Important Steps to Take After a Slip-and-Fall Accident
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Important Steps to Take After a Slip-and-Fall Accident

Legally Reviewed and Edited by: Terry Cochran

Slipping and falling is far more dangerous than most people believe. Landing improperly, falling a great distance, or striking your head can cause long-term or even lifelong injuries. If your injuries are the result of a property owner’s negligence, you may be able to file a claim against the property owner and receive compensation for your injuries.

Taking appropriate action after a slip-and-fall injury can maximize the compensation you receive from the accident. Discover the steps to take after a slip-and-fall accident and how a slip-and-fall accident lawyer in Michigan can help you obtain a fair settlement for your injuries.

Can I Sue for a Slip-and-Fall Accident?

In Michigan, property owners are responsible for protecting visitors from potential dangers on the property. They may warn visitors of the hazard, block it off, or resolve it before it poses a risk. If they fail to do so, and someone is injured as a result, they may be able to file a premises liability claim against the property owner.

Establishing Liability for a Slip-and-Fall

Simply slipping and falling is insufficient to file a claim against the property owner. To successfully claim damages for a slip-and-fall accident, you must prove that:

  • The property or business owner owed you a duty of care
  • They failed to provide that duty of care
  • You were seriously injured because of this failure

While property owners do not owe a duty of care to trespassers, they do owe a duty of care to those legally allowed on the property, like visitors or maintenance workers.

Comparative Negligence in Slip-and-Fall Claims

When reviewing personal injury claims, Michigan uses a comparative negligence clause. Under comparative negligence, you can collect compensation for a slip-and-fall injury, but your compensation will be reduced if your actions contributed to the injury.

For example, you slip on ice in a store parking lot while talking on your phone. The judge or jury may decide that the store is 90% liable for your injuries since they failed to salt the parking lot to protect customers from the hazard. However, they may also decide that you hold 10% liability since talking on your phone meant you were not fully focused on avoiding injury. This ruling would reduce your earnings by 10%.

A personal injury law firm can help you recover the full compensation you’re owed. For example, your attorney can argue that your phone conversation is irrelevant because the store had a duty to prevent hazardous conditions in the parking lot.

Slip and Fall Accident Lawyers Michigan

Steps to Take After a Slip, Trip, or Fall Injury

Filing a claim after a slip-and-fall accident requires sufficient evidence of your damages. If you’ve been injured from slipping and falling on someone else’s property, taking the appropriate steps to collect evidence can significantly strengthen your claim.

Seek Immediate Medical Attention

If you believe you’ve been injured after slipping and falling, seek medical attention as soon as possible. You will document your injuries and treatment by getting medical treatment, which is critical for a slip-and-fall case.

Delaying medical treatment can jeopardize your claim. The property owner may try to claim that since you did not seek treatment immediately, you must be exaggerating your injuries.

Report the Accident to the Property Owner or Manager

After receiving medical treatment for your injuries, report the accident to the property owner or manager. The property owner will need information about your injury to file with their insurance company, which requires them to document information relevant to the accident. This also provides crucial information for your case.

Minimize your communication with the property owner and only give them factual information about the accident, such as the date, time, type of hazard, and the nature of your injury. If you provide too much detail, the property owner can use your statements to prove that you were at fault for your injuries. A Detroit slip-and-fall lawyer can help you determine what information to share.

Document the Scene of the Accident

To file a successful claim against the property owner, you must prove that you were injured as a result of a dangerous condition on the property. However, these conditions may not remain static after your injury: the property owner may remove or blockade the hazards after the accident, and weather conditions could cause slick substances like ice or oil to disappear.

Take pictures of the accident scene to document what the property looked like at the time of your injury. If you cannot document the situation immediately after the accident, consult an attorney. They may be able to collect witness testimony or obtain security camera footage that can be used to prove the condition of the property at the time of your injury.

Track All Related Expenses

A slip-and-fall injury can leave you with serious injuries that prevent you from working or taking care of yourself. Paying for daily expenses, treatment for your injuries, and any critical services can become particularly challenging while you are unable to work. By closely documenting expenses incurred from your accident, your lawyer can argue for appropriate compensation.

These expenses can include:

  • Medical bills for treating your injuries
  • Lost wages for the time you were unable to work
  • Costs of hiring a caregiver or assistant
  • Cost to make your home or car accessible after your injury

Many people are unsure of how to prove lost income. A skilled personal injury lawyer can help you prove wage losses through paystubs, W-2 forms, and other evidence of your past earnings.

Hire a Slip-and-Fall Attorney

Proving a property owner liable for a slip-and-fall injury can be surprisingly challenging. A Michigan slip-and-fall accident attorney can help you collect evidence of the property owner’s liability and successfully settle your claim.

Your attorney can also help you pursue appropriate compensation for medical treatment, lost wages, pain and suffering, or any other damages you may have sustained in the accident.

Consult with Cochran, Kroll & Associates, P.C., After a Slip-and-Fall Injury

Few people expect their lives to be forever changed by a slip-and-fall accident, but it is far more common than anyone expects. If you or a loved one were seriously injured in a slip-and-fall accident, the attorneys at Cochran, Kroll, & Associates, P.C., can help you recover the compensation you deserve.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Riley Emerson is a freelance writer whose work focuses on improving legal accessibility and justice. He enjoys relating complex legal issues in a straightforward way, so people can get the legal help they need.

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