When you slip and fall, the question is: who’s responsible for your injuries? You or the property owner? The answer to this question may vary from state to state. If you’ve been in a slip and fall in Illinois, our personal injury lawyer Skokie Illinois can help you navigate the legal process and determine your next steps. Contact Carlson Bier Associates today for a consultation at 312-622-2900.
In some states, the burden of proof lies with you. In others, it lies with the property owner. In both cases, however, there are certain things that you need to prove in order to win your case, regardless of where you live. There are a few things that will help you decide whether or not it makes sense for you to pursue a claim against someone else after suffering injury due to a slip and fall accident.
Do I have to prove that the property owner was negligent
If you are considering filing a slip and fall case, there are some important questions that will help you determine whether or not it is worth pursuing. First, do I have to prove that the property owner was negligent?
In Illinois, you need to show that defendants caused the danger or that they knew the dangerous conditions existed that were responsible for your slip and fall accident. Property owners have a duty to provide a safe environment for people who enter the property. Reasonable care must be taken to protect invited guests from potential risks of harm and injury. If a person suffers injuries on the property due to a breach of this duty, the owner may be held liable for injuries.
Under premises liability laws, there are specific incidents where an owner is responsible for a slip and fall accident that occurs on their property. To prove a property owner liable you need to show they:
- Created a dangerous situation that led to the slip and fall accident
- Awareness of a potential hazard, but took no action to fix it
- Potential awareness of a property hazard in an area with obvious injury risks
Hiring an attorney for one of these cases is generally your best bet. There are many things you have to prove in order to have a viable claim. Our personal injury lawyer Skokie Illinois will make sure that you have everything in order to get fair compensation for your slip and fall injuries.
What the other side will try to prove
Because falls often occur through a normal course of events, proving liability in a slip and fall accident can be difficult. The other side will try to prove that the injured party contributed to their own accident. They will present evidence or testimony that the victim was reckless or didn’t pay attention to their surroundings.
The goal is to prove the plaintiff is at fault or that there is shared blame. This is known as comparative negligence, which looks at the degree to which the plaintiff and defendant are at fault. If the property owner is proven negligent in their actions, then the insurance company and the defendants attorneys will use comparative negligence. This may reduce the amount of damages awarded if the plaintiff is found to be at fault to some extent.
Whether you are the plaintiff or defendant, our attorneys at Carlson Bier have vast experience with these types of cases. Our personal injury lawyer Skokie Illinois will work with you to gather all the facts and make sure you have a strong case.
A personal injury lawyer Skokie Illinois can help you with your case
If you have been injured in a slip and fall accident, it’s important to know what kind of evidence is needed to prove your case. The most common type of evidence that can help you win your slip and fall case:
- Photos taken at the scene of your accident. These photos should show everything from where you fell down to what objects were in the area that might have caused your injury.
- Witness statements describing exactly what they saw when they saw it happening (if applicable). If there was another person around when this happened, make sure they write down their account and sign it so we can use it during court proceedings.
When you hire a personal injury lawyer Skokie Illinois to help you with your case, all evidence you’ve gathered will help them pursue justice for you. In addition, your lawyer will be able to help with the insurance process and make sure that you get all of the compensation to which you are entitled.
File a claim with your insurance company as soon as possible and seek medical attention if necessary. If you decide to hire an attorney for help with your case, make sure that he or she has experience winning these types of cases. The attorneys at Carlson Bier have that experience, have gotten considerable compensation for their clients, and will fight for you. Contact us today.