Chicago Slip-and-Fall Accident Lawyer

A slip-and-fall accident can turn an ordinary afternoon into weeks of pain, stacked medical bills, and missed paychecks while an insurance adjuster looks for reasons to pay you less. If that’s where you are right now, you shouldn’t have to sort out property owner liability, insurance paperwork, and medical bills on your own.

Our team at D&W Law Group is ready to help.

Our Chicago-based law firm has been standing up for the rights of everyday people since 1991. You can count on our knowledgeable attorneys for experienced advocacy, empathetic support and results-focused representation.

If you’ve suffered a slip-and-fall accident in Cook County or anywhere in Illinois, we can help you understand what your case may be worth and what happens next.

Why Chicago Slip-and-Fall Victims Choose D&W Law Group

A slip-and-fall claim usually comes down to a fight over who knew about a hazard and for how long. Having attorneys who have spent decades handling Illinois injury cases matters when an insurance company starts looking for reasons to deny your claim.

• Decades of combined experience: Our founding partners, Lance C. Dale and Scott B. Wolfman, have practiced law in Illinois since 1990 and 1993 respectively, bringing decades of combined experience to every case we take on.
• A financial lens on damages: Attorney Mark Curran III holds a finance degree in addition to his law degree, which he uses to help clients account for future medical costs and lost earning capacity, not just the bills already in hand.
• Service in three languages: We serve clients in English, Spanish, and Polish, so language is never a barrier to getting help after a fall.
• Recognized standing: D&W Law Group is A+ rated by the Better Business Bureau and its attorneys hold memberships in the American Association for Justice and the Illinois Trial Lawyers Association.

Common Causes Of Slip-And-Falls

Slip-and-fall and trip-and-fall accidents can happen on all types of properties. Many different safety hazards that can lead to such falls. Common causes include:

• Food or drink spills in restaurants
• Wet grocery store aisles
• Wet or icy entrances
• Condensation on the floor from ice machines or refrigerator units
• Missing, maladjusted or uneven floor mats
• Cracked or broken sidewalks
• Broken elevators and escalators
• Missing handrails or unmarked steps
• Torn carpeting
• Merchandise on the floor or merchandise falling from shelves
• Exposed electrical wiring
• Unsalted or unshoveled walkways during Chicago’s winter months
• Uneven pavement and potholes near CTA bus stops and train platforms

Our slip-and-fall lawyers are ready to stand up for you when you have been hurt due to such hazards.

The Long-Term Effects Of Such Accidents

Slip-and-falls can have major impacts on your career, family and life. For example, such accidents can lead to:

• Brain trauma: This could weaken your memory and overall cognitive abilities.
• Spinal/back injuries: These could result in lasting pain or even paralysis.
• Fractures: Such injuries, which often come with long recovery times, can deeply impact your everyday routines.
• Deep cuts: They could cause permanent scarring, nerve damage and muscle damage.

Given how long the effects of such injuries can last, you want a legal team that looks past your current medical bills to what your recovery will actually cost over time.

How We Calculate What Your Case Is Worth

A fair settlement in a slip-and-fall case is rarely just the total of your emergency room bill. It also has to account for future treatment, time away from work, and the difference between what you could earn before and after your injury.

This is where attorney Mark Curran III’s background is useful: he pairs his law degree with a finance degree, which shapes how we build the damages side of a case. We work to document not just what you have already spent, but what a serious fracture, a spinal injury, or a lasting mobility problem is likely to cost you over the next 5, 10, or 30 years.

What Should You Do After A Slip-And-Fall?

After a slip-and-fall accident, you’ll want to get medical treatment promptly. Finding and addressing injuries quickly can be critical. Early action can also be essential for preserving your legal rights if you think you may have a slip-and-fall case. Here are some steps you can take on this front:

• Report the injury: Notify the property owner and get their contact and insurance information
• Document the location of the accident: If possible, take pictures or videos of where the fall happened
• Document your injuries: Keep written/photo records of your injuries and the medical treatments you receive
• Reach out to skilled slip-and-fall lawyers: Having experienced advocates on your side can make a huge difference when it comes to understanding, protecting and pursuing your options for compensation

We can help you with every step of seeking justice after a slip-and-fall.

What Duty Do Property Owners Owe To Visitors?

Property owners have a duty to keep their property reasonably safe for visitors. They fail to live up to this duty when they don’t promptly address safety hazards they know of or should know of.

What Do You Need To Prove In A Slip-And-Fall Lawsuit?

To prevail in a premises liability lawsuit against a property owner, you generally need to show that:

• The property owner failed in their duty to maintain a reasonably safe property.
• This failure caused your accident.
• The accident caused you to suffer harm. These are critical things to consider when determining whether you have a slip-and-fall case. Our team can investigate your accident, gather evidence of potential property owner liability and help you assess the strength of your case.

What Must Property Owners Do To Maintain Stairways?

Stairway maintenance is essential whenever dangerous conditions are present. A property owner can be considered negligent if they fail to make necessary repairs. Even if they claim they were unaware of the issue, they may still be liable if the hazard existed long enough that they should have discovered it through routine maintenance.

Examples of necessary stairway maintenance include:

• Fixing loose stair treads
• Replacing broken or missing treads
• Installing and maintaining proper lighting
• Securing handrails or banisters, and repairing or replacing them if they become damaged
• Ensuring staircases comply with regulations for slope, width and other safety standards
• Fixing loose rugs or carpeting, especially at the top of the stairs
• Clearing snow and ice on outdoor staircases

Neglecting stairway maintenance can lead to serious slip-and-fall accidents and severe injuries. These injuries can include broken bones, spinal cord injuries (SCIs), traumatic brain injuries (TBIs) and much more.

In some cases, the accident could even lead to a permanent disability that will affect the victim’s life forever, and they may have experienced significant pain and suffering.

Who Is Responsible For An Improperly Maintained Sidewalk In A Slip-And-Fall Lawsuit?

Typically, either the municipality or the property owner is responsible for maintaining a sidewalk. In some cases, property owners may own the sidewalks, such as in commercial properties where sidewalks connect multiple buildings.

In other cases, such as in residential areas, the local municipality may be responsible for maintaining and updating sidewalks, as individual property owners do not own that section of land. Determining who is liable in your specific case is the first step in seeking compensation.

It is also important to note that when snow and ice removal is not handled properly, tenants or leaseholders may also bear responsibility. In a city like Chicago, where many residents are renters, the terms of a lease may dictate who is responsible for clearing sidewalks.

Many landlords hire external companies for snow removal rather than placing the responsibility on tenants, but not all do. This can create a complex situation where both parties may attempt to shift blame onto the other. That is when it is most beneficial to have experienced legal guidance as you explore your options.

Our team is here to help when you need us most.

Snow, Ice, and Chicago’s Sidewalk Rules

Winter falls raise a legal wrinkle that other slip-and-falls don’t.

Illinois generally does not hold a property owner liable for injuries caused by snow or ice that accumulated naturally, and residential property owners who voluntarily clear snow or ice from abutting sidewalks are shielded from liability unless their conduct was willful and wanton under the Snow and Ice Removal Act.

That protection has limits. A property owner can still be held responsible when the danger is an unnatural accumulation, for example ice that formed because a broken gutter or a poorly graded parking lot kept directing water onto a walkway, or when snow removal itself was done recklessly.

Chicago also layers its own sidewalk snow removal rules on top of state law, putting a duty on owners, landlords, and business tenants to keep the sidewalks in front of their property clear.

If the property involved is owned by the City of Chicago, the CTA, or another government body, a shorter and more technical set of deadlines applies than for a private landlord, so you should talk to a lawyer immediately rather than waiting to see how your injury heals.

Can You Still Bring A Lawsuit If You Were Partially At Fault?

There are many ways a property owner may try to argue that you were, in part, responsible for your slip-and-fall accident. For example, they might claim that you:

• Weren’t paying attention to your surroundings
• Ignored warning signs
• Were somewhere you weren’t supposed to be
• Were running or engaging in horseplay
• Created the safety hazard that caused your accident

If you were partially responsible for an accident, will it bar you from getting any relief? It depends on how at fault you were. Illinois follows a modified comparative negligence system for personal injury claims. Under this system:

• If you were 50 percent or less responsible: You can still get a recovery, but the amount will generally be reduced by your percentage of fault.
• If you were more than 50 percent responsible: You are typically barred from receiving damages. So, it can have very big impacts on your claim if a property owner makes arguments like those noted above. Our slip-and-fall lawyers can help you respond to such accusations in a way that aims to preserve your rights.

What Damages Can You Seek?

There are many ways a slip-and-fall can impact you financially. Thankfully, the law reflects this and makes it possible for victims to pursue a variety of damages. This includes:

• Compensation for past and future medical bills
• Compensation for past and future missed wages
• Compensation for pain and suffering (In Illinois, there is typically no cap on such damages)

Our team is here to advise and guide you on what avenues for compensation may be available to you, given the specifics of your case.

How Long Do You Have To Sue Over A Slip-And-Fall In Illinois?

Under Illinois’s personal injury statute of limitations, you generally have up to two years after the injury to file a slip-and-fall lawsuit against a private property owner. We can help with all aspects of your slip-and-fall claim, including ensuring it complies with important rules such as the statute of limitations.

If your fall happened on property owned or maintained by a government body, such as a city sidewalk, a public school, or a CTA station, a much shorter deadline can apply, so don’t wait to speak with a personal injury lawyer about your timeline.

How Long Does A Slip-And-Fall Case Take?

Every slip-and-fall case is unique, and the timeline can vary significantly based on several factors. A straightforward case might resolve in six to 12 months, while more complex cases could take 18 to 24 months or longer to reach completion. Key factors include:

• The severity and complexity of your injuries can affect treatment duration and settlement negotiations.
• Whether liability is clearly established or disputed by the property owner.
• The willingness of the insurance company to negotiate fairly and promptly.
• The amount of evidence that needs to be gathered and analyzed.
• Whether your case settles through negotiation or needs to go to trial.

Our legal team works as efficiently as the facts allow, without cutting corners on the medical and financial documentation that a strong settlement or verdict depends on.

Contact us for a free consultation if you’re not sure where your slip-and-fall case stands.

What Should You Bring To Your Initial Consultation?

The following materials may be helpful during the initial consultation and can help support your claim:

• Medical records and bills related to your injuries, including emergency room visits, follow-up appointments, physical therapy sessions, and any prescribed medications or medical equipment.
• Photographs or videos of the accident scene showing hazardous conditions, warning signs (or lack thereof) and the overall area where the incident occurred.
• Incident reports filed with the property owner, manager or staff, including any written statements you provided at the time of the accident.
• Contact information for witnesses who saw the fall or conditions that caused it, including their names, phone numbers and any statements they provided.
• Insurance correspondence you have received, including letters, emails or claim numbers from both your insurance provider and the property owner’s insurance.
• Pay stubs, timesheets or employer statements showing missed work and lost income due to your injuries and medical appointments.
• Documentation of any out-of-pocket expenses related to your injury, such as transportation costs to medical appointments or costs for hiring help with daily activities. These materials enable us to provide an accurate assessment of your case and begin developing a strong legal strategy immediately.

How Are Legal Fees Handled?

We handle slip-and-fall cases on a contingency fee basis, which means:

• You pay no upfront costs or hourly fees.
• Our firm only receives payment if we successfully recover compensation for you.
• Payment is typically calculated as a percentage of the settlement or verdict amount.
• You can pursue justice without worrying about immediate legal expenses. 

During your consultation, we’ll explain our fee structure in detail and answer any questions about the financial aspects of your case.

Filing Your Slip-and-Fall Case In Cook County

Most Chicago slip-and-fall lawsuits are filed in the Circuit Court of Cook County at the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602.

The Daley Center houses the court’s Law Division, which hears civil suits for recovery of monetary damages in excess of $30,000 in the city of Chicago , the range where most serious slip-and-fall injury claims fall.

Claims seeking less than that Law Division threshold are instead handled in the Circuit Court’s Municipal Department, also based at the Daley Center. Where your case gets filed can affect everything from the discovery schedule to how quickly it moves toward trial, which is one more reason to have a lawyer file it correctly the first time.

Case Results

Results depend on the facts of each case, but these outcomes reflect the kind of recoveries our attorneys have secured for injured clients across personal injury matters:

Prior results do not guarantee a similar outcome.

Serious Lawyers For Serious Injury Cases

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Frequently Asked Questions

Do I need a lawyer right after a fall in a Chicago store or building?

You don’t need one to get medical care, but you should talk to a lawyer before you give a recorded statement to a property owner’s insurance company. Adjusters often ask questions designed to shift blame onto you early, before you’ve had a chance to review your own evidence.

What if I slipped on ice on a Chicago sidewalk in front of a business?

Commercial property owners in Chicago have a legal duty to keep the sidewalks in front of their business reasonably clear of snow and ice, unlike some of the protections that apply to homeowners. If a business failed to clear a known hazard within a reasonable time, it may be liable for your fall.

Can I sue if I fell at O’Hare, Midway, or on a CTA platform?

Possibly, but claims against airports, the CTA, or other public entities move on a different and often shorter timeline than claims against a private business. Speak with a lawyer as soon as possible so your claim isn’t cut off by a missed deadline.

What if the property owner says I was trespassing or shouldn’t have been there?

This is a common defense tactic, and it doesn’t automatically end your case. Whether it succeeds depends on facts like whether the area was open to the public and whether the hazard was hidden or obvious.

Will my slip-and-fall case go to trial?

Most personal injury cases in Illinois settle before trial, but we prepare every case as if it could go before a jury. That preparation is often what pushes an insurance company toward a fair settlement instead of a lowball offer.

How much does it cost to hire a slip-and-fall lawyer?

We handle these cases on a contingency fee, so you pay nothing upfront and we only get paid if we recover money for you. Speak with a lawyer during your consultation about how the fee is calculated for your specific case.

What’s the difference between suing a private landlord and suing the City of Chicago?

A private landlord claim generally follows Illinois’s standard two-year filing window, while a claim against the CTA follows the separate one-year deadline under the Metropolitan Transit Authority Act, and a claim against the city or another local public body follows the separate, shorter rules that apply to government defendants.

The property owner’s identity can change your entire timeline, so it needs to be confirmed early.

Do I still have a case if I was partly to blame for my own fall?

Yes, as long as you were 50 percent or less at fault for the accident under Illinois’s modified comparative negligence rule. Your recovery would be reduced by your percentage of fault, but you would not be barred outright.

Talk To A Chicago Slip-and-Fall Accident Lawyer Today

A fall that wasn’t your fault shouldn’t leave you covering someone else’s mistake. Our attorneys serve clients in English, Spanish, and Polish and are ready to walk you through what comes next.

Contact us for a free consultation about your Chicago slip-and-fall accident.