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Chicago Slip-and-Fall Lawyer

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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.

Why Choose Smith LaCien LLP for Your Slip-and-Fall Injury Case in Chicago?

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:

  • A personalized strategy with the objective of maximizing the compensation you receive through a settlement or court award for your damages
  • Your case will have a powerful voice behind it through our law firm’s reputation for recovering millions of dollars for injury victims, including over 100 cases ending with achieving $5 million or more for injured clients
  • Attorneys Todd Smith and Brian LaCien have dedicated their lives to advocating for injury victims and will assertively pursue the full compensation you deserve

Smith LaCien LLP is a well-respected Chicago personal injury law firm with the skills, knowledge, and resources to achieve exceptional results for clients.

What Are My Rights After a Slip-and-Fall Accident In Chicago?

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.

What Are the Most Common Causes of Slip-and-Fall Injuries In Chicago?

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:

  • Wet or slippery floors from leaks, mopping, spills, or tracked-in rain, snow, and ice
  • Slick floors from improper cleaning products
  • Loose or rolled carpets or floor mats
  • Cracked tiles or floorboards
  • Uneven pavement, walkways, or sidewalks
  • Wet or icy steps
  • Debris on the floor or ground
  • Insufficient lighting
  • Cluttered floors
  • Unmarked floor level changes
  • Uneven stair treads
  • Lack of handrails on stairways

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.

What Types of Injuries Happen in Chicago Slip-and-Fall Cases?

Falls are a leading cause of painful and debilitating injuries. Common injuries reported in Chicago slip-and-fall accident claims include the following:

  • Traumatic brain injuries, ranging from concussions to more severe injuries with permanent impairment
  • Back injuries
  • Neck injuries
  • Bone fractures, including hip fractures in the elderly
  • Soft-tissue injuries like sprains, torn ligaments, and tendon damage to knees, wrists, ankles, and elbows
  • External head, facial, and dental injuries
  • Lacerations, contusions, and abrasions
  • Spinal cord injuries

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.

Proving Liability in a Chicago Slip-and-Fall Accident Claim

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:

  • That the property owner knew about the safety hazard on their property, or should reasonably have known about it
  • They owed a legal duty of care to the injury victim, who was on the property legally and not trespassing or committing a crime
  • They breached their duty of reasonable care by failing to address a slip-and-fall hazard on their property in a prompt and timely way
  • The breach of duty caused a slip-and-fall injury
  • The injury victim suffered damages from their injury

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.

How Much Is My Slip and Fall Case Worth?

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:

  • Reimbursement for medical expenses and out-of-pocket costs
  • Anticipated future medical costs
  • Lost earnings
  • Future income loss or reduced future earning capacity
  • Compensation for pain and suffering
  • Compensation for any catastrophic injury damages that apply for permanent injuries like scarring, eye damage, hearing loss, or loss of enjoyment of life/diminished quality of life due to disability

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.

What to Do After a Slip-and-Fall Accident to Protect Yourself Physically and Financially

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:

  • First, call for transportation to a hospital, either by ambulance or a friend or family member’s car, depending on the severity of the injury
  • Then, ask the property owner to fill out an accident report
  • Take photos of the cause of the accident, such as a broken floor board or a puddle from a leaky pipe
  • Photograph any visible injuries
  • Add the contact information of any eyewitnesses to your phone

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.

What to Avoid After a Slip-and-Fall Accident Caused by Property Owner Negligence

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:

  • Don’t accept an early settlement offer from the insurance company. Often, they intentionally make these offers before an injury victim knows the full extent of their damages and requires them to sign away the right to a lawsuit
  • Avoid talking to insurers on recorded lines; they may later use your words out of context against you
  • Avoid posting photos or comments on social media until the claim is resolved. Insurance adjusters sometimes follow injury victims on social media, hoping to “catch” them looking fit and healthy, even if they were smiling through their pain for a photo at a child’s soccer game

Instead of dealing with an insurance adjuster whose goals conflict with yours, direct all communication with the insurer to your lawyer.

How Does a Chicago Slip-and-Fall Accident Lawyer Help?

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:

  • Investigates all aspects of the fall to determine the negligence that caused it
  • Compiles evidence, such as eyewitness testimony, previous complaints, maintenance records, repair history, and photo or video evidence
  • Reviews medical records and consults with medical and occupational experts to determine the full impact of the injury
  • Makes a list of damages, including an amount for pain and suffering
  • Sends their findings to the insurance company in a demand package
  • Assertively negotiates with the property owner’s insurance company for the largest possible settlement for your damages
  • Obtains an ample settlement for your damages or takes the case to court seeking a court award for your damages, should the insurance company fail to offer an acceptable settlement

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.

How Long After a Slip-and-Fall Accident Do I Have to File a Claim?

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.

Contact Our Slip and Fall Lawyer Today

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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