The first step to pursuing a slip and fall claim in Michigan is filing an incident report with the property owner as soon as you can after you’ve been injured. Filing an incident report is not required but it provides critical proof that your accident actually occurred when you said it did. This is very important if the property owner tries to deny the accident ever happened. 

Once your accident is documented, the next step is determining the nature and extent of your injuries. 

Finally, if you are thinking about filing a slip and fall claim in Michigan, it is very important to hire a lawyer who can preserve critical evidence, such as surveillance videos and witnesses to your accident, before they disappear.  A lawyer can investigate the causes of your accident and hire key experts to help establish responsibility against the negligent property owner.  

7 steps to take to file a slip and fall claim in Michigan

Seeking medical treatment and notifying appropriate parties of your injury are important first steps in the process of filing a slip and fall claim in Michigan. In addition, it’s important to document the conditions that caused your accident, as well as your injuries, get contact information from any witnesses, and preserve any evidence in your control, such as the clothing you were wearing when you were injured.

The most important next step to filing a slip and fall claim in Michigan is to hire an experienced personal injury lawyer who can help you preserve your rights and seek compensation. Once you’ve secured legal representation, your lawyer will begin a legal investigation into the causes of your accident.  He or she will begin the pre-lawsuit discovery process and will send preservation letters to the property owner that provides legal notice to preserve evidence. Many cases can be successfully and fairly resolved without the necessity of filing a lawsuit, but if settlement negotiations are not productive, or if there are additional parties or other complicating factors that make a lawsuit necessary, a personal injury lawsuit is then filed on your behalf.  

Here are more details about each of the steps in the process for filing a slip and fall claim in Michigan: 

1. Report the incident immediately

When filing a slip and fall claim in Michigan, promptly reporting the incident is critical—missing this step can seriously harm your case. If your injuries prevent you from filing an incident report immediately, try to do so as soon as possible or ask a trusted friend or family member to file it on your behalf.

Leaving the business, store, or property without filing a report gives the property owner, insurance adjusters, and defense attorneys grounds to dispute your case. They may argue that your fall never happened or that your injuries are fabricated. To protect yourself, speak with the property owner or manager right away and file an incident report that details the time, place, cause of your fall, and your injuries. Be sure to get a copy of this report before you leave the premises.

2. Gather evidence about what caused your accident

In Michigan, filing a slip and fall claim in requires careful gathering of evidence to support your case. Collecting photographs, witness statements, and records of the hazardous conditions can help establish liability. Strong evidence strengthens your case and increases your chances of receiving fair compensation.

Evidence also provides a clear timeline of events and documents the severity of your injuries, which is crucial in disputes with insurance companies or property owners. Without proper documentation, it can be difficult to prove negligence or show the full impact of your accident, potentially reducing the compensation you may recover.

3. Seek medical treatment

In Michigan, filing a slip and fall claim in requires prompt medical attention after an accident. Seeking care immediately ensures your injuries are accurately diagnosed and documented, creating vital evidence that links your condition directly to the accident and strengthens your case for fair compensation.

This medical documentation is essential for your lawsuit, as it proves both the severity of your injuries and their connection to the hazardous condition. Delaying treatment can create doubts about the legitimacy or extent of your injuries, potentially weakening your case and reducing the compensation you may recover.

4. Consult a Michigan slip and fall lawyer before filing a claim

In Michigan, consulting a lawyer soon after an accident and before filing a slip and fall claim is important to protect your legal rights and maximize your chances of receiving fair compensation. Acting quickly ensures your case is properly documented from the start.

An experienced attorney can help you understand the complex laws surrounding premises liability cases, guide you through the lawsuit process, and make sure all necessary steps—like gathering evidence and meeting filing deadlines—are properly handled.

They also advocate on your behalf during negotiations with insurance companies, who may try to minimize your case. Early legal advice can make a significant difference in building a strong case and achieving the best possible outcome for your injuries and damages.

5. File a notice to preserve evidence

In Michigan, filing a slip and fall claim in requires preserving evidence immediately after the accident. Keeping photos of the scene, damaged property, and any visible injuries, along with witness information, ensures that crucial proof of the hazardous condition and your injuries is not lost or altered.

Preserving evidence helps establish liability and supports your case for fair compensation. It provides a factual record for your attorney, insurance companies, and, if necessary, the court. Without properly maintained evidence, proving negligence or the extent of your injuries becomes much more difficult, potentially weakening your case.

In these types of premises liability cases, the notice to preserve may request the preservation of various types of evidence, including:

• • Incident reports: If the property owner or person in charge of the property created an incident report, the notice may request the preservation of this document.

• • Witness statements: If there were witnesses, the notice may request that their statements be preserved, either in written or recorded form.

• • Video surveillance footage: If the property has surveillance or other cameras, the notice may request that any relevant footage be preserved.

• • Photos and/or videos: When filing a slip and fall claim in Michigan, if there is any visual evidence, whether taken by the injured party, witnesses, or the property owner, the notice may request that such evidence be preserved.

• • Maintenance records: If the injury was caused by a hazardous condition, the notice may request the preservation of maintenance records to establish whether the property owner or someone else in charge was aware of the dangerous condition.

• • Employment Files: The employment files that the property owner keeps about its employees will help to identify which employees were on duty and in the area at the time of your accident, as well as their duties, and any involvement and/or disciplinary actions that have been taken against them for previous injuries due to dangerous conditions on the premises.

• • Inspection records, safety protocols and meetings: This information will show how often – if at all – the premises where your fall occurred have been inspected for safety purposes. The information will also include details about the property owner’s rules and regulations for keeping the premises safe and its efforts to conduct safety meetings with employees to keep them informed and up-to-date. 

Sending a notice to preserve evidence is a precautionary step in the process of filing a slip and fall claim in Michigan to ensure that all relevant evidence is maintained for the duration of the lawsuit. Failing to preserve evidence could seriously harm your chances to win the case. Notices to preserve evidence are typically time-sensitive, so they need to be sent expeditiously. Your attorney can guide you in this area.

6. File your Michigan slip and fall claim

When it’s time to pursue your Michigan case, one of the most important steps in filing a slip and fall claim is knowing the proper timing and location for submitting your case. Depending on the nature of your injury case, there are certain time limitations you need to be aware of.

Our state has a statute of limitations of three years from the date of your accident. However, there are also “notice of intent to sue” requirements. If you plan to sue a city, county, or state governmental agency, you must notify them within a specified period. Failing to do so can block your ability to have a case, even if time remains on the statute of limitations.

Finally, determining the proper “venue”—the county circuit court where your case must or should be filed—can be a complicated decision. The choice of venue can have serious consequences, such as being assigned a judge who tends to rule more favorably toward property owners, which may impact the outcome of your case.

7. Conduct discovery to gather evidence from the property owner

In Michigan, “discovery” is an important part of the process for filing a slip and fall claim that occurs after a lawsuit has been filed but before the trial. The purpose of discovery is to allow both parties to gather information from each other and from third parties to ensure that everyone is aware of the facts and evidence that are important to your case. There are several methods used in discovery, including:

• • Interrogatories: Interrogatories are written questions you might send to another party which must be answered in writing and under oath. They are designed to gather basic details and other information.

• • Requests for Production of Documents: This request asks the opposing party to provide relevant documents, including accident reports, maintenance records, witness statements, photos and videos, and more (any of the things you might include in a notice to preserve evidence).

• • Requests for Admissions: These are statements sent to the opposing party, requesting them to admit or deny certain facts under oath. This can help streamline the issues to be tried by eliminating matters about which there is no real dispute.

• • Subpoenas: A subpoena is a legal document ordering someone to appear in court or to produce specific documents.

• • Depositions: A deposition provides your attorney with an opportunity to ask the other party and witnesses questions face-to-face and record the responses. They help the attorneys assess what witnesses might say in court and how they will present themselves.

• • Physical or Mental Examinations: Sometimes a party might request that the other party undergo a physical or mental examination to verify the extent and nature of any claimed injuries.

Discovery can be a lengthy and complex part of the process for filing a slip and fall claim in Michigan, often taking several months to complete. The information gathered during discovery is used to build your case, negotiate settlements, and prepare for trial. It also encourages settlements by making the property owners and managers realize you are aware of and in possession of evidence that shows how their negligence caused your injuries. 

What are the statute of limitations for filing a slip and fall claim in Michigan?

In Michigan, the statute of limitations (deadline) to file a slip and fall claim is three years from the date of your injury. It’s important to start your legal action within this time frame to protect your right to seek compensation. If your accident occurred on government property, such as a public sidewalk or park, you must file a Notice of Intent to Sue within 120 days of the incident. Missing these deadlines can result in losing your ability to pursue your case. Because these time limits are strict, it’s crucial to consult with an experienced attorney as soon as possible to ensure all necessary paperwork is filed on time and your case is properly handled.

Winning a lawsuit often requires proving negligence

Winning a slip and fall claim in Michigan requires filing your case and proving that the property owner was negligent in maintaining safe conditions. To succeed, you must show that a hazardous condition existed on the property, the owner knew or should have known about it, and they failed to take reasonable steps to fix the danger or warn visitors. This negligence directly caused your injury. Gathering evidence such as maintenance records, witness statements, and photographs is essential to establish this connection. Without proving the property owner’s negligence, it is difficult to hold them responsible or recover compensation for your injuries.

Remember to document everything

How to choose the best lawyer to file my slip and fall claim in Michigan

The best attorney to hire to file your slip and fall claim is the Michigan lawyer with the experience, specialized knowledge and skill to get you the best possible settlement for compensation and economic damages that reflects the true value of your case. 

Look for an attorney with a track record of successful settlements amounts and trial verdicts. Your attorney should have extensive experience litigating these types of cases. Also, it’s also important to know that your attorney’s specialized knowledge in the area of law is valued by other lawyers, based on demand for your attorney to teach lawyers at legal conferences and seminars across the country. A lawyer with these credentials will know how to file a lawsuit to get you the best possible result.

Many personal injury lawyers say they handle these types of premises liability cases. But you don’t want a “dabbler” in these cases. You want to find the best attorney for your case. That comes down to two important things that, fortunately, can be measured: the experience of your lawyer with these cases, and his or her settlement and trial results.  

Always try to go online to search for a good personal injury attorney and read reviews about them.  

When choosing the right attorney for your case it is important to schedule a free consultation. When you meet with the attorney, be prepared to ask key questions such as how long he or she has been handling these types of premises liability cases and whether he or she has a track record of success. Be prepared to share important information about your injury and your accident with the attorney. Finding the right attorney is crucial to the success of your case.

Injured in a slip and fall accident in Michigan and need help filing your claim? Call an experienced lawyer now!

If you or a loved one has been seriously injured as a result of a slip and fall accident in Michigan and you need help filing your claim our lawyers can help. The attorneys at our law firm are here to help you and your family fight to get the best possible legal settlement for you and your family. Call now for a no-cost, no obligation, free consultation with an experienced and specialized lawyer to discuss your legal rights under the law to pain and suffering compensation and to money damages to help you and your family pay your medical bills and make up for the wages you’ve lost because your injuries have disabled you from working. To speak with us about your injury, call us now, or fill out our contact form for a free consultation.