When you slip and suffer an injury in a fall in Illinois, you may be eligible to file a claim against another party to get compensation for the harm you suffered. Illinois slip and fall laws give you the right to file a lawsuit when another party’s negligence contributed to your injuries.
An experienced Illinois slip and fall lawyer at Lawler Lawler Injury Law can help you understand your rights and legal options after an accident.
What Is a Slip and Fall Accident?
A slip and fall accident occurs when some element of the environment causes you to lose balance and get injured in a resulting fall. Common causes of slip and fall accidents in Illinois are:
- Wet floors
- Icy conditions
- Loose tiles
- Debris (like gravel) on angled surfaces
If you are caught unaware by one of these types of hazards, you may be eligible to file a lawsuit if another party should have warned you about them or removed them.
Slip and fall accidents are sometimes confused with trip and fall accidents. While similar in that they both end in a fall injury, the latter involves a hazard that causes the motion of your foot to be impeded, resulting in a fall.
Illinois Premises Liability Laws
Premises liability laws in Illinois place an onus on property owners. If they open their property to others, they must protect visitors to the property from foreseeable harm. This is true both when those visitors are directly invited or permitted access because the property offers public services.
The owner must make a reasonable effort to identify safety hazards. Once identified, these hazards must be removed promptly or the owner must warn others of their existence. When an owner fails to perform these duties, they become liable for injuries suffered because of that negligence.
Liability in Slip and Fall Cases
A party is negligent if it had a duty to act, failed to perform that duty, and someone was injured because of that failure. Under Illinois personal injury laws, you can file a lawsuit for compensation when you are hurt under these circumstances.
In some circumstances, you and the property owner may both be partially at fault. Under Illinois comparative negligence laws, as long as you are less than 50% responsible for your injuries, you can still pursue partial compensation for your injuries.
Filing a Slip and Fall Claim in Illinois
To get compensation after a fall, you need to file a claim. To file a claim, you should take the following steps:
- Get immediate medical attention
- Document the accident scene
- Report your injury to the property owners
- Get contact information of all involved parties and witnesses
- Contact a premises liability lawyer in Illinois immediately
It is important to act quickly because the Illinois slip and fall statute of limitations only gives you two years to file a lawsuit.
Potential Compensation for Slip and Fall Injuries
Whether your case ends with a settlement or goes to trial, you need to determine what types of compensation to claim. Typically, you will be eligible for compensation for the following:
- Medical treatments
- Lost wages
- Pain and suffering
- Expenses for services you can no longer perform
Your slip and fall attorney in Illinois will help you identify all of the types of compensation you qualify to receive.
Common Mistakes to Avoid
If you’ve never suffered a personal injury before, you are likely to make certain mistakes without guidance. While the following errors are common, they can cost you significantly.
- Waiting too long to report your injury or file your claim
- Giving a recorded statement to the insurance company before consulting with a lawyer
- Not gathering or preserving evidence important to your claim
The best way to avoid these mistakes is to consult with a lawyer at Lawler Lawler Injury Law immediately after getting hurt.
When to Contact an Illinois Slip and Fall Lawyer
Experienced lawyers are familiar with Illinois laws and the insurance claims process. They know how to maximize compensation and can guide you through a confusing process. Despite what they claim, the insurance companies are not on your side, but a Lawler Lawler Injury Law personal injury lawyer is.
If you suffered a serious injury in a slip and fall accident, don’t wait. Set up a free consultation with an attorney right away.
Consult With a Slip and Fall Injury Lawyer in Illinois From Lawler Lawler Injury Law to Learn More
By understanding how Illinois slip and fall laws apply to your situation, you are more likely to get fair compensation after getting hurt in a premises liability accident. An experienced Illinois slip and fall lawyer can help you understand the more complicated aspects of these laws after you are hurt. Reach out to an experienced attorney at Lawler Lawler Injury Law to learn more and discuss your legal options.
There are two different deadlines in a slip and fall claim. The first deadline is to file an insurance claim. This deadline depends on the internal policies of the insurance company. You should file a claim as soon as possible after consulting with our law firm. The other deadline is two years from your injury, and this is the deadline to file a lawsuit.
You might be able to sue if you were partially at fault. If you are less than 50% at fault for your injuries, you may sue. However, even if you win, you will only receive partial compensation. Any jury award you receive will be prorated based on the percentage of fault.
You need evidence of fault and evidence of loss to win a slip and fall case. The first is proof that the defendant is the responsible party. Typically, eyewitness testimony, photos, and video evidence fall into this category.
The second type of evidence is proof that you were financially harmed by the injury. You should preserve medical bills, pay stubs, and other relevant receipts to prove the value of your claim.
