Slip and Fall Broken Elbow Settlement Amounts in Illinois

What is the average settlement for a broken elbow after a slip and fall accident in Illinois?

The average slip and fall broken elbow settlement in Illinois is $292,366. Your compensation depends on factors like liability and medical expenses.

Our experienced attorneys can calculate a fair settlement and negotiate with insurance companies to ensure you receive full compensation. Contact us for a free consultation about your broken elbow claim. 

What Are the Key Factors Impacting Broken Elbow Slip and Fall Settlement Amounts?

Key factors in Chicago slip-and-fall settlements include the following.

Comparative Liability

Liability in a slip-and-fall case means someone else’s negligence caused the injury. For example, Chicago requires homes and businesses to remove snow and ice from sidewalks (4-4-310 & 10-8-180). Failure to remove snow increases liability.

Illinois’s modified comparative negligence law means that each party is assigned a percentage of liability, and you can only sue if you are less than 50% liable (735 ILCS 5/2-1116). 

Injury Severity

There are different types of elbow fractures depending on how the bone is broken and how severe the displacement is. More severe displacement means we can negotiate for more compensation. 

Surgery and Treatment

Generally, slip-and-fall settlements with surgery are entitled to higher settlement values, but settlements for slip-and-fall claims without surgery may also have high values depending on your occupation and lost income. 

Future Treatment Needs

If your physicians believe you may need future treatment like physical therapy, our attorneys can add this to the settlement demand. 

Lost Income

Lost income is a significant part of a broken elbow settlement. Our attorneys will calculate how much time you spent off work and ensure that you are compensated for lost income. 

Example Broken Elbow Slip and Fall Cases in Illinois

These example slip-and-fall claims demonstrate the range of potential settlement values.

• Barbara Mataczynski, 62, fell over an unpainted concrete wheel stop in a Melrose Park Aldi’s Supermarket parking lot. She suffered a distal fracture of her left humerus, which required surgery and nine months of physical therapy. This caused arthritis and also permanently limited her mobility. Mataczynski’s counsel called on architecture experts, who testified that the wheel stop should have been painted in bright colors to improve visibility and prevent such accidents. She settled with the defendants for $360,000.00 following mediation. 
• Elisabeth Lanzl, 86, stepped across an ADA ramp along Kenwood Avenue. This ramp had exposed wiring where the safety tile had deteriorated, which caused her to fall. As a result of the accident, Lanzl suffered fractures to her left elbow, a broken nose, and a broken tooth. She missed six weeks of work and required an open reduction and fixation surgery. Lanzl sued the City of Chicago, and her counsel testified that witnesses had previously seen city trucks place barricades around the area without fixing the issue. The city’s defense counsel stated that because she fell during daylight, she should have been able to see the issue, and others had passed by the area without falling. A jury awarded her $263,655.18. 
• Donna Bracken, 52, was a security guard at McCormick Place. While patrolling on the overnight shift, she noticed a door from the exhibition room to a loading dock had been left ajar and went to investigate. When Bracken entered the unlit loading dock, she slipped on a steel plate and fractured both elbows. A trial showed that this steel plate should have been secured and that its presence violated safety practices. Though the defense argued that the plate was an open and obvious condition that made Bracken primarily liable, the Cook County Circuit Court awarded her $231,170.00. 
• Attorney Lori Chacos, 57, was exiting a Walgreens on Belmont Avenue in Chicago around 10:15 pm. An employee of O’Wallace Landscaping was power-washing the exterior of Walgreens at the time. The employee stepped toward the building to allow Chacos to pass when she slipped on the hose, which she could not see in the dark. Chacos fell and suffered a fracture to the distal head of her ulna in her non-dominant arm. The injury required an open reduction and internal fixation surgery, as well as months of physical therapy. For the first month after the injury, she could not use her arm, and she was left with chronic pain. The defense claimed that Chacos should have kept a lookout and could have seen the hose, making her liable. However, the Circuit Court of Cook County awarded her $197,500.00. 

What Damages Are Awarded in Broken Elbow Settlements Following Slip and Fall Accidents?

Common types of damages in slip-and-fall claims include medical expenses, lost income, and pain and suffering. 

Medical Expenses

Damages for medical expenses often make up a large portion of a settlement. This can include:

• Surgeries and surgeon consults
• Diagnostic imaging
• Hospitalization 
• Physical therapy
• Mobility aids
• Pain medication

Lost Income

Recovering lost wages in a settlement involves calculating your average weekly wages as well as any bonuses or overtime you typically receive. 

Pain and Suffering

Damages for pain and suffering consider how your life has been impacted by the injury. This may use the multiplier method, where your economic damages are multiplied by the severity of the injury, or the per diem method, where every day of recovery is given a monetary amount. Our attorneys will determine which is most appropriate for your situation so that your settlement fairly represents your pain.

How to Recover Maximum Compensation for a Slip and Fall Accident Resulting in a Broken Elbow

To improve your chances of receiving compensation, follow these steps:

• Do Not Speak to Insurance Companies: Do not speak to adjusters or sign forms without your attorney.
• Follow Treatment Plans: Court cases like Baker v. Hudson demonstrate that you may have your verdict overturned if you do not continue treatment. 
• Make a Pain Diary: This demonstrates the severity of your daily limitations, which is valuable for calculating pain and suffering damages.
• Do Not Share Details of the Accident: Insurance companies may use your social media to prove you were not seriously injured, so don’t post about the accident online.
• Work with an Experienced Attorney: Personal injury lawyers can calculate damages, manage third-party communications, and negotiate for fair settlements.

How We Can Help You Recover Fair Compensation

Our Chicago slip-and-fall injury lawyers can recover a fair settlement through the following services:

• Evidence Collection: We will gather strong evidence like surveillance footage, medical records, incident reports, and witness statements. 
• Damage Calculation: Our team will accurately evaluate all damages, including categories like gas mileage or missed overtime, so that everything is incorporated into your demand letter.
• Settlement Assessment: With over 100 years of combined legal experience, we know what a broken elbow claim like yours is worth and will help you determine if you are receiving a fair offer. 
• Settlement Negotiations: Our experienced negotiators will push for the maximum possible compensation based on the facts of the case.  

FAQs

What are the most common types of elbow fractures in slip and fall accidents? 

The most common types of elbow fractures in slip and fall accidents are olecranon fractures, which involve the tip of the elbow, and radial head fractures, which involve the top of the forearm bone. 

How long does a broken elbow slip and fall case take to settle?

Settlement timelines for slip-and-fall cases vary based on liability, the number of parties, and whether you require surgery. It may take as little as 3 months to more than two years. 

How long do Illinois victims have to file a personal injury claim after breaking an elbow in a slip and fall accident?

The Illinois slip-and-fall statute of limitations is usually two years from the date of injury (735 ILCS 5/13-202). Contact an attorney as soon as possible to begin the process. 

How do broken elbow slip and fall settlements differ from those involving broken arms?

Broken elbow settlements are often higher than settlements in broken arm slip and fall cases. This is because a broken elbow requires more complex surgery and can significantly impact mobility, resulting in long-term disability and chronic pain. A broken elbow may also require more physical rehabilitation, which extends the recovery timeline. However, every case is different, and your case’s value depends on the specific factors of the case. 

Book a Free Consultation

Our Chicago slip-and-fall attorneys have a 10/10 rating on Justia and AVVO, reflecting our proven track record of success and compassionate legal approach. We have helped thousands of clients hold negligent parties accountable, earning us a spot in the Million Dollar Advocates Forum. 

We work on a contingency fee basis: no legal fees unless we win. To schedule your free consultation with our award-winning lawyers, call us at 312-800-1534 or contact us online. 

Resources: Law.com

Content reviewed by Chicago slip and fall accident lawyer Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC, who holds property owners and management companies accountable to obtain justice for injured visitors and tenants, and is a trial lawyer recognized by Super Lawyers, Lawyer Legion, and Distinguished Justice Advocates for premises liability litigation.