Fall Injury Attorneys in Chicago
A harsh fall can result in some serious injuries that could last a lifetime. No matter what the setting or circumstances surrounding your fall, we are all vulnerable to suffering injuries from a severe fall. When you suffer from fall injuries due to someone else’s negligence, you can pursue a legal claim against them in order to be compensated for your damages and injuries.
At Mike Agruss Law, we have helped thousands of clients to seek justice and compensation for personal injuries in Chicago, and you won’t owe us a penny for our services unless we win your case. If you or a loved one has been injured due to a fall, contact our office today for a free consultation.
Types of Fall Injuries
- Bruises
- Cuts and scrapes
- Concussions or traumatic brain injury (TBI)
- Sprains and strains
- Broken bones
- Spinal cord injuries
- Neck and back trauma
- Disability and permanent scarring
Who Is Liable?
A fall accident can be traumatizing and costly to deal with in the aftermath. Whether it was a spill on the floor that caused you to fall or a fall from a great height on a construction site, the injuries can all be an enormous stressor in your life. With our help, we will pursue a legal claim against the party liable for your fall. It is important to keep in mind that the statute of limitations for a personal injury case is two years in Illinois. This means that you must file your claim within two years from the date of the accident for it to be considered valid and accepted.
These fall injury claims are also typically based on negligence, which requires four elements to be proved in your case. First, you must be able to prove that a duty of care existed between you and the at-fault party. Your attorney will assist and guide you in identifying this party. Then, you must prove that that duty of care was breached, which can be shown by the accident, witness testimonies, and injuries. Then, you must prove that their actions or inactions were the direct and actual cause of the accident that caused your injury. Lastly, you must be able to prove that you did suffer actual damages and injuries which can be proven through medical records and bills, witness testimony, and more.
The liable party in a fall accident can be several potential parties, depending on your specific situation. Commonly, they are oftentimes premises liability or product liability matters.
If you were on someone else’s property, whether that be a friend, family member, or a business, and you slipped or tripped and fell due to a hazard on their property that was not marked as such, the property owner can be liable for your damages. This is considered a premises liability case and is often the basis for many fall accidents. Premises liability cases are based on the idea that a property owner is liable for any hazard on their property that lacks a clear marking or warning. This may be a liquid spill, an extension cord in the middle of a walkway, or poor lighting to cause you to fall to the floor or down a flight of stairs.
The liable party could also be the manufacturer, distributor, or retailer of a product that ultimately caused your fall injury in a product liability case. Product liability cases are based on the idea that you can take action against the party that knew or should have known that their product was defective (by failure to warn on the product, manufacture, or design) before it was released to the public. For example, if you were using equipment on a construction site that had faulty guardrails that caused you to fall a great height, you could pursue this type of claim against them based on their negligence in making and releasing the product.
Damages That Can Be Recovered
Fall injuries can be costly to pay for, especially when they are sudden and unexpected due to someone else’s actions or inactions. It can be frustrating to deal with, but we hope to alleviate some of that financial burden for you after a successful claim. One of our experienced attorneys will work tirelessly with you to protect your rights and get these medical expenses out of the way through a successful claim or lawsuit. Some damages that you can recover after injuries from a fall include the following:
- Medical expenses
- Lost wages
- Future loss of earnings
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
If you or a loved one has been injured due to a fall, contact our office today for a free consultation.
