How Slip and Fall Claims Are Decided in Illinois
In Illinois, those injured in a slip and fall accident generally have up to 2 years to file a personal injury claim. Statute of limitations can be complex, since each case is unique, so you should always act fast and consult with a personal injury attorney if you have questions concerning legal deadlines.
The state of Illinois operates under “comparative negligence” rules when adjudicating slip and fall incidents or any type of premises liability accident. In other words, the court will try and determine if you were at all responsible for causing the accident, and, if so, to what degree you contributed. In a formal trial, the jury will be asked to determine a percentage of responsibility.
For this reason, you should expect the defendant property owner to claim that you were in some way responsible for your injuries. While property owners have a duty to maintain safe premises, an injured party can be held responsible if they were inobservant, expressed poor judgment, or were otherwise not acting reasonably.
An injured party can be held partially responsible for a slip and fall incident if:
- They were negligently doing something else in the moments leading up to the accident
- They failed to observe that a hazardous area was clearly marked with signage, tape, or caution cones
- They were in an area of the store they were not supposed to be
The percentage of comparative fault you are ultimately assigned will determine the extent of the damages you can recover. If you are found to be 10% at fault and the verdict is for $100,000 in total compensation, your monetary award will be reduced by 10%, meaning you can collect up to $90,000.
A successful slip and fall claim can allow you to collect compensation for medical bills, property damage, lost wages or income, physical and emotional suffering, and more. Our Law Firm can aggressively advocate for your interests both in and out of the courtroom and will do everything possible to help you obtain the support you need for your recovery.