Winter in Illinois brings beautiful snowfalls, but it also brings hazardous conditions, especially on neglected sidewalks. A slip and fall on an icy or poorly maintained sidewalk can result in serious injuries, from sprains and fractures to head trauma. If you find yourself in this unfortunate situation, knowing the immediate steps to take can significantly impact your health and any potential legal claims.
Prioritize Your Safety and Seek Medical Attention
Your health is paramount. Even if you feel fine immediately after the fall, some injuries may not present symptoms right away.
Move to a Safe Location: If possible and safe to do so, move off the icy or damaged sidewalk to a safer spot to avoid further injury.
Assess Your Injuries: Take a moment to assess how you feel. Do you have any pain, numbness, or difficulty moving?
Seek Medical Attention: It is crucial to see a doctor as soon as possible, even for seemingly minor injuries. A medical professional can diagnose your condition, provide necessary treatment, and create a formal record of your injuries. This medical documentation is vital for both your recovery and any future legal proceedings.
Document the Scene
While still at the scene, if your injuries allow, gather as much information and evidence as possible. This documentation can be critical in establishing liability.
Take Photos and Videos: Use your smartphone to take clear pictures and videos of the exact location where you fell. Capture the specific hazard that caused your fall, such as ice, snow accumulation, cracks, uneven pavement, or debris. Also, photograph the surrounding area, including any warning signs (or lack thereof), and the general condition of the sidewalk.
Note the Conditions: Make a mental note (or write it down if you can) of the weather conditions at the time of the fall, including temperature, recent snowfall, or ongoing precipitation.
Identify Witnesses: If anyone saw your fall, ask for their names and contact information. Witness testimonies can provide independent corroboration of your account.
Do Not Make Statements: Avoid making any statements that admit fault or downplay your injuries to property owners or their representatives. Simply state the facts of what happened.
Identify the Property Owner
Determining who is responsible for the sidewalk's maintenance is a key step. Sidewalks can be owned and maintained by private property owners, businesses, or municipal entities.
Private Property: If the sidewalk abuts a residential or commercial property, the owner of that property is often responsible for its upkeep, including snow and ice removal.
Municipal Property: Public sidewalks are typically the responsibility of the city or town. However, local ordinances may shift some of this responsibility to adjacent property owners.
Business Property: Sidewalks leading to or on business premises are usually the responsibility of the business owner.
Keep Detailed Records
Maintaining thorough records will be invaluable as you navigate your recovery and any potential legal process.
Medical Records: Keep all medical reports, bills, prescription information, and therapy records related to your injury.
Expense Tracking: Document all expenses incurred due to your injury, including medical co-pays, transportation costs to appointments, lost wages, and any other out-of-pocket costs.
Pain and Suffering Journal: Keep a journal detailing your daily pain levels, limitations, emotional distress, and how the injury impacts your daily life. This can help convey the full extent of your suffering.
Consult with Our Chicago Personal Injury Lawyers
Navigating the complexities of a slip and fall claim can be challenging, especially while recovering from an injury. McNabola & Associates, LLC can assess the specifics of your case, help determine liability, gather necessary evidence, and advocate on your behalf to ensure you receive the compensation you deserve.
If you have been injured on a neglected sidewalk this winter in Illinois, contact us today. Our team is ready to provide professional and trustworthy guidance through this difficult time. Call us at (312) 888-8700 for a free consultation.