Injuries from a slip and fall accident can be just as serious as those from a car accident, generating substantial medical expenses and causing a victim to miss time at work.
If you slipped or tripped and fell on someone else’s property, the Hoffman Estates slip and fall injury lawyers from The Kryder Law Group, LLC, could help you recover damages from the property owner or other negligent party.
Our Team Has Recovered Millions for Clients Injured in Slip and Fall Accidents
Our law firm has a strong track record of recovering damages for clients injured in slip and fall accidents. Examples of a few of our wins include:
- $3.2 million: For an individual who sustained injuries from a fall on a construction site
- $1.4 million: For a computer programmer’s injuries from a slip and fall at a work restroom
- $550,000: For a client who had injuries from slipping and falling in a grocery store
- $450,000: For a dental assistant who slipped and fell on ice at work
- $219,000: For a client who slipped and fell in a restaurant bathroom
- $170,000: For a shopper who was leaving a major retail store and slipped and fell, sustaining injuries
How Much Could You Get for Your Slip and Fall Injuries?
The financial compensation you receive for a slip and fall accident depends on the extent of your injury. The economic and non-economic losses you endure because of the injury decide your losses.
Economic Damages Are Measurable Losses
Economic (or “special”) damages compensate you for actual expenses with monetary values. Types of economic damages include:
- Medical expenses (past and future doctors’ and surgeons’ fees)
- Hospitalization costs
- Emergency transportation
- Physical rehabilitation/ therapy
- Prescription medications
- Replacement services for household
- Loss of income and benefits
- Loss of future potential earnings
- Mobility devices
- Home modifications
Non-Economic Damages Are Less Tangible Losses
Non-economic (or “general”) damages compensate you for losses that stem from the injury but lack a monetary value. Types of non-economic damages include:
- Physical pain and suffering
- Mental anguish
- Diminished quality of life
- Physical impairment
- Physical disfigurement
If Property Owners Are Negligent They Must Pay for Injuries
Many people are quick to assume that a slip or trip is their own fault. However, property owners, landlords, and business managers must maintain their premises so that visitors do not fall and get hurt. This type of accident frequently occurs, though, and Illinois laws say the injured party does not have to foot the bills and shoulder the losses.
If you were to trip on an unmarked curb at Vogelei Park and Barn’s Safety Town, the governmental agency Hoffman Estates Park District would be liable, as they own the property.
If you slipped on spilled salsa at Cantaritto’s Taqueria & Bar, the restaurant owner would be liable for your damages. Their manager should have cleaned the spill or put up a hazard sign around the spill to prevent falls.
How Negligence Can Cause a Slip and Fall Injury
People can prevent slip and fall accidents. Property and business owners and managers must care for others on their property. By taking reasonable precautions to keep a premises safe, these parties can prevent slip and fall injuries.
Some of the most common causes of these accidents include:
Failure to remedy potholes, loose floorboards or carpet, cracked sidewalks, cluttered floors, mopped floors, spilled drinks and other liquids, broken staircases, loose mats, and so on
Failure to shovel sidewalks, plow streets, salt roads; failure to clear icy entrances, exits, sidewalks; failure to dry melted ice and snow on floors
Failure to train workers on equipment, tools, proper footwear, and the safe way to move around a construction site
Failure to repair or replace broken or missing handrails in bathrooms, staircases, or other precarious areas
Failure to comply with Occupational Safety and Health Administration (OSHA) requirements for adequate lighting of public properties and workplaces; or otherwise poor lighting of staircases, sidewalks, and walkways
Our Law Firm Will Establish Liability Under Illinois Negligence Laws
Illinois personal injury laws operate under the system known as “modified comparative negligence.” This rule establishes that the damages a plaintiff receives from a slip and fall accident will be reduced by the plaintiff’s portion of fault for the accident.
If the plaintiff is found to be 50 percent or more at fault for their injury, they will not recover damages. However, if you were found to be 25 percent responsible for your slip and fall – perhaps you were on your phone and didn’t notice a broken handrail – you would still receive 75 percent of your damages. If a jury awarded you $10,000, this means you would receive $7,500 in compensation.
Your Lawyers Can Support You and Prove That the Other Party Bears the Most Fault
The modified comparative negligence rule underscores the benefit of having our law firm handle your case. The settlements and verdicts we have won clients showcase our ability to present an accident scenario that favors our clients.
To establish the property owner’s liability in your case, our lawyers will work to prove that the property owner’s actions – or perhaps lack of action – created an unsafe environment.
Elements We Will Aim to Prove in Your Slip and Fall Case
Our lawyers will apply legal theories of liability to prove your case and establish that the property owners should compensate you for your slip and fall injuries. Depending on the circumstances of your accident, our strategy will involve proving one of the following arguments.
The property owner or manager should have been aware of a hazardous condition on their premises and repaired or removed the hazard – but failed to do so. Our legal team would argue that a reasonable person would have known about the hazard and recognized it as a danger. We would also present facts to support that the property owner or manager had sufficient time to fix the dangerous situation.
Alternatively, our attorneys would prove that the property owner or their employee or agent created the hazardous situation. We will show that a reasonable person would have foreseen the danger of a slip and fall because of the unresolved danger.
We Will Gather Evidence to Answer Important Questions in Your Case
Our legal team will build your case by gathering evidence from:
- Witness interviews
- A trip to the accident scene
- Surveillance camera footage
- Review of facility safety logs and records
In our investigation, our team will aim to answer several questions that could solidify our argument that the property owner is liable for your injuries. We could try to ascertain:
- Whether the property owner had time to resolve the hazard
- Whether the fall occurred because of poor lighting
- Whether the property owner tried to warn visitors of the hazardous area
- Whether the property owner tried to prevent access to the hazardous area
- Whether the property or business owner had a policy for checking and logging possible hazards on the premises
Illinois Law Limits the Amount of Time You Have to File a Lawsuit
735 ILCS 5/13-202 imposes a statute of limitations for a slip and fall accident of two years. This means you have two years from the date of your injury to file a lawsuit.
If a loved one suffered slip and fall injuries and ultimately passed away from them, you could pursue a wrongful death action. 740 ILCS 180/2 gives you two years to file this lawsuit.
Our Hoffman Estates Slip and Fall Injury Lawyers are Here to Help You
Illinois’ personal injury laws for a slip and fall accident can be complicated, but the last thing you should do is assume you do not have a case.
Contact our law firm for a free consultation with a Hoffman Estates slip and fall lawyer. We will review your case and inform you of your options for pursuing compensation. For your free evaluation, call The Kryder Law Group, LLC.