Our Lawyers
Chicago Hip Fractures From Slip and Falls
A hip fracture from a slip and fall is one of the most serious injuries a person can suffer in Chicago. Whether it happens on an icy sidewalk near Millennium Park, a wet floor in a Loop grocery store, or a poorly maintained walkway outside a Wicker Park apartment building, the consequences can change your life. Surgery, months of rehabilitation, and permanent loss of mobility are common outcomes. If someone else’s negligence caused your fall, Illinois law gives you the right to pursue compensation, and Briskman Briskman & Greenberg is ready to help you do exactly that.
Table of Contents
- How Common Are Hip Fractures From Slip and Falls?
- Illinois Law and Property Owner Liability for Hip Fracture Injuries
- The Medical and Financial Impact of a Hip Fracture
- What to Do After a Slip and Fall Hip Fracture in Chicago
- Why Briskman Briskman & Greenberg Handles Hip Fracture Claims in Chicago
- FAQs About Chicago Hip Fractures From Slip and Falls
How Common Are Hip Fractures From Slip and Falls?
Hip fractures are far more common than most people realize, and slip and fall accidents are the primary cause. Each year, there are about 300,000 hip fracture-related hospitalizations due to older adult falls in the United States. In 2019, 83% of hip fracture deaths and 88% of emergency department visits and hospitalizations for hip fractures were caused by falls. Those numbers represent real people, many of them Chicago residents, who suffered because of a dangerous condition on someone else’s property.
Over 95% of hip fractures in older adults are caused by falls, yet only 1% to 2% of falls result in a hip fracture. That means when a hip fracture does happen, the circumstances of the fall usually involve serious force or a particularly hazardous surface. In Chicago, those hazardous surfaces are everywhere. Think of the cracked sidewalks along Milwaukee Avenue in Logan Square, the icy entryways of River North bars and restaurants in January, or the greasy floors inside a fast food location on the South Side. Any of these conditions can cause a fall serious enough to break a hip.
The elderly are at high risk due to a condition known as osteoporosis. Osteoporosis causes bones to become weak and brittle by reducing bone mineral density. Weaker bones and a traumatic injury like a fall create an environment where hip fractures are highly probable. Even a fall that is seemingly insignificant may cause a fracture. This is why property owners in Chicago have a legal responsibility to keep their premises safe, especially in areas with heavy foot traffic like CTA stations, shopping areas, and public parks.
Chicago winters make the risk even greater. Ice and snow on uncleared sidewalks, parking lots, and building entryways create dangerous conditions that send hundreds of people to emergency rooms each year. If you or a loved one suffered a hip fracture in a slip and fall anywhere in the Chicago area, the injury may be the direct result of someone else’s failure to maintain safe property.
Illinois Law and Property Owner Liability for Hip Fracture Injuries
The Illinois Premises Liability Act (740 ILCS 130/) governs personal injury claims related to unsafe property conditions. Property owners and occupiers must maintain their premises in a reasonably safe condition and warn visitors of any known hazards. When a property owner ignores a wet floor, fails to salt an icy walkway, or leaves a cracked surface unrepaired, and someone suffers a hip fracture as a result, that owner can be held legally responsible.
To bring a successful claim, you must show four things: the property had a dangerous condition, the owner knew or should have known about it, the owner failed to fix it or warn you, and that failure caused your injury. Under Illinois law, the duty of care requires that a landowner use “reasonable care under the circumstances” to make their property safe for visitors who have permission to be on the property. This standard applies whether the property is a private residence in Lincoln Park, a retail store in the Gold Coast, or a restaurant in Bridgeport.
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. This is important because it means you do not need to prove you were a paying customer to be protected under Illinois law. A guest, a tenant, or even a pedestrian using a privately maintained walkway may have a valid claim.
One defense property owners often raise is comparative fault, arguing that the injured person was partly responsible for the fall. Illinois follows a modified comparative negligence rule. If you are found to be at least 50% responsible for your own injuries, you will not be eligible to recover damages. However, if you are less than 50% at fault, you can still recover compensation, though it will be reduced by your percentage of fault. A skilled slip and fall attorney can push back against unfair fault assignments and protect your right to full compensation.
The Medical and Financial Impact of a Hip Fracture
A hip fracture is not a minor injury you recover from in a few weeks. Surgery is almost always required, followed by weeks in a hospital or rehabilitation facility, months of physical therapy, and in many cases, permanent changes to how you walk and live. It is hard to recover from a hip fracture. Many people are not able to live on their own afterwards. For older adults especially, a hip fracture can trigger a cascade of health problems that shorten life expectancy.
Approximately 75% of patients with hip fractures are women. According to the International Osteoporosis Foundation, a 50-year-old woman faces a 2.8% risk of death related to hip fracture in her lifetime, nearly equal to her risk of dying from breast cancer. These are not abstract statistics. They describe the real danger that a single slip on a wet floor or an icy sidewalk can pose to a person’s life.
The financial costs are equally serious. Hip fracture treatment involves emergency room care, orthopedic surgery, anesthesia, hospital stays, rehabilitation, home health aides, and often long-term assisted living costs. Lost wages add to the burden, especially for working-age adults who cannot return to their jobs for months. Victims of slip and fall accidents may be able to recover damages such as medical expenses, lost income and benefits, disfigurement, disability, pain and suffering, rehabilitation costs, property damage, and more. A Chicago slip and fall lawyer can help you calculate the full value of your claim, including future medical costs that are easy to underestimate in the early stages of recovery.
Do not accept the first settlement offer from an insurance company. Insurers routinely offer low initial settlements to hip fracture victims, especially when they know the injured person is unrepresented. The goal is to close the claim quickly and cheaply before you understand the true cost of your injury. Getting proper legal representation before you speak with any insurance adjuster is one of the most important steps you can take.
What to Do After a Slip and Fall Hip Fracture in Chicago
The steps you take in the hours and days after a hip fracture can significantly affect your legal claim. The most urgent priority is getting medical care, but once you are stable, evidence preservation becomes critical. Acting quickly is key. Property owners often fix hazards immediately after someone falls, which can make it harder to gather evidence. That is why it is important to report the accident, take photos if possible, and get medical care right away.
If you can, or if someone with you can, take photos of the exact spot where you fell. Capture the hazard, whether it is a patch of ice, a wet floor with no warning sign, a broken section of pavement, or a loose mat. Get the names and contact information of anyone who witnessed the fall. Report the incident to the property owner or manager and ask for a written incident report. Keep a copy for yourself. These steps apply whether you fell at a Magnificent Mile retailer, a Hyde Park apartment building, or a Chinatown restaurant.
Your medical records are also a key piece of evidence. They document the injury, link it to the fall, and establish the seriousness of your condition. Do not skip follow-up appointments or physical therapy, because gaps in treatment can be used against you. Illinois has a two-year statute of limitations for personal injury cases, so waiting too long could mean losing your right to file a claim entirely. Two years may sound like a long time, but investigations take time, and building a strong case requires gathering evidence while it is still available. Contact a slip and fall attorney as soon as possible after your injury.
Witness statements, surveillance footage from nearby businesses or building cameras, maintenance records, and prior complaints about the hazard all become part of building your case. An experienced attorney knows how to obtain this evidence before it disappears. If the fall happened on city property, such as a Chicago Park District path or a public sidewalk near a CTA station, different notice requirements may apply, which is another reason to act quickly.
Why Briskman Briskman & Greenberg Handles Hip Fracture Claims in Chicago
Hip fracture cases are among the most high-stakes personal injury claims in Illinois. The injuries are severe, the medical costs are enormous, and the insurance companies defending property owners are aggressive. You need a legal team that understands Illinois premises liability law, knows how to value a catastrophic injury claim, and will not back down when an insurer tries to minimize your damages.
Briskman Briskman & Greenberg has spent decades representing injured Chicagoans in slip and fall cases across Cook County and the surrounding area. The firm handles cases from neighborhoods like Pilsen and Andersonville to suburbs across the region. As a Chicago personal injury lawyer firm, Briskman Briskman & Greenberg takes hip fracture cases on a contingency fee basis, meaning you pay nothing unless compensation is recovered for you.
The firm investigates the property conditions that caused your fall, identifies all liable parties, including property owners, management companies, and maintenance contractors, and pursues the full compensation you deserve. That includes current medical bills, future treatment costs, lost wages, loss of earning capacity, and pain and suffering. If a loved one died from complications following a hip fracture caused by someone else’s negligence, the firm also handles wrongful death claims on behalf of surviving family members.
Do not try to handle a hip fracture claim on your own. To file a successful premises liability claim after a slip and fall accident in Illinois, the injured party must establish several key elements. These requirements are grounded in the Illinois Premises Liability Act, which outlines the duty of care owed by property owners to individuals lawfully on their premises. Proving those elements requires legal knowledge, investigative resources, and courtroom experience. A slip and fall lawyer at Briskman Briskman & Greenberg will guide you through every step of the process and fight for the outcome you deserve. Call today for a free consultation.
FAQs About Chicago Hip Fractures From Slip and Falls
Who is liable if I broke my hip in a slip and fall on a Chicago sidewalk?
Liability depends on where the fall happened and who controls that property. Chicago sidewalks adjacent to private property are often the responsibility of the abutting property owner under city ordinance. If the sidewalk is part of a public park or city-owned area, the City of Chicago may be liable, though special notice requirements apply to claims against government entities. An attorney can identify the right party to pursue based on the specific location and circumstances of your fall.
How much is a hip fracture slip and fall case worth in Illinois?
There is no fixed value for a hip fracture case. The amount depends on the severity of the injury, the cost of surgery and rehabilitation, how much work you missed, whether you have permanent limitations, and the strength of the evidence against the property owner. Hip fracture cases often involve significant compensation because the injuries are serious and long-lasting. An attorney can evaluate your specific situation and give you a realistic picture of what your claim may be worth.
Can I still recover compensation if I was partly at fault for my fall?
Yes, in most cases. Illinois uses a modified comparative negligence rule. As long as you are found to be less than 50% at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $200,000, you would recover $160,000. An attorney can help minimize any fault assigned to you and maximize your recovery.
How long do I have to file a hip fracture lawsuit in Illinois?
Illinois law gives you two years from the date of the injury to file a personal injury lawsuit. Missing this deadline almost always means losing your right to sue entirely. If the fall happened on government property, the timeline for filing a notice of claim may be even shorter. Do not wait to speak with an attorney. The sooner you act, the better your chances of preserving evidence and building a strong case.
What evidence do I need to prove a hip fracture slip and fall claim?
Strong evidence typically includes photos or video of the hazard that caused your fall, surveillance footage from the property, an incident report filed with the property owner, witness statements, and your complete medical records documenting the hip fracture and its treatment. Maintenance logs showing the property owner knew about the dangerous condition but failed to fix it are especially valuable. An attorney can help gather and preserve this evidence quickly, before the property owner repairs the hazard or footage is overwritten.
More Resources About Types of Slip and Fall Injuries (Medical)
- Chicago Traumatic Brain Injuries From Slip and Falls
- Chicago Concussions From Slip and Fall Injuries
- Chicago Skull Fractures From Slip and Falls
- Chicago Spinal Cord Injuries From Slip and Falls
- Chicago Back Injuries From Slip and Falls
- Chicago Herniated Disc Injuries From Slip and Falls
- Chicago Paralysis From Slip and Fall Injuries
- Chicago Broken Hip Injuries From Slip and Falls
- Chicago Broken Arm Injuries From Slip and Falls
- Chicago Broken Wrist Injuries From Slip and Falls
- Chicago Broken Leg Injuries From Slip and Falls
- Chicago Knee Injuries From Slip and Falls
- Chicago Shoulder Injuries From Slip and Falls
- Chicago Soft Tissue Injuries From Slip and Falls
- Chicago Internal Injuries From Slip and Falls
- Chicago Facial Injuries From Slip and Falls
- Chicago Dental Injuries From Slip and Falls
- Chicago Fatal Slip and Fall Injuries
- Chicago Wrongful Death From Slip and Fall Injuries
SEEN ON: