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Chicago Personal Injury Lawyer Tells How To Prove Fault In An Injury Case

Chicago Personal Injury Lawyer Scott DeSalvo answers a client’s question about a personal injury.

The caller, Gloria, fell at a funeral home. Now she has doctor bills she cannot afford to pay as a result of her fall.

Our next question is from Gloria, who passed out and fell down at a funeral home.

We’re going to be answering her question, but remember, if you have a question you’d like to submit, you can submit the question by email to That’s Or if you’d prefer to call, you can call the number and leave your question at 888-HURT-318. 

Here’s Gloria’s question:

Gloria: Hi, this is Gloria. I was at a funeral, and all of a sudden I felt a sharp pain and I fell and had to be rushed to the hospital. Now I have hospital bills I cannot pay. Is there anything you can do for me?

Scott DeSalvo:  Thank you for the question, Gloria.

I’m sorry to hear that you got hurt.

slip and fall injuryIn every kind of injury case, we have to prove that the other person or the company who we’re trying to sue did something wrong, and that what they did wrong caused your injury. Unfortunately, based on the information you gave me, it sounds like you were just at a funeral, you became lightheaded, and you passed out and fell down.

The question is, under that situation, who’s really at fault for causing you to pass out and fall down? It would be a completely different circumstance if you were walking and tripped on a loose stair or loose carpeting, but here you’re telling me that you got lightheaded and passed out all on your own.

Since, in every kind of case, we have to prove that somebody did something wrong, and what they did wrong caused your injury, I don’t think you have a case.

Now there’s a big exception to having to prove that somebody did something wrong which injured you. That exception is in workers’ compensation cases. In Workers’ Compensation cases in the State of Illinois, all we really have to do is prove that you were employed and doing your job when you got hurt.

In a Comp case, we donWorkers Comp fall at work‘t have to prove that your employer did anything wrong. We don’t have to prove an unsafe condition. We don’t have to prove a dangerous work environment. All we have to do is prove that you were employed and you were hurt while on the job, and the case is actionable.


In every third party case, whether it’s a car crash, a fall down, any kind of injury case that goes to court not at the workers’ comp commission, we have to sue somebody who’s legally responsible for causing your injuries. I’m sorry I can’t help you on this one, but if you have more information and you want to call my office, by all means give me a call.

I would need more information to give you a definitive answer, and so I encourage you to talk to a lawyer who will collect all the details for you.  Even if you cannot sue, the funeral home might have what is called “Medical Payments Coverage” — that means that they will pay a certain amount in medical bills without proof of fault.  Call me or another lawyer to find out more.  Sometimes the news that I give clients, or potential clients, is not great news, but it’s better that you know the truth early on than have false hope for a case that we can’t recover on.

If you have more information, you can call me at 888-HURT-318, or you can contact me at For our viewers who are not Gloria, by all means, if you have a question, please send it to

If you’re not good with the email, you can just call me on my toll-free number at 888-HURT-318. I almost forgot my own phone number. 888-HURT-318.

I’d be happy to speak with you and answer your questions. Or if you would like more information about injury and accident cases, you can order my FREE Injury Book and DVD, which I send out to people via email, or I can mail it to your home, whichever you prefer. You can order it by calling my toll-free number and asking for a copy of the FREE Injury Book and DVD.  Again, 100% free and no obligation

I hope this information helped you.

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