Slip and fall accidents, in the best-case scenario, can be an inconvenience or a cause for embarrassment. In a worst-case scenario, a slip and fall accident can result in a person suffering from serious injuries, and even in a wrongful death. An accident can bring about unforeseen circumstances to the injured party. If the accident resulted in a serious injury, you may be subject to medical bills, pain and suffering, lost wages, and permanent scarring or disability. In the case of wrongful death, aside from the grief and sorrow they are experiencing, the family or next of kin may be facing the loss of a breadwinner.
While monetary compensation cannot bring back a lost loved one or lost opportunities because of an injury, it may help in alleviating some of the financial difficulties and facilitate the injured party and their loved ones moving forward with their lives. At the Law Office of M. Andrew Hamilton, P.C., top-rated Chicago slip and fall lawyer Andrew Hamilton leverages his legal knowledge and experience to help injured individuals and their families get the compensation they deserve. If you or a loved one have been injured in an accident caused by the negligence of another party, we may be able to help. Call us today at (312) 999-7890 for a free consultation and to learn more about how we can assist you.
How Premises Liability is Established and How It Affects Slip and Fall Cases
Slip and fall accidents often involve negligence, often on the part of the property owner or property manager who has neglected to perform their duty, or part of it, to keep the premises safe for visitors.
Premises liability holds property owners and managers accountable for injuries suffered by visitors on their property as a result of not exercising ordinary care to maintain its safety. Property owners and managers have a responsibility to minimize the risk of accidents and ensure that unsafe conditions are attended to and fixed to a reasonable degree of care. Premises liability can be established by proving the following elements:
- There was a condition on the land or property that presented an unreasonable risk of harm to the injured victim on the property.
- The landowner or property, using ordinary care, knew or should have known of the condition and the risk.
- The land owner or occupier could reasonably expect the injured victim on the land or property wouldn’t realize or discover the danger; or would fail to protect himself or herself against the danger.
- The landowner or property manager was negligent by one or more acts or omissions
- The victim was injured. The injured victim seeks money damages from the land owner or property manager.
- The landowner’s or occupier’s negligence was a proximate cause of the victim’s injury.
In Illinois, liability in personal injury cases, such as slip and falls, is calculated using a modified comparative fault model. Through this model, injured parties are allowed to make a claim for compensation as long as they can show that the defendant (wrongdoer or tortfeasor) was 50% or more at fault for causing the accident. Recovery may not be possible if the plaintiff (the injured party) is established as more responsible than the defendant for the accident.
The comparative model allows the injured party to collect damages; however, the compensation they can receive will be reduced by the amount of liability or the percentage of fault they share in the accident. For example, if the injured party is awarded from a jury $100,000, but the jury determined that the plaintiff or injured party was 25% responsible for his or her accident, then the plaintiff will only be able to recover $75,000, instead of $100,000.
What Is the Average Payout for a Slip and Fall Case?
Assuming you prove liability and damages, slip and fall settlements or verdicts in Illinois can range anywhere from $1,000 to millions in compensation. Compensation amounts can vary and depend heavily on the individual circumstances of each case. There is a common misconception that slip and fall accidents fall under the category of cases that are easier to settle. However, there are a lot of aggravating and mitigating factors that must be considered in the calculation of damages the negligent party is required to pay.
The severity of the plaintiff’s injury can be a great factor in determining compensation, but this does not mean that individuals who suffered from minimal injuries should be disregarded. Injuries, regardless of the severity, can adversely affect a person’s quality of life and hinder them from going back to work or otherwise enjoying activities they used to enjoy before their accident.
Common types of injuries in a slip and fall case include the following:
- Head and traumatic brain injuries
- Spinal and spinal cord injuries
- Broken bones and fractures
- Neck and back injuries
- Soft tissue injuries and contusions
- Cuts and abrasions
- Wrongful death
The severity of injuries can greatly increase the amount of compensation the plaintiff may receive particularly due to the fact that serious injuries increase the risk of permanent disability as well as the need for ongoing care.
Evidence can also factor in the calculation of damages. Evidence can help in substantiating the percentage of negligence the defendant has and the amount of pain and suffering the injured party has experienced. Evidence can include photo or video evidence of the accident, witness testimonies, expert witnesses, and even the injured party’s own medical bills and doctor’s diagnosis. For slip and fall accidents, it is important to act and preserve evidence as soon as possible due to the fact that evidence can be cleaned up and witness recollection of the event can fade.
It may also be helpful to keep a running account of your recovery and how the accident has affected the quality of your life. If your injuries are severe and you are not able to collect evidence yourself, you should ask a trusted individual like a family member or a loved one to collect evidence for you. An attorney may also be able to investigate on your behalf and collect evidence regarding the accident.
When calculating the amount of damages, each party can negotiate the settlement depending on what they think is the appropriate amount of compensation. When the parties cannot arrive at a fair settlement, the case can enter litigation. Getting the help of an experienced attorney who can help you navigate the legal processes involved can help you focus on your recovery.
Top-rated Chicago slip and fall attorney Andrew Hamilton has helped Chicago residents recover compensation for injuries they’ve sustained in a slip and fall accident due to negligence by other parties. We may be able to assist you in getting the compensation you deserve, whether on the negotiating table or in court. Contact the Law Office of M. Andrew Hamilton, P.C. today at (312) 999-7890 to schedule a free initial consultation about your case.
Types of Compensatory Damages in a Slip and Fall Case
In slip and fall cases, there can be two kinds of compensatory damages that may be considered in the calculation: economic and non-economic damages.
Economic Damages
Economic damages refer to damages that are easily quantifiable and tangible. The value of economic damages is consistent regardless of the party evaluating them. The following fall under economic damages:
- Medical expenses – Medical expenses for services that have been rendered to help the injured party reach the threshold of maximum medical improvement.
- Out-of-pocket expenses – Expenses such as transportation to and from doctor visits and medication. Commonly, these are expenses incurred only because of the injury.
- Lost wages and future earnings – Wages that the injured party has not been able to collect due to missing work as a result of their injuries. In instances where the injury caused a disability, future wages can also be included in the calculation.
Non-Economic Damages
Often referred to as pain and suffering damages, non-economic damages are not as easy to calculate compared to economic damages and can therefore be more subjective. Non-economic damages can include the following:
- Physical pain and suffering damages – compensation for physical discomfort experienced and duration of time experienced by the injured party.
- Emotional and psychological damages – compensation for anguish and emotional distress.
- Loss of a Normal Life – This may include damages for the loss of enjoyment of life due to the injury or pleasurable things in life not able to experience.
- Loss of consortium – In cases of wrongful death due to a slip and fall, compensation for the deprivation of the fellowship between spouses and the benefits of a family relationship.
Additionally, Punitive damages, usually imposed when the court finds that the defendant exhibited reckless, willful and wanton, or intentional conduct that contributed to the accident.
The State of Illinois does not impose a cap on the damages a person can receive in a personal injury case such as a slip and fall. However, the court may reduce the award, if it shocks the judicial conscience, and would only consider a reasonable award in compensation for the damages incurred. Cases are also subject to scrutiny to ensure adherence to the law.
It is important to seek the assistance of a seasoned lawyer who can help you understand your rights and advocate for your best interests. At the Law Office of M. Andrew Hamilton, P.C., our team of skilled legal professionals carefully investigate the circumstances of each case. We take into account the possible long-term consequences of slip and fall injuries and consult industry professionals to determine the maximum compensation possible.
Accidents caused by another person’s negligence can be a significant inconvenience even more so if the accident causes injuries. If you or your loved one has been injured in such an accident, we may be able to help. We can assist in holding the negligent party accountable and provide you with compassionate and tailored legal assistance. Our practice is dedicated to assisting our clients in recovering the compensation they deserve for their injuries and the pain and suffering they have been through regardless of the size of the case. Contact us today at (312) 999-7890 to schedule a complimentary consultation.
