What You Should Know About Illinois’ Slip/Trip And Fall Laws
Slip and fall accidents are very common. In fact, these slip/trip and fall accidents currently account for over 1 million hospital visits. If you are injured in a slip/trip and fall accident in Illinois, there are some things you should know before you decide whether or not to file a personal injury claim.
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You must file a claim within two years of the incident. When it comes to slip/trip and fall accidents, you must ensure that you file a claim within the applicable deadlines. Illinois law typically requires that a personal injury claim based on a slip/trip and fall accident must be brought within 2 years of the date of the accident. This statute applies to most personal injury claims in the state of Illinois. If your slip and fall occurred on property owned or maintained by a municipality or other public entity then you may only have 1 year to file suit.
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Evidence of the defect is critical. Pictures or other documentation and evidence of the defect or substance that caused your trip and fall is critical. In order to prove a slip/trip and fall case you must establish that the owner of the property either knew or should have known of the defect or substance that caused your injury. By providing documentation it drastically improves your ability to prove your case by showing the existence and location of the defect or substance.
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Provide a proper accident report to the owner of the property. Documenting the accident to the owner of the property rules out any potential argument or insinuation down the line that this accident never occurred. In addition, the property owner should preserve all video documentation of the accident if that exists.
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Provide history to your medical providers. Similar to providing an accident report to the owner of the property, it is also imperative to provide a proper history of the accident to all emergency personnel and medical providers. This further aids in establishing causation and the reason for the medical care and treatment.
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Your compensation could be reduced by your own comparative fault. You must also be aware that your verdict award can be reduced if the slip and fall was partially your fault. Illinois slip and fall claims are based on the concept of contributory negligence Essentially, if the court finds that your own actions contributed to your fall your verdict will be reduced by that specified amount. For example, if you slip in a grocery store because you weren’t paying attention as you were walking and didn’t notice the “wet floor” sign, and the jury finds that you are 30% at fault for your resulting injuries, your verdict will be reduced by 30%. A major catch though is if the jury believes you were more than 50% at fault for the accident then you would not be entitled to any recovery for those injuries.
Were You Recently Injured in a Slip and Fall Accident? Contact Our Personal Injury Firm
If you were recently injured in a slip and fall accident and have questions about filing a claim, please contact Connolly Injury Law. Our Chicago personal injury attorney will ensure that you receive proper compensation for any injuries you have sustained, as well as for any property damage you have suffered.
Resources:
ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102300000&SeqEnd=105700000
nfsi.org/nfsi-research/quick-facts/
