This is How Slip and Fall Compensation is Determined in Michigan
April 2, 2019
When you’re injured in a slip and fall accident, your life can change in a matter of moments. You may suffer broken bones, torn muscles or head injuries requiring hospitalization, surgeries and rehabilitation therapy. You may not be able to work. If you believe the property owner was responsible for your accident, you may be thinking about suing. If so, you are probably wondering about the average slip and fall compensation for a case like yours.
Filing a Claim for Slip and Fall Compensation
In order to bring a successful slip and fall claim against a property owner, your claim generally must meet the following conditions:
- Lawsuit must be filed within three years of the incident, also known as the statute of limitations
- If claim is against a government agency, notice of the injury claim must be provided within 120 days of the incident
- That the property owner caused or failed to prevent the slip and fall
- That the slip and fall caused you to suffer physical injuries
- That you were not more than 50% at fault in causing the slip and fall
Damages Available in a Slip and Fall Case
Generally, a person injured in a slip and fall case is able to recover both economic and non-economic damages. Economic damages may include the following:
- Medical expenses – past, present, and future.
- Nursing services or other home health care expenses.
- Medication expenses
- Wage loss.
Non-economic damages (pain and suffering damages) are more difficult to estimate and includes both physical pain and mental anguish.
Other Relevant Factors to Consider in a Slip and Fall Case
What is the extent and severity of the injury? Generally, estimating the ramifications of an injury requires a thorough medical work-up. Physicians from differing specialties may be called on to evaluate your condition and future prognosis. For example, if you sustained a brain injury, you may be impaired for the rest of your life. In that case, you will receive a much greater settlement than you would for a less serious injury.
What is the property owner’s degree of negligence? Proving negligence can be tricky. This is one reason plaintiffs who hire experienced slip and fall attorneys have better outcomes than those who file their own claims. Property owners are not automatically responsible for every dangerous condition. The law considers whether the owner knew or “should have known” about the hazard. Generally, you will receive more compensation if the property owner knew about a danger and did nothing about it.
Was the victim also at fault? Like the majority of states, Michigan is a “modified comparative negligence” state. This means your compensation may be reduced by the percentage of your own fault.
If you answer “yes” to any of the following questions, you may be considered partially at fault from a legal standpoint:
- Was the dangerous condition “open and obvious” to a reasonable person?
- Were you on the property illegally, or in an area prohibited to visitors, such as a storage room?
- Were you using your phone or otherwise distracted when you fell?
- Were you wearing footwear that was inappropriate or unsafe for the conditions?
Slip and fall law is complicated, but finding the right accident attorney is simple.
Call 1-800-CALL-SAM today for a free no-obligation consultation.