-Economic
Non-economic damages aren’t related to financial losses. Instead, non-economic damages relate to subjective factors such as pain and trauma. Some common forms of non-economic damages are:
- Pain and suffering
- Emotional trauma
- Disability
- Scarring
- Loss of life enjoyment
How Much Is the Average Slip and Fall Settlement?
There is no standard settlement for slip and fall accidents. Every case returns different results based on the individual factors of the case. No lawyer can tell you how much you will collect in compensation or even give you an accurate estimate. However, it is possible to give you an idea of what is possible by reviewing the results of past cases that are similar.
Slip and fall accidents can let you collect monetary damages and non-monetary damages, which can vary widely based on the specific factors of your case.
A general liability claim against a business’s insurance policy from a customer fall can recover $75,000 or more. Cases involving more catastrophic and permanent injuries tend to have higher settlements than more minor injuries.
Common Slip and Fall Injuries
Although every slip and fall injury case is different, the injuries that result can be similar. These are some of the most common slip and fall injuries.
- Spinal cord injuries – Damage to the spinal cord can lead to paralysis and keep you out of work for the rest of your life.
- Bruises – Damaged tissue resulting in bruises are common. While bruising can heal on its own, where and how seriously you are bruised can lead to other problems.
- Lacerations – Skin cuts can lead to infections. Serious lacerations may require stitches.
- Traumatic brain injuries – Hitting your head can lead to a brain injury that can lead to a life-long disability or even death.
- Broken bones – Broken bones are common in older victims. Certain bone fractures, like a hip fracture, can require surgery and lead to a lasting disability.
- Sprains – Sprains can make it difficult to go to work and can be very painful.
- Herniated discs—A herniated disc happens when a disc in your back is knocked out of place, exposing the soft connective tissue. It is a painful injury that can stop you from living your life and can put your spinal cord at risk if it worsens.
- Soft tissue injuries – Soft tissue injuries may not lead to a bruise, but can lead to difficulty in moving or continuous pain.
Where Do Most Slip and Fall Accidents Occur?
Slip and fall accidents are the second leading cause of accidental death in the United States [1]. Anyone can suffer injuries from a fall, regardless of gender or age. Some common places slips and falls occur are:
- The workplace – Slips and falls are the number one cause of workers’ compensation claims [2];
- Nursing homes – Falls can be especially dangerous for seniors, who are much more likely to die as a result of their injuries. Nursing homes must have procedures in place to prevent falls, otherwise, they can be found guilty of nursing home negligence;
- Private property – If you fall on someone’s private property, the homeowner can be held responsible;
- Commercial property – A commercial property owner or the tenant currently occupying the space can be held liable for falls.
What to Do After a Slip and Fall Incident
After a slip and fall incident, the first thing you should do is seek medical attention. Making sure your injuries are treated successfully is the most important thing. If you are able, contact the police and have them come and document the incident, as well as call for medical help.
Once your medical issues are addressed, discuss your case with an attorney. The attorney can take action to build a case by investigating the location, finding witnesses, and requesting reports from medical teams and first responders.
Make sure you do this as soon as possible since you have a limited amount of time to file your case after the incident, and having more time makes it easier for your lawyer to build a strong case.
The Time You Have to File a Slip and Fall Lawsuit
The statute of limitations for personal injury claims in Chicago is two years from the date of the accident. You will not be able to file a personal injury claim after this time elapses, even if you continue to have medical bills related to your slip and fall injury.
Two years may seem like a lot of time, but the time passes quickly after a serious injury. Also, your lawyer will have an easier time finding the evidence they need.
In two years, witnesses can disappear, evidence can be misplaced, and first responders may no longer be available to testify. Make sure these things don’t happen by reaching out for legal advice as soon as possible after the slip and fall incident.
Are Chicago Slip and Fall Lawyers Expensive?
The slip and fall accident lawyers at Rosenfeld Injury Lawyers work on a contingency fee basis, which means you don’t need to pay anything upfront for our help filing your slip and fall accident claim. Instead, we take a small portion of the settlement that we help you win. If we are unable to obtain compensation for your legal claim, you won’t owe us anything for our help.
Contact a Chicago Slip and Fall Accident Attorney Today
If you are injured in a slip and fall accident, consult with a Chicago slip and fall accident lawyer as soon as possible to see what your legal options are. Our personal injury law firm has successfully recovered millions of dollars for our clients. We work on a contingency basis so you do not need to spend any money out of your pocket for legal fees.
Contact the Chicago slip and fall attorneys at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. We’re available 24/7 to answer your call.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Elgin, Peoria, Schaumburg and throughout Illinois.