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 The information on this page was written prior to the change in the law and may be out of date.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.
We know the perils of winter driving, but walking on icy or snow-covered surfaces can be equally dangerous. More than 800,000 people are hospitalized every year for injuries resulting from a fall. And, for older Americans, falls are the leading cause of fatal and serious injuries. In addition, falling is the most common cause of traumatic brain injuries, which can have lifelong consequences. If you are hurt in a fall, you may wonder whether you should call a lawyer. Here are some of the ways the best slip and fall attorneys can help you and your family.
Some people believe a slip and fall lawsuit is guaranteed to result in a quick and hefty settlement. However, these cases are governed by a complex set of laws that require the plaintiff to meet specific legal standards. A knowledgeable lawyer can provide a realistic overview of what to expect if you decide to file a claim.
To win a slip and fall case, you have to meet certain requirements.
First, you must prove your injuries were the direct result of a fall caused by a hazardous condition.
Then, your claim must fulfill additional criteria such as Michigan’s “open and obvious” doctrine. This statute considers whether someone of “average intelligence” would notice the hazardous condition upon casual inspection. Many claims are denied because courts have ruled that plaintiffs should be aware of common winter hazards such as ice and snow.
In addition, if you were partially responsible for your accident, your settlement may be adversely affected.
Finally, you must show that the property owner knew about the hazard and failed to fix the problem.
In Michigan, plaintiffs must file personal injury claims within three years of the incident or discovery of the injury. In addition, injured persons must provide detailed medical records documenting their injuries and subsequent treatment. The best slip and fall attorneys will make sure the necessary paperwork is obtained and filed within the specified time limits.
Compensation for a slip and fall case depends on several factors. In addition to medical expenses, you may also be eligible for non-economic damages such as pain and suffering. These damages can be more difficult to prove and often require the expertise of a seasoned slip and fall lawyer.
If you are seriously injured, you may not be able to work while you’re recovering. In addition, you may be facing medical bills not covered by your insurance. The best slip and fall attorneys get paid only when your case is resolved. And, research shows that plaintiffs who are represented by lawyers achieve better financial outcomes than those who represent themselves.
Of course, it’s better to prevent a fall whenever possible. Here are some tips to keep you safe during this season of ice and snow:
Slip and fall laws are complicated, but finding the right lawyer is simple.Do You Have a Case?
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