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What Does a Slip and Fall Lawyer Do?
If you suffered a slip and fall incident in Chicago, such as falling down a flight of stairs in a Wicker Park grocery store, you need high-quality legal representation. However, you may wonder, “What does a slip and fall lawyer do?” Our team assists you with every aspect of a personal injury lawsuit so that you can secure fair compensation from the liable party. Contact us today for a free consultation.
Understanding Slip and Fall Cases
Slip and fall accidents typically involve short falls, such as on a broken staircase,icy sidewalk, or wet floor. However, they can result in serious injuries like broken bones, concussions, and spinal cord damage.
A slip and fall accident lawyer will help you negotiate with the relevant insurance company for a fair settlement by identifying the cause of the accident, determining liability, evaluating your damages, and negotiating a settlement.
Investigating the Cause of the Slip and Fall Accident
Investigating how the accident happened is one of the first things a slip and fall lawyer does. We will collect evidence like surveillance footage of the accident, maintenance records, weather conditions, and witness statements. It’s essential to gather this as soon as possible after the slip and fall accident, as key evidence may disappear.
Establishing the Property Owners’ Liability
The Illinois premises liability law allows slip and fall accident victims to hold property owners or managers accountable for injuries (740 ILCS 130/2). This requires demonstrating that the property manager or owner did not take reasonable care to prevent harm.
For example, failing to clean up spills in a Little Italy restaurant would be considered a lack of reasonable care. We will demonstrate that failure using the evidence we collect.
Proving Damages
Using settlement calculators, our slip and fall lawyers will evaluate both economic and non-economic damages. Valuing these damages accurately takes experience, because much of what you can claim is not obvious from your medical bills alone.
Damages you may claim include:
- Medical bills
- Lost wages
- Out-of-pocket medical expenses
- Future medical care
- Loss of future income
- Property damage
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
Communicating with Insurance Companies
Insurance companies will do everything possible to prevent you from securing fair compensation, such as quickly providing a lowball offer or delaying their investigation. Our slip and fall lawyers will handle all communications on your behalf and aggressively negotiate for maximum compensation.
Filing a Lawsuit
We will file a slip and fall lawsuit with the Circuit Court of Cook County if negotiation fails. This involves filing a complaint with the court, then sharing information with the other parties, a process called discovery.
Our attorneys will also take depositions from witnesses, which are recorded statements that can provide further context. Lastly, we’ll prepare everything for trial, including developing strong legal arguments.
For example, we can use case law like Murphy-Hylton v. Lieberman Management Services to show that owners can be held liable for accidents on their property if maintenance defects led to an unnatural accumulation of ice that is not protected by the Illinois Snow and Ice Removal Act (745 ILCS 75/2).
Slip and fall lawyers can also rely on local statutes and ordinances that are specific to the given city. In Chicago, owners are required to clear sidewalks (4-4-310 &10-8-180), but this is not true in other Cook County cities. Recognizing these nuances can ensure that you have solid legal precedent and are more likely to win.
Negotiating a Settlement
Many settlements are negotiated out of court, and working with slip and fall lawyers gives you the best chance at maximum compensation. We’ll use case value assessments and our familiarity with insurance policies to push for a higher settlement.
Court Representation
If negotiations fail, we will proceed with a lawsuit. Our trial-tested attorneys will present your case before a judge and jury, but this is not about simply stating the facts: we present the evidence so a jury can understand exactly how and why the fall happened.
Having represented thousands of Chicago slip and fall clients, our attorneys are highly familiar with what tactics work best in court. Consulting with expert witnesses, developing visual exhibits of the incident, and walking jurors through an accident reconstruction all offer greater context and strengthen our legal arguments.
An attorney files a personal injury lawsuit for you.
Helping You Meet Deadlines and Legal Requirements
In Illinois, there is a two-year statute of limitations for personal injury cases (735 ILCS 5/13-202). If you miss this, you will not be able to secure any compensation, even if you have a valid claim.
However, the statute of limitations is not the only deadline you must consider. There are also deadlines for notifying other parties, producing documents, and responding to pre-trial motions. Managing this on your own, especially while recovering from fall injuries, can be challenging.
We track every deadline in your case, from the statute of limitations to discovery and pre-trial filings. We will identify pertinent deadlines, communicate with third parties, and file the proper paperwork on time so that procedural issues will not prevent you from earning compensation.
Book a Free Consultation!
With over $490 million recovered in settlements and verdicts for injury victims and a 10/10 Avvo rating,our Chicago attorneys are ready to fight for your fair compensation. Our slip and fall lawyers work on a contingency fee basis, meaning you owe us nothing unless we earn you compensation. Contact us today for a complimentary consultation about a personal injury lawsuit.
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.
Frequently Asked Questions
How much does a slip and fall lawyer cost in Chicago?
Most slip and fall lawyers, including our team, work on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we win compensation for you. There is no cost to find out whether you have a case.
Do I need a lawyer for a small slip and fall claim?
Even a seemingly minor claim can involve a fight with an insurance adjuster over liability or damages. If you’re unsure whether you need a lawyer at all, a free consultation can help you decide before you commit to anything.
Does contacting a lawyer commit me to filing a lawsuit?
No. Reaching out for a free consultation does not obligate you to sue. Most slip and fall claims settle through negotiation with the insurance company, and litigation is only pursued if a fair settlement can’t be reached.
How long does a slip and fall case take in Chicago?
Timelines vary based on the severity of your injuries and how quickly liability can be established. Straightforward claims may resolve in a few months, while cases that go to litigation can take a year or longer.
What happens during a free consultation?
We review the facts of your fall, discuss potential liability, and explain your options going forward. There’s no obligation, and it’s the fastest way to find out what your case may be worth.
Legally Reviewed By
Attorney Jonathan Rosenfeld
The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC, a Chicago-based personal injury law firm. With decades of experience representing individuals injured in slip and fall accidents and other premises liability cases throughout Chicago, Mr. Rosenfeld is dedicated to protecting the rights of injury victims and helping them pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.