Slip and Fall

Buffalo Grove Slip and Fall Lawyer

The owners and proprietors of premises have a legal responsibility to ensure they are safe for employees and visitors. When they fail to keep the floors and walkways of their premises clean, well-lit, and free of substances or debris, accidents happen. Fortunately, slip and fall accident injury victims have recourse.

Attorney Jack Shapiro is a Buffalo Grove slip and fall lawyer who represents accident victims on a contingency basis. That means that clients don’t have to pay out of pocket for his professional legal advice. When the case settles or is successfully litigated, attorney Shapiro collects his fees when you receive your compensation.

Person Walking Out Of The Building Right Besides Wet Floor Sign

Proving Negligence in a Slip and Fall Case

When you meet with Mr. Shapiro, he will evaluate the strength of your claim against four criteria:

1.  Duty of Care

In order to pursue damages, a personal injury attorney must demonstrate that the defendant had a duty of care to the accident victim. With regard to a premises liability case, the plaintiff’s attorney must show that the owner or custodian of the property had a duty of care to the injured party. For example, a restauranteur should ensure their establishment is safe for staff and patrons. 

2. Breach of Duty

Once the slip and fall accident lawyer establishes that there was a duty of care, they must then demonstrate how that duty was breached. To continue with the restaurant example, the manager is responsible for warning guests about freshly mopped floors around the restrooms. Usually, this is accomplished with a folding sign or some similar type of warning. On the other hand, if the responsible party doesn’t post some sort of warning for guests, it’s a breach of duty. 

3. Causation 

Causation means that the breach of duty was responsible or partially responsible for the accident. In other words, the personal injury lawyer must answer the question, “In the absence of the breach of duty, would the outcome have been the same?” If the answer is “no,” then there was a breach of duty. Using the above example, a patron is much more likely to be careful if they see a sign warning them of wet floors. The lack of care on the management’s part caused the accident. 

4. Damages 

Accident victims with injuries have damages. The very fact that they’ve suffered some sort of harm means that damages exist. A personal injury lawyer must calculate the scope of the damages in order to make a claim. 

During your initial free consultation, if attorney Shapiro determines that all four elements exist, he can provide immediate representation. Call today to find out if you have a viable slip and fall accident case.

Caution Wet Floor Sign

Damages in Slip and Fall Cases 

Like all personal injury cases in Illinois, slip-and-fall accident damages fall into these three categories:

Economic Damages 

These are the financial costs of an accident. They include items like hospital bills, follow-ups with specialists, physical therapy, occupational therapy, mental health counseling, lost wages, property damages, etc. In the event of a wrongful death, economic damages can also include funeral expenses and future lost earnings. 

Non-Economic Damages  

These include the intangible costs of an accident. For example, many people break bones during fall accidents. This can be a physically painful injury that can take months to heal properly. Non-economic damages in personal injury cases are often referred to as pain and suffering because they attempt to compensate victims for the physical and emotional consequences of slip and fall accidents. 

Punitive Damages 

Punitive damages are less common in slip and fall accidents. The court awards these damages in cases where the defendant’s liability is wantonly reckless or intentional. 

Unlike many states, Illinois does not cap damages in slip-and-fall accidents. Your attorney will base economic damages on your bills and anticipated expenses. They will typically use a formula and past precedent to determine non-economic damages. 

Slip and Fall Accident Statistics

According to the U.S. Centers for Disease Control and Prevention, fall accidents are one of the most common causes of accident injuries, ER visits, hospitalizations, and accidental deaths among older Americans. 

  • Fall accidents account for 3 million emergency department visits for older adults every year. 
  • There are 800,000 hospitalizations due to fall accidents every year. 
  • Most of these more serious fall injuries involve hip fractures or head injuries.
  • Fall accidents are the number one cause of traumatic brain injuries (TBIs)

What to Do After a Slip and Fall Accident 

It’s important to recognize that every accident is different. Consequently, nothing on this site should be taken as professional legal advice about your case, but rather as a guide. There are similarities to the types of slip and fall cases that the Buffalo Grove, IL Law Office of Jack M. Shapiro, P.C. sees. Here are some tips that can help you make a full physical and financial recovery. 

  • Call 911 – EMTs can respond to your location and offer you immediate medical treatment. This will help reduce the risk of further harm by trying to move while injured. 
  • Report the Incident to Management – Insurance companies require management to create an incident report. Also, ask management to preserve any CCTV recordings that may have captured the incident. 
  • Talk to Witnesses – Fellow patrons of an establishment will be difficult to run down at a later time, so ask for their contact information. 
  • Take Pictures of the Scene – A responsible manager will immediately try to correct the dangerous situation as soon as possible. Take pictures to document the scene in the condition it was in when the accident occurred. 
  • Seek Medical Attention – You should go to the emergency room or follow up with your physician as soon as possible after the accident. 
  • Contact a Mount Prospect Personal Injury Lawyer – Time is of the essence with slip and fall accidents. Valuable evidence may be lost with time. In Buffalo Grove, IL, and the surrounding areas, contact the Law Office of Jack M. Shapiro, P.C., for a free consultation.
Judges Hammer On A Book

Slip and Fall Legal Issues 

The following are legal issues that can affect your slip and fall accident case. For a more in-depth discussion of these legal concepts, contact Buffalo Grove personal injury attorney Jack Shapiro. 

Statute of Limitations

The statute of limitations determines the length of time you have to pursue an accident claim through the civil court system. Once the statute of limitations expires, you will miss your opportunity to file a claim. In Illinois, the statute of limitations on injury cases is two years from the date of the accident.

Comparative Negligence 

Under Illinois modified comparative negligence law, as long as the defendant was more liable than you, you can collect damages even if you were partially responsible. For example, if you were running down an aisle in a store and slipped in a puddle of cooking oil, the court may determine that you were 25% responsible for your injuries. In this case, you could collect up to 75% of your damages —  the portion for which you were not responsible. 

Damage Caps in Illinois Personal Injury Cases

Unlike many other states, there are no damage caps on injury cases. Your settlement or award is based on your financial costs, the degree of your injuries, and the proportion of negligence attributed to the defendant. 

Slip and Fall Frequently Asked Questions

The following are some of the questions that Buffalo Grove attorney Shapiro hears from clients. In order to discuss your claim, contact him for a free, no-obligation consultation. 

Can I make a claim if I slipped and fell in someone’s home?

If you were injured in a private residence, you could still make a claim against the party’s homeowner’s insurance. In most cases, unless the defendant displayed egregious negligence, the homeowner’s policy will be responsible for your damages. 

What if my loved one died as a result of a slip, trip, and fall accident?

You may be able to collect damages if you are the spouse, child, or adult parent of the deceased party. Otherwise, the estate of the decedent may be able to pursue damages. 

Why do I need a personal injury lawyer to handle my claim?

You can legally file a claim with the responsible party and collect damages. In fact, an insurance adjuster may approach you offering to settle your claim on the spot. They’ll offer to cut you a check for your injuries and a little extra for your inconvenience, but the truth is that it may not even come close to a fair settlement offer. Before you accept an initial settlement offer from an insurance adjuster, contact the Law Office of Jack M. Shapiro, P.C.

Attorney Shapiro can review your claim and determine whether it is fair. If not, he can immediately begin representing you in your pursuit of justice.

Slip and Fall Accident Lawyer for Buffalo Grove

As a Buffalo Grove slip and fall lawyer, attorney Jack Shapiro represents clients on a contingency basis. You will not have to pay for his legal services until the end of your case, and only if you receive compensation. Call Buffalo Grove Personal Injury Lawyer Jack Shapiro for a free case evaluation.

Contact Us Now