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How a Slip and Fall Lawsuit Works in Illinois

A lawsuit may be the only way to recover your losses after a trip, fall, or slip accident

The fall that left you injured was not your fault, but if you fail to take action then the damages are going to be your responsibility. You are going to be left paying for your past and future medical expenses, lost income, out-of-pocket costs, pain, suffering, and other damages.

But It Doesn’t Have to Be This Way—You Can File a Lawsuit

The person or business that caused your fall should responsible for paying your damages. In order to get the damages that you deserve, you may have to file a lawsuit in an Illinois state court and fight for your recovery.

Before you do that, it is important to know:

  • If you have the right to pursue damages. If the property owner knew or should have known about the dangerous condition that led to your fall and failed to fix it or warn you about it, then you might have the right to pursue damages if you were hurt.
     
  • How to collect evidence. Evidence is critical to your successful lawsuit. You will need it to prove what happened in your slip and fall accident to the court.
     
  • What witnesses may be important. Both eyewitnesses who saw you fall and expert witnesses who can provide professional opinions about why you fell or about your injuries can be useful.
     
  • How long you have to file a case. The time limit for filing a slip and fall case in Illinois is limited. Generally, you have two years to file a case.
     
  • How your own actions may influence your recovery. Sometimes the person who was hurt in the fall bears some legal responsibility for the accident. In Illinois, you may still recover from the property owner as long as the property owner was responsible for 50% or more of the accident. However, your damages may be reduced by the percentage of fault attributable to you.
     
  • How settlements work. Settlements require negotiation. You and the property owner or the property owner’s insurance company may settle at any time. However, you should be aware that once you agree to a settlement it will likely prevent you from any future financial recovery.
     
  • Whether you need an attorney. An attorney can help you make persuasive arguments, negotiate with insurance adjusters and follow all of the court rules to protect your recovery.

Additionally, it is important to know what to do to protect your child after a slip and fall accident leaves your child injured.

Your Case Begins When You File a Complaint in Court

After the complaint has been filed, your attorney and the lawyer for the defendant will engage in discovery, will bring motions before the court, and may try to settle the case prior to trial. If an agreement cannot be reached and the case is not dismissed or decided by a motion to the court, then the case will go to trial and your attorney will advocate for your full and fair recovery.

To learn more about how a slip and fall case works in Illinois, please schedule a free consultation with an experienced attorney today. You can contact us via this website or by calling 1-800-800-5678 at any time.

Jason F. Abraham
Managing Partner, Hupy and Abraham