The Basics of a Slip and Fall Claim
Because of the complexity of Illinois personal injury tort law, receiving compensation in a slip and fall claim can be challenging. Because of that, if you have suffered injuries by tripping, slipping or falling on another person’s property, you are well advised to seek legal representation of a skilled Chicago slip and fall attorney immediately. The amount of financial recompense you receive will be determined by a variety of factors including:
- How well the evidence can be secured, photographed and preserved
- The amount of medical attention you require
- The seriousness of your injuries
- Whether your injuries are permanent or temporary
- If the attorney can prove how each defendant in the claim is legally liable
Slip and fall cases involve premises liability. Receiving an adequate and satisfactory settlement amount usually requires aggressive legal representation. This is because the attorney will need to prove how the property owner, property manager, tenant or other entity failed in their duty to provide a safe environment to the public or workforce on the premises. In addition, the lawyer must prove how the defendants’ negligence caused the victim’s injuries.
Protecting Victims’ Rights
The attorney will fight to protect the victim’s rights by filing a claim against all insurance policies maintained by the parties responsible for the injuries. In all likelihood, there will be more than one negligent party involved in the accident. Potential liability could involve the property owner, the manager, the occupier of the premises or someone in control of the property at the time of the accident or incident.
In a demand letter, the attorney will seek financial compensation in an amount that covers the victim’s medical expenses, financial losses, lost wages and damages, along with recompense for their pain, suffering and emotional stress. The lawyer will build a strong case to support the claim to prove how the negligent parties are at fault. Negotiating with the claims adjuster, the attorney will work to obtain the largest settlement possible based on all of the evidence and facts surrounding the case.
If the victim and parties at fault are unable to reach an adequate agreement, the lawyer will file a lawsuit on behalf of the victim to take the case to court. The lawsuit will be heard in an Illinois courtroom to a judge and jury. Compelling evidence surrounding the case will be presented at trial in an effort to seek an award in an amount sufficient to cover the victim’s losses.
To reach a successful resolution to the claim, the attorney must prove two general requirements of a personal injury case involving premises liability. These include:
- The property owner, manager, tenant or other individual was negligent and did not exercise reasonable care to prevent the victim from slipping and falling
- The injured victim was acting carefully and responsibly at the time their injuries occurred
Common Slip and Fall Cases
The most common types of slip and fall cases involve both outdoor and indoor environments where the property owner or other individual failed in their duty to act responsibly, which caused a dangerous situation to visitors or workers. Common slip and fall cases involved:
- Failure to provide adequate warning or signage of a dangerous condition
- Neglecting to install adequate barriers to secure a dangerous area
- Failure to light a dangerous area adequately
- Neglecting to repair damaged or defective equipment, stairways and handrails
- Failure to maintain transport equipment properly including escalators and elevators
- Neglecting to remove accumulated snow or ice
- Failure to repair or barricade uneven surfaces, cracks or holes
Taking Legal Action
If you or a loved one are suffering serious injuries from a slip and fall accident caused by the negligence of another, you likely have a legal claim for compensation. However, because of the Illinois statute of limitations on personal injury cases, gathering evidence, speaking to witnesses and filing a claim as soon as possible is crucial to receive financial recompense.
For more information and guidance on the best ways to proceed legally, contact the reputable lawyers at the Chicago Injury Center. Through a free initial consultation, the attorneys can evaluate the merits of your claim to discuss all of your options. Filing a claim can hold those responsible for your injuries legally accountable for the compensation you deserve.