Damages in Slip and Fall Cases in Illinois

If you were in a slip-and-fall accident on someone else’s property, such as falling down a flight of stairs in a Bridgeport apartment, you will need to negotiate with the property owner’s insurance company or file a personal injury lawsuit. Damages in slip and fall cases depend on whether you suffered serious injuries and what your expenses were. 

Contact our top-rated attorneys for a free legal consultation about what types of damages you can receive and begin the claims process. 

Economic Damages

Settlement amounts in slip-and-fall accident cases depend on your overall expenses. The primary compensation in a fall accident claim is for the economic damages, which include the hard financial losses you suffered.

Medical Expenses

Medical expenses in slip-and-fall accident cases typically cover costs such as surgeries, physical therapy, medications, medical devices, and supplemental medical treatments, including hydrotherapy for managing physical pain. 

Always receive medical care directly after an accident, such as visiting Rush University’s emergency room. This demonstrates that your injuries are directly connected to your slip and fall accident. 

Lost Wages 

Lost wages in slip-and-fall accident cases cover the time you were off work recuperating. This will be calculated using pay stubs or other documentation from your employer. If you have fluctuating income, such as gig work, you can take an average of your typical compensation for a week or month. 

Loss of Earning Capacity

You can also cover future lost wages if you suffered serious injuries that will keep you from continuing your old employment. For example, an individual with head injuries from a fall at a construction site may only be able to work part-time, and this should be compensated.

Out-of-Pocket Expenses

Your attorney can recover compensation for other damages using a slip-and-fall settlement calculator. This can include expenses such as out-of-pocket medical treatment, personal care and household services, transportation, or home modifications for individuals with permanent disabilities. 

Non-Economic Damages

The Illinois court system provides detailed instructions to jurors when calculating non-economic damages, specifically noting that damages are awarded “taking into consideration the nature, extent and duration of the injury.” In other words, the courts will consider how severe your injuries were and how long it took you to recuperate. These are some of the damages you may receive in a settlement.

Pain and Suffering

Pain and suffering in slip and fall accident cases consider the physical discomfort you experienced both during the accident and afterward. This can include chronic pain, broken bones, or spinal cord damage. To support these damages, keep records of your pain levels. 

Emotional Distress

A slip and fall can be extremely distressing, particularly as you recuperate. Your personal narrative and the testimony of your family can show how you suffered from depression or anxiety while coping with your injuries.

Loss of Normal Life

After a slip and fall accident on someone else’s property, you may no longer be able to participate in your favorite hobbies or care for your everyday life, which should be considered a loss of normal life. Evidence to support these damages includes expert testimony from medical professionals, who can explain what limitations you may now face. 

Disfigurement or Scarring

Some slip and fall accidents result in disfigurement, which can be included as a separate form of damages. For example, if you fell off a second-floor balcony in Humboldt Park and split your cheek open, you can receive non-economic compensation for the facial scarring. 

Disability

Disability in slip and fall accident cases may result from spinal cord damage, broken bones, or head trauma. The courts can award disability damages, and you may also be eligible for supplemental income from the Social Security Administration. 

Punitive Damages

A jury may award punitive damages in a slip and fall settlement if the property owner created intentionally hazardous conditions or failed to fix problems that could have seriously injured someone. To receive these damages, we must prove negligence that occurred over an extended period or clear intent by the owner to harm someone.

The law treats punitive damages differently from compensatory damages, such as for lost income (735 ILCS 5/2-1115.05). These damages are only awarded by the court, and there must be clear evidence of intent or malice. Additionally, punitive damages are taxable as they are non-compensatory. 

Wrongful Death Damages

If you lost a loved one due to someone else’s negligence, you can recover compensation under the Illinois Wrongful Death Act (740 ILCS 180). These damages can include medical care before death, funeral and burial expenses, grief, loss of consortium, and loss of companionship. 

Seek Compensation for Slip and Fall Injuries Due to a Property Owner’s Negligence

Our award-winning attorneys can prove negligence, negotiate a fair settlement, and protect your legal rights throughout the premises liability case process. Over the past 25 years, we have secured over $490 million in settlements and verdicts across 5,000 successful cases. We have a 10/10 AVVO rating and an A+ rating by the Better Business Bureau. 

We work on a contingency fee basis, meaning you owe us nothing unless we secure compensation for you. Contact us today for a free consultation about your case.