Some falls result in nothing more serious than a skinned knee or a moment of embarrassment. Unfortunately, many other slip and fall accidents have far more dire consequences. In fact, falls are the second leading cause of unintentional deaths in the U.S. and the number one cause of death among older adults. Additionally, one out of every five falls causes serious injuries, resulting in more than 8 million emergency room visits and 800,000 hospitalizations each year, according to data from the CDC.
If you are hurt in a fall on someone else’s property, you may be entitled to compensation for your injuries, physical and emotional. Because these cases involve complicated legal issues, hiring an experienced slip and fall lawyer is the best way to receive the settlement you deserve.Do You Have a Case?
Here are five of the many ways knowledgeable slip and fall lawyers help their clients achieve the best financial outcome:
Despite common misconceptions, not every slip and fall victim has grounds for a lawsuit. To win a large settlement, a plaintiff must prove the accident, and the resultant injuries, was caused by negligence on the part of the property owner. Because there are specific legal standards that must be met, this is not a simple matter.
Although property owners have a duty to keep their premises reasonably safe and hazard-free, they are not automatically liable for every unsafe condition.
According to Michigan premises liability law, which governs most slip and fall cases, the plaintiff has to show the property owner knew, or should have known, about a hazard in order to prove negligence. Furthermore, an owner who was aware of a condition but did not have adequate time to remedy it, as in the case of a fresh snowfall or recent spill, is unlikely to be held liable.
An experienced slip and fall lawyer will evaluate the details of each situation, assess the potential strengths and weaknesses of a potential claim and advise the client whether it would be worthwhile to proceed. Given that reputable personal injury attorneys offer free initial consultations, it makes sense to take this step if you think you may have grounds for a slip and fall lawsuit.
In Michigan, the statute of limitations for most personal injury cases is three years. This means claims must be filed within three years of the accident or three years from the date the injury or illness was discovered. In addition, victims must provide detailed medical records documenting their injuries and subsequent treatment. This can be time-consuming as well as challenging, especially when multiple medical care providers are involved. Missing any of these important dates or submitting incomplete paperwork could cost clients their chance to receive compensation.
A qualified slip and fall attorney allows you to focus on your recovery, knowing all the paperwork will be completed correctly and submitted according to the legal time limits.
Recommended Reading: Slip and Fall Statute of Limitations in Michigan
As stated earlier, Michigan slip and fall claims are complicated. A successful case must meet all the requirements set forth by the law and overcome the common legal defenses that property owners use to avoid liability. This is why it is important to hire an experienced slip and fall lawyer with a proven track record of winning cases like yours.
Here are a few examples of what slip and fall lawyers must do to meet the legal requirements and build a winning case:
– Prove the client’s injuries were the direct result of a fall caused by a hazardous condition on someone else’s property
– Establish negligence by proving the property owner knew (or should have known) about the hazard and failed to remedy the situation
– Overcome Michigan’s “open and obvious” law, which often lets property owners off the hook for conditions that “someone of average intelligence should notice casual inspection”
– Show the plaintiff was less than 50 percent responsible for the accident in accordance with Michigan’s “modified comparative negligence” doctrine
Recommended Reading: How the Open and Obvious Law Affects Michigan Slip and Fall Cases
When it comes to negotiating compensation, an experienced slip and fall lawyer is invaluable. A typical settlement includes direct expenses such as medical bills and lost wages as well as non-economic damages such as pain and suffering and psychological harm. In addition, a skilled attorney will make sure the settlement includes future needs such as ongoing loss of income, rehabilitative therapy and home care.
If you are seriously injured, you may be facing unexpected expenses, especially if you are unable to work. A reputable slip and fall attorney gets paid only after a case is resolved. The first consultation is free and there are no retainers or up-front costs.
Recommended reading: Is Your Apartment A Slip and Fall Case Waiting To Happen?
Contact us today if you are thinking about filing a slip and fall lawsuit. The legal clock starts running on the day you were injured, so waiting too long can cause you to miss out on receiving everything you are entitled to. Moreover, evidence can disappear and witnesses may lose their recollections as time goes by.
If you were injured in a slip and fall accident on someone else’s property, contact us as soon as possible. The experienced lawyers at The Sam Bernstein Law Firm understand the legal 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 consultation with a member of our legal team.
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