If you sustained an injury in a slip and fall accident, you could be entitled to recover damages for your pain and suffering. Property owners have a duty to provide a safe environment for visitors as well as clear warnings for any hazards that are present. A skilled Detroit slip and fall lawyer can discuss your options with you if you’ve been injured due to misconduct or negligence and help you build your case to get the compensation you’re owed.
Our personal injury lawyer team at Wigod & Falzon has experience navigating state laws and processes surrounding slip and fall claims in the Michigan Circuit Court, so we’re prepared to build a strong case to earn you a fair outcome in court.
Under Michigan slip and fall law, property owners are required to maintain their property to keep visitors safe while on the premises, which means you maintain certain rights if you’re injured on someone else’s property or due to someone else’s misconduct or negligence. In the case that there is an identifiable hazard on the premises, the property owner must provide ample warning to all guests of the danger through warning signs and other means.
In 2022, slips, trips, and falls were the third most common fatal work events in Michigan, accounting for 19 percent of all fatal work injuries. Across the country, 46,653 people died from falls at home and at work. A portion of these deaths was due to the fault or negligence of another party. It’s important to understand how to identify potential premises liability cases, like slip and fall accidents, that can allow you to recover damages for your injuries.
If you’re planning to file a slip and fall claim in Michigan, the first step is to file an incident report with the property owner. While not required, it’s an important step to take to demonstrate that an accident did occur and you brought it to the property owner’s attention. Be sure to retain a copy of this report so you can use it as evidence down the road if necessary. Otherwise, the property owner can use the lack of a report as an excuse to dismiss your case.
It’s also crucial to begin documenting everything and gathering as much evidence as possible to start building your case. Be sure to get copies of your medical reports and any other documents related to your case so you can back up your claim with solid proof.
Working with a Detroit slip and fall lawyer can make filing your claim easier, from the pre-case discovery process to the settlement negotiations and the trial, if it comes to that. The discovery process is important when it comes to slip and fall claims because it allows you to gather information from the other party and any third parties to bolster your claim. Your Detroit slip and fall lawyer can help by employing several discovery methods, including:
Additionally, your attorney can send a notice to preserve evidence to the property owner before you file an official claim. This requires them to keep all evidence related to your accident intact. Some examples of evidence protected under this notice include:
While it’s possible to represent yourself and handle all these steps of the process on your own, it can be beneficial to work with a skilled professional who understands Michigan law and knows how to navigate the Michigan Circuit Court.
You have three years from the date of your injury to file a slip and fall injury claim in Michigan. After this time period, you no longer have the right to seek compensation for an injury. If the injury took place on public property, you must also file a notice of intent to the relevant government agency within 120 days of the incident if you plan to file a claim.
The success of a slip and fall case depends mostly on your ability to prove negligence or misconduct on behalf of another party. Many cases are settled outside of court, but it’s possible to recover damages through the Michigan Circuit Court if you can’t reach a settlement agreement. You can increase your chances of success in a slip and fall case by working with a Detroit slip and fall lawyer to gather key evidence and build a strong case.
Slip and fall settlements can vary depending on factors like liability, severity of injuries, and the property owner’s insurance company. In many cases, both parties try to settle a claim outside of court, which involves entering negotiations with the property owner and their insurer. The overall payment amount can depend on things like the cost of your lost wages, medical expenses, pain and suffering, and more.
When it comes to negotiating your settlement amount in a slip and fall case, it’s crucial to have solid evidence to back your claim to improve your chances of success. A Detroit slip and fall lawyer can be highly beneficial when it comes to collecting this evidence and building your case to recover damages, either through reaching a settlement or going to trial.
Recovering from an injury is exhausting enough, especially if you were hurt due to someone else’s actions or inaction. Instead of taking on the legal process on your own, let a Detroit slip and fall lawyer help you work toward a positive court outcome. At Wigod & Falzon, we have experience handling all types of premises liability cases, including slip and fall accidents. Call our office to set up an appointment with our skilled team today.