Compensation After a Sidewalk Accident in Illinois

 Posted on April 04, 2024 in Premises Liability

Sidewalks are essential to our daily lives, providing a safe and convenient way for pedestrians to navigate cities and towns. However, when sidewalks are not properly maintained, they can become hazardous and lead to severe accidents. In Illinois, property owners are legally responsible for ensuring that their sidewalks are safe for public use. If you have been injured in a sidewalk accident, it is crucial to understand how to determine liability and pursue compensation for your losses. An Illinois lawyer can help you figure out if you have potential for a case.

Understanding Property Owner Liability

In Illinois, property owners are generally responsible for maintaining the sidewalks adjacent to their property. This includes both private property owners and municipalities. The Illinois Sidewalk Law states that property owners have a duty to exercise reasonable care in maintaining their sidewalks to prevent pedestrian injuries.

To hold a property owner liable for a sidewalk accident, you must prove that:

• The property owner had a duty to maintain the sidewalk
• The property owner breached that duty by failing to maintain the sidewalk properly
• The breach of duty caused your injuries
• You suffered damages as a result of the injuries

Common Sidewalk Hazards

Several types of sidewalk hazards can lead to accidents and injuries. These include:

• Cracks, holes, or uneven surfaces
• Ice, snow, or other slippery substances
• Debris or obstacles on the sidewalk
• Inadequate lighting
• Protruding objects or tree roots

If you encounter any of these hazards and suffer an injury, document the scene by taking photos and, if possible, obtaining witness contact information.

Pursuing Compensation for Your Injuries

To seek compensation for your sidewalk accident injuries, you must file a personal injury claim against the responsible party. In Illinois, you generally have two years from the date of the accident to file a lawsuit, according to the statute of limitations.

When filing a claim, you may be able to recover damages for:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability or disfigurement
• Loss of enjoyment of life

To build a strong case, gather all relevant evidence, including medical records, witness statements, and accident scene photographs. It is also highly recommended to consult with an experienced personal injury attorney who can help you navigate the legal process and protect your rights.

Comparative Negligence in Illinois

It’s crucial to understand that Illinois adheres to a modified comparative negligence rule (735 ILCS 5/2-1116), which stipulates that your percentage of fault can decrease your compensation if you are deemed partially responsible for an accident. However, if you are found to be more than 50% at fault, you may be barred from recovering any compensation.

Contact a Waukegan, IL Personal Injury Attorney

Sidewalk accident cases can be complex, and it is crucial to have legal representation on your side. A Lake County, IL personal injury lawyer can help you investigate the accident, determine liability, and pursue the compensation you deserve. Salvi & Maher have over 85 years of combined experience. Call [[title] at 847-662-3303 for a free consultation.