Most people have never been through a personal injury case before. They do not know what to expect, how long it takes, or what their lawyer is actually doing behind the scenes. Let me walk you through a typical Park Ridge slip and fall case from start to finish so there are no surprises.
It starts with the phone call. You tell me what happened, where you fell, and what your injuries are. I will ask you some specific questions. Was there a hazard you can identify? Did you report the incident? Did you take photos? Are there witnesses? Did you see a doctor? Based on that conversation, I will tell you whether I think you have a viable case. If I do, we move forward. If I do not, I will tell you that too. No hard feelings either way.
The investigation phase comes next. I send a preservation letter to the property owner or their insurance company, putting them on notice to keep all evidence, including surveillance footage, incident reports, and maintenance records. We gather your medical records and bills. If there are witnesses, we get their statements. If the property had a known hazard, we pull code violations, prior complaints, and inspection records. This phase takes anywhere from a few weeks to a couple of months depending on how cooperative the other side is.
While the investigation is happening, you are focused on getting better. Go to your doctor appointments. Follow the treatment plan. Do not skip physical therapy because you feel a little better. The insurance company is watching for gaps in your treatment, and every missed appointment is ammunition they will use to argue you are not really hurt.
Once you reach maximum medical improvement, meaning your doctor says you have recovered as much as you are going to, we put together the demand package. This is a detailed letter to the insurance company that lays out everything. The liability evidence showing the property owner was negligent. Your medical records and bills. Your lost wages. Your pain and suffering. A specific dollar amount we are demanding to settle the case.
The negotiation phase is where most cases get resolved. The insurance company will come back with a lower number. We go back and forth. In most Park Ridge slip and fall cases, if the liability is clear and the injuries are documented, we reach a settlement within a few rounds of negotiation. This entire process, from your first call to a settlement check, typically takes six months to a year for cases that do not require surgery, and twelve to eighteen months for cases that do.
If the insurance company will not offer a fair number, we file a lawsuit. That adds time but it also adds pressure. Once a lawsuit is filed, the insurance company knows we are serious and the numbers usually move. The vast majority of cases settle before trial, but I am prepared to go all the way if that is what it takes.
If you fell in Park Ridge and want to know where your case stands, call me at 312-500-4500. I will give you an honest assessment.
Injured individuals have concerns after any sort of injury. Can I win this case? Will the case take forever? What do I have to prove in order to get my doctor costs paid? Will my wage loss be paid? Do I really need to speak to a lawyer? Just how much does a good Park Ridge, IL Slip and Fall Injury Attorney cost to hire?
In this article, I will try to respond to most or all of these concerns for you.
Among the important things that surprise my slip and fall injury clients the most is the information that the insurance company and the insurance company defense lawyer require of them. The insurance company lawyer will utilize every technique in the book to try and fool my client when they provide a deposition or a declaration. That's why I inform my clients to not offer a recorded statement unless they are being represented by a lawyer.
It is not an over statement or exaggeration to state that offering a recorded statement to an insurance company in a slip and fall case is a very bad idea. They will lay a trap, and your case will be worth less money or possibly none at all. That's because insurance company lawyers and insurance adjusters trick you during these statements.
They may inform you that they merely need to learn what happened. However, their real goal is to defeat your claim and pay you no cash for your injuries.
That's the primary reason you require a free consultation with a Park Ridge, IL Slip and Fall Injury Attorney. You can call my office anytime day or night at 312-500-4500. The consultation is totally free. Speak with a Park Ridge, IL Slip and Fall Injury Attorney today!
How much a case deserves is a really typical question I get no matter what type of injury case we are discussing. People who have been hurt in a fall frequently would like to know just how much cash they might get.
All injury cases are evaluated based on how much medical care the injured individual got. Did the injured person in a fall fully recuperate?
Clearly, the larger the injuries and the larger the medical expenses, it is typically true that the case is larger.
In fall down cases, we also need to examine how strong the case is on liability. That's lawyer talk for "can we prove that the problem that caused you to fall was created by the proprietor or that it was present for so long that the property owner should've discovered it and fixed it?"
If a case involves a new issue which was established on residential or commercial property, a Jury and Judge might decide that the property manager did not have sufficient time to deal with the problem and repair it. In that case, you have a challenging case. On the other hand, if the issue was produced by the property manager and after that neglected, you might have an exceptionally strong case for a Park Ridge, IL Slip and Fall Injury Attorney to work and examine on for you.
The bottom line is that with a strong liability case and severe injuries, your only limits are what a Judge and Jury will value your case at. There are no limits on Park Ridge, IL Slip and Fall Cases.
Slip and fall cases are typically deceptively made complex. That's because slip and fall injury cases are harder to prove than a work injury or an automobile accident.
In a car and truck accident case, you only have to prove three things: who caused the crash, what the injuries were, and whether or not the injuries were results of the crash.
Fall down cases are much more complicated. We need to show that the thing that made you fall was an unreasonably dangerous condition. Similarly, we should show that the property owner or manager of the home caused the problem or that the issue or threat existed for so long that they should have found a solution for it.
Landlords and property supervisors and store owners are very crafty when it comes to making premises liability cases difficult to prove for people who were injured in a fall in Park Ridge, IL. That's why talking with a lawyer is a good idea. They have lawyers helping them. Why shouldn't you?
The first thing you require to know is that when you have a slip and fall, there is a reason a great lawyer wants to collect lots of details right from the beginning. Here is what we require to know:
These are the sorts of questions I ask people when they call my workplace regarding a Park Ridge, IL slip and fall case or when they require a Park Ridge, IL Slip and Fall Injury Attorney to tell them whether they have a good case or not.
These are the standard facts that any good lawyer needs to evaluate a fall down injury case.
If you're considering consulting a Park Ridge, IL Slip and Fall Injury Attorney, I would motivate you to get this information together. It will make your consultation far more important to you. It will enable the slip and fall injury lawyer to provide you with the best information about your case.
Park Ridge sees slip and fall accidents in its Uptown area shops and restaurants, grocery stores, medical facilities near Lutheran General Hospital, parking lots, apartment buildings, and on sidewalks. Icy conditions in winter are a significant factor. In Illinois, property owners are responsible for clearing ice and snow within a reasonable time after it stops accumulating.
Yes, if the landlord knew or should have known about the hazard and failed to fix it. Common scenarios: broken steps, leaking roofs creating water hazards, poor lighting in stairwells, or icy walkways the landlord is responsible to maintain. Illinois landlords have a legal duty to keep common areas reasonably safe.
"I didn't know" is the most common defense in slip and fall cases. The legal question is also what they should have known if they had done reasonable inspections. I build the constructive notice argument by obtaining maintenance records, cleaning logs, and prior complaint records from the property. Don't assume their ignorance defense will hold up.
I'd strongly advise against handling it yourself. Insurance adjusters are professionals whose job is to pay you as little as possible. My consultation is free, my fee is contingency, and you pay nothing unless I win. At minimum, call me before you sign anything: 312-500-4500.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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