Lost Wages in Slip and Fall Cases

If you slip or trip because of an existing hazard on someone else’s property, that person may be liable for any legal damages you suffer as a result. Lost wages in slip and fall cases are one of the most common economic losses included in personal injury claims.

Even if your slip and fall accident is obviously the property owner’s fault, proving this can be challenging. Slip & Fall Injury Lawyers specialize in cases involving property owner negligence. Our Chicago law firm can guide you through the legal process to increase your chances of recovering maximum compensation for legal damages, including lost wages. 

What Are Lost Wages in Personal Injury Claims?

When you suffer a serious personal injury due to a dangerous condition on a property, you could face a long physical recovery. Whether the injury causes temporary or permanent damage to your body, you may not be capable of performing your work duties as outlined in your employment agreement. Lost wages refer to the payment you missed because you suffered injuries. 

Fortunately, you can attempt to recover lost wages in the form of financial compensation from a lawsuit. If your lost wage claim is successful, the at-fault party or their insurance company would have to pay for these losses. 

What Can Be Included in a Lost Wages Claim?

Lost wages can encompass a wide variety of financial benefits that come from your job. The simplest way to calculate this loss is to multiply the number of days you missed work by your daily wage. However, the daily pay rate is not the only factor that can affect the settlement amount in your personal injury case. 

Other elements that can impact financial compensation for lost wages include annual salary, lost vacation or sick days, missed overtime, bonus pay, commissions, tips, and job perks. Lost future earnings can also play a role in your settlement if your injury recovery is ongoing or if the damage has permanently affected your ability to fulfill your job duties. 

Who Pays for Income Lost After a Slip and Fall Accident?

Defendants in this type of claim in Chicago will be responsible for compensating the injured person for lost wages and other damages. Often, the owner’s insurance company will pay the settlement amount up to the policy limit. 

Here are some potential defendants in these cases:

• A property owner fails to maintain the steps to their front door, and a guest falls through a rotten plank
• A restaurant owner does not put a “wet floor” sign near a spill, resulting in a customer slipping and falling
• The city of Chicago fails to repair an uneven patch of pavement on a sidewalk near Millennium Park, resulting in a trip and fall
• A contractor does not enforce safe practices for extension cords, leading to a worker falling after tripping
• A grocery store owner fails to address a loose floor tile that slides when a customer steps on it
• An employer whose employee falls and gets hurt on the job would be responsible for providing workers’ compensation insurance

How Do I Prove Lost Earnings?

Finding evidence to prove lost wages in a claim can be challenging, especially without the assistance of an experienced personal injury attorney. Proving lost wages will require documentation such as pay stubs, medical payments, medical records, eyewitness statements, employment agreements, and photos of your injuries or the accident scene. 

Other types of evidence that could support your pursuit of lost wages include surveillance footage, expert testimony, and an incident report. The more evidence you provide, with the help of a personal injury lawyer, the greater your chances of recovering compensation for lost wages. 

Can I Be Compensated for Future Earnings?

The timing of your lawsuit does not impact lost wages as much as you may assume. Even if your claim is filed within weeks of the incident while you are still recovering, you can pursue lost future earnings as part of your settlement. To prove this type of loss, you will need medical evidence to back up a longer recovery period, such as doctor testimony or medical test results. 

A medical professional’s evaluation of your injury recovery will ultimately determine how much money you will lose because of your extended recovery. Your personal injury attorney can help you acquire this evidence. 

What if I Can No Longer Work Due to a Serious Injury?

If you suffered injuries that permanently affected your ability to work, you could seek additional compensation for lost earning capacity. A severe fall injury may prevent you from ever returning to the same role, or it could stop you from working in the same field entirely. 

With a successful personal injury claim, you could receive compensation for losing your ability to work in the future because of the other party’s negligence. 

How to Cover Immediate Medical Treatment Costs

In the immediate aftermath of a fall injury, you may have medical costs to pay. Waiting on a verdict and settlement can be frustrating when medical bills keep piling up while you are missing work. 

Typically, these bills would be covered by your insurance, and then the insurer would recoup those costs from the settlement. This is known as a medical lien, which is a legal right granted to the medical provider or insurer to receive payment from the settlement for services rendered.

However, according to state law 770 ILCS 23/10, the total cost of liens on a settlement cannot exceed 40% of the total settlement amount, so you will still secure fair compensation from the personal injury claim. 

How Long Do I Have to Recover Lost Income Following a Slip and Fall Injury in Illinois?

Accident victims in Illinois must adhere to the statute of limitations when filing claims. State law 735 ILCS 5/13-202requires plaintiffs to file their claims within two years from the date of the incident or discovery of the injuries. If you wait until after this deadline, you may not be able to recover any compensation for lost wages, medical expenses, pain and suffering, or other damages. 

How to Strengthen Your Slip and Fall Claim

The process for filing an injury claim begins the moment the incident happens. You’ll need to follow the right steps to strengthen your claim and win a settlement in the future for lost wages and other damages. Here are the most important steps you must take:

• Identify the nature and cause of your injury
• Report the incident to the owner following all proper procedures
• Gather information from the scene, such as the owner’s contact details and insurance company
• Gather evidence, such as photos, surveillance footage, eyewitness statements, and copies of the incident report
• Seek medical attention for diagnosis and treatment
• Follow up with your doctor for further medical evaluation
• Maintain all medical records as evidence of your losses
• Consult an expert personal injury attorney about your case

Common Defenses and Tactics Insurance Companies Use

Insurance companies employ numerous deceptive tactics to undermine personal injury cases and minimize payouts to accident victims. 

For example, the insurer may argue for comparative negligence, which means that the incident was partially your fault. If they are successful, it would reduce your potential settlement by a similar percentage based on your fault. 

Another tactic used by insurance companies is offering low initial settlements. They might make a quick offer that is far less than what you deserve, hoping the thought of fast cash and a resolved claim will tempt you to accept it. 

An experienced personal injury attorney can effectively counter these tactics and negotiate a settlement that reflects the full value of your losses, including lost wages, medical expenses, and other damages. 

How a Slip and Fall Attorney Can Help

As a top-rated personal injury lawyer with an A+ rating from the Better Business Bureau, Slip & Fall Injury Lawyers is uniquely positioned to help with your claim. Our firm will investigate the incident, assess all damages beyond just lost income, gather evidence, fight for maximum compensation, and represent you in court if necessary. 

How We’ve Helped Clients Recover Lost Income

Our record speaks for itself, as we have secured over $490 million for more than 5,000 clients. Here are some examples of cases we have won:

• $4 million – While recovering from hip surgery, 68-year-old Thomas slipped and fell in his hospital room, suffering a fatal subdural hematoma. His family received a $4 million wrongful death settlement after it was found that the hospital had failed to follow proper fall-prevention protocols.
• $2.6 million – Carlos, a 42-year-old construction worker, fell on debris at an active job site and tore several ligaments in his knee, requiring surgery. He received $2.6 million after it was shown that the site lacked adequate safety measures.
• $2 million – Twenty-five-year-old Emily fractured her pelvis after slipping on untreated ice outside a church entrance. Her legal team secured a $2 million settlement, proving the church had neglected to salt the walkway despite freezing conditions.
• $1.2 million – Monica broke her arm after slipping on spilled fruit in the produce aisle of a large retail chain. The store paid $1.2 million after evidence showed employees failed to clean up the hazard in a timely manner.

Recover Fair Compensation with Our Slip and Fall Law Firm

 At Slip & Fall Injury Lawyers, we can help you prove the other party’s negligence and recover a settlement for lost wages, future pain and suffering, and other losses. We work on a contingency fee basis, so you owe nothing unless we win the claim. Contact us today to request your free consultation.