In Illinois, slip and fall cases fall under the umbrella of personal injury claims under tort law. If you have sustained injuries due to a slip and fall caused by the negligence of someone else, then you have a legal right to initiate a lawsuit to collect compensation for your pain and suffering and recover certain expenses that you incurred, including your medical costs. You may file a case against the negligent party by hiring an experienced slip and fall lawyer, however, first, you need to obtain a basic understanding of Illinois premises liability.
What is a Slip and Fall Claim?
When a person slips or trips on another individual’s or entity’s premises and suffers injuries as a result, the personal injury case that is pursued by them is referred as a slip and fall claim. In such instances, the victim may seek to file a case against the person who is responsible for the maintenance of the property i.e. keeping it safe from dangers and hazards that can lead to an adverse incident.
How to Establish Liability under Illinois Law?
Liability in slip and fall cases is based upon proving negligence. There are different negligence laws that vary from one state to another. In Illinois, in order to establish negligence, the plaintiff must demonstrate that the property owner owed a duty of care and failed to fulfill this duty. You must also prove a direct connection between the breach of duty and your injury. Finally, you must have sustained injuries in order to seek compensation.
Statute of Limitation
In Illinois, the statute of limitation for filing a slip and fall lawsuit under premises liability is two years. It is extremely important that you hire services of a competent slip and fall lawyer to understand what type of negligence law is applicable to your circumstance and the amount of compensation that you may be entitled to obtain.
Types of Negligence
In Illinois, there is not just a single type of negligence, but various types of negligence that may be applicable to your slip and fall case and it is critical to understand each one of them because they will decide the outcome of your case.
For instance, if it is concluded that you are more than 50 percent at fault for your injuries, contributory negligence will apply to your case. Under this law, you will be unable to collect compensation from another party. If you are found to be at partial fault, but less than 50 percent at fault for your injuries, you will be able to receive compensation but the amount will be reduced in proportion to the level of carelessness.
Finally, you can also seek justice under joint and several liability laws in Illinois. Using these laws, you will be able to pursue a claim against every party that proved to be a contributing factor to your injury for the complete amount of your damages despite the level of percentage of fault that each of these parties shared.
Procuring services of a skillful slip and fall lawyer can be highly beneficial for your case. Your attorney will initially try to reach a settlement with the property owner’s insurance company. If unsuccessful, they will devise a solid case against the negligent party and ensure that your legal rights remain protected throughout the litigation process.
If you wish to find out more about slip and fall accidents or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced slip and fall lawyer.