woman slips on a wet floor | Coplan and Crane

How Much Is a Premises Liability Claim Worth?

May 8, 2024

If you were recently injured in a fall or other accident on someone else’s property, you may have a premises liability claim. Under Illinois law, owners and tenants can be held liable for accidents on their premises in many cases—and filing a claim is the first step toward recovering compensation for your injury-related losses.

But, before you start the process of filing a premises liability claim, you first need to make sure that your time and effort will be worth it. So, how do you determine the value of your claim?

5 Key Factors for Determining the Value of a Premises Liability Claim

Determining how much your premises liability claim is worth requires a careful assessment of five key factors. These key factors are:

1. What Medical Treatment Have You Needed (and Will You Need) for Your Injuries?

Injuries sustained in a premises-related accident can prove incredibly expensive. Your medical bills will start adding up quickly; and, depending on the severity of your injuries, they could continue to add up for months (if not years) to come.

When you have a premises liability claim, you are entitled to compensation for your present and future medical expenses resulting from the accident. Since your future medical costs could far exceed your out-of-pocket costs to date, it is critical to work with an experienced premises liability lawyer who can help ensure that you seek full coverage for your long-term medical needs.

2. How Much Time Have You Missed (and Will You Miss) from Work?

If your injuries cause you to miss time from work, you are also entitled to compensation for your lost income and benefits. The more time you miss from work, the more you will be entitled to recover.

Calculating compensation for your lost income and benefits requires a clear understanding of your injuries’ long-term effects. Your current wages (or salary) and work schedule will be key factors as well. Just like medical expenses, there is no “standard” amount that premises-related accident victims are entitled to recover for their lost earnings. Instead, the value of your claim will be based entirely on your individual circumstances.

3. What Are Your Other Accident-Related Costs?

Along with medical expenses and lost earnings, if you have premises liability claims in Illinois you can also seek compensation for your other accident-related costs. Here, too, this applies not only to costs you incur through the date you file your claim, but also to costs that you are likely to incur in the future.

4. What Non-Financial Impacts Have Your Injuries Had (and Will Your Injuries Continue to Have) on Your Daily Life?

Illinois’s premises liability laws also allow accident victims to seek compensation for the non-financial costs of their injuries. While individual circumstances vary, this typically includes costs such as:

  • Scarring and disfigurement
  • Pain and suffering
  • Emotional trauma
  • Loss of companionship, consortium, and society
  • Loss of enjoyment of life

The process for calculating non-financial damages after a premises-related accident is very different from the process for calculating direct financial losses. The more you can do to document these costs, the better, and you will want to work with an experienced premises liability lawyer who can use his or her experience to help you seek the full compensation you deserve.

5. Can the Property Owner or Tenant’s Insurance Company Blame You for Your Own Injuries?

Filing a premises liability claim usually involves dealing with the property owner or tenant’s insurance company—and, once you file a claim, there is a good chance that the insurance company will try to blame you for your own injuries.

There is a simple reason why: In Illinois, if you are deemed less than 50% at fault in your premises-related accident, the value of your claim will be reduced based on your percentage of fault (i.e., if you are deemed 25% at fault, you will be entitled to recover 75% of your losses). If you are deemed 50% at fault or more, you will not be entitled to any financial compensation (see 735 ILCS 5/2-1116). As a result, fault is a key factor in determining how much a premises liability claim is worth in Illinois, and it is critical to ensure that the insurance company does not unfairly blame you for what happened.

Speak with a Premises Liability Lawyer in Chicago Today

If you were injured on someone’s property, you may be entitled to compensation for your physical, financial, and emotional losses. The Chicago premises liability lawyers at Coplan + Crane have substantial experience handling these complex cases. We understand the hardships you may be facing and we are committed to helping you recover the maximum compensation to which you may be entitled under Illinois law.

Contact Coplan + Crane today online or at 708-358-8080 for a FREE case evaluation. We serve clients in Illinois, including Chicago, Oak Park, Rockford, and other areas.