How a Slip and Fall Lawyer Can Strengthen Your Injury Case
Legally Reviewed and Edited by: Terry Cochran
Slip and fall accidents are a leading cause of injuries and fatalities. In 2022, they ranked as the third most common cause of workplace deaths, resulting in 26 fatalities. Among adults over 65, falls pose an even greater risk, with more than 512,000 incidents reported in Michigan in 2020.
No matter your age or where it occurs, a slip and fall accident can lead to serious injuries and lost wages. Working with an experienced personal injury attorney specializing in slip and falls can help you understand your rights and pursue compensation from the party who caused your injuries.
At Cochran Kroll & Associates, P.C., our slip and fall attorneys have the resources to assist you at every step. Our team can determine who’s at fault, establish liability, and maximize your settlement award.
What Is a Slip and Fall?
A slip and fall occurs when someone loses their footing due to a dangerous condition, often leading to serious injuries. These incidents aren’t just random falls—slip and fall accidents often result from unsafe conditions like wet floors, uneven sidewalks, poor lighting, or workplace hazards.
A fall accident caused by negligence can lead to medical bills, lost wages, and long-term complications. Under premises liability laws, when property owners fail to address dangers on their premises, they may be responsible for injuries and related damages in a personal injury claim.
Common Slip and Fall Accidents
In Michigan, slip and fall accidents are most common in the winter, especially when snow and ice cover exterior surfaces like parking lots and sidewalks. However, they can happen anywhere and at any time. Common fall accident scenarios include:
- Slippery surfaces. Wet floors, spilled liquids, or an icy parking lot can cause a slip before you even notice the hazard.
- Uneven flooring. Cracked sidewalks, loose tiles, and uneven carpets often lead to trips and falls.
- Unsafe stairways. Broken handrails, damaged steps, or cluttered stairs make falling more likely, especially if the surface is also slippery.
- Poor lighting. Dim hallways or dark walkways can hide hazards like spills or uneven flooring; making falls more likely.
- Cluttered walkways. Loose cables, boxes, or fallen items in store aisles and walkways create tripping hazards.
These slip and fall hazards can have lasting effects, leading to physical challenges and unexpected costs.
What Are The Most Common Slip and Fall Injuries?
Slip and fall accidents can result in severe and costly injuries, potentially leaving you with large medical bills or lost wages. Common slip and fall injuries include:
- Sprained ankles and wrists from trying to catch yourself or landing awkwardly.
- Knee injuries from twisting, direct impact, or falling onto a hard surface.
- Shoulder injuries from landing on an outstretched arm or absorbing impact on the shoulder.
- Broken bones from the force of hitting the ground, often affecting the wrists, arms, or hips.
- Concussions from sudden head impact leading to dizziness, headaches, or confusion.
- Traumatic brain injuries (TBIs) from severe falls sometimes causing lasting cognitive or physical effects.
If you suffered serious harm in a slip and fall accident, an experienced attorney can help you prove negligence and pursue compensation.
What Do You Need To Prove in a Slip and Fall?
Proving your slip and fall case requires establishing four legal elements to show the property owner’s actions caused your injuries. Your slip and fall lawyer can help you show the following with strong evidence:
| Legal Element | Explanation | Possible Evidence |
|---|---|---|
| Duty of Care | The property owner had a responsibility to keep the premises safe. | Property records, lease agreements, or business ownership documents showing ownership and responsibility for maintenance. |
| Breach of Duty | The owner failed to address or warn about a hazardous condition. | Photos of the hazard, maintenance logs showing lack of repairs, or surveillance footage capturing the conditions before the fall. |
| Causation | The dangerous condition directly caused the slip and fall and resulting injuries. | Medical records linking injuries to the fall, accident reports documenting what happened, or expert testimony explaining how the hazard led to the injury. |
| Damages | The fall led to actual harm, such as lost wages and medical expenses. | Medical bills proving treatment costs, pay stubs showing lost income, and records of ongoing medical care for continued effects of the injury. |
Why Are Slip and Fall Cases So Complex?
Slip and fall claims can be difficult to prove, especially when property owners and insurance companies dispute liability. Several factors make these cases more challenging than other personal injury cases:
- Proving negligence. It’s not enough to show a hazard existed. You must have clear proof the owner knew or should have known about it and failed to act. This can be difficult if they claim they were unaware or didn’t have enough time to fix it.
- Comparative fault arguments. Property owners may claim the fall was due to a victim’s actions, like distraction, unsafe footwear, or ignoring warnings. Since Michigan follows modified comparative negligence, failing to refute these claims can reduce compensation.
- Transitory hazards. Spills, ice, or debris can be removed or disappear before they’re documented, making it harder to prove they caused the fall. Without witnesses to confirm the hazard existed, property owners may deny responsibility.
- Legal and insurance challenges. Businesses and landlords have aggressive legal teams and insurance companies that use tactics to avoid payouts. They may delay claims, demand excessive documentation, dispute the severity of injuries, or pressure victims into low settlements.
While slip and fall cases can be challenging, working with a skilled fall accident attorney can help you gather the evidence you need for a successful case. At Cochran, Kroll, & Associates, P.C., we will help prove your claim and seek a fair damage award for your injuries.
How an Attorney Can Maximize Your Settlement
Because slip and fall claims are so complex, seeking legal help for your injuries is the best way to protect your rights after an accident. A qualified attorney will assess your case, explore ways to recover compensation, and help you build a strong claim to maximize your settlement amount.
Here’s what your legal team can do:
Gather Evidence
Obtaining the necessary evidence to prove your claim is challenging without legal assistance. Our personal injury lawyers at Cochran, Kroll, and Associates, P.C. have the resources to help you collect solid evidence to build your case, including:
- Photographs of the accident site
- Video recordings from security cameras
- Eyewitness statements and contact information
- Medical records detailing your injuries
- Prescriptions and pain management medication
- Bills and receipts for other out-of-pocket expenses, such as transportation or assistance at home
Determine Liability
We fully investigate your slip and fall accident to determine who is responsible. This includes gathering evidence to establish liability and identifying negligent parties, such as property owners, managers, or third-party contractors. Our process includes:
- Identify the property owner or responsible party
- Review maintenance records for prior complaints or hazards
- Examine incident reports filed after the fall
- Investigate whether the hazard was a recurring issue
- Assess whether proper safety measures were in place
- Consult experts to determine if the property owner failed to meet legal standards
If multiple parties contributed to your injuries, we pursue compensation from each responsible party based on their share of fault.
Calculate Full Compensation
We assess the full financial impact of your injuries to determine the compensation you are entitled to. We do the following to ensure your immediate and long-term costs are accurately represented:
- Review medical bills, rehabilitation costs, and future treatment needs
- Calculate lost wages, reduced earning capacity, and long-term disability effects
- Assess pain and suffering damages, including emotional distress and reduced quality of life
- Factor in additional expenses such as in-home care, transportation, and home modifications if necessary
Firm partner Eileen Kroll is a registered nurse with years of experience handling personal injury cases. Eileen’s years of medical expertise allow her to interpret complex medical records and collaborate with specialists to assess the full extent of your injuries and strengthen your slip and fall claim.
Handle Insurance Negotiations
Insurance companies often try to minimize payouts or deny claims. Our legal team handles all communications and negotiations to protect your rights by:
- Gathering and presenting strong evidence to counter insurance disputes
- Responding to insurer requests and preventing unnecessary delays
- Calculating the full value of your damages, including medical expenses and lost wages
- Negotiating for a fair settlement that reflects your financial and physical losses
- Preparing for trial if the insurance company refuses to offer reasonable compensation
Represent You in Court
If a fair settlement isn’t possible, our attorneys are prepared to take your case to trial. We build a strong legal argument to advocate for your rights by:
- Filing a lawsuit within Michigan’s statute of limitations
- Presenting evidence that proves negligence and damages
- Cross-examining witnesses and expert testimonies to strengthen your case
- Arguing against any claims that you were at fault for your fall
- Fighting for the compensation you deserve for medical expenses, lost wages, and pain and suffering
We have a strong track record of securing favorable settlements for our clients. Our team can use this legal experience to develop a winning strategy for your case and help you on the road to recovery.
Give You Peace of Mind
Dealing with a slip and fall claim while managing the impact of your injuries can be stressful. Our team at Cochran, Kroll, and Associates, P.C. handles every aspect of your case, allowing you to move forward without the burden of legal complications. We provide:
- Clear communication and updates throughout your case
- Guidance on legal options and next steps
- Protection from aggressive insurance tactics and low settlement offers
- Skilled negotiation and litigation to pursue the compensation you deserve
With our legal team advocating for you, you can have peace of mind knowing your case is in experienced hands and put your energy toward rebuilding your daily life.
Get Skilled Legal Support With Cochran, Kroll & Associates, P.C.
If you or a loved one was hurt in a slip and fall accident, you need a personal injury lawyer you can count on. The Cochran, Kroll & Associates, P.C. team has the experience and proven track record you need to file a winning slip and fall case against those who caused your injuries. We will help you obtain the compensation needed for recovery with the care and compassion you deserve. Contact our offices today for a free consultation.
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.
