call/text for free consultation
312.641.9200
An unexpected fall on someone else’s property can result in you struggling with intense pain and a growing stack of medical bills. Serious injuries like these can quickly wipe out your savings and leave you feeling powerless.
At The Horwitz Law Group, we know firsthand how tough it is to cope with a sudden, painful injury. When you are struggling with pain and uncertainty, you can count on our commitment to your recovery.
If you want to receive financial compensation for a “slip-and-fall” injury, you must demonstrate that the property owner failed to fulfill their legal responsibilities. This involves establishing that the owner:
The Illinois Premises Liability Act requires property owners to exercise reasonable care in keeping premises safe for visitors. Maintaining a hazard-free environment is generally part of this responsibility. To prove that a property owner failed in this duty, and that your injury was thus caused by their negligence, you need to show the three elements discussed above.
The first step is to show that the property owner was aware, or should have reasonably been aware, of the dangerous condition. Establishing notice is essential: you will need to demonstrate that the hazard was known to, or should have been discovered by, the person responsible for the property.
The next key element is timing. You need to show that the dangerous condition persisted for a sufficient period, giving a reasonable person the opportunity to address and resolve the hazard.
Lastly, you need to establish that the property owner failed to take any corrective measures. This provides proof that they neglected the issue, whether by not mopping up a spill, repairing a faulty step or posting a warning sign when it was needed.
Gathering convincing evidence is essential to help prove your claim. Right after your fall, try to collect items like:
Collecting these types of evidence strengthens your case and makes it difficult for the defense to argue against clear facts. You safeguard your chances of a successful claim by acting quickly rather than risking letting key details vanish before you secure them.
The property owner or insurance company may attempt to place the blame for your accident squarely on your shoulders. Their arguments could include that you were distracted by a mobile device or wearing unsafe footwear at the time of your fall. Ultimately, this strategy is rooted in the idea of comparative fault under the law.
Should the court determine that you share responsibility for the accident, your compensation will be reduced according to your percentage of fault. For example, if you are found 15% at fault, your final award will be decreased by that amount. However, in Illinois, the stakes for comparative negligence are even more significant. If you are found to be 51% or more at fault, you will be barred from any recovery.
Insurance companies may try to blame injured individuals to minimize or eliminate their payouts. With a passionate Chicago personal injury attorney on your side, you can counter these tactics and protect your rights in challenging cases.
Securing the compensation you deserve after a slip-and-fall injury is rarely straightforward. It requires significant legal knowledge to demonstrate negligence and demand proper compensation after a serious injury. By partnering with skilled legal professionals, you can protect your rights and maximize your recovery.
At The Horwitz Law Group, each case and every client receives our unwavering attention, just as we would extend to our own loved ones. We relentlessly pursue the best possible outcome, leaving no avenue unexplored in our fight for justice. If you need to seek financial recovery after a slip-and-fall incident, reach out to The Horwitz Law Group for a no-cost consultation and begin your journey toward healing and justice today.
To arrange a free initial consultation with an experienced Illinois injury lawyer complete the e-mail form below.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.