Slip and Fall Sprained Ankle Settlements and Verdicts in Illinois

What is the average settlement for a sprained ankle after a slip and fall accident in Illinois?

The average slip and fall sprained ankle settlement in Illinois is $73,496. What you receive depends on key factors like liability and injury severity. An experienced attorney can accurately calculate your damages and negotiate for a fair settlement from insurance companies, which may otherwise lowball a victim. Contact us today for a free consultation about how much your sprained ankle settlement is worth.

What Are the Key Factors Impacting Sprained Ankle Slip and Fall Settlement Amounts?

Key factors in slip and fall injury settlements include the following.

Liablity

Proving liability in a slip and fall case requires showing how someone else’s negligence caused your injuries. For example, the Chicago Municipal Code requires home and business owners to shovel and ice sidewalks (4-4-310 & 10-8-180). If you fell on an icy Lincoln Park sidewalk, this would make the business owner liable.

Illinois uses modified comparative negligence to determine liability in personal injury lawsuits. This means each party is assigned a percentage of blame. You can sue if you are less than 50% liable, but your compensation will be reduced (735 ILCS 5/2-1116). 

Severity of Injuries

There are three grades of ankle sprains depending on how badly the ligaments have been stretched or torn. A Grade 3 sprain means the ligaments have been completely torn, and walking would be impossible as the injury heals. The more severe the tear, the more compensation you may receive.

If you suffered other injuries, such as a sprained wrist from bracing your fall, this would also increase potential compensation. 

Treatment

The cost of your treatment largely determines the economic damages. In general, slip and fall injury settlements involving surgery will have higher settlement values because of the higher cost. However, slip and fall injury settlements without surgery may still warrant a large settlement, depending on other factors like time off work. 

Future Treatment Needs

Some individuals may need treatment, like physical therapy or revision surgeries. We can consult with your physicians and with medical experts to assess what you may need in the future, then add this to our settlement demand.

Time off Work

Your occupation and lost income will factor into your settlement. If you are not able to work at all until medically cleared, such as if you are a construction worker or fitness instructor, this will increase the settlement value.

Example Sprained Ankle Slip and Fall Cases in Illinois

These example slip and fall injury cases, with their settlement value, demonstrate the range of potential compensation.

• Theresa Taylor, a school bus driver, was at a gas station at the intersection of 43rd Street and the Dan Ryan Expressway in Chicago. While pumping diesel into the bus, she walked into a puddle of diesel from the leaking pump. Taylor then fell on her left side while climbing the stairs back into the bus. This fall resulted in a sprained ankle, torn knee, sprains in her cervical spine, and strains in her left shoulder. Though the gas station argued that she had not been aware of her surroundings, the Cook County Circuit Court awarded her $124,993.50. 
• Helena Janczura, 64, was in a Dunkin’ Donuts store in Franklin Park when she slipped on a soap-like substance on the floor. Janczura was escorted by her friend to a local urgent care, where she was diagnosed with a sprain in her left ankle and a dislocated finger. Janczura and her physicians stated that she suffered from a deep bone bruise and lingering soreness. Despite the defense arguing that she tripped because she was wearing high-heeled shoes, a Cook County Circuit Court jury awarded her $22,000.00.

What Damages Are Awarded in Sprained Ankle Settlements Following Slip and Fall Accidents?

Common damages awarded in slip and fall injury cases are separated into economic and non-economic damages. Economic damages include medical bills and lost wages, while non-economic damages consider the long-term physical and emotional impact of the injury.

Medical Expenses

Medical expenses often make up a large portion of a settlement. This can include:

• Hospitalization or urgent care visits
• Orthopedic surgeon consults
• Diagnostic imaging, like X-rays and MRIs
• Surgery, if necessary
• Physical therapy and rehabilitative services
• Mobility aids, like wheelchairs or crutches
• Prescriptions for pain medication or anti-inflammatories

Lost Income

We will calculate your lost wages to ensure you do not lose income while healing. This can be calculated based on your average weekly wages, plus any bonuses or overtime you typically receive. 

Pain and Suffering

Pain and suffering damages acknowledge how your life has been impacted by the injury, including both the discomfort and the inability to perform your favorite activities.

There are two main ways to calculate pain and suffering damages. The first is the multiplier method, which multiplies your economic damages by a factor between 1.5 and 5. The greater the suffering, the higher the integer. 

The other method is the per diem method, which assigns a dollar amount for each day that you will be suffering after the injury. For example, if the daily amount is $150 and physicians expect you will be injured for 90 days, the pain and suffering damages could be $13,500.

Our attorneys will determine which method most accurately reflects your injuries and will provide the most reasonable compensation. 

How to Recover Maximum Compensation for a Slip and Fall Accident Resulting in a Sprained Ankle

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

• Do Not Speak to Insurance Companies: Never sign anything or speak to adjusters without an attorney present.
• Follow Your Doctor’s Orders: There have been Illinois court cases where a plaintiff had their verdict partially overturned for failing to comply with a doctor’s orders, such as Baker v. Hudson. Continuing treatment proves that you were seriously impacted.
• Record Your Daily Pain and Limitations: Keeping a pain diary helps us accurately reflect your limitations during negotiations. Note things that are difficult due to your injury, like climbing stairs.
• Do Not Post on Social Media: Insurance companies can use anything publicly available to diminish your claim, such as your hobbies or daily outings. 
• Work with a Skilled Attorney: A specialized personal injury lawyer will manage third-party communications, gather strong evidence, and push for a swift resolution. 

How We Can Help You Recover a Fair Settlement Amount

Our Chicago slip and fall attorneys can assist you in recovering fair settlements through the following services:

• Meticulous Documentation: The more evidence that is available, the stronger your case. We will gather all available resources, such as surveillance footage, witness statements, and medical records, to substantiate your claim.
• Accurate Damage Valuation: Keeping track of all your expenses can be challenging, especially in categories like hospital parking or gas mileage for appointments. We’ll make sure that every cost associated with your injuries is included in our demand letter.
• Settlement Averages: The average person may not know what a sprained ankle is truly worth in a settlement. With our years of experience, we know what a case like yours typically settles for and can advise you on whether you’re receiving a fair offer.
• Negotiations: We are trained to negotiate with insurance companies. With this experience, we can frame the facts to fairly represent the full extent of your injuries. 

FAQs

How long does a sprained ankle slip and fall case take to settle?

How long a slip-and-fall case takes to settle depends on available evidence, the complexity of liability, and whether the case goes to trial. It may take anywhere between 3-6 months to over a year. We can provide you with a more precise timeline during a case review. 

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

The statute of limitations for slip and fall injuries in Illinois is typically two years after the date of injury (735 ILCS 5/13-202). It’s crucial to contact an attorney as soon as possible so that we can meet this deadline. 

How do broken ankle slip and fall settlements differ from those involving sprained ankles?

A slip and fall broken ankle settlement often has higher damages, since victims require surgery and may need physical therapy to regain function. Because of the longer recovery time, negotiations may take longer, as insurance companies will wait to see how treatment progresses before offering a settlement. 

Book a Free Consultation

Our Chicago slip-and-fall injury attorneys have helped thousands of clients secure the funds they need to recuperate. With over 100 years of combined legal experience, our firm has a 10/10 rating on Justia and an A+ rating with the BBB. 

We work on a contingency fee basis, which means you pay no legal fees unless we earn compensation for you. 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.