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Plainfield Slip and Fall Attorney
A slip and fall accident can happen in an instant. One moment you’re walking through a Plainfield shopping center near Route 59, or crossing a wet floor at a store along 127th Street, and the next moment you’re on the ground in serious pain. These accidents are not just embarrassing. They can cause broken bones, spinal injuries, head trauma, and long-term disabilities that change your life completely. If you were hurt on someone else’s property because of a dangerous condition they failed to fix, you may have a legal right to compensation. The team at Briskman Briskman & Greenberg is ready to help you understand your options and fight for what you deserve.
Table of Contents
- How Common Are Slip and Fall Accidents in Illinois?
- What Illinois Law Says About Property Owner Responsibility
- Illinois Comparative Fault Rules and How They Affect Your Case
- Common Locations and Causes of Slip and Fall Accidents Near Plainfield
- What Compensation Can You Recover After a Slip and Fall in Plainfield?
- FAQs About Plainfield Slip and Fall Accidents
How Common Are Slip and Fall Accidents in Illinois?
Slip and fall accidents are far more common than most people realize. In Illinois, the average number of fatal injuries related to slips and falls is 1,200 per year. That number alone tells you how serious these accidents can be. They are not minor events. They send people to hospitals, put them out of work, and in the worst cases, they end lives.
Slip and fall accidents can lead to a wide range of injuries, with some of the most common including bone fractures, hip fractures (which are the leading cause of hospitalization following a slip and fall accident), and traumatic brain injury (TBI), which is the most common cause of traumatic brain injury. Think about what that means for your daily life. A broken hip can mean weeks in the hospital and months of rehab. A traumatic brain injury can affect your memory, your ability to work, and your relationships.
The Plainfield area, which sits along busy corridors like I-55 and Route 30, has plenty of commercial properties, apartment complexes, grocery stores, and public spaces where these accidents happen. Wet floors near entrances during Illinois winters, uneven parking lots outside strip malls, and poorly lit stairwells are all common hazards. Icy pathways are a leading cause of hospital visits, and this is especially common in Illinois due to the high snowfall. When a property owner fails to address these dangers, people get hurt.
The financial toll is also significant. Experts estimate the cost of slip and fall accidents for older adults will reach $101 billion by 2030. Even a single accident can result in thousands of dollars in medical bills, lost wages, and ongoing care costs. You should not have to carry that burden alone when someone else’s negligence caused your injury.
What Illinois Law Says About Property Owner Responsibility
Illinois has a clear legal framework that holds property owners accountable for dangerous conditions on their property. The main law is the Illinois Premises Liability Act (740 ILCS 130). The Illinois Premises Liability Act holds property owners accountable for injuries caused by unsafe conditions. Enacted in 1984, the law defines the obligations of property owners or occupiers, such as tenants or businesses, to ensure their property is safe for lawful visitors.
The Illinois Premises Liability Act abolished the common law legal distinction between different types of visitors, such as invitees and licensees, and the duty owed by property owners or occupiers to them. Instead, property owners or occupiers must now exercise reasonable care towards all visitors based on the circumstances, including the condition of the premises or any actions or omissions on the premises. In plain terms, this means that whether you were a customer at a Plainfield Target, a guest at a neighbor’s home, or a visitor at a local park like Plainfield Township Park, the property owner likely owed you a duty of reasonable care.
A property owner is required to maintain the property in good condition at all times. This involves inspecting the premises for dangerous conditions that could injure guests and visitors. The owners must promptly repair hazardous conditions and have warning signs in place if the conditions cannot be corrected immediately.
To win a slip and fall case under this law, you generally need to show four key things. To succeed in a slip and fall claim, all four elements of negligence, which are duty, breach, causation, and damages, must be proven. Your attorney will gather evidence to support each of these elements. That evidence can include photos of the hazard, incident reports, witness statements, surveillance footage, and your medical records. The sooner you act after an accident, the easier it is to preserve that evidence.
It is also worth noting that a property owner might fail to repair defective carpeting or flooring materials, or they may fail to remove snow or ice from outdoor sidewalks within a reasonable amount of time. Both of these are common causes of slip and fall accidents in the Plainfield area, especially during harsh Illinois winters.
Illinois Comparative Fault Rules and How They Affect Your Case
One of the most important things to understand about Illinois slip and fall cases is the state’s comparative fault rule. Under 735 ILCS 5/2-1116, Illinois follows a modified comparative negligence standard. This law states that a plaintiff can recover damages as long as their own fault does not exceed 50% of the total cause of the injury. If you are found to be 50% or less at fault, you can still recover compensation. However, your award will be reduced by your percentage of fault.
Here is a simple example. Say you slipped on an unmarked wet floor at a Plainfield grocery store near Renwick Road. A jury finds the store 80% at fault for failing to put up a warning sign, and finds you 20% at fault for looking at your phone while walking. If your total damages are $100,000, you would recover $80,000 after the 20% reduction. That is still a significant recovery, and it shows why having a strong legal team matters.
Insurance companies know this rule well. Their adjusters will often try to shift as much blame as possible onto you to reduce or eliminate your payout. They may argue that the hazard was “open and obvious,” or that you were not paying attention. Do not let them minimize your injuries or your rights. An experienced attorney can push back against these tactics and present evidence that puts the fault where it belongs.
Illinois also has a joint and several liability rule under 735 ILCS 5/2-1117. Under this law, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages as well. This matters in cases where multiple parties share responsibility for the dangerous condition that caused your fall.
The statute of limitations for filing a personal injury claim in Illinois is two years from the date of the accident. It is crucial to file personal injury claims within two years of the accident date to secure the right to monetary recovery, as failing to do so can result in a waiver of that right. Do not wait. Contact Briskman Briskman & Greenberg as soon as possible so your legal rights are protected.
Common Locations and Causes of Slip and Fall Accidents Near Plainfield
Plainfield is one of the fastest-growing communities in the Chicago metro area. With that growth comes more commercial development, more traffic, and unfortunately more opportunities for property owners to cut corners on safety. Slip and fall accidents happen in all kinds of locations around the area, from the busy shopping centers along Route 59 to the restaurants and retail stores near Plainfield Road and 143rd Street.
Some of the most common causes of slip and fall accidents in the Plainfield area include:
- Wet or slippery floors inside grocery stores, restaurants, and retail shops
- Icy or snowy sidewalks and parking lots that have not been cleared
- Uneven or cracked pavement in parking areas and walkways
- Poor lighting in stairwells, hallways, or exterior areas
- Loose or broken flooring, carpeting, or floor mats
- Unmarked hazards like spills or recently mopped floors
- Broken or missing handrails on stairs and ramps
Apartment complexes along the Plainfield corridor near I-55 are also a common site for these accidents, especially in common areas like laundry rooms, parking garages, and entryways. Property owners in Illinois have an obligation to take reasonable steps to provide a safe, non-hazardous environment for visitors and guests on their property. When they fail to take these steps and an accident occurs, the onus is on the victim to prove that the property owners acted negligently.
Public spaces near landmarks like the DuPage River Trail, Settlers’ Park, and the Plainfield Village Hall area can also be sites of dangerous conditions. Government entities can sometimes be held liable for hazardous public property, though special rules and shorter notice periods may apply. A Chicago slip and fall lawyer at Briskman Briskman & Greenberg can help you figure out who is responsible and how to pursue your claim effectively.
If your accident happened in a nearby community, we also handle cases throughout the region. Whether you need a Mundelein slip and fall lawyer, an Oak Lawn slip and fall lawyer, or an Orland Park slip and fall lawyer, our team is here to help.
What Compensation Can You Recover After a Slip and Fall in Plainfield?
If you were injured in a slip and fall accident on someone else’s property, you may be entitled to several types of compensation. The goal of a personal injury claim is to make you whole again, as much as the law allows. That means recovering money for every way the accident has affected your life.
Compensation in a slip and fall case can include:
- Gastos médicos: This includes emergency room visits, surgery, hospital stays, physical therapy, prescription medications, and any future medical care you will need because of the injury.
- Salarios perdidos: If your injuries kept you out of work, you can recover the income you lost. If your injuries affect your ability to work long-term, you may also recover future lost earning capacity.
- Dolor y sufrimiento: Physical pain and emotional distress are real harms that deserve compensation. Illinois law allows you to seek damages for the suffering you have endured.
- Loss of enjoyment of life: If your injuries have prevented you from enjoying activities you loved before the accident, that loss has value under the law.
- Disability and disfigurement: Permanent injuries that affect your appearance or physical function can be compensated as well.
A slip and fall is the most common cause of traumatic brain injury. Slips and falls could also lead to other head trauma. Injuries like these can require long-term care and rehabilitation. Your compensation should reflect the full scope of your losses, not just your immediate medical bills.
En personal injury attorneys in Chicago at Briskman Briskman & Greenberg will carefully evaluate every aspect of your case. We look at your medical records, consult with experts when needed, and work to build the strongest possible case on your behalf. Our goal is to make sure you receive fair compensation for everything you have been through. If you were hurt in Plainfield or anywhere in the greater Chicago area, contact us today for a free consultation. You pay nothing unless we recover money for you.
FAQs About Plainfield Slip and Fall Accidents
How long do I have to file a slip and fall lawsuit in Illinois?
In Illinois, you generally have two years from the date of your accident to file a personal injury lawsuit under the statute of limitations. If you miss this deadline, you typically lose the right to recover any compensation. There are some exceptions, such as cases involving government entities, which may have shorter notice requirements. The safest approach is to contact an attorney as soon as possible after your accident so your rights are fully protected from day one.
What if I was partially at fault for my slip and fall accident?
Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means you can still recover damages even if you were partly at fault, as long as your share of the fault does not exceed 50%. Your total compensation will be reduced by the percentage of fault assigned to you. For example, if you are found 30% at fault and your damages total $50,000, you would recover $35,000. Insurance companies often try to inflate your percentage of fault to reduce their payout, which is why having an attorney on your side is so important.
What should I do immediately after a slip and fall accident in Plainfield?
First, seek medical attention right away, even if you feel only mild pain. Some serious injuries like head trauma or spinal damage do not show full symptoms immediately. Report the accident to the property owner or manager and ask for a written incident report. Take photos of the hazard that caused your fall and get contact information from any witnesses. Do not give a recorded statement to an insurance company before speaking with an attorney. Contact Briskman Briskman & Greenberg as soon as you can so we can begin preserving evidence and protecting your claim.
Can I file a claim if I slipped and fell on a public sidewalk or government property in Plainfield?
Yes, it is possible to file a claim against a government entity in Illinois, but the rules are different from standard premises liability claims. Illinois law requires you to file a formal notice of your claim within a much shorter time frame than the standard two-year statute of limitations. The process for suing a municipality involves specific procedural steps that must be followed exactly. Missing a single deadline or filing requirement can end your case entirely. This is one situation where getting legal help quickly is absolutely critical.
Does it cost anything to hire Briskman Briskman & Greenberg for a slip and fall case?
No. Briskman Briskman & Greenberg handles personal injury cases on a contingency fee basis. That means you pay no attorney fees unless and until we recover compensation for you. There is no upfront cost and no financial risk to you for getting legal help. You can schedule a free consultation to discuss the details of your case, ask questions, and learn about your legal options without any obligation. We believe everyone deserves access to quality legal representation, regardless of their financial situation.
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