Slip and Fall Settlements in Chicago, Illinois

Slip and fall accidents can leave victims with serious injuries that disrupt their lives. From missed work to mounting medical bills, the financial impact can be overwhelming. If your injuries were caused by someone else’s negligence, you may be eligible for compensation through slip and fall settlements that cover your losses and help you move forward.

At Rosenfeld Injury Lawyers, we represent individuals who have been hurt in slip and fall accidents on unsafe property. Whether negotiating slip and fall settlements or preparing for trial, our goal is to help you recover the full compensation you deserve. Book a free consultation with a slip and fall injury lawyer in Chicago today.

What are Slip and Fall Accidents?

Slip and fall accidents happen when you are injured in a fall caused by someone else’s negligence. 

The most commonly used example of this is falling in a grocery store. A jar falls off a shelf, shatters, and makes a big mess. The staff know about it but haven’t done what they are supposed to do to keep customers safe. You walk down the aisle, slip, and fall, leaving you with a back and head injury. 

In this case, you may be able to take legal action against the store because they failed to take appropriate actions to keep you safe on their property. This can happen anywhere, and the determining factor is whether the other party should have done something to keep people safe and failed to do so. 

Why Slip and Fall Injury Cases Settle

A slip and fall case likely settles because it limits bad publicity and the settlement amount that the responsible party has to pay out. They get the chance to negotiate the actual amount that they pay out in the settlement, which can be a huge advantage for them.

On the other side, victims welcome settlements out of court because it shortens the amount of time that they have to wait for the money. 

When trying to recover after an injury, the costs of your recovery can build up fast. Doctor visits, other forms of medical care, damaged property, lost wages, and even pain and suffering throughout the experience can create financial problems. 

Gaining access to compensation much faster than going to court can help solve many of these problems. Settlements are a compromise for both sides, and it is important to work with your lawyer to make sure that your needs are covered in any settlement offer that you agree to. 

Types of Slip and Fall Settlements

A slip and fall case that results in a settlement can be structured in several ways. 

A lump-sum payment means that you get all of the money in one big payment. You are more likely to be offered a lump sum payment by a large organization that can afford to pay you everything upfront. However, they may try to negotiate a lower amount so that they can make that payment at one time, and the ordeal can be over for everyone. 

Alternatively, you could receive a structured settlement. Structured settlements are paid out in installments. You can negotiate how often those payments are made and how much is in each payment. 

The advantage of being paid over time is that the total amount can be higher, and you receive a steady stream of money to help with ongoing recovery needs. This is ideal if you expect to need ongoing support, and there may be other tax implications related to receiving money over time. 

Deciding which option is better for you depends on your condition and financial situation. However, you may not have access to both options in every case. Work with your lawyer to negotiate the best type of fall settlement for your needs. 

Factors Affecting Slip and Fall Settlement Amounts 

The value of slip and fall settlements depends on several important factors in each case. When you try to determine how much you can expect to receive in a settlement and how much to negotiate for, start by identifying the value of these factors. 

Severity of Injuries

The severity of the injuries from your slip and fall incident can have a big impact on the settlement value. In general, more severe injuries, such as traumatic brain injuries, spinal injuries, or broken bones, result in higher damage values. The value is taken from damages like medical bills, which have a fixed cost. 

If you are paralyzed, have a lasting injury, need to change professions or retire, or are otherwise disfigured, the value goes up to compensate for how much those damages impact your life. 

Liability and Negligence

The liable party is the one who caused the slip and fall incident, such as a property owner. How their negligence plays into the situation can impact the value of a fall settlement. 

In cases where they are knowingly negligent or have continued to be so over multiple incidents, the judge may award more compensation. That means that you can negotiate more in the settlement since they won’t want to risk that happening in court. 

Comparative Negligence

In Illinois, slip and fall settlements are impacted by the state’s modified comparative negligence rule, as outlined in 735 ILCS 5/2-1116. Under this framework, each party involved in an accident may be assigned a percentage of fault. 

If you’re found to be more than 50% at fault, you are barred from recovering any compensation. However, if your share of fault is 50% or less, your compensation will be reduced by that percentage. 

For example, if you’re awarded $100,000 but found 10% at fault, your final settlement would be $90,000.

This legal standard plays a critical role in settlement negotiations. Defendants and insurers often argue that the injured party was partially responsible in an effort to reduce their payout. An experienced Illinois slip and fall attorney can gather evidence, challenge these claims, and work to minimize any assigned fault so you can secure the compensation you deserve. 

Damages

Compensation is calculated to cover the total value of the damages in your case. In a slip and fall case, damages include any impact on your life that has a financial implication. 

Economic damages, such as medical bills and lost wages, are common examples that have fixed costs. Non-economic damages, such as pain and suffering and emotional distress, do not have a fixed cost and are assigned a value based on the judge’s discretion. 

Insurance Policy Limits

Insurance companies offer settlements for accidents. The limit on an insurance policy can limit how much they offer in the settlement. In general, lower policy limits mean less is offered in the settlement. 

Front their perspective, the policy limit is the maximum that they should be liable for. That may or may not be true, depending on the circumstances of the case. Working with a lawyer may give you better options in negotiating with an insurance company. 

What is The Value of a Slip and Fall Settlement?

There is never a way to tell you exactly how much you will get in a fall settlement or any other similar case. Every case is unique, and the factors that influence the settlement amount are different. 

To give clients an idea of what they can expect in a settlement, lawyers review previous cases that are similar. Rosenfeld Injury Lawyers has previous cases that can give you an idea of what you could receive in a settlement. 

We have recovered significant settlements ranging from $700,000 to several million dollars. We’ve represented multiple construction workers who fell on-site, with one case settling for $2.6 million. In another case, a client was awarded $1 million for an injury in an office building. We also secured a $4 million slip and fall lawsuit settlement for the family of a client who died in a hospital fall.

These cases are a snapshot of the work that we have done to help make victims and their families whole again. Although they are all different, there is one thing that they have in common: they all benefit from having skilled and experienced lawyers on the case. 

The Slip and Fall Case Settlement Process

Negotiating a slip and fall settlement follows a process. Each step is important, and you can benefit from having an experienced lawyer work with you to make sure everything goes smoothly. This is what the legal process looks like for your slip and fall case. 

Demand Letter

The first thing that your lawyer does is send a demand letter to the insurance company. This letter makes it clear what your intentions are, including your intent to file legal proceedings. This is an important step as it lets the other party know that you are taking action and gives them the chance to take action in response. 

Negotiation

The insurance company will likely open negotiations by offering you a settlement. This initial offer is likely to be significantly lower than what you could win in court. From there, your lawyer begins a negotiation to raise the amount of the settlement offer to an appropriate level. 

Settlement Agreement

The settlement agreement is the contract for the negotiation. When you reach an agreement, both parties will sign the contract. You receive the compensation that you negotiated. However, there will likely be a non-disclosure agreement barring you from speaking about the ordeal. There will also be a release of liability agreement included. 

Release of Liability

The release of liability ends the liability for the at-fault party. Essentially, you receive compensation and agree to no longer hold the other party liable. This stops victims from suing the insurance company and the other party more than once for the same incident. 

Maximizing Your Settlement Value

To get the most out of slip and fall settlements, there are a few things that you can do to ensure that you get what you deserve. 

Document the Damages

Documentation plays a critical role in showing the extent and value of the damages that you suffered. For example, having documentation of the days that you missed work can make it easier to show what the value of a lost wages claim should be. 

Cases with severe injuries may require a lot of medical care, which can be documented through medical records and medical expenses. Provide your lawyer with as much of the documentation as you can so that they can ensure that every expense is covered in a claim. 

Gather Evidence

Any evidence that you can provide is valuable. Things like photos or videos, witness statements, police reports, and medical treatment records go a long way toward contextualizing the damages. The better you can demonstrate the damages that you suffered, the more you can ask for in the settlement. 

Work With a Lawyer

One of the most effective ways of building a strong case is to work with an experienced personal injury attorney. They have the experience and expertise to manage a legal case and negotiate a fair settlement that meets your needs. Choose a lawyer with experience in personal injury cases to give yourself the best possible chance at defending your slip and fall claims.

When to Consider Going to Trial

While negotiating settlements is often the goal in personal injury cases, there are times when it is better to go to trial. If the insurance company is unwilling to offer a settlement that meets your needs, you may be able to win your case in court. That way, you have a chance at getting the compensation that you need to make a full recovery from your slip and fall case. 

Unreasonable Settlement Offers

There is no guarantee that you will be offered a reasonable settlement. Insurance companies often begin with unreasonable settlements to start negotiations. An experienced personal injury attorney can see right through that offer and work to secure a better one.

 Unfortunately, you may have to withdraw from negotiations, file a lawsuit, and go to trial to get fair compensation from the insurance company. 

Disputed Liability

If liability comes into question in your case, you may need the court to resolve liability issues. This can happen when the other party can make a credible argument that the fall accident was your fault. 

If they think they can make a good argument, they may decide to challenge the validity of your claim. The court can rule on who is responsible and move the case forward accordingly. 

Secure Expert Legal Representation!

A slip and fall accident can change your life, which is why it is important to take action to ensure your future. Don’t struggle with the costs of your recovery on your own. Instead, seek help from a personal injury lawyer who can fight to get you fair compensation. 

Rosenfeld Injury Lawyers works with clients who want to file a slip and fall claim. We take every fall case seriously and work hard to get fair compensation. Book a free consultation with an experienced personal injury lawyer by filling out our contact form or calling toll-free at (888) 424-5757. Let us fight to get you the compensation that you deserve. 

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.