Slip and falls commonly occur in grocery stores or locations prone to liability involving poor weather conditions. Cases can sometimes be complex because they will require the injured individual to prove their injury was due to the negligence of another.
For personal injury cases, the statute of limitations is two years. Claims need to be filed within this period, so it is important to file as early as possible with the help of a skilled slip and fall attorney. A Chicago slip and fall case process can be simplified with the help of a skilled Chicago lawyer.
Beginning a Slip and Fall Case
When beginning the Chicago slip and fall case process, the burden is on healthcare providers to determine whether preexisting conditions caused your injury. As long as a treating physician determines that the fall caused the injury, you can present a claim against the owner or the occupier of the land for that injury. It can delay settlements because the case cannot resolve until all the injuries are known and all of the medically-necessary treatment occurred. Once the case settles and a release executed and settlement payment made, the plaintiff will likely can preclude from asserting any claim for any additional injuries that may arise.
It is important for those injured to take pictures of the accident scene that clearly show what caused the slip-and-fall. They should then contact an attorney immediately. Pictures of the accident scene are most important as well as any medical bills that they incurred up to that point and will be essential in the process of their Chicago slip and fall case later on.
Dropping or Rejecting a Slip and Fall Case
Rejections happen, as slip-and-fall cases are more difficult to present than some other areas of personal injury law; usually because of the need to show why the slip-and-fall occurred. Sometimes, people just slip and fall because of their own fault and their own inability to keep themselves steady.
The slip-and-fall must be attributed to the owner or occupier of the land. The fall must be the result of the owner’s negligence, not a condition or situation created by the person who slipped and fell.
The owner or the occupier of a land only incurs liability for injuries directly caused by the slip-and-fall and their breach of their duty of reasonable care. If a person slips and falls and receives an injury and then, because of their condition, slips and falls again; the owner or the occupier of the land is not going to be liable for the second injury.
A losing party can file an appeal. However, the complexity and difficulty of the appellate process dissuades many. It is rare that a plaintiff would file an appeal throughout the process of a Chicago slip-and-fall case. A Chicago slip and fall case can be appealed by filing a notice of appeal. Usually, one can only appeal the final decision of the court and only raise certain issues.
Contacting a Chicago Slip and Fall Lawyer
Contact a Chicago slip and fall lawyer immediately after the accident. Certain evidence needs preservation, like pictures. Ensure appropriate reports filed with the owner or the occupier of land, especially if in a national chain store. Contact a manager and make sure to file a report.
Seek the medical care needed immediately after the accident. Often times, a slip-and-fall case can cause soft tissue injuries that will create an escalating amount of pain over several days and, left untreated, can cause more harm to the individual than if addressed and treated very early on.
To protect your rights take the necessary steps to address injuries, contact an attorney today. Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well. We look forward to hearing from you.