When you go to a friend’s house, shop at a store, or eat at a restaurant, you likely expect the experience will be incident-free. Unfortunately, not all businesses and property owners do not take their duties seriously and must be held accountable in a lawsuit.
Our team has litigated these cases for years and is ready to use that experience in your claim. Numerous issues are critical to your claim’s success. We can determine when the two-year limitations period started and how long you have to file. We can gather and evaluate evidence to determine each potentially liable party. We will also use the evidence to determine how the property owner acted unreasonably under the circumstances. If their actions are considered unreasonable for the situation, you are entitled to compensation.
For a free case review with our slip and fall attorneys, contact Rhatigan Law Offices today by calling (312) 578-8502.
Critical Issues Our Lawyers Can Help with During a Slip and Fall Lawsuit in Springfield, IL
Slip and fall accidents can happen for various different reasons, such as uncleaned spills, badly lit staircases, and, especially, snow and ice. However, property owners are responsible for ensuring conditions like these do not injure their guests or customers. If they fail to uphold their duty, the property owner should be held liable for the damages their negligence caused. Our slip and fall lawyers can help with the numerous critical issues arising during your personal injury lawsuit. We can identify the filing deadline, the liable parties, how they violated their duty of care, and the damages you can claim. Our team’s extensive experience will allow us to meet any challenges your case faces.
When to File
Two years might seem like a long time, but not when you need to prepare and file a slip and fall accident lawsuit. That is how long the statute of limitations encoded under 735 I.L.C.S. § 5/13-202. This limitation period is shorter than many other states, leaving little room for delay. If your lawsuit is filed even one day after the two-year anniversary of your fall, you will be totally cut off from compensation by the court.
Thus, you should not waste any time contacting our team after your accident. If you start your claim immediately after, we can use that time to gather more medical evidence and evaluate your damages. Starting your claim quickly will also add credibility to it since injury victims typically want justice and reimbursement for their losses as soon as possible.
Who to Hold Liable
Before filing your claim, the most pressing issue will be determining who to file it against. This could be a simple matter or much more complex, depending on where and how your accident occurred. For example, if you were injured on private property, the individual property owner would likely be the responsible party. Perhaps you were at your neighbor’s house to watch the Bears game when you tripped on their unrepaired stairs. It is their duty to make reasonable repairs. It also does not matter if they were unaware since part of a property owner’s duty is to make reasonable inspections of their premises.
Many more slip and fall accidents occur in businesses. This is where determining who to sue can be a bit more challenging. Suppose you fell inside your local grocery store or favorite restaurant because of an uncleaned spill. Even if we do not know the individual employee who caused the hazard, we can sue the business overseeing and managing the property. Per the legal theory of respondeat superior, employers can be held liable for their employees’ negligent acts if made while executing their work duties. However, it is ultimately the business that is responsible for ensuring the property is safe for its patrons.
How to Hold Property Owners Liable
As mentioned, property owners have a legal duty to make and keep their premises safe. But where does that duty derive from? It is an old principle of the law and found under 740 I.L.C.S. § 130/2. It directs property owners to use reasonable care under the circumstances to make the property safe. This implies that the duty can be different in each case. It depends on what procedures would be considered reasonable. For example, what is reasonable care to keep a restaurant safe will be different than the local waterpark, Knight’s Action Park. Our team can help determine how the property owner acted unreasonably and what evidence will prove it.
Damages You Can Recover
Some people joke about slip and fall accidents they read about in the news, but the damages are often much worse for victims than they realize. In reality, these injuries are quite serious and can take years to recover from completely. Our team will help you assess both the financial losses you have suffered and your pain and suffering damages.
Economic damages comprise the out-of-pocket financial expenses stemming from the accident. Medical bills often for the core of these damages, but will include any financial losses resulting from the fall. This might include the lost income for time missed at work and travel expenses to meet with your doctors and our attorneys. We can also claim personal property damaged in the fall, like a broken phone or jewelry.
Non-economic damages, commonly referred to as pain and suffering, are more difficult to add up but just as deserving of compensation. These damages compensate you for the experiences and fallout from the accident. You most certainly suffered pain during the accident and likely contended with it through treatment and after. You might also feel humiliated, depressed, and anxious after the incident. The impact will be especially difficult if activities you once enjoyed are now limited. We can work with experts, if necessary, to determine the full range of these damages.
Contact Our Springfield, IL Slip and Fall Lawyers Today to Discuss Your Claim
Call Rhatigan Law Offices at (312) 578-8502 for a free case assessment with our slip and fall lawyers.
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