Chicago Hospital Slip and Fall Cases
Hospital Slip and Fall Accident Lawyers in Chicago
Hospital slip and fall cases can lead to serious injuries and even death. While major hospitals like Northwestern Memorial and UChicago Medicine provide top-notch medical care, they can also lead to further injuries caused by falls, and our attorneys can ensure that negligent staff are held responsible for your injuries. Contact us today for a free consultation about your legal rights.
How Our Chicago Law Firm Can Help
Our experienced slip and fall law firm boasts a 10/10 AVVO rating and is a Super Lawyers-rated firm, dedicated to delivering exceptional legal support. We will determine liability, investigate your case, and guide you through the entire slip and fall claims process, from filing an initial complaint to representing you at trial.
We have garnered over $490 million in successful settlements for our clients. Our team won $4,000,000 for the family of Brian, who fell during a hospital admission for a hip replacement surgery. Brian suffered a fatal brain injury due to dangerous conditions, including inadequate staffing.
What Causes Slip and Fall Accidents in Chicago Hospitals?
Medical facilities can be dangerous places due to busy hospital staff and inadequate supervision. Common causes of slip and fall accidents include:
- Wet floors
- Staff failing to respond to calls in a timely manner
- Cracked or uneven flooring
- Unsecured rugs or carpets
- Inadequate lighting
- Cluttered floors
- A lack of snow or ice removal
- Hazardous conditions during construction
- Medical conditions like sedative use or Postural Orthostatic Tachycardia Syndrome (POTS), which may cause patients to faint
What Are the Most Common Injuries Sustained in Hospital Slip and Fall Accidents?
Far from a minor issue, a slip and fall accident can cause serious injuries. Common injuries include
- Broken bones
- Spinal cord injuries
- Soft tissue injuries
- Traumatic brain injuries
- Nerve damage
- Sprains and strains
- Back and neck injuries
Can I Sue a Hospital if I Slip and Fall?
Yes, you can pursue a civil lawsuit against the medical facility for a slip and fall accident. The type of case we will file depends on the specific circumstances of the accident, including who was involved. Typically, these cases fall under the categories of malpractice or premises liability.
Medical Malpractice vs Premises Liability
The Illinois Medical Malpractice Act allows patients to sue if a medical professional failed to provide timely or appropriate medical care (735 ILCS 5/2-1701).
To file this type of lawsuit, it must be against a licensed medical professional with whom you had an established professional relationship, such as a charge nurse on your ward. You must prove that the responsible party failed to uphold their primary duty of caring for you, such as helping you use the restroom if you are immobile, and that caused your accident.
Another option is a lawsuit against the property owner, like the hospital or clinic. For these, you must prove that there were known hazards on the premises and that the owner did not fix these dangerous conditions, leading to your accident (740 ILCS 130/2).
For example, Chicago requires that all rooms have adequate lighting to prevent fall injuries or other hazards (1204.3). If the hospital failed to do so and you fell, then they can be liable.
How Long Do I Have to File a Slip and Fall Lawsuit Against a Chicago Hospital?
In general, you have two years to file a personal injury lawsuit (735 ILCS 5/13-202). Contact our slip and fall lawyers as soon as possible to ensure we have adequate time to prepare your case.
Common Defenses in Hospital Slip and Fall Accident Cases
Our experienced slip and fall law firm will effectively counter these common defenses to ensure you have the best possible chance at compensation.
- Open and Obvious Hazard: The hospital may argue that the dangerous condition should have been apparent. We will prove that due to your condition, you may not have been able to identify the danger.
- Comparative Negligence: Illinois allows you to claim damages as long as you were not more than 50% responsible, but the hospital will claim you were more negligent. We will argue that the hospital is liable for any injuries to patients or guests.
- Lack of Notice: A defendant is only liable for dangers they knew about but did not fix. Our firm will prove that they should have been aware of the risk but failed to act.
- Trivial Defect: In some cases, the slip and fall accident happened due to a minor elevation change or a wet patch. We can demonstrate that due to your condition, such as using a mobility aid or being distracted by a loved one’s illness, you would not have noticed the issue.
How to Strengthen Your Hospital Slip and Fall Injury Case
Your actions after a slip and fall injury can make a significant difference in whether you secure compensation. Follow these steps as soon as possible.
- Get medical treatment immediately, moving hospitals if necessary.
- Alert hospital staff to the accident and how it happened.
- Get copies of your medical records and any medical bills associated with the fall injury.
- Gather evidence, such as photos and videos, and collect witness contact information.
- Keep your shoes and clothing worn at the time of the accident so we can prove that they were not the cause of your slip and fall injuries.
- Do not speak to hospital administrators or insurance companies without an attorney present.
- Call a slip and fall lawyer as soon as possible for a free consultation.
What Damages Can Victims Recover After a Hospital Slip and Fall Accident?
You may receive both economic and non-economic damages, and our team will ensure that you receive a reasonable amount based on your expenses.
Economic damages compensate you for the financial losses from your slip and fall accident. These can include:
- Medical expenses
- Future medical treatment
- Lost wages
- Future lost income
- Property damage
- Burial and funeral expenses for wrongful death
Non-economic damages consider how this accident has changed your life and the pain you’ve suffered. This includes:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Inconvenience
- Loss of companionship for wrongful death
Illinois does not impose a limit on non-economic damages as per the Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital, meaning that a jury can issue whatever sum they believe is fair in your case.
Consult a Chicago Hospital Slip and Fall Lawyer Near You!
Our award-winning attorneys have successfully earned compensation for over 5,000 clients over the past 25 years. We work on a contingency fee basis, meaning that you owe us nothing unless we secure compensation for you. Through meticulous investigation and aggressive negotiation, we give you the best chance of a successful personal injury claim. Contact us today for a free consultation about your legal rights.