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Bloomington Slip and Fall Attorney
If you slipped and fell on someone else’s property in or around the Bloomington area of Chicago, you may have a real legal claim. A wet floor at a store near the Chicago Riverwalk, an icy sidewalk outside a building on Michigan Avenue, or a broken step at a venue near Millennium Park, these are the kinds of hazards that injure people every day. When a property owner fails to keep their premises safe, the law may hold them responsible. At Briskman Briskman & Greenberg, we help injured people across Chicago and the surrounding communities understand their rights and fight for fair compensation.
Table of Contents
- What Illinois Law Says About Slip and Fall Accidents
- Common Causes of Slip and Fall Accidents in Chicago
- How Illinois Comparative Fault Rules Affect Your Claim
- What Compensation Can You Recover After a Slip and Fall?
- Why Acting Quickly After a Slip and Fall Matters
- FAQs About Bloomington Slip and Fall Accidents in Chicago
What Illinois Law Says About Slip and Fall Accidents
Illinois has a specific law that governs these types of cases. Under the Illinois Premises Liability Act (740 ILCS 130/), the distinction between invitees and licensees as to the duty owed by an owner or occupier of any premises is abolished. The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them. In plain terms, if you were lawfully on someone’s property, the owner had a legal duty to keep that property reasonably safe for you.
What does “reasonable care” look like in real life? Think about a grocery store near Wicker Park or a restaurant in Lincoln Park. The owner is expected to clean up spills promptly, fix broken flooring, and post warning signs when a hazard exists. To prove a premises liability claim for a slip and fall injury, the injured party generally must show that the property owner caused the dangerous condition through an act or omission, that the owner knew or should have known of the hazard through reasonable inspections, that the owner failed to remedy the dangerous condition or adequately warn visitors, and that the hazardous condition proximately caused the slip and fall and resulting injuries.
One important thing to know is that the law does have limits. The duty of reasonable care does not include a duty to warn of or otherwise take reasonable steps to protect entrants from conditions on the premises that are known to the entrant, are open and obvious, or can reasonably be expected to be discovered by the entrant. However, just because a hazard may seem “open and obvious” does not always mean the owner is off the hook. Courts look at the full picture, including whether the owner should have anticipated that someone could still be hurt. If you are unsure whether your situation qualifies, talking to a Chicago slip and fall lawyer is the smartest first step you can take.
Common Causes of Slip and Fall Accidents in Chicago
Slip and fall accidents happen in many different settings across the Chicago area. From the busy shopping corridors along State Street to parking garages near O’Hare International Airport, hazards are everywhere. Understanding what causes these accidents can help you recognize when a property owner may be at fault.
Some of the most common causes include wet or slippery floors, uneven pavement, broken stairs, poor lighting, and ice and snow on walkways. Icy pathways are a leading cause of hospital visits, and this is especially common in Illinois due to the high snowfall. Anyone who has walked along a Chicago sidewalk in January knows exactly how dangerous untreated ice can be. Property owners, including businesses and landlords along busy corridors like Clark Street or Halsted Street, have an obligation to address these winter hazards.
Other causes include cluttered aisles in retail stores, loose rugs or mats, and broken or missing handrails on stairways. 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, which is the most common cause of traumatic brain injury overall.
The injuries from these accidents are not minor inconveniences. They can be life-changing. A broken hip for an older adult near the South Side neighborhoods can mean months of rehabilitation and lost independence. A head injury from a fall at a parking structure near Soldier Field can result in lasting cognitive problems. If any of these situations sound familiar, you deserve to know your legal options. Our team at Briskman Briskman & Greenberg is here to help you sort through what happened and determine who should be held responsible. We also assist clients in nearby communities, including those who need a Mundelein slip and fall lawyer or representation in other surrounding areas.
How Illinois Comparative Fault Rules Affect Your Claim
One of the most common concerns people have after a slip and fall is this: “What if I was partly to blame?” It is a fair question, and Illinois law has a clear answer. The state follows a modified comparative negligence rule under 735 ILCS 5/2-1116. Under this law, your compensation is reduced by the percentage of fault assigned to you. In Illinois, if you are partially at fault for the accident, you can still recover damages as long as you are not more than 50 percent responsible. However, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 20 percent at fault for your slip and fall accident and were awarded $100,000 in damages, your award would be reduced by 20 percent, resulting in $80,000. If you are found to be more than 50 percent at fault, you will not be able to recover any damages.
This rule matters a lot in real cases. Insurance companies and defense attorneys will often try to shift blame onto the injured person. They might argue you were wearing inappropriate footwear, not paying attention, or ignored a visible warning sign. That is why having strong legal representation matters. A skilled attorney can push back against these arguments and protect your right to full compensation.
It is also worth knowing how fault is shared when multiple parties are involved. Under 735 ILCS 5/2-1117, 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 of the total fault is jointly and severally liable for all other damages as well. This means that in cases involving multiple responsible parties, such as a building owner and a property management company, you may be able to recover from more than one source.
Do not let an insurance company pressure you into accepting a low offer before you understand your rights. If you were hurt near the Bloomington area or anywhere in Chicago, speaking with a Chicago abogado de lesiones personales at Briskman Briskman & Greenberg can make a real difference in the outcome of your case.
What Compensation Can You Recover After a Slip and Fall?
After a slip and fall, your losses can pile up quickly. Medical bills, time away from work, and the physical pain of recovering from an injury all take a toll. Illinois law allows injured victims to pursue several types of compensation, and knowing what you may be entitled to is important before you accept any settlement offer.
Damages in a Chicago slip and fall case may include medical expenses (covering hospital bills, surgeries, medication, and physical therapy), and you may also be eligible to recover for the cost of all necessary future medical care related to your injuries. Lost wages are also recoverable if your injury caused you to miss work, and this can include future earnings if the injury affects your ability to work. Pain and suffering compensates you for physical pain and emotional distress caused by the accident, and these damages can be more challenging to quantify but are an important part of your claim. Loss of enjoyment of life is also recoverable if your injury affects your ability to enjoy daily activities or hobbies.
The value of a slip and fall case depends on many factors. The severity of your injuries, how long your recovery takes, whether you can return to work, and the strength of the evidence all play a role. For example, someone who suffers a traumatic brain injury after falling on an icy walkway near the Chicago Cultural Center will likely have a very different claim than someone who breaks a wrist after tripping on a cracked sidewalk near Hyde Park. Both cases deserve serious attention.
At Briskman Briskman & Greenberg, we take every case seriously. We work to gather the evidence needed to build a strong claim, including photos of the hazard, witness statements, surveillance footage, and medical records. If you or someone you love was hurt in a slip and fall, you should not have to face the financial burden alone. We also handle cases for clients who need an Oak Lawn slip and fall lawyer or those in the Orland Park area who need an Orland Park slip and fall lawyer.
Why Acting Quickly After a Slip and Fall Matters
Time is one of the most important factors in a slip and fall case. Evidence disappears. Surveillance footage gets deleted. Witnesses forget details. The sooner you take action, the better your chances of building a strong claim.
Illinois law gives you a limited window to file a personal injury lawsuit. In most premises liability cases, you have two years from the date of your injury to file a claim in court. If you miss that deadline, you lose your right to sue, no matter how serious your injuries are. Cases involving a government-owned property, such as a city-owned sidewalk near the Chicago Transit Authority (CTA) stations or a Cook County courthouse like the Richard J. Daley Center, may have even shorter notice requirements. That makes it critical to act fast.
Here is what you should do right away after a slip and fall. First, get medical attention immediately, even if you think your injuries are minor. Some injuries, like concussions or internal damage, do not show symptoms right away. Second, report the incident to the property owner or manager and ask for a copy of the incident report. Third, take photos of the hazard and the surrounding area. Fourth, get the names and contact information of any witnesses. Fifth, do not give a recorded statement to the property owner’s insurance company without speaking to an attorney first.
Slip and fall accidents are far more common than people realize. The numbers tell a serious story. In Illinois, the average number of fatal injuries related to slips and falls is 1,200 per year. Across the country, the impact is enormous. Slip and fall accidents lead to approximately $70 billion in medical expenses and workers’ compensation payouts each year in the U.S. These are not small numbers. They represent real people whose lives were changed by preventable accidents.
At Briskman Briskman & Greenberg, we work on a contingency fee basis. That means you pay nothing unless we recover compensation for you. You have nothing to lose by calling us. Whether your accident happened near Bloomington, in the Loop, along the North Shore, or anywhere else in the Chicago area, our team is ready to listen and help you understand your options. Reach out to our personal injury attorneys in Chicago hoy mismo para una consulta gratuita.
FAQs About Bloomington Slip and Fall Accidents in Chicago
How long do I have to file a slip and fall lawsuit in Illinois?
In most cases, Illinois gives you two years from the date of your injury to file a personal injury lawsuit. This deadline is set by the Illinois statute of limitations. If your accident happened on government-owned property, such as a city sidewalk or public transit facility, you may need to file a notice of claim much sooner. Missing these deadlines can permanently bar you from recovering any compensation, so it is important to speak with an attorney as soon as possible after your accident.
What if I was partly at fault for my slip and fall?
You can still recover compensation in Illinois even if you were partly at fault. Under the state’s modified comparative negligence law (735 ILCS 5/2-1116), your damages are simply reduced by your percentage of fault. So if you were 30% at fault and your total damages were $100,000, you would receive $70,000. However, if you are found to be more than 50% responsible for the accident, you cannot recover anything. Insurance companies often try to inflate your share of the blame to reduce what they owe you, which is one reason having legal representation matters.
What kinds of evidence help prove a slip and fall claim?
Strong evidence can make or break a slip and fall case. Useful evidence includes photos or video of the hazard that caused your fall, surveillance footage from the property, witness statements from people who saw the accident, the official incident report filed with the property owner, your medical records showing the nature and extent of your injuries, and any documentation of your lost wages or other financial losses. The more evidence you can gather right after the accident, the stronger your case will be. Acting quickly is key because surveillance footage is often deleted within days.
Can I sue a business if I slipped and fell inside their store?
Yes, you may be able to sue a business if unsafe conditions on their property caused your fall. Under the Illinois Premises Liability Act (740 ILCS 130/), business owners owe a duty of reasonable care to people lawfully on their property. This includes keeping floors clean and dry, fixing known hazards, and warning customers of any dangers. If the business knew or should have known about the hazard and failed to address it, they may be held liable for your injuries. Each case depends on the specific facts, so speaking with an attorney about your situation is the best way to understand your options.
How much does it cost to hire a slip and fall attorney at Briskman Briskman & Greenberg?
At Briskman Briskman & Greenberg, we handle slip and fall cases on a contingency fee basis. This means you pay no attorney fees unless and until we recover compensation for you. There is no upfront cost and no out-of-pocket expense to get started. You can call us for a free consultation to discuss the facts of your case and learn about your legal options without any financial obligation. Our goal is to make quality legal help accessible to everyone who needs it, regardless of their financial situation.
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