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This content is for informational purposes only and is not intended to provide legal advice.
After a trip and fall accident, a Chicago victim may be able to recover damages, also known as compensation, from an at-fault party. Damages may cover the full extent of a plaintiff’s losses, including lost income, medical bills, and emotional distress. To win damages, however, one must establish the other party’s fault for the accident.
Establishing Fault for Chicago Trip and Fall Accidents
The defendant in a trip and fall case is the party who caused the victim to be harmed. Typically, a defendant is a person or organization that owns the property on which an accident occurs. If a property owner hires someone to oversee things, they may also be named as a defendant. For instance, a contractor might be hired to shovel snow and clear ice from a store’s parking lot. The contractor, then, is responsible for ensuring the area’s safety. With help from Abels and Annes, victims can find and name defendants.
Assessing Damages
After the responsible party is found and liability is determined, a Chicago trip and fall attorney will assess damages by gathering important documentation. In most cases, the lawyer’s first step is to examine the victim’s medical bills and future treatment plans. Attorneys will also gather information about the person’s lost income if they missed work because of the injury. Because such losses have a monetary value, they’re considered economic damages.
A trip and fall victim may also be able to recover non-economic damages in their case. An attorney will evaluate the person’s pain and suffering, noting how the accident has affected their quality of life. When there’s a high likelihood of pain and suffering in the future, depending on the prognosis, it’s considered during a trial or settlement negotiations.
Punitive damages are quite rare in Chicago trip and fall cases, but Illinois courts may give them if a defendant’s conduct is grossly negligent or even intentional. The purpose of punitive damages is to punish the entity or individual responsible for the incident and to deter further bad behavior. For instance, punitive damages may be awarded if several people have fallen on a property and its owner didn’t do anything to resolve the issue.
What to Do After a Trip and Fall Accident
After a person has tripped and fallen, it may help for them to take pictures of the conditions in which the accident occurred. If they are unable to take photos, a family member or friend can document the dangerous condition for them. Ice and spills might not be around for very long after an incident, so it’s important to document the scene as soon as possible.
Additionally, a slip and fall victim should seek prompt medical attention. Even if the injury seems to be minor, the extent of the bodily harm may not be apparent right away. An injured person should visit a doctor, be evaluated, and follow the physician’s orders.
Finally, a Chicago trip and fall victim should think about hiring a legal counselor for help with an economic recovery. Personal injury cases are complex, and every case is different. Insurance companies work diligently to reduce the value of potential settlements, but an attorney will advocate for you and negotiate on your behalf. Call or click today to schedule a no-obligation consultation with a trip and fall attorney in the Chicago area.
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