How Much Are Slip and Fall Settlements Without Surgery in Illinois?

The average payout for slip and fall settlements without surgery is approximately $368,814. Payouts range from $8,000 to $2,000,000, and working with an experienced personal injury attorney can significantly improve your chances of fair compensation.

Slip & Fall Injury Lawyers have secured significant settlement amounts for our clients, including those who suffered injuries but did not require surgery. If you were injured on someone’s property in Chicago or Illinois overall, contact our skilled personal injury lawyers for a free consultation. 

Settlements Recovered by Our Chicago Law Firm for Slip and Fall Victims

$1,500,000: Lupe was in his 70s when he fell down a flight of stairs in a Pilsen neighborhood apartment building. We proved that the property owner failed to update the railings and stair tread, violating building codes. 

$835,100: Brenda fell down a stairwell in a Lakeview, Chicago, apartment building, resulting in soft tissue injuries. We recovered compensation for her medical bills and physical therapy. 

What Injuries Sustained in Slips and Falls Typically Don’t Require Surgery?

While any slip and fall accident can result in severe injuries, not all of these may require surgery. Common injuries we see in slip and fall settlements without surgery include:

• Soft tissue injuries like sprains, strains, and bruising
• Head injuries and mild traumatic brain injuries
• Whiplash and cervical injuries
• Minor fractures like toes, fingers, and ribs that can heal with immobilization
• Knee and shoulder injuries that improve with rehabilitation
• Lumbar and thoracic sprains without disc herniation
• Emotional distress and discomfort

Though the injured person may not require surgery, these injuries can still be expensive, painful, and disruptive to everyday life. 

What Are the Key Factors Affecting Slip and Fall Settlements Without Surgery?

Certain factors will influence the amount you can receive in slip and fall settlements that do not require surgical intervention. These include:

• Severity of injuries
• Impact on the injured person’s everyday life
• Lost wages and time off work
• Evidence of liability
• Strength of evidence, such as witness statements, surveillance footage
• Preexisting conditions or old injuries
• Insurance company’s willingness to negotiate
• Whether you hire an experienced personal injury attorney

You can use our personal injury settlement calculator to better understand how much compensation you may receive. However, only a skilled attorney can accurately assess your damages. Secure legal representation as soon as possible. 

What Typically Causes Slip and Fall Accidents Leading to Injuries?

Common causes of slip and fall accidents that do not require surgical procedures include:

• Wet floors in Gold Coast grocery stores
• Icy sidewalks along the Magnificent Mile
• Insufficient lighting in Bridgeport apartment buildings
• Spilled food in River North restaurants
• Crowded stairwells at CTA stations
• Loose or broken stair railings in Loop office buildings

How a Chicago Slip and Fall Attorney Can Help

Our personal injury lawyers are highly skilled at securing fair settlement amounts for serious injuries that do not require surgery. Our services include:

• Establishing liability for all at-fault parties, such as property owners and maintenance companies.
• Proving negligence through evidence like surveillance footage, maintenance records, medical records, and expert testimony.
• Calculating the value of your personal injury claim, including medical costs, lost wages, and non-economic damages. 
• Filing complaints with the relevant court, such as the Circuit Court of Cook County.
• Negotiating with insurance companies for a higher settlement.
• If necessary, representing slip and fall victims in court.

Example Cases

Parking Lot Fall Accident Leads to Fractured Ankle

Lilija Komskiene, a home health aide, fell in the parking lot of her apartment complex. The parking lot had been plowed, but the sidewalk had not been cleared. She fractured her ankle and also suffered from dizziness after the fall. The responsible party settled with her for $65,000.00. 

Man Suffers Frostbite After Being Trapped on Ice for 30 Minutes

Gerald Scalzo, a 72-year-old retired man, fell on an icy walkway in his Bridgeview apartment complex around midnight. He called for help for approximately 30 minutes but was unable to get up due to the extensive ice cover. Scalzo suffered frostbite in his hands and required occupational therapy. He settled with the insurance company for $24,155.25.

How to Strengthen Your Slip and Fall Case Without Surgery

If you’re injured on someone else’s property, your actions directly after the accident can make a significant difference in whether you receive a fair settlement. Follow these steps as soon as possible.

• Seek prompt medical attention from the closest ER, such as UChicago Medicine.
• Report the accident to the property owner and request a copy of the incident report.
• Document the accident scene with photos and videos, particularly any building defects.
• Gather contact information for witnesses.
• Keep track of your medical expenses and document your recovery.
• Do not speak to insurance companies or other third parties without an attorney present.
• Keep the shoes and clothing you were wearing at the time to prove these were not factors in your accident. 
• Contact a skilled premises liability attorney for a consultation. 

Why Choose Us for Your Slip and Fall Accident Case

Our attorneys have secured over $490 million in settlements and verdicts for over 5,000 clients over the past 25 years. We are a Super Lawyers-rated firm with a perfect AVVO rating and an A+ rating with the Better Business Bureau. Insurance agencies nationwide fear our skilled attorneys due to our 98% success rate. Best of all, you owe us nothing unless we win you a settlement, as we work on a contingency fee basis. 

What Damages Are Awarded in Slip and Fall Settlements?

You may receive a variety of damages in slip and fall settlements without surgery, which include:

• Medical bills
• Lost wages
• Loss of future income
• Property damage
• Out-of-pocket medical bills, like physical therapy or mobility aids
• Physical pain and suffering
• Emotional distress
• Loss of enjoyment of life

FAQs

Are slip and fall settlements without surgery taxable?

Economic damages for physical injuries are typically tax-exempt because they compensate for actual expenses (IRC Section 104(a)(2)). Punitive damages and those purely for emotional losses are generally taxable. 

What is a fair slip and fall settlement amount?

Fair compensation depends on the extent of your injuries and the clarity of evidence. Injured parties with minor injuries will receive less than those with significant injuries. 

While slip and fall settlements without surgery are often lower than those that require surgical procedures, we will seek compensation for all expenses to ensure that all your non-surgical medical treatments are covered. 

What do you need to prove a property owner’s negligence in a slip and fall lawsuit?

Proving negligence requires demonstrating a duty of care, breach of that duty, causation, and resulting damages. These are as follows:

• Duty of Care: The property owner was required to keep you safe, such as by salting sidewalks or installing adequate lighting in stairwells.
• Breach of Duty: The owner failed to uphold this duty. For example, they may not have cleared the sidewalks of snow, which is required in municipalities like Chicago (4-4-310 & 10-8-180). 
• Causation: This breach of duty was the primary cause of your accident.
• Damages: You suffered financial or emotional losses as a result of the injuries. 

Do I need to gather evidence to help determine liability?

Yes, to obtain a fair settlement amount, you must gather evidence proving negligence. This is because premises liability does not always hold the property owner liable for accidents. For example, in the case Reed v. Galaxy Holdings, the Appellate Court determined that a laundromat could not be held liable for an accident caused by tracked-in rain. 

Strong evidence can include:

• Photos and videos of the accident scene
• Witness statements
• Maintenance records
• Surveillance footage
• Incident reports
• Medical records from before and after the accident
• Pay stubs and tax records to prove damages
• Personal narratives of the accident
• Expert testimony

Our top-rated legal team will help you gather this evidence and consult with professionals who can provide greater context. 

Will my settlement cover all accident-related expenses?

Yes, a good settlement will cover all your expenses and compensate you for the distress the accident has caused. Working with a skilled attorney gives you the best chance at fair compensation. 

How does the defendant’s insurance coverage affect compensation in a slip and fall claim?

The defendant’s insurance coverage determines how much you can receive for a claim. For example, commercial liability insurance typically has higher limits than a homeowner’s insurance policy. If you are suing someone who did not have insurance, you may get less than if they had insurance. 

However, insurance can also make it more challenging to recover compensation, as they will have their own attorneys and investigative teams who will attempt to refute your claim. Working with the best possible legal team can ensure you receive what you deserve. 

How long does it usually take to reach a settlement in a slip and fall case?

While the timeline varies widely, the average case takes around 6-12 months to settle. This timeline depends on a few factors, including the strength of the evidence and whether multiple parties are being held liable. 

If you had a significant injury, the insurance agency may want to wait until you reach maximum medical improvement before beginning negotiations, which also adds to the timeline. However, we will push for a swift and fair resolution to your case based on all applicable laws and regulations. 

Should you take the first settlement offer from the insurance company?

No, you should not take the first settlement amount offered by the insurance company, as it is usually too low. We can negotiate for the maximum settlement value possible, taking into account both your economic and non-economic damages. 

Do most slip and fall cases end in a settlement or go to trial?

The average slip and fall case typically settles out of court, as lawsuits are often costly and time-consuming. However, we prepare every case as if we will go to court, which ensures we have a strong claim. 

How much does a slip and fall attorney cost in Chicago?

Our attorneys work on a contingency fee basis, so our legal fees are deducted from your settlement amount. You don’t owe us anything unless we earn you compensation. 

How long do I have to pursue legal action in Illinois?

In Illinois, you typically have two years to file a lawsuit (735 ILCS 5/13-202). There are sometimes extenuating circumstances, such as those that involve a minor plaintiff, which can pause or extend this statute of limitations. However, you should contact an attorney as soon as possible so that we can meet any applicable deadlines. 

Consult a Chicago Slip and Fall Lawyer

It can be challenging to secure fair compensation for a slip and fall accident that did not require surgery, but our attorneys are ready to fight on your behalf. Our compassionate attorneys can accurately evaluate your damages and aggressively negotiate for the best possible settlement – plus, there are no upfront costs or out-of-pocket fees. Contact us today for a free legal consultation about your slip and fall case.