A sudden slip-and-fall sometimes causes far more harm than a few embarrassing moments. When a hard fall causes serious injury, it disrupts all aspects of life, including your ability to work and accomplish daily routines. In the worst cases, a slip and fall injury in Chicago can leave you facing an uncertain future due to chronic pain or disability.
When the injury was caused by a hazardous condition on someone else’s property, it’s especially distressing to know it could have been avoided with the property owner or manager’s reasonable care.
Although a legal process can’t erase the painful injury, a successful premises liability claim in Chicago could alleviate the financial consequences of the injury and bring you a sense of justice.
The compassionate legal team at Smith LaCien understands the physical, emotional, and financial toll an injury takes on you. With a Chicago personal injury lawyer on your side, you have the following advantages:
Smith LaCien LLP is a well-respected Chicago personal injury law firm with the skills, knowledge, and resources to achieve exceptional results for clients.
All Illinois property owners have a legal obligation to regularly inspect their property for safety hazards, perform routine maintenance, make prompt repairs, and take all reasonable steps to keep the property safe for lawful entrants.
This applies whether the property is a private home, where delivery workers and visitors have a reasonable expectation of safety, or a store, hotel, restaurant, apartment building, or other premises that invites others for business purposes. Slip-and-fall accidents are the most common cause of accidental injuries on private and commercial properties.
Under the Illinois General Assembly 740 ILCS 130/2, the law states the following:
“The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.”
Under this law, an injury victim has the right to seek compensation for injury-related losses if the property owner’s negligence caused a slip-and-fall accident with damages.
Taking steps is an automatic action we don’t always consciously control while walking. When something interferes with a footfall or reduces the foot’s grip on the floor or ground surface, it can cause the foot to slide out from under the walker.
In a slip-and-fall accident, the body is thrown off balance and often twists during the fall, overextending muscles and other skeletal structures. Then, blunt force trauma occurs on impact with the ground, sometimes including striking obstacles on the way down. The most common causes of slip-and-fall accidents in Chicago include the following:
Falls are a serious hazard for older adults, but they can affect people of any age. Research studies indicate that falls are a major cause of injuries seen in emergency rooms daily and the second-leading cause of traumatic brain injury deaths.
Falls are a leading cause of painful and debilitating injuries. Common injuries reported in Chicago slip-and-fall accident claims include the following:
Most slip-and-fall accidents are preventable with reasonable care. Unfortunately, some Chicago property owners cut corners, postpone repairs, or fail to warn others legally on their property of hazards, such as wet floors or uneven surfaces that could cause a fall, leaving the property owner or property manager liable for damages.
It takes compelling evidence of a property owner’s negligence to recover compensation in a slip-and-fall accident case. To be liable for a slip-and-fall victim’s damages, the evidence must demonstrate the following:
A negligent property owner is the most commonly liable party in Chicago slip-and-fall accident claims, but other entities may also cause or contribute to a slip-and-fall. For instance, a negligent property manager, a contractor who created a dangerous floor or parking lot surface, or left dangerous debris, or a cleaning service that used an improper floor-cleaning product, such as wax that created a slick surface.
When a slip-and-fall claim goes to court, juries may be instructed to ask themselves: “Would another, reasonable property owner have acted differently in identifying and addressing the hazard?” If so, then the property owner or other entity is liable for the injury victim’s damages.
When a hard fall causes an injury serious enough to require medical attention, the damages can add up quickly. Even a fully recoverable injury can result in a large emergency room bill and a few days of lost pay. A more serious injury can cause temporary or permanent disability and financial hardship, affecting the entire family.
While no two injuries have the same impacts and every case is unique, common damages recovered in Chicago slip-and-fall cases include the following:
If a slip-and-fall accident causes a loved one’s death, a family member can recover compensation through a wrongful death claim against the negligent party.
A sudden hard fall can leave you temporarily unconscious and incapacitated, so you may be unable to take action on your own behalf. However, if you can safely use a cell phone, you can begin protecting your physical safety and financial future at the scene of the slip-and-fall.
You could also ask an uninjured companion to take these steps on your behalf. After a fall, do the following:
Go directly to the hospital from the scene of the accident. This provides evidence that your injuries occurred in the fall and ensures that you receive the care you need. Have a complete medical assessment to diagnose any underlying injuries with delayed symptoms.
Then, have the doctor prepare a detailed medical report that lists your injuries, recommends treatment, and provides your prognosis. This, along with copies of your medical bills and receipts become critical evidence of your damages.
Hire an experienced Chicago slip-and-fall lawyer to represent your best interests throughout your claim process.
Knowing what to do after a slip-and-fall accident is crucial, but it’s also advantageous to know what not to do. Some actions taken by a property owner’s liability insurance can negatively impact the result of your claim. For example, be wary of the following insurer tactics:
Instead of dealing with an insurance adjuster whose goals conflict with yours, direct all communication with the insurer to your lawyer.
It takes substantial evidence to demonstrate liability and prove the full extent of the damages in a slip-and-fall case. Insurance companies are not on an injury victim’s side. Instead, they are more than willing to protect their profits at your expense. An experienced Chicago slip-and-fall lawyer does the following for an injured client:
According to the Bureau of Justice Statistics, only about 4% of personal injury claims go to court. If your case requires court because the insurer wrongfully denies or undervalues your claim, your attorney from Smith LaCien LLP will file a petition within the state’s statute of limitations and argue for the largest possible jury award through a well-executed legal strategy.
Like all states, Illinois imposes a time limit on when a case can be heard in court. For personal injury claims, such as a slip-and-fall liability case, the statute of limitations expires after two years from the date of the injury. Because of this time limit, insurance companies will not consider claims filed after the statute of limitations has expired.
In fact, the closer to the time limit, the less bargaining power you have to maximize your settlement because the insurer may attempt to run out the time, knowing you cannot file a lawsuit.
Only in limited circumstances will the court extend (toll) the time limit. For instance, if a slip-and-fall victim discovers an injury later, the two-year time clock begins on the date of the discovery. Imagine, for example, that a doctor diagnoses a nagging backache as a burst disc from a fall, three months after the slip-and-fall date.
The statute of limitations begins on the date of the diagnosis. When a slip-and-fall injury happens to a child, they have up to two years after their 18th birthday to file a claim.
You don’t have to take on the burden of your slip-and-fall accident claim alone. A successful case requires careful attention to filing deadlines, dates, and details, as well as compelling evidence and strong negotiation. Contact Smith LaCien LLP to learn more about the process during a free consultation so we can begin evaluating and strategizing your case.
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