Slip and Fall Accident Lawyer in Chicago
Slip and fall accidents can lead to severe injuries, from broken bones to traumatic brain injuries, with devastating financial and emotional consequences.
If you’ve been hurt on someone else’s property due to unsafe conditions, you may be entitled to compensation under Illinois premises liability laws.
At Mulholland Injury Law, we specialize in holding negligent property owners accountable and fighting for the justice you deserve.
What Is a Slip and Fall Case?
A slip and fall case arises when someone is injured on another person’s property due to hazardous conditions that the property owner failed to address. Common examples include:
- Wet or slippery floors without warning signs.
- Uneven surfaces, such as cracked pavement or broken tiles.
- Poor lighting in stairwells or parking lots.
- Obstacles or clutter in walkways.
- Weather-related hazards like ice or snow that were not removed promptly.
Under Illinois law, property owners have a duty to maintain their premises safely for visitors. Failing to meet this duty can make them legally responsible for resulting injuries.
Common Injuries in Slip and Fall Accidents
Slip and fall accidents can lead to:
- Fractures and broken bones.
- Sprains or ligament tears.
- Spinal cord injuries.
- Traumatic brain injuries (TBIs).
- Cuts, bruises, or dislocations.
Some injuries may require prolonged medical treatment, surgery, or rehabilitation, impacting your ability to work and enjoy daily life.
Where Do Slip and Fall Accidents Occur?
Retail Stores
Private Residences
Workplaces
Public Spaces
Proving Liability in Slip and Fall Cases
To succeed in a slip and fall case, you must prove:
- Duty of Care: The property owner owed you a duty to maintain a safe environment.
- Breach of Duty: The property owner failed to act reasonably to prevent the hazardous condition.
- Causation: The unsafe condition caused your injuries.
- Damages: You incurred damages, such as medical expenses, lost wages, and pain and suffering.
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Damages You May Recover After a Slip and Fall Accident
When pursuing compensation for a slip and fall injury, it’s crucial to understand the types of damages you may be eligible to claim.
These damages aim to restore your financial stability, address physical and emotional suffering, and compensate for any ongoing challenges caused by the accident.
Below is a detailed breakdown of the potential compensation categories:
a. Economic Damages
- Medical Expenses: Costs for emergency room visits, surgeries, medications, physical therapy, and long-term care. Future medical costs for ongoing treatment can also be included.
- Lost Wages: Compensation for time missed from work due to your injuries, including recovery periods, hospital stays, or doctor’s appointments.
- Loss of Earning Capacity: If your injuries prevent you from returning to your job or require you to take a lower-paying position, you may be entitled to compensation for reduced earning potential.
- Out-of-Pocket Expenses: This includes transportation to medical appointments, assistive devices like wheelchairs, or hiring help for household tasks you can no longer perform.
b. Non-Economic Damages
- Pain and Suffering: Compensation for physical pain endured during and after the accident, as well as long-term discomfort.
- Emotional Distress: Anxiety, depression, PTSD, or other mental health challenges resulting from the accident.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, social activities, or daily tasks you once enjoyed.
- Loss of Consortium: For spouses or family members affected by the injured person’s inability to maintain normal relationships due to their injuries.
c. Punitive Damages
In cases of gross negligence or intentional misconduct by the property owner, courts may award punitive damages. These are designed to punish the responsible party and deter similar behavior in the future. However, punitive damages are rare and typically require clear evidence of egregious wrongdoing.
Special Considerations in Slip and Fall Cases
Comparative Negligence
Future Costs and Impacts
Steps to Take When You’re Hurt in a Slip and Fall Accident
- Seek Medical Attention: Even if you don’t feel seriously injured, it’s essential to get checked by a healthcare professional.
- Report the Incident: Notify the property owner or manager of the fall and ensure that an official report is filed.
- Document the Scene: Take photos of the location, including any hazards that contributed to the fall, such as wet floors, uneven surfaces, or poor lighting. Gather witness contact information.
- Keep a Record: Track any medical treatments, expenses, lost wages, and pain and suffering you experience as a result of the accident.
Why It’s Important to Visit the Doctor
Visiting a doctor is not just important for your health—it’s also critical for your case. Prompt medical attention creates an official record of your injuries, which strengthens your claim.
Medical documentation serves as essential evidence in proving the severity and cause of your injuries, helping to connect them to the slip and fall accident.
Keep the Deadline for Filing the Suit
In Illinois, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. Failing to file within this period may result in the loss of your right to sue. Therefore, it’s critical to act promptly and consult an attorney as soon as possible.
Slip-and-Fall Lawsuit Process
- Investigation and Consultation: Your attorney will investigate the incident and gather evidence.
- Filing the Complaint: A formal lawsuit will be filed if the case progresses, and the defendant will respond.
- Discovery Phase: Both parties exchange evidence and expert opinions.
- Settlement Negotiations: Most cases settle before trial, and your attorney will work to reach a fair settlement.
- Trial: If settlement talks fail, the case will proceed to trial.
How Our Attorneys Prove Reasonableness
To win a slip and fall case, your attorney must prove that the property owner was negligent. This involves demonstrating that:
- The property owner owed a duty of care to ensure their premises were safe for visitors.
- There was a hazardous condition on the property.
- The property owner knew, or should have known, about the hazard but failed to address it.
- Your injuries were caused by the hazardous condition.
Our team utilizes accident scene photos, witness testimony, and expert opinions to prove that the property owner failed to maintain reasonable safety standards.
Cost of Hiring a Slip and Fall Lawyer in Chicago
Many slip and fall lawyers work on a contingency fee basis, meaning they only get paid if you win the case.
Typically, the lawyer’s fee is a percentage of the settlement or verdict, usually around 33%. This arrangement allows injured individuals to access legal services without upfront costs.
I’m Not Sure I Have a Case…
If you’re uncertain whether you have a valid slip and fall claim, it’s crucial to consult with an experienced attorney.
The lawyer will review the specifics of your case—such as the location, the cause of the fall, the severity of your injuries, and the response of the property owner—to determine whether you have a viable case.
FAQs About Slip and Fall Cases in Chicago
What should I do immediately after a slip and fall accident?
- Seek medical attention for your injuries.
- Report the accident to the property owner or manager.
- Document the scene with photos and gather witness contact information.
- Contact an attorney to discuss your legal options.
How long do I have to file a slip and fall lawsuit in Illinois?
You generally have two years from the date of the accident to file a claim.
Can I file a claim if I was partially at fault for the accident?
Yes. Illinois follows a modified comparative negligence rule. If you’re less than 50% responsible, you can recover compensation, though it may be reduced.
How long does it take to settle a slip and fall case?
Simple cases may settle in a few months, but more complex cases can take years.
Do I need a lawyer for a slip and fall case?
While not mandatory, having an experienced lawyer significantly improves your chances of obtaining fair compensation.
What is Modified Comparative Fault in Illinois Slip and Fall Claims?
Illinois follows the Modified Comparative Fault Rule. This means that if you are partially at fault for your slip and fall accident, your compensation can be reduced in proportion to your degree of fault. However, if you are found to be 50% or more at fault, you are barred from recovering any damages.
Contact Mulholland Injury Law Today
Expert Legal Representation by
Toby P. Mulholland,
Your Trusted Injury Lawyer
Since launching his law practice in 2000, Toby P. Mulholland has been a dedicated advocate for clients suffering serious injuries. He has extensive experience handling a wide range of personal injury cases, including motor vehicle accidents, wrongful death claims, construction accidents, premises liability, dog bite cases, and catastrophic injury litigation.
Toby’s distinguished career is marked by his skill in litigation, participating in numerous trials, mediations, arbitrations, and depositions. His innovative approaches to depositions have consistently resulted in successful outcomes for even the most complex cases. Clients appreciate his ability to navigate high-stakes situations with a creative, results-oriented approach.
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