Answers to Important Illinois Slip and Fall Questions

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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.

Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.

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  • Who is responsible for a slip or fall on icy or snowy ground in Illinois?

    Illinois property owners are rarely held responsible for falls on naturally accumulating snow and ice

    Snow and ice are common causes of slip and fall accidents. However, in Illinois a property owner is typically not legally responsible for injuries that occur because someone falls on naturally accumulating snow or ice, or on a property that someone tried to clear of naturally accumulating snow or ice.

    This Applies to Illinois Homeowners

    The Illinois Snow & Ice Removal Act (“the Act”) establishes the responsibility of residential property owners when a slip and fall occurs due to snow or ice that they were attempting to remove from their sidewalk. According to the Act, it is the public policy of the state of Illinois to encourage residential property owners and tenants to clean their sidewalks of ice and snow after a winter weather event. Accordingly, the General Assembly determined that residential property owners and tenants should not be liable for injuries that result from their attempt to remove ice and snow in most cases. However, if the injured person can prove that the homeowner acted willfully or wantonly, then the injured person may be able to recover damages in a slip and fall case.

    And It Applies to Commercial Property Owners in Illinois

    The rules are similar for commercial property owners in Illinois. Generally, commercial property owners are not liable for injuries caused by naturally accumulating ice and snow. However, a commercial property owner may be liable for damages if there was a problem with the design or maintenance of the ground underneath the snow or ice.

    It is important to remember that these rules only apply to the natural accumulation of snow and ice. If ice or slippery conditions accumulate because of unnatural causes, then these rules do not apply and the property owner may be liable for damages.

    If you have been hurt in a slip and fall accident on a snowy or icy property in Illinois, then it is important to know your rights. The law is complicated. You need to know if you have a potential legal claim and if you do then you need to know how to protect your recovery. If you think that you may be able to recover damages, then we encourage you to start a live chat with us now and to schedule a free consultation today.

  • Is an Illinois property owner or renter required to have liability insurance?

    An insurance claim is the starting part for getting fair compensation for a fall injury

    Illinois law does not typically require property owners or renters to have liability insurance. That said, mortgage lenders and commercial landlords typically require liability insurance, and that insurance could be applicable to your recovery after a slip and fall accident.

    An experienced slip and fall lawyer will investigate all potential sources of insurance and fight for your fair recovery from all applicable insurers.

    What Insurance Could Apply to My Recovery?

    The type of insurance that could apply to your fall accident injury depends on where you fell. Some examples include:

    • Homeowner’s insurance. While Illinois law does not require homeowners to carry insurance, it is required by mortgage lenders. Additionally, many people who own their homes outright carry homeowner’s insurance to protect themselves from financial catastrophe if an accident occurs on their property.
       
    • Residential rental insurance. Landlords or property owners may have insurance on their rental properties. Additionally, some renters may have liability coverage within their rental unit. One or both types of insurance may be applicable if you have been hurt on a rental property.
       
    • Commercial property insurance. Most commercial leases require tenants to have property insurance. Commercial landlords may also carry property insurance, and one or both of these insurance policies may be applicable to your fall injury recovery.

    All of these types of insurance policies are important protections for individuals and businesses, and thus many homeowners, renters, and business owners chose to have adequate insurance policies to protect themselves in case someone is injured on their properties.

    However, even if there is adequate property insurance to protect your recovery after a slip and fall accident, you may still find yourself in a dispute with the insurance company. Insurance companies profit by paying out as little as possible in insurance claims. Accordingly, the insurance adjuster assigned to your case may not be willing to pay you a fair recovery for your damages unless you fight or it.

    Let an experienced fall injury lawyer fight for a fair recovery on your behalf. Contact us today at 1-800-800-5678 to learn more about tips and resources for protecting your slip and fall recovery.

  • Do I have the right to pursue damages after a fall accident in Illinois?

    Proving liability for your injuries is essential for your slip and fall claim

    In order to recover damages after a fall accident in Illinois, you will need to prove that someone else was legally responsible for your fall and resulting injury.

    However, you don’t have to attempt to prove legal responsibility, or liability, on your own. Instead, you have the right to hire an experienced lawyer to help you get the recovery that you deserve.

    Four Questions You Need to Answer to Determine Liability

    Your slip and fall lawyer may ask you the following questions to determine what caused your fall and injury and, therefore, who is responsible for paying your damages. Those questions include:

    1. Why did you fall? You will need to prove that you fell because of a condition that the property owner knew or should have known was dangerous. If the property owner or manager knew or should’ve known of the condition and failed to fix it or warn you of it, then the property owner could be responsible for paying your damages. You will not be able to recover damages if you fell because of your own carelessness or because of circumstances that were beyond the control of the property owner.
       
    2. How did the condition that led to your fall occur? You need to know what caused the dangerous condition to be there. For example, a slippery floor could be caused by inadequate maintenance of the property, or it could be caused by falling snow.
       
    3. How long was condition like that? The longer the condition was in place, the more likely it is that the property owner knew or should have known about the dangerous condition and taken steps to fix it or warn you of the hazard.
       
    4. Were you hurt? You will need to prove that the fall caused you to suffer specific injuries which would not have happened but for the fall accident.
       

    If you think someone else may have been liable for your fall injuries in Illinois, then you have the right to pursue damages in a slip and fall case. Please start a live chat with us now to learn more about how to pursue your fair recovery.

  • When should I file a slip and fall lawsuit in Illinois?

    There is limited time to file a slip and fall lawsuit in Illinois

    A slip and fall accident can result in painful injuries and even death. Many victims suffer from long-term complications from these injuries, but their time to file a slip and fall lawsuit is limited.

    If a person falls due to the negligence of a property owner, the injured person may be entitled to compensation. It is important, however, that the victim act quickly in filing a claim.

    Here’s Why

    The reasons to start a claim quickly include:

    1. The statute of limitations. Each state has a statute of limitations for filing a slip and fall lawsuit in court. In Illinois, this time period is two years from the date the accident occurred. Once this window has closed, the ability to seek justice in court is gone. Thus, your complaint must be filed in court prior to the expiration of the statute of limitations. As with many laws, there are exceptions to the general rule, so it is important to talk to your slip and fall lawyer about how the statute of limitations may apply to your claim.
       
    2. Moving on. Dealing with all the factors that go into a slip and fall claim can be stressful, tiresome, and time-consuming. It may take away from other parts of life. Getting the lawsuit over with quickly will allow the victim to move on with life and put the accident behind her.
       
    3. Establishing a solid case. Over time, details tend to get forgotten and misplaced. In a slip and fall case, losing key pieces of evidence can be damaging to the final result. Also, testimonies from individual witnesses will be fresher and more reliable if the case proceeds quickly. It is important that all witnesses and articles used as evidence are presented in a manner that will best support the case.
       

    If you have been injured in a slip and fall accident it is important to act quickly and to contact an attorney experienced in slip and fall accidents at Hupy and Abraham. Call 1-800-800-5678 today to discuss how a slip and fall case works in Illinois and to set up a free consultation.

  • Who will pay for my slip and fall accident injury if I was partially at fault for the fall?

    Are you partly to blame for your fall accident?

    It depends on the unique circumstances of your fall. In Illinois, you may still be able to make a financial recovery if someone else was primarily responsible for causing you to fall.

    What Illinois Law Says About Shared Liability

    According to Illinois law 735 ILCS 5/2-1116:

    • The plaintiff, or injured party, may recover damages in a personal injury case (such as a slip and fall case) if the plaintiff is not more than 50% responsible for the accident. In other words, an injured person can only recover damages from someone else if the injured person was not the primary cause of the accident.
       
    • The damages that the plaintiff may recover will be reduced by the percentage of fault attributable to the plaintiff. Thus, if the plaintiff is found to be 30% responsible for the accident, then the plaintiff may recover slip and fall accident damages, but the amount of the damages will be reduced by 30%.

    The rule may seem simple, but the percentage of fault attributable to each party is often a contested matter in a slip and fall case.

    How the Percentage of Fault Is Decided

    The percentage of fault may be decided in one of two ways. You and the property owner (or the property owner’s insurer) may agree upon a percentage of fault during settlement negotiations or the court may decide on the percentage of fault during litigation. Ultimately, you can’t decide who is at fault on your own, but you can influence others to agree to your interpretation of fault by:

    • Presenting strong evidence. This may include things such as photographs, surveillance video, witness testimony, property maintenance records, and medical records.
       
    • Making strong arguments. An experienced slip and fall lawyer can help persuade the insurance company or defense attorney about the percentage of fault that should be assigned to each party.

    Learn more about how a slip and fall lawyer may help you—even if you were partly to blame for the fall accident that left you injured. Call us at any time at 1-800-800-5678 to discuss your slip and fall case. We are available 24 hours a day, seven days a week, 365 days a year.

     

  • Should I wait until I finish medical treatment to file a slip and fall injury case?

    Your focus right now is on your physical recovery. However, as you meet with your doctors and review your plan for recovering from your fall injuries, you realize that your physical recovery is not going to be measured in days and weeks but rather in months and years. You are going to need surgeries or physical therapy for a long time, and while the doctors can provide you with a prognosis they cannot guarantee an outcome.

    Don’t Let This Stop You From Filing a Slip and Fall Case Now

    You do not have to wait until you have finished treatment to pursue a slip and fall claim. Your time for filing a slip and fall case is limited by the state’s statute of limitations. While the statute of limitations varies from state to state, it often expires before a person’s medical treatment is finished.

    Thus, you may have to file a claim before your treatment is completed.

    This Should Not Impact Your Recovery

    Filing a claim does not mean that you are agreeing to a settlement. You can file a claim and continue to get medical treatment. Your case will not be settled until you have either finished treatment or your doctor has a reasonable prognosis for you and can estimate the amount of medical care that you will continue to need in the future.

    It is important to know the truth about protecting your rights after a slip and fall leaves you injured. Accordingly, we encourage you to watch our free videos and to follow us on Facebook to stay up to date on important issues that could affect your recovery.

  • My child fell at the store and suffered a concussion. Now she can’t go to school. What should I do?

    There are some things that you should do regardless of how or where your child fell. If your child has suffered a concussion and can’t go to school, then it will be important...

    • To talk to your child’s doctors. Your child may need rest to recover, and the doctor can tell you just what that means for your child.
    • To talk to your child’s teacher or guidance counselor. Your child may be unable to attend school at all, may need a modified schedule, or may be unable to participate in certain activities such as physical education. It is important to keep the school informed of our child’s needs and to develop a plan to keep your child from missing too much school work.

    Once you have arranged for your child’s medical and educational needs to be met, you should think about the rest of your child’s recovery.

    Additional Steps to Take If Your Child Fell on Someone Else’s Property

    Sometimes children fall because of their own actions; however, that is not always the case. Sometimes children fall because a store owner or manage is negligent. If there was a dangerous condition in the store that the property owner knew about—or should have known about—and the property owner failed to warn you about the condition or fix it, then your child may be able to recover for the injuries that he suffered because of that condition. Your child’s recovery could include compensation for past, current and future medical expenses, out-of-pocket costs, pain, suffering, lost income and other damages. To learn more about your child’s rights and about how to protect them, please start a live chat with us today.