What Is Needed for a Successful Slip and Fall Injury Claim?

 Posted on September 30,2020 in Personal Injury

A slip and fall accident or trip and fall accident can cause painful injuries that require considerable medical treatment. Head injuries including traumatic brain injuries, back and spine injuries, broken bones, and other injuries caused in a fall may result in thousands of dollars of medical expenses and lost income. If you or a loved one were hurt in a fall accident caused by the negligent actions of a property owner or occupier, you may be interested in pursuing compensation through a premises liability claim. To successfully obtain compensation, you and your attorney will need to prove several facts.  

Establishing The Defendant’s Negligence

The party who brings an injury claim is the plaintiff or claimant, and the party who the claim is brought against is the defendant. The defendant in a slip and fall case may be the property owner or the party who managed or occupied the property on which the injury occurred. Most slip and fall injury claims are based on the assertion that the defendant did not keep the property reasonably safe for individuals who were lawfully on the property. Spilled liquids, fractured concrete, broken stairs, and faulty handrails are all examples of hazards that may lead to a slip and fall accident.

The presence of a potential injury-causing hazard on the property is typically not enough to prove that the defendant was negligent. You will also need to show that the defendant knew or should have known about the unsafe condition. The question of foreseeability often plays a major role in premises liability claims.

Proving the Extent Of Your Damages

The next element of a successful injury claim is causation. You and your attorney will need to show evidence demonstrating that your injuries were caused by the unsafe condition on the defendant’s property. Often, this is accomplished through medical records showing the dates and times you were treated for your injuries. In complex cases, expert testimony from a medical professional may also be used to confirm that your slip and fall accident caused your injuries.

Damages is a term used to refer to the financial harm you suffered because of your injuries. Medical records, expert testimony, and other evidence may be used to validate your medical expenses and estimate the cost of your ongoing and future medical care. Lost income, reduced income-earning ability, pain and suffering, and other losses may also factor into the compensation you may receive for your damages.

Contact a Cook County Slip and Fall Lawyer

If you or a loved one were hurt in a fall accident caused by an unsafe condition on another party’s property, you may be entitled to compensation. Call Schwartz Injury Law at 630-349-2325 to schedule a free, no-obligation consultation to discuss your legal options with a knowledgeable Glen Ellyn premises liability attorney today.

Sources:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/120.00.pdf

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57