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What Must I Prove to Get Compensation for Slip and Fall Injuries?

Posted on in Premises Liability

Barrington personal injury lawyerIn a split second, a slip and fall accident can cause agonizing injuries. If you or a loved one were hurt in a slip and fall or trip and fall accident, you may be interested in seeking compensation for your damages. Medical expenses, lost wages, pain and suffering, and other damages may be recoverable through a premises liability claim. To receive compensation, however, you will need to prove that your injuries were caused by the property owner’s negligence.

Property Owner Negligence in a Slip and Fall Accident

Slip and fall accidents can lead to painful injuries that incur a massive amount of medical debt. Many slip and fall accident victims are also left unable to work or complete daily responsibilities because of their injuries. Financial compensation for these physical injuries and other losses may be available through a premises liability claim. However, the burden of proof in a slip and fall case is on the person seeking damages. This means that you and your attorney will need to demonstrate that the property owner or property occupier’s negligence caused the accident.

A property owner may be considered negligent if he or she allowed lawful visitors to the property to be exposed to unreasonable dangers. Some unsafe conditions that may lead to slip and fall accidents include:

·        Torn carpeting

·        Loose rugs

·        Uneven or broken floor tiles

·        Slippery floors from spilled liquid or floor wax

·        Uneven pavement

·        Broken concrete

·        Electrical cords across walkways

·        Cluttered hallways

·        Debris on the floor

Causation and Damages

In addition to proving that the property owner or occupier allowed an unsafe condition to exist on the property, you will also need to prove the connection between the unsafe condition and your injuries. Proving causation is often more complicated than it initially seems. For example, the defendant’s legal team may argue that your injuries predated the slip and fall accident. Proving causation is especially difficult if the fall exacerbated a pre-existing medical condition.

You and your lawyer will need to show that you sustained damages because of your slip and fall accident. Damages include financial losses as well as non-financial losses such as your physical pain and the impact of the accident on your mental health. Personal injury lawyers often use evidence such as surveillance camera footage and eyewitness testimony to establish the elements needed to win a slip and fall case. Medical experts and accountants may also be used as “expert witnesses” who can confirm the extent of the injured person’s injuries and damages.  

Contact a Lake County Slip and Fall Lawyer

To recover financial compensation for slip and fall injuries, you will need to show that the property owner or occupier’s negligence caused your injuries and that you suffered damages. A Barrington personal injury attorney can help you gather evidence to demonstrate these elements. Call Barrington Injury Attorneys at 847-381-8700 for a free, confidential case review.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57

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Barrington Injury Attorneys

224 West Main Street, Barrington, IL 60010

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