Our Lawyers
Des Plaines Slip and Fall Attorney
A slip and fall accident can turn your life upside down in seconds. One moment you are walking through a Des Plaines shopping center near Maryhill Cemetery or crossing a parking lot off Lee Street, and the next you are on the ground with serious injuries. If someone else’s negligence caused your fall, you have legal rights under Illinois law. At Briskman Briskman & Greenberg, we help injured people throughout the Chicago area, including Des Plaines, hold careless property owners accountable and recover the compensation they deserve.
Table of Contents
- Why Slip and Fall Accidents in Des Plaines Are So Common
- Illinois Law and Your Rights as an Injured Victim
- What Damages Can You Recover After a Des Plaines Slip and Fall?
- Steps to Take After a Slip and Fall Accident in Des Plaines
- Why Choose Briskman Briskman & Greenberg for Your Des Plaines Slip and Fall Case?
- FAQs About Des Plaines Slip and Fall Accidents
Why Slip and Fall Accidents in Des Plaines Are So Common
Des Plaines sits at the intersection of several major travel corridors, including I-294, I-90, and Mannheim Road. The city has busy retail strips, restaurants, office parks, and residential neighborhoods. That mix of high foot traffic and aging infrastructure creates real hazards for everyday people. Winter weather makes things even worse. When snow and ice pile up on sidewalks near the Metra station on Miner Street or in the parking lots of the Randhurst Village area, the risk of a serious fall goes up fast.
Among adults aged 65 and older in the United States, unintentional falls are the leading cause of injury and injury death. Even in Illinois, which has the lowest estimate of nonfatal falls among states, approximately one in five older adults reported falling in a recent year. These are not just statistics. They represent real people who slipped on an icy walkway, tripped on a broken curb, or fell because a store failed to clean up a spill.
Common causes of Des Plaines slip and fall accidents include wet or slippery floors in grocery stores and restaurants, uneven sidewalks and parking lots, poor lighting in stairwells or hallways, broken or missing handrails, and snow or ice left untreated on walkways. Property owners along Oakton Street, Golf Road, and Algonquin Road are legally required to keep their premises safe. When they fail to do that, injured victims can seek compensation. If you were hurt in Des Plaines, contact our team at Briskman Briskman & Greenberg to learn what your case may be worth.
Illinois Law and Your Rights as an Injured Victim
Illinois has clear laws that protect people injured on someone else’s property. The Illinois Premises Liability Act (740 ILCS 130) sets the standard. Under this law, property owners and occupiers must exercise reasonable care to protect people who are lawfully on their property from conditions that could cause injury. That applies to everyone from customers at a big-box retailer to guests at a private residence.
To win a premises liability claim in Illinois, you generally need to show four things. First, a dangerous condition existed on the property. Second, the owner knew or should have known about the hazard. Third, the owner failed to fix the problem or warn visitors about it. Fourth, that dangerous condition caused your injuries. Think about a scenario where you slip on a wet floor at a Des Plaines restaurant. If employees mopped the floor and failed to put up a warning sign, and you fell and broke your wrist, the restaurant may be legally responsible for your medical bills, lost wages, and pain and suffering.
Illinois also uses a modified comparative negligence rule. If you were less than 50% at fault, you can still recover compensation, but your award will be reduced by your percentage of responsibility. For example, if you were found 20% at fault and your damages totaled $100,000, you could still recover $80,000. That is why it is important to work with an attorney who knows how to build a strong case and counter arguments that you were partially to blame. Our Chicago slip and fall lawyer team at Briskman Briskman & Greenberg knows these laws and how to apply them to your situation.
What Damages Can You Recover After a Des Plaines Slip and Fall?
When a property owner’s negligence causes you to fall and get hurt, the financial impact can be significant. Medical bills pile up fast. You may miss weeks of work. In serious cases, you may face a long road of physical therapy or even permanent disability. Illinois law allows injured victims to seek compensation for all of these losses.
The types of damages available in a Des Plaines slip and fall case typically include past and future medical expenses, lost wages and reduced earning capacity, physical pain and suffering, emotional distress, and loss of normal life. Nationally, the medical costs attributed to nonfatal and fatal falls in older adults amounts to approximately $50 billion every year. That figure shows just how costly these accidents can be, not just for individuals but for society as a whole.
In cases where a fall leads to a fatality, Illinois’s Wrongful Death Act (740 ILCS 180) allows surviving family members to pursue compensation for their loss. This can include funeral expenses, lost financial support, and the grief of losing a loved one. Illinois joint and several liability rules under 735 ILCS 5/2-1117 may also apply when multiple parties share fault for your accident. Under that law, defendants whose fault is 25% or greater are jointly and severally liable for all damages. That means you may be able to recover full compensation even if one defendant cannot pay their share.
Do not assume your injuries are too minor to matter. Even a seemingly simple fall can result in fractures, traumatic brain injuries, or spinal damage that affects you for years. Hip fractures are the leading cause of hospitalization following a slip and fall accident, and a slip and fall is the most common cause of traumatic brain injuries. Talk to the personal injury attorneys in Chicago at Briskman Briskman & Greenberg before you accept any settlement offer from an insurance company.
Steps to Take After a Slip and Fall Accident in Des Plaines
What you do in the hours and days after a slip and fall can make or break your case. Property owners and their insurance companies move quickly to protect themselves. You need to do the same. Here is what we recommend if you fall on someone else’s property in Des Plaines.
First, get medical attention right away. Even if you feel okay at the scene, some injuries do not show symptoms immediately. A medical record created close in time to your accident is important evidence. Second, report the accident to the property owner or manager and ask for a written incident report. Third, take photos of the hazard that caused your fall, including the floor, the lighting, any warning signs (or lack of them), and your injuries. 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.
Time matters in Illinois. Under 735 ILCS 5/13-202, most personal injury claims must be filed within two years of the accident. Victims generally have two years to file a lawsuit, though claims involving public entities may have shorter deadlines. If your fall happened on property owned by the City of Des Plaines or another government entity, you may need to file a notice of claim much sooner. Missing a deadline can cost you your right to recover anything at all. Call Briskman Briskman & Greenberg as soon as possible after your accident so we can protect your rights from day one. Our firm also serves clients in surrounding communities. If you were injured in a different area, you can reach our Mundelein slip and fall lawyer, Oak Lawn slip and fall lawyer, or Orland Park slip and fall lawyer teams for help.
Why Choose Briskman Briskman & Greenberg for Your Des Plaines Slip and Fall Case?
Choosing the right attorney after a slip and fall is one of the most important decisions you will make. You need someone who understands Illinois premises liability law, knows how to investigate these cases, and is ready to fight for full compensation on your behalf. Briskman Briskman & Greenberg has been representing injured people in the Chicago area, including Des Plaines and Cook County, for decades.
Our firm handles cases in the Cook County Circuit Court, Third Municipal District, which covers Des Plaines and is located at the Rolling Meadows Courthouse on Euclid Avenue. We know this court system and the legal process that your case will go through. We work hard to gather the evidence needed to build a strong claim, including surveillance footage, maintenance records, witness statements, and expert testimony when necessary.
We handle slip and fall cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. You can focus on healing while we handle the legal work. We also offer free consultations so you can get honest answers about your case without any obligation. As a trusted Chicago personal injury lawyer firm, Briskman Briskman & Greenberg is committed to standing by injured victims every step of the way. Call us today and let us help you understand your options.
FAQs About Des Plaines Slip and Fall Accidents
How long do I have to file a slip and fall lawsuit in Illinois?
In most cases, Illinois law gives you two years from the date of your accident to file a personal injury lawsuit, under 735 ILCS 5/13-202. However, if your fall happened on government property, such as a city sidewalk or a public building in Des Plaines, you may face a much shorter deadline to file a notice of claim. Missing these deadlines can permanently bar you from recovering any compensation. Contact Briskman Briskman & Greenberg as soon as possible after your accident to make sure your rights are protected.
What if I was partly at fault for my slip and fall?
Illinois follows a modified comparative negligence rule. As long as you are found to be less than 50% responsible for the accident, you can still recover damages. Your total compensation will be reduced by your percentage of fault. For example, if a jury finds you 30% at fault and awards $150,000 in damages, you would receive $105,000. Do not assume that partial fault means you have no case. An attorney can help you assess the full picture and fight to minimize any fault attributed to you.
What kinds of injuries are common in slip and fall accidents?
Slip and fall accidents can cause a wide range of injuries, from minor bruises to life-changing conditions. Common injuries include broken bones, especially wrists and hips, traumatic brain injuries, spinal cord damage, torn ligaments, and soft tissue injuries. Some injuries do not appear right away, which is why it is critical to see a doctor immediately after any fall, even if you feel okay at the scene. Early medical documentation also strengthens your legal claim.
Can I sue if I fell on a public sidewalk in Des Plaines?
Yes, it is possible to file a claim against a government entity if you fell on a public sidewalk or other public property. However, claims against municipalities in Illinois come with specific procedural requirements and shorter filing deadlines than standard personal injury claims. You may need to file a formal notice of claim with the City of Des Plaines before you can pursue a lawsuit. Because these cases involve additional legal hurdles, it is especially important to speak with an attorney quickly after your accident.
Does Briskman Briskman & Greenberg charge upfront fees for slip and fall cases?
No. Briskman Briskman & Greenberg handles slip and fall cases on a contingency fee basis. That means you pay no attorney fees unless and until we recover compensation for you. There are no out-of-pocket costs to get started. We also offer free initial consultations so you can discuss the facts of your case and understand your legal options with no financial risk. If you were hurt in Des Plaines or anywhere in the Chicago area, call us today to get started.
More Resources About Personal Injuries
SEEN ON:
