Slip and Fall At A Business Analyzed By Injury Lawyer Chicago
Slip and Fall At A Business? Listen to the advice and anlysis of the injury case by an Injury Lawyer Chicago.
The question for us today is from Gloria who passed out and fell downat a funeral home. Here is Gloria’s question:
“I was at a funeral and all of a sudden, I felt a sharp pain and I had to be rushed to the hospital. I fell down. Now I have medical bills that I cannot pay. Is there anything you can do for me?”
Thank you for the question, Gloria. I am sorry to hear that you got hurt.
Proving Negligence in a Slip and Fall Case
You know, in every kind of injury case, we have to prove that the other person or company that we are trying to sue did something wrong and what they did wrong caused your injury.
In a typical fall at a business, we have something which caused the fall. In other words, maybe a freezer was leaking in a gorcery store, which caused a puddle of water. Then, my client stepped into the puddle of water and slipped and fell at the store. Falls at a business have many things in common.
Or maybe the store just waxed the floor but did not close off the shopping aisle or place any signs or warnings.
These are sort of typical scenarios.
Based on the information you gave me, it sounds like you were at a funeral, you became light headed, you passed out and you fell down.
So the question is, under that situation, who is 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. Or in the other examples we talked about above.
Since in every kind of case we have to prove that someone did something wrong and what they did wrong caused your injury, I don’t think you have a case. Unless the funeral home caused you to pass out because of fumes or something, or if the floor was wet or something like that. But based on what you've said, I think you will have a tough time of it.
Now there are two exceptions to that. Here's they are.
First, there is an insurance coverage called "Medical Payments Coverage" or "MedPay" for short.
This is a special kind of insurance coverage for people who get hurt on property. It only covers medical bills up to a certain limit. Many Medpay policies only have limits of $1,000 or $5,000, but sometimes there is more insurance coverage.
This nice thing about MedPay is you do not have to prove the owner did anything wrong. But not every property carried Medpay Insurance. An Injury lawyer can look into that for you.
Second is a big exception: that exception is in Workers Compensation cases.
In Workers Compensation cases in the State of Illinois, all we really have to prove is that you were employed and you were doing your job when you got hurt.
In a Workers Comp case, we don’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 prove is that you were employed and that you were hurt while on the job and the case is actionable.
But in every third-party case – whether it was 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 that was legally responsible for your injuries.
I am sorry I cannot help you with this one, but I can try to collect Medpay for you if there is any. If you'd like to proceed, give me a call. Sometimes, the news that I give clients or potential clients is not great news. But I am always honest.
However, it is better that you know the truth early on than have false hope for a case that we cannot recover on.
Hiring the Right Injury Lawyer
Now, in this section, I want to share with you the right way to hire an injury lawyer in Chicago. Not all lawyers are equally qualified to do a great job in your case. For example, if you wanted work on a copyright or a patent, I am not your guy.
But in injury cases, I am your guy! That is because I’ve chosen to help injured people in my law practice and that is what I have focused on. And I have done alot of good for a lot of folks in cases where there was a slip and fall at a business.
If you are considering hiring an injury lawyer, there are a few things that you should know to make sure that the injury lawyer you hire is the right one for you. The last thing you want to do is to hire a lawyer to solve a problem then find out you hired the wrong person for the job.
The first thing I tell people is hire a specialist. Now, technically, lawyers in Illinois are not allowed to call themselves specialists. But you want a lawyer who does a lot of what you’re hiring him or her to do.
You don’t want a real estate lawyer or an insurance defense lawyer doing your injury case. You want someone who spends a big amount of their time in their law practice focused on helping injured people.
I will put it this way: if my car needed a brake job, I would not want to hire a mechanic who never did a brake job before.
The second thing to look out for is the lawyer’s fee. In workers comp cases, the lawyers fee is usually 20% of what is recovered. In typical personal injury cases, the case is usually 1/3 or 40%.
If a lawyer gives you different numbers or doesn’t want to put your deal in writing, turn around and walk away. In fact, it is ethically required for a lawyer to put his injury representation in writing for you.
Third, if the lawyer gets good reviews from people who have injury cases with them. If you get referred to a lawyer from a former client, then they were probably pretty happy with the lawyer’s work. Don’t be afraid to ask for testimonials or a summary of what former clients had to say.
Check out a lawyers website for this sort of information. Just hiring a guy because you saw him on TV or a billboard is not necessarily a good indication whether he’s going to be the right lawyer for you.
If the lawyer has good reviews and takes time to answer your questions to talk to you, you probably got a good one. Take a little time to make sure you hired the right lawyer the first time.
Shouldn't YOU Have The Best Liked Lawyer, Too?
"Hiring Scott was one of the best moves I have made in my life....5 star first class act who really knows his stuff."
Chicago Personal Injury Law Office Of Scott D. DeSalvo
After you are involved in an accident or a slip and fall at a business, you may feel overwhelmed and be in a state of shock. If you’ve been injured, you may not know what to do or where to turn. Regardless of the severity of the accident, the pain you suffer and any uncertainty you may feel may be too stressful.
It doesn’t matter what kind of accident it was or where it happened, we are by your side. If you’ve been injured in an accident in Illinois, we offer the help you need. Whether you have a case or not, you deserve answers to your questions and some peace of mind.
If you need to speak with a personal injury lawyer about a slip and fall at a business, I hope you will agree I am a good one to call: 312-500-4500.