One of the most underestimated legal claims out there is for falling accidents. People tend to be dismissive of these kinds of cases because they unfairly assume that slip and fall injuries are always minor. However, this assumption could not be more wrong. Many victims are severely injured because of a bad fall, and property owners should be held liable for their failure to keep the premises safe.
You may have a valid legal claim after a slip and fall accident if the owner of the property where you were injured failed to keep it safe for guests. Their failure must directly cause the unsafe conditions that led to your injuries. Damages may be more than you realize, with large hospital bills, lost income, pain, and suffering adding up to significant compensation. If you decide to file a case against the property owner, you must do so no later than 2 years after the initial accident. Our legal team can help you get started.
For a free, confidential case evaluation, call our slip and fall attorneys with the Rhatigan Law Offices at (312) 578-8502.
Determining if You Have a Valid Slip and Fall Claim in Peoria, IL
A victim may file a case against a defendant for their injuries if the defendant’s negligence caused the accident. In many injury cases, this means proving that the defendant was negligent. Negligence requires that the defendant owes the plaintiff some duty of care or safety before violating that duty. The violation must be the direct and proximate cause of the accident, leading to very real damages.
In premises liability cases, including those for slip and falls, the duty of care is described under 740 I.L.C.S. § 130/2. The duty of care owed by property owners to guests requires reasonable care under the circumstances regarding the state of the property and acts performed or omitted on the property. The law is worded this way to make the duty of care specific in each case.
In short, the owner must make the premises safe and take precautions in light of the current state of the property (i.e., any known hazards or areas of disrepair). This may involve removing hazards, repairing maintenance issues, and making reasonable inspections for problems that have yet to come to light. Also, the property owner must consider how guests will use the property. If guests are expected to be more active and possibly rowdy, like at a concert, the property owner should prepare the premises accordingly.
Illinois law does not distinguish between invitees and licensees. Under common law, an invitee is a person invited onto someone’s property for business purposes. This commonly includes customers at a store, guests in a hotel, and clients at business offices. A licensee is invited onto another’s property for non-business reasons, such as social guests at a party. In the past, invitees were owed the highest duty of care by property owners, with licensees being owed a somewhat reduced duty of care and safety. This distinction does not exist in Illinois, and all guests are owed the same duty of care.
Available Damages in a Peoria, IL Slip and Fall Case
Damages in these cases are often higher than people realize. People tend to dismiss slip and fall injuries as minor, and plaintiffs in these kinds of cases might be labeled as overly litigious. The truth is that many people are badly injured when they fall. Even a seemingly minor fall can cause bad injuries, leading to substantial damages that our slip and fall attorneys can help you claim.
Economic losses should be evaluated and added to your overall damages. For example, if you needed extensive medical care after your fall, you may claim these costs among your damages. Do not underestimate the value of these damages. A person might hit their head and experience a brain injury, fracture their hands, wrists, or arms, or even cause damage to their back and spine. Painful injuries usually mean that victims must take time away from work to recover. The loss of income you experience should also be added to your overall damages.
Non-economic damages are less concrete and far more subjective, but they are often worth significant monetary compensation. These damages are often rooted in personal experiences, not actual costs. For example, you might claim pain from your injuries and emotional distress from the accident. Slip and fall accidents tend to be embarrassing, and you can claim damages for the humiliation you experienced.
When to Start Your Slip and Fall Case in Peoria, IL
Many injured victims need time after a bad slip and fall to get medical treatment, recover from their injuries, and consider various legal options. As you can probably guess, this eats up quite a bit of time. Unfortunately, plaintiffs do not have unlimited time to file their cases. The statute of limitations under 735 I.L.C.S. § 5/13-202 imposes a strict limitation period of only 2 years. If you do not file your case within 2 years of the accident, you risk losing your right to file the case at all.
While 2 years might seem like more than sufficient time to file an injury case, the limitation period might be tighter than you think. Even at the best of times, injury cases can take months or more to prepare. Obtaining evidence can be challenging, and witnesses might be hard to track down or reluctant to get involved. It is not unusual for a case to be filed well over a year after the initial accident. The longer you wait to talk to an attorney, the harder it might be to file your case within the statutory limitation period.
Speak to Our Peoria, IL Slip and Fall Lawyers About Your Case Now
For a free, private case review, call (312) 578-8502 and talk to our slip and fall attorneys with the Rhatigan Law Offices.
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