As we head into the spring and there is an increased chance of precipitation creating wet conditions all over the state, businesses all over Illinois will have to place an increasing emphasis on making sure that their property is safe. Dangerous property conditions are a common cause of most slip and fall accidents, and people can suffer severe injuries in these cases.

A slip and fall accident can often be a very confusing ordeal for most people because there can be considerable stress about how a person goes about recovering financial compensation for their injuries. The unfortunate truth in many of these cases is that businesses often claim that people were at fault for their own accidents, and there is often a refusal to pay anything.

Slip and Fall Lawsuit Process

Under 735 Illinois Compiled Statute (ILCS) § 5/13-202, actions for injuries to any person must be commenced within two years of the date of an accident. Simply put, a person is only going to have two years to file a legal claim, and people should not wait to seek legal help because waiting too long might not give a lawyer enough time to investigate a case.

The 2022 DUI Fact Book from the Illinois Secretary of State establishes that there were 20,131 driving under the influence (DUI) arrests in 2020, and the 254 people killed in alcohol-related crashes represented 21 percent of the 1,195 total crash fatalities. There is little doubt that drunk driving accidents not only have the potential to cause serious injuries, but people often die in these collisions.

Both people who suffer injuries and family members who lose loved ones are entitled to seek compensation from drunk drivers in these cases. The Fact Book also noted that 86 percent of people arrested for DUI in Illinois are first-time offenders, so many drunk driving accidents are the result of people not properly gauging their intoxication levels.

Illinois DUI Laws

A person is considered to be under the influence in Illinois when they have:

When Buffalo Bills player Damar Hamlin went into cardiac arrest on the field on January 2, it was an alarming reminder of the need for people who can help oversee important medical decisions when a person becomes unable to care for themselves. A power of attorney is a powerful legal document that designates an agent to perform specified actions, including making health care decisions.

The Illinois Power of Attorney Act became law as 755 Illinois Compiled Statute (ILCS) 45/ and provides that the requirements for a power of attorney are an agent being designated with a written description of their powers, a properly signed power of attorney document that is signed by the principal that is properly witnessed by a person at least 18 years of age, and a principal acknowledging and identifying their own signature and having the document notarized. Only individuals of sound mind who are mentally competent can legally sign and appoint a power of attorney.

Types of Powers of Attorney

Illinois generally recognizes four kinds of powers of attorney:

As the weather turns to snow during the winter months, there is bound to be an increase in the number of wet floors in establishments all over Illinois. Business owners need to take steps to ensure that their guests are not at risk of slipping and falling. Slip and fall accidents are one of the most common kinds of personal injury claims in the United States. Individuals who are hurt in slip and fall accidents may seek financial compensation for damages such as medical expenses and lost income.

When a person slips or trips and falls in a public place such as a restaurant, a shopping mall, or any other business, then the property owner or manager may be liable for damages under the Premises Liability Act found in 740 Illinois Compiled Statute (ILCS) § 130/1. The owners of private residences may also be liable for damages. Typically, a property owner’s insurance company is ultimately responsible for the damages. 

How Slip and Fall Claims Work

Property owners and managers have a legal obligation to keep their properties in reasonably safe condition. If there is an unsafe condition on the property, the owner should warn any visitors to the property so they can take steps to avoid injury. 

Illinois has seen a flurry of news stories about pedestrian accidents recently that have alarmed many people who walk to and from destinations. This fall, a 43-year-old Aurora woman was flown to the hospital after being hit by the passenger side mirror of a passing truck. A 47-year-old woman was killed after being hit by a car while attempting to cross Algonquin Road in Lake in the Hills. On November 4, a 16-year-old student was taken to Lutheran General Hospital with possible head injuries was struck by a car Friday at the intersection of Dundee Road and Arlington Heights Road.

Pedestrian Accident Injury Claims

Pedestrians are far more susceptible to serious injury in motor vehicle accidents because there is no vehicle to protect them and limit the damage associated with a collision. A pedestrian will not have the benefit of a vehicle frame, seatbelt, airbag, or any protections.

Pedestrians can suffer injuries that may include broken bones or fractures, spinal cord injuries, or traumatic brain injuries (TBIs). The same people who suffer these injuries can face many months or even years of rehabilitation and aftercare.