How a Lawyer Will Help You Win Your Slip and Fall Lawsuit

UPDATE: Michigan Slip & Fall Law has changed. The information on this page was written prior to the change in the law and may be out of date. Please Click Here for updated information on the new law for Slip & Fall cases in Michigan.

If you are injured in a fall on someone else’s property, you may be considering a slip and fall lawsuit. If so, your next step is deciding whether you should hire a lawyer. While we believe there are many advantages to having legal representation, you may want more information before determining what is best for your situation.   

Here are some of the things a slip and fall lawyer does to make sure you receive the compensation you deserve:

A Lawyer Evaluates Your Case and Guides You through the Legal Process Involved in a Slip and Fall Claim

Slip and fall lawsuits are harder to win than many people realize. These cases involve several complex legal issues, and plaintiffs must meet specific conditions in order to win. An experienced lawyer will review your situation and provide a realistic picture of what to expect. This includes how long it should take to resolve your case as well as how much compensation you are likely to receive. And, once your claim is filed, your lawyer will handle all the ensuing paperwork and guide you through the process from beginning to end.

Moreover, if your case does not have the legal merits you need to win, a reputable attorney will advise you against proceeding with a lawsuit. Therefore, it’s worthwhile to consult a qualified personal injury lawyer as soon as possible after your accident.

A Lawyer Understands the Legal Issues Necessary to Win Your Slip and Fall Lawsuit

To win a slip and fall case, you have to meet certain requirements. 

First, you must establish that your injuries were a direct result of slipping (or tripping) and falling on property owned by someone else.

Then, you have to prove that another party was responsible for the hazardous condition that caused you to fall. This is where slip and fall lawsuits become challenging.

Here are some of the legal issues that must be addressed in order to achieve a favorable result:

Proving Negligence In a Slip and Fall Lawsuit

The plaintiff must show that the property/premises owner knew about the hazard and failed to fix the problem within a realistic time period. In addition, the injured party must prove that a “reasonable person” would identify the condition as hazardous and/or foresee that it was likely to cause an accident.

Without the help of a skilled slip and fall attorney, this can be difficult.

The Open and Obvious Doctrine Plays A Significant Role in Slip and Fall Claims

This statute considers whether someone of “average intelligence” would notice the hazardous condition upon casual inspection. Because many hazards fit this description, a large number of cases are lost on the basis of this premise. Nevertheless, some plaintiffs do prevail when confronted with this objection. Therefore, it’s wise to consult a lawyer if you are unsure about the circumstances of your fall.

Modified Comparative Negligence: Assessing the Degree of Fault

Under Michigan’s “modified comparative negligence” law, compensation may be reduced according to the plaintiff’s degree of fault for the accident. For example, suppose you fell on a patch of ice that you did not see because you were distracted. As a result, you may be assigned 30% of the blame and you would collect 70% of the settlement you would have otherwise received.

However, Michigan law prohibits plaintiffs who are more than 50% at fault from recovering any non-economic damages such as pain and suffering.

A Slip and Fall Lawyer Helps You Recover Damages for Pain and Suffering

Plaintiffs in a personal injury case may recover two kinds of compensation: Economic and non-economic damages.

Economic damages consist of the direct costs incurred as a result of the accident. Examples would be medical bills and lost wages if you were unable to work while recovering from your slip and fall injuries.

Non-economic damages are intangible losses, often referred to as pain and suffering. While these damages can be difficult to prove, they usually comprise the largest part of a settlement or verdict. To recover these damages, you will need to provide extensive medical documentation of your injuries and future prognosis. Some slip and fall lawsuits also require testimony from expert witnesses.

An experienced lawyer knows how to build a winning case and has the resources to obtain the necessary information and present it in the best possible light.

Recommended Reading: 10 Common Slip and Fall Injuries

A Lawyer Ensures You Meet the Statute of Limitations and Other Filing Deadlines

In Michigan, the statute of limitations for slip and fall cases is three years. This means you have three years from the date of the fall, or the date the injury was discovered, to file a claim. However, there are exceptions to this law. For example, minors have until their 19th birthday, regardless of when the slip and fall accident occurred. And, if you slip and fall on government property, the time limit is much shorter.

In Michigan, plaintiffs must file personal injury claims within three years of the incident or discovery of the injury. A qualified slip and fall attorney will make sure the necessary paperwork is obtained and filed within the specified time limits. 

Recommended Reading: Statute of Limitations on Slip and Fall Cases

A Slip and Fall Injury Lawyer Helps You Win More Compensation with No Up-Front Fees

As discussed above, a plaintiff must overcome numerous legal hurdles to prevail in a slip and fall lawsuit. Winning a large settlement or verdict requires experience and a thorough knowledge of this complex area of the law. Additionally, studies show that plaintiffs who are represented by lawyers receive larger settlements than those who try to handle their own claims.

Therefore, you will have a more successful outcome with an experienced slip and fall lawyer on your side.

In addition, personal injury lawyers work on a contingency basis, which means they collect their fees only after your case is resolved. A reputable lawyer will take your case without asking for any money up front.  

Recommended Reading: How Slip and Fall Compensation is Determined

Start Your Slip and Fall Case Today!

Do not wait to contact an attorney if you are thinking of filing a slip and fall lawsuit. The legal process can be lengthy, and your lawyer needs time to prepare a winning case. What’s more, evidence can disappear and witnesses may not be available if you wait too long.

If you were injured in a slip and fall accident on someone else’s property, contact us as soon as possible.  The Sam Bernstein Law Firm legal team understands the complexities of slip and fall cases and we will fight to win the compensation you deserve.  

Slip and fall law is complicated, but finding the right slip and fall attorney is simple. 

Start your case today by clicking the button below to fill out a brief form or calling 1-800-CALL-SAM for a free, no-obligation remote consultation from the safety of your home.