Slip and fall injuries might sound relatively minor until you start to factor in the various types and the long-term consequences. It’s all dependent on the severity of your injuries. Slip and fall accidents can lead to fractures across various parts of the body, including the hips, wrists, fingers, arms, and even the skull. Victims may also suffer severe head injuries in these accidents, causing long-term issues such as cognitive decline or even personality changes. But the most important thing to remember about slips and falls is that they are rarely “accidents.” The truth is that in most cases, people fall because of hazards that should have been addressed by property owners.
You’re walking through the store—maybe scanning a shopping list or heading toward the checkout—when suddenly, your feet slide out from under you. It’s a jarring moment, and depending on how you fall, the aftermath can range from embarrassment to serious injuries like broken bones or head trauma.
Slip and fall accidents in retail stores are more common than most people think. Common causes include wet floors, uneven tiles, poor lighting, or cluttered walkways—all of which a store owner has a duty to address. But what happens after the fall? Who’s responsible, and what are your next steps?
If you’ve been hurt in a store, getting legal advice right away can help protect your rights. An experienced personal injury attorney can guide you through what to do after the accident, how to document your injuries, and whether you may be entitled to compensation. This guide walks through what to expect—and why early action matters.
Get Medical Treatment
One of the first things you should do after a slip and fall is seek medical attention—whether your injuries seem severe or not. Falls can cause hidden injuries like concussions, internal bleeding, or ligament damage that may not be obvious at first. And due to the adrenaline and shock of the event, your pain could be delayed. Only a trained medical professional can fully assess the extent of your injuries and recommend appropriate treatment.
If you’re unable to stand or experiencing significant pain, don’t try to move. Instead, wait for paramedics to arrive. Store employees should call 9-1-1 immediately. If no one steps in to help, you can make the call yourself or ask a bystander to do so.
Prompt treatment isn’t just critical for your health—it’s also important for your legal case. Medical records provide essential evidence linking your injuries to the accident scene. Without them, it may be difficult to prove the severity or legitimacy of your injuries when negotiating for fair compensation. These records, along with imaging results like X-rays or CT scans, can be used by your fall lawyer to establish the impact of your injuries and support your claim.
Delaying treatment gives insurance companies an opportunity to downplay your injuries or claim they were caused by something unrelated. To protect your health and your case, always err on the side of caution and get checked out as soon as possible.
Report the Incident
Before leaving the scene of a slip and fall accident, notify a store employee or store manager right away. This is a critical first step that creates an official incident report, which can serve as key documentation for your slip and fall claim. Be as specific as possible when describing what caused your fall—whether it was a wet floor, a spilled item, uneven surfaces, or missing warning signs. Ask the store to retain any surveillance footage related to the event, as it can be a valuable piece of evidence later.
Many people hesitate to speak up immediately out of embarrassment or confusion. But if you wait hours—or even days—to report the fall, it becomes much more difficult to prove that it happened on the property. Employees may forget details, hazards may be cleaned up, and store owners may dispute your version of events. In Illinois, premises liability law requires plaintiffs to prove that the business either caused the dangerous condition or failed to address it in a reasonable amount of time. That burden of proof becomes harder to meet without an early report.
If possible, ask for a copy of the incident report or get confirmation that one was filed. This step can make a meaningful difference in your ability to recover fair compensation for your injuries.
Gather Evidence
In addition to reporting the fall, collecting your own evidence at the accident scene can significantly strengthen your personal injury claim. If you’re physically able, take photos or videos of what caused your fall—such as a puddle, hazardous condition, or lack of signage. For example, an image of a spilled drink without a visible wet floor warning can help establish store liability.
Look around for anyone who witnessed the fall and ask for their contact details. Witness statements can support your claim by verifying the condition of the premises, your actions, or the store’s response. It's especially important if the fall occurred in a retail store or parking lot, where surveillance may be limited or obstructed. If possible, jot down names, phone numbers, or even take a photo of their business card or text messages confirming what they saw.
After you've received medical attention, connect with an experienced fall lawyer. Your attorney can take over the investigation, collecting time-sensitive evidence such as video footage or employee records that may support your case. They can also interview witnesses, preserve documentation, and ensure that critical evidence doesn’t disappear during a delay.
The sooner you gather information, the better your chances of holding the property owner accountable—and securing the compensation you need for lost income, medical bills, and pain and suffering.
Find Out Who You Should Sue
After a slip and fall injury, identifying the correct party—or parties—to sue is a critical part of building a successful personal injury claim. In straightforward cases, this might mean filing a lawsuit against the retail store or grocery chain where the incident occurred. But premises liability can get complicated fast.
For example, if you slipped on a wet floor inside a shop located in a shopping mall, you might wonder: is the store liable, or is it the mall’s responsibility? What if the shop owner rents the space, but the hazardous condition—such as a leaking ceiling—was the landlord’s fault?
These scenarios are common, and this is where hiring an experienced fall lawyer becomes essential. A qualified attorney can assess the circumstances and help determine who had the legal duty to maintain safe walkways, address warning signs, or clean up potential hazards.
In many cases, you may be able to name multiple defendants in your claim. This strategy increases the likelihood of a successful outcome and can ensure that you're pursuing compensation from parties who are actually able to pay. For instance, suing a bankrupt business owner might lead nowhere—but suing their landlord or insurance provider could result in a more favorable outcome.
A skilled attorney will help you evaluate your legal rights, determine the strength of your case, and move forward against the appropriate party or parties.
Negotiate for a Settlement
Most slip and fall claims are resolved through out-of-court settlements. That means you’ll negotiate with the property owner, their legal team, and often their insurance company in an effort to secure fair compensation.
The goal of this process is to recover what you’re owed—whether that’s for medical bills, lost income, pain and suffering, or ongoing treatment for injuries like traumatic brain injuries. But make no mistake: the insurance company will be working to protect its bottom line. It’s not unusual for insurers to offer quick but inadequate settlements that barely cover immediate expenses—let alone long-term care or lost wages.
This is where strong legal services make all the difference. A dedicated personal injury lawyer can handle these negotiations on your behalf, leveraging evidence like the incident report, witness statements, medical records, and more to push back on lowball offers.
Negotiations can take time—especially if the insurer is using delay tactics in hopes of wearing you down. But with experienced legal counsel, you’ll have someone in your corner fighting to maximize your compensation and make sure you’re not pressured into settling for less than you deserve.
Once both parties agree on a settlement, you’ll typically sign a release stating that no further legal action will be taken. In return, you’ll receive payment that brings closure to your case and helps you move forward.
Slip and Fall Trials
While most slip and fall claims settle out of court, there are times when negotiations break down. If the property owner or their insurer refuses to offer fair compensation, or fails to engage in meaningful discussions, you may need to take your case to trial.
Slip and fall trials—especially those involving retail store incidents—can be unpredictable. Juries might award substantial damages, or they might side with the defense, leaving the injured party with nothing. These outcomes hinge on the strength of the evidence, the credibility of witnesses, and how convincingly your fall lawyer presents your case.
Trials are often more time-consuming and costly than settlements, but they may be necessary to hold negligent property owners accountable under premises liability law. If your slip and fall case reaches this stage, your attorney will represent you in court, submit key documentation such as the incident report, introduce witness statements, and argue for your right to damages such as pain and suffering, lost wages, and medical expenses.
While going to trial isn’t ideal, it can be a powerful tool when settlement efforts fail. A skilled trial attorney ensures you have a strong voice in the courtroom and increases your chances of securing a favorable outcome.
Where Can I Find a Qualified Slip and Fall Attorney in Illinois?
If you or a loved one has been injured in a fall and are exploring your legal rights, the team at Palermo Law Group is here to help. With extensive experience in premises liability and personal injury claims, our law firm provides compassionate, strategic legal services to help accident victims across Illinois pursue justice.
Whether your injuries occurred in a parking lot, on uneven surfaces, or inside a retail store, we can help you hold the responsible party accountable and recover compensation for lost income, medical expenses, and more—explaining your legal options every step of the way. Our attorneys are prepared to evaluate your slip and fall claim, explain your options, and guide you toward the most effective course of action.
We pride ourselves on building strong attorney-client relationships rooted in trust, communication, and results. During your free case review, we’ll assess the details of your accident and determine whether the property owner breached their legal duty to maintain a safe environment.
Let us handle the legal complexities while you focus on recovery. Contact Palermo Law Group today to schedule your free case evaluation and take the first step toward the resolution you deserve.
Call (630) 684-2332 or visit our website at https://www.palermolawgroup.com/.