Suppose you’re attending a holiday party at a friend’s house. While walking to the backyard, you trip on a broken step, fall hard, and end up with a fractured wrist. Now, you’re faced with medical bills, time off work, and pain that could linger for months. Injuries on someone else’s property can be costly and overwhelming. Knowing when to hire an attorney can make all the difference in securing the compensation you need to recover fully.
Understanding Premises Liability
Premises liability laws hold property owners responsible for keeping their premises reasonably safe for visitors. Whether it’s a private residence, a business, or public property, owners must prevent hazards that could harm others.
Common premises liability cases include:
- Slip-and-falls–Wet floors, icy sidewalks, or uneven surfaces.
- Falling objects–Merchandise falling from store shelves or loose decorations at events.
- Dog bites–Attacks caused by a property owner’s pet.
- Swimming pool accidents–Lack of barriers or proper maintenance leading to injuries.
While not every injury qualifies for a lawsuit, serious accidents often require legal intervention to ensure fair compensation.
When to Hire an Attorney
Hiring an attorney after a premises-related injury can help protect your rights and simplify a complicated process. Here are key situations when it’s best to consult a lawyer:
1. When Liability Is Unclear
Determining who is responsible for your injury isn’t always straightforward. For example:
- Did the property owner know about the hazard but fail to address it?
- Were you partially at fault for the accident?
An attorney can investigate the circumstances, gather evidence, and determine liability, ensuring you aren’t unfairly blamed.
2. When the Injuries Are Serious
Minor scrapes or bruises might not warrant legal action. However, if your injuries require medical treatment, time off work, or result in long-term complications, hiring an attorney is critical. Serious injuries often lead to higher compensation, but insurance companies may resist paying what you deserve without legal pressure.
3. When the Property Owner Denies Responsibility
It’s common for property owners or their insurance companies to deny liability. They may argue:
- The hazard was obvious and should have been avoided.
- You were trespassing or not legally allowed on the property.
- They didn’t have enough time to fix the issue.
An attorney can counter these defenses with evidence, witness statements, and expert opinions.
4. When Negotiating with Insurance Companies
Insurance companies are not on your side. Their goal is to minimize payouts, often offering low settlements or denying claims outright. An experienced premises liability attorney knows how to handle these tactics, negotiate effectively, and, if necessary, take the case to court.
5. When Time Is Running Out
Illinois law imposes a statute of limitations on premises liability claims, meaning you only have a limited time to file a lawsuit. An attorney can ensure your case is filed promptly, preventing you from missing out on the compensation you’re entitled to.
What Compensation Can You Seek?
If you’ve been injured on someone else’s property, you may be eligible for compensation for:
- Medical expenses–Emergency care, surgeries, medications, and physical therapy.
- Lost wages–Reimbursement for income lost due to missed work.
- Pain and suffering–Compensation for physical pain and emotional distress.
- Future expenses–Covers long-term care or ongoing medical needs.
An attorney can calculate the full extent of your damages to ensure you’re not left covering costs out of pocket.
Choose the Right Attorney
Here’s what to look for in a premises liability attorney:
- Experience–A lawyer skilled in handling similar cases successfully.
- Communication–Someone who listens to your concerns and keeps you informed.
- Reputation–Recognized by clients and peers as a trusted advocate.
At Stein & Shulman, we have decades of experience handling premises liability cases and a track record of successful outcomes. The sooner you contact us, the sooner we can start working on your claim.