24/7 Free consultation

(888) 424-5757
Contact
350+ reviews

Chicago Slip and Fall Lawyer

Schedule a free consultation

No fee unless we win

Award Winning Chicago personal injury lawyer

Legally Reviewed by:

Award Winning Chicago personal injury lawyer

Jonathan Rosenfeld - J.D

August 17, 2024

  • Over $450 Million worth of case results
  • Awarded The Best Lawyer in 2024 by U.S. News

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 

Your slip and fall claim must also meet the standards of reasonableness. This means the owner should have reasonably known about the risk and provided you with a warning. 

For instance, if a customer spills a drink in a retail store and 10 seconds later you slip in it, the owner and employees did not have time to know about the spill and to clean it up before you slipped and fell. It is unreasonable to expect them to know about it that quickly. By comparison, if an employee mopped the lobby floor and failed to put up a wet floor sign, they were negligent. 

The inherent risks involved in an activity can also impact whether a property owner is negligent based on this standard of reasonableness. 

If you slip on a wet pool deck, for example, a reasonable person would expect pool decks to be wet by proximity to the pool and the pool owner would not be negligent. However, you have no reason to expect a restaurant floor to be wet.

The concept of reasonableness may also change based on who the lawsuit is against. For instance, did your employer not have policies in place to check the premises regularly? Was it a business owner or a subcontractor who a property owner has less control over that created the hazard? This may change who is liable in your premises liability claim. 

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. 

While property owners have a responsibility to ensure their properties are safe for you to be on, you have a responsibility to be aware of your surroundings. Otherwise, you can be injured even in the safest of places. The defendant’s legal team may argue you were not aware of your surroundings, which contributed to the accident and made you more at fault for your injuries. 

Depending on the footwear you were wearing at the time of the incident, they may argue your footwear is responsible. For example, wearing very tall stiletto heels in the wrong place may contribute to your accident by making it harder to stay balanced and walk safely. 

There are cases where the owner of the property may not have enough time to respond to a situation before an accident happens. For example, a spill in a store that causes a slip and fall accident. If you fall right after the spill happens, then the store may not have had the time to even find out about the spill. 

However, if the store fails to clean it up an hour later, then it is more than likely they had enough time to handle it. How this affects your case largely depends on the situation and circumstances.

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
17,000 people die yearly in slip and fall accidents

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. 
a Chicago slip and fall lawyer can help people recover compensation for injuries

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.
fall injury demographics by age group

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

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

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.

Resources: [1] NSC, [2] NFSI

Free Consultation

24/7 Legal Help Nationwide

24/7 Free consultation

(888) 424-5757

Contact a Personal Injury Lawyer for a Full Case Review!

While personal injury settlement calculators can be valuable to get an idea of what your settlement could look like, there is no substitute for speaking with an experienced personal injury lawyer. Based on the specifics of your personal injury claim, your attorney can walk you through all of your legal options and give you some guidance on how to proceed.

350+ reviews

Client reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Michonne Proulx

“Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.”

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.”

– Daniel Kaim

“Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.”

Lisa
Call Consultation Text