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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. The damages available in a slip and fall case depend on the severity of your injuries, your financial losses, and the impact the accident has had on your daily life.
Contact our attorneys for a free legal consultation about the types of compensation you may be able to recover 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. Compensation for a slip and fall may include medical expenses, lost wages, reduced earning capacity, and reasonable out-of-pocket costs related to your injuries. These economic damages can help address both the expenses you have already incurred and certain financial losses you may experience in the future.
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 treatment related to ongoing pain and physical limitations.
Seek medical care immediately after a fall, at Rush University Medical Center or any emergency room. This can help document your injuries and establish their connection to the 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. A claim for loss of earning capacity may account for the difference between what you could have earned before the injury and what you can reasonably earn after the accident.
Out-of-Pocket Expenses
Your attorney can help seek compensation for other economic 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. The damages available in a slip and fall case can also include non-economic losses that do not have a fixed dollar amount
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 supporting these damages may include medical records, testimony from people close to you, and expert testimony from medical professionals who can explain the limitations caused by your injuries. Learn more about loss of normal life damages and how they may affect your claim.
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 when the evidence meets the applicable Illinois legal standard for particularly egregious conduct. To receive these damages, a plaintiff generally must establish the required level of misconduct with clear and convincing evidence, rather than ordinary negligence alone.
The law treats punitive damages differently from compensatory damages, such as for lost income (735 ILCS 5/2-1115.05). Because the rules governing punitive damages and their pleading can be technical, an attorney should review whether they may apply to your particular case. For information about whether a settlement may be taxable, see is a settlement taxable.
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. Learn more about wrongful death claims and the compensation that may be available to surviving family members.
Seek Compensation for Slip and Fall Injuries Due to a Property Owner’s Negligence
The damages available in a slip and fall case may include economic losses, non-economic damages, and, in limited circumstances, punitive damages. Our 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. Jonathan Rosenfeld has a 10/10 AVVO rating, and the firm has 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 Chicago slip and fall case.
Legally Reviewed By
Attorney Jonathan Rosenfeld
The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC, a Chicago-based personal injury law firm. With decades of experience representing individuals injured in slip and fall accidents and other premises liability cases throughout Chicago, Mr. Rosenfeld is dedicated to protecting the rights of injury victims and helping them pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.