Personal Injury Lawyer Normal | How to pursue a slip and fall case

To prove a slip and fall claim in Illinois, several elements need to be established. You need to document the accident, obtain evidence, and collect medical and other relevant records. If you’ve been in a slip and fall in Illinois, our personal injury lawyer Normal can help you navigate the legal process and make sure you position yourself to get the compensation you deserve. Contact Kelly & Castagna at 309-820-0600 today for a consultation. 

It’s important to document the hazardous condition that caused the injury. This can be done through taking photographs or videos of the scene, obtaining witness statements, and collecting any other available evidence. Also, medical records documenting the injuries suffered in the slip and fall accident are essential to prove damages. It is highly recommended to seek medical attention as soon as possible after the accident to record any injuries and to receive treatment.

Also, it’s necessary to establish the duty of care owed to the victim by the property owner or controller. And it needs to be proven that the duty was breached by failing to properly maintain the property or notifying visitors of the dangerous condition. For instance, if the floor was wet, it needs to be determined how long the condition existed before the accident occurred and whether the property owner had reasonable time to fix the issue or warn visitors. 

An experienced personal injury lawyer Normal can help investigate and evaluate these elements, and build a strong case based on the evidence. By taking appropriate steps following the accident, such as seeking medical attention, gathering evidence, and working with an attorney, individuals can help increase their likelihood of proving their slip and fall claim and achieving fair compensation for their damages.

Do I have to prove that the property owner was negligent

If you are considering filing a slip and fall case, there are some important questions that will help you determine whether or not it is worth pursuing. First, do I have to prove that the property owner was negligent? 

In Illinois, you need to show that defendants caused the danger or that they knew the dangerous conditions existed that were responsible for your slip and fall accident. Property owners have a duty to provide a safe environment for people who enter the property. Reasonable care must be taken to protect invited guests from potential risks of harm and injury. If a person suffers injuries on the property due to a breach of this duty, the owner may be held liable for injuries. 

Under premises liability laws, there are specific incidents where an owner is responsible for a slip and fall accident that occurs on their property. To prove a property owner liable you need to show they:

• Created a dangerous situation that led to the slip and fall accident
• Awareness of a potential hazard, but took no action to fix it
• Potential awareness of a property hazard in an area with obvious injury risks

Hiring an attorney for one of these cases is generally your best bet. There are many things you have to prove in order to have a viable claim. Our personal injury lawyer Normal will make sure that you have everything in order to get fair compensation for your slip and fall injuries. 

What the other side will try to prove

Because falls often occur through a normal course of events, proving liability in a slip and fall accident can be difficult. The other side will try to prove that the injured party contributed to their own accident. They will present evidence or testimony that the victim was reckless or didn’t pay attention to their surroundings. 

The goal is to prove the plaintiff is at fault or that there is shared blame. This is known as comparative negligence, which looks at the degree to which the plaintiff and defendant are at fault. If the property owner is proven negligent in their actions, then the insurance company and the defendants attorneys will use comparative negligence. This may reduce the amount of damages awarded if the plaintiff is found to be at fault to some extent. 

Whether you are the plaintiff or defendant, our attorneys at Kelly & Castagna have vast experience with these types of cases. Our personal injury lawyer Normal will work with you to gather all the facts and make sure you have a strong case.