How to File a Slip and Fall Claim

If you get hurt on someone else’s property in Chicago due to a slip and fall, you may be eligible for compensation through a personal injury claim. However, many injured victims are unsure of how to file a slip and fall claim to maximize their chances of securing a settlement. 

Slip & Fall Injury Lawyers can guide you through the claims process to ensure the at-fault party is held accountable for their actions. In this guide, we will explore the steps required to build a strong slip and fall claim. 

Seek Medical Attention

Your first thought after the accident occurs should be for your health. Even if the injuries sustained seem minor, it is essential to seek medical attention immediately. An early diagnosis can make all the difference in achieving a full recovery, but it is also crucial to seek medical attention for legal purposes. 

Medical treatment will create a paper trail that can be used as evidence in your slip and fall claim. If you do not schedule an appointment to receive medical attention right away, this could weaken your case, as the defense may argue that you are exaggerating your injuries. 

Report the Incident to the Property Owner or Manager

For an injury that occurs on another property, you should report the incident to the property owner or manager. This could be a store supervisor, a landlord, a city official, or a business owner, depending on the location of your accident. Request a written report of the incident so you have a physical document that can serve as evidence in your claim.

If you are not given a copy, take a photo of the document before leaving the premises. When a slip and fall injury occurs on government property, there are stricter notice rules, so you should act as soon as possible to report the incident and consider a legal claim. 

Document and Preserve Evidence of the Accident Scene

Now, it is time to gather evidence to prepare for your slip and fall claim. Here are some types of evidence you should document or preserve from the accident scene:

• Photos of the hazardous condition (wet floors, inadequate lighting, broken sidewalks, etc.)
• Witness statements and contact information
• Medical bills and diagnoses
• Surveillance footage of the incident
• Clothes and shoes worn when the accident occurred
• Medical test results

Remember to avoid washing clothes or shoes that you wore during the accident, as there may be materials on these items that can support your claim. Additionally, refrain from posting on social media or discussing the accident with insurers. 

Understand the Laws Related to Illinois Slip and Fall Cases

In Illinois, a person injured by someone else’s negligence typically has two years from the date of the incident to pursue compensation for legal damages (735 ILCS 5/13-202). However, if a government entity is the defendant, the claim would fall under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/), which has stricter timelines. 

If the injury occurs in a federal building, the Federal Tort Claims Act would apply, substituting the United States government for the responsible employee.

Prove Liability in a Slip and Fall Injury Claim

Illinois has a modified comparative negligence statute, which means the injured party must be no more than 50% responsible for an accident to pursue damages (735 ILCS 5/2-1116). For a slip and fall claim, you must prove that the property owner or other party is mostly at fault for your accident. Proving negligence will involve four elements:

• Duty of care – The defendant had a level of responsibility to prevent injuries
• Breach of duty – The defendant violated their duty of care to the injured party
• Causation – There is a link between their actions and your suffering
• Legal damages – You suffered legal losses as a direct result of the incident

For premises liability, you must prove that the property owner’s negligence resulted in unsafe conditions or a failure to warn others of danger. 

Filing an Insurance Claim vs a Slip and Fall Lawsuit

The two primary options for obtaining compensation after an injury are an insurance claim and a personal injury lawsuit. For less severe injuries, an insurance claim is often a more sensible option because the claims process is generally simpler. 

However, if liability is in doubt, or if you suffered significant losses because of the slip and fall injury, a lawsuit is more likely to result in a fair settlement. The type of defendant, such as a private citizen or a government entity, should also influence the path you choose. 

How a Slip and Fall Lawyer Can Help

An expert slip and fall lawyer knows what it takes to navigate the legal process and secure fair compensation for your losses. Our team will help you build a strong slip and fall case, enabling you to recover legal damages, including lost wages, medical treatment costs, emotional distress, pain and suffering, and loss of enjoyment of life. 

Here are some of the legal services we will provide during your slip and fall accident claim:

• Investigating the property to determine the cause of the slip and fall accident
• Working with experts to strengthen your claim, such as engineers and doctors
• Gathering surveillance footage from the scene
• Collecting witness statements to support your story
• Obtaining the incident report from the property owner or manager
• Filing court paperwork within the established timelines
• Negotiating with the insurance company to get a fair payout
• Advocating for your legal rights as the injured party

At our law firm, we work on a contingency fee basis. This means you don’t owe anything unless we win your case. That payment is then deducted from the settlement amount. Having a legal advocate is essential for a complex slip and fall accident. 

Secure Expert Legal Representation

Trying to understand how to file a slip and fall claim on your own can be challenging. When you work with Slip & Fall Injury Lawyers, our team can help you pursue a successful slip and fall case to recover economic and non-economic damages. 

Our firm has decades of experience serving Chicago clients who have been hurt on other properties, maintaining a 98% success rate. During that time, we have recovered millions of dollars for clients seeking compensation. 

With a contingency fee agreement, there are no upfront costs for our services. Additionally, we offer a free consultation, allowing you to ask questions about your slip and fall accident and discuss legal options. 

If you are struggling to gather evidence, document medical treatment, or prove liability after a slip and fall accident, contact our legal team today for a free case evaluation.