Reporting Your Slip and Fall Claim
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Reporting Your Slip and Fall Claim
Reporting your slip and fall claim is essential to your ability to recover compensation for your pain and suffering and money damages to help pay for your medical expenses and lost wages because your injuries have disabled you from returning to work.
Make sure you follow these necessary steps in reporting your claim for slip and fall compensation and money damages:
- Filing an incident report
Seeking medical attention - Hiring an experienced slip and fall lawyer
- Filing required notices
- Filing a lawsuit within the statute of limitations
Filing an incident report
After your slip and fall accident, it is crucial that you file an incident report immediately – or as soon as you are able, depending on your injuries – with the property owner or manager. Be sure to include all key facts, including what caused your fall and how you felt after.
The incident report is an official report that verifies that your slip and fall injury did in fact occur and that it occurred on their premises. Filing a timely incident report will help prevent the property owner or manager from later denying that your slip and fall accident occurred. It is not uncommon for insurance lawyers and adjusters to accuse people of fabricating an accident if it is not documented in a report and if there is not a close temporal relationship between the date and the filing of the incident report.
Before you leave the property, get a copy of the incident report you filed. This is your proof that you filed the report. If the property owner or manager refuses to give you a copy, take a photo of the report before you deliver it to the property owner or manager.
Seeking medical attention
Whether you are in serious pain or not feeling anything at all – even if you think you are feeling “fine” – it is important to see a doctor and report your injuries as soon as possible. Shock and adrenaline often mask your symptoms, but a doctor can determine the extent of your injuries, start treatment and refer you to specialists. This will also help you start a paper trail by documenting your injuries and establishing a connection to your slip and fall accident.
Time is of the essence. The longer you wait to seek medical attention, the more likely it is that the property owner or insurance adjuster will claim your injury happened after your fall and was not the property owner’s fault. In addition, the opposing party may claim that your injury could not have been serious if you did not feel the need to seek immediate medical attention.
Be sure to document your injuries and be aware of any new symptoms that present in the days that follow. Be sure to follow all of your doctor’s recommendations and orders, and never miss medical appointments (without giving notice and rescheduling).
Hiring an experienced slip and fall attorney
One of the most important things to do after a slip and fall accident is to seek legal help. If you have fallen in a store, our Michigan slip and fall attorneys can help you seek compensation for pain and suffering
This is one of the important things you must do after you have been injured in a slip and fall accident because having an experienced slip and fall lawyer who specializes exclusively in this area of the law is critical to your ability to recover compensation for your pain and suffering and money damages to cover your medical bills and lost wages if you are unable to work.
- Serving “preservation” letters on the negligent property owners to stop them from destroying critical evidence that will help you prove your case
- Gathering the necessary evidence for proving your case, including photos, reports, diagrams, videos and surveillance footage of your slip and fall accident.
- Our Michigan slip and fall accident lawyers work with some of the best experts in the country
- Interviewing witnesses
- Preventing adjusters from pressuring you to give recorded statements or sign releases, liability waivers or settlements without first speaking to a lawyer who is looking out for your best interests
- Subpoena incident reports and maintenance records as well as past reported injuries and accidents to prove notice and negligence on the part of the premises owner.
- Deposing everyone who knew or should have known about the dangerous condition or hazard – including those people who could have done something to protect you but chose not to
- Refuting property owners and managers claims and legal defenses that they did not know about any unsafe conditions, hazards, and dangerous conditions on their property
- Proving to an insurance claims adjuster, judge, and/or jury how the dangerous condition that caused your slip and fall was neither open nor obvious to the average person.
Filing required notices
In cases where you will be suing a governmental agency or the state of Michigan, you must report your slip and fall injury to them before you file a lawsuit. This is done by filing a “notice” of intent to sue and, depending on the nature of the governmental entity you intend to sue, there are different filing deadlines that you must comply with:
- Notice to governmental agencies of injuries in a public building – Within 120 days of the date when you suffered a slip and fall injury due to “any dangerous or defective public building,” you must serve a notice on the governmental agency that is “responsible” for the building. Your notice must specify “the exact location and nature of the defect, the injury sustained and the names of the witnesses” that were “known” to you “at the time.” (MCL 691.1406)
- Notice to the state of Michigan of injuries involving the state of Michigan – If you are suing the State of Michigan (or any of its departments, commissions, boards, institutions, arms, or agencies) for your slip and fall injury, then you must file a notice of intent to file a claim against the state with the clerk of the Court of Claims within 6 months after your slip and fall accident. (MCL 691.1410(1); MCL 600.6431(1) and (4))
Filing a lawsuit within the statute of limitations
You must file your slip and fall lawsuit before the statute of limitations expires, otherwise you will lose the right to sue and your case will be forever barred from being heard. If you fail to file on time, no court will hear your case and you will be legally prohibited from holding the negligent parties accountable for the injuries, harms and losses they caused you to suffer.
Generally, the statute of limitations for slip and fall cases in Michigan are:
- Statute of limitations – You have 3 years from the date of your slip and fall injury to file your lawsuit. (MCL 600.5805(2))
- Statute of limitations for claims against the state of Michigan – When you have a case against the state of Michigan, you have 3 years from the date of your slip and fall injury on government property to file a lawsuit in the clerk of the Court of Claims. (MCL 600.6452(1))
The Importance of Prompt Reporting
In Michigan, the statute of limitations for filing a personal injury claim is three years [1]. If you don’t file your claim within three years, the defendant (i.e., the responsible party) may ask for a dismissal. If the judge dismisses your case, you’ll no longer be able to seek compensation.
Dealing with Insurance Companies
Once you report your slip and fall, you should expect to hear from the defendant’s insurance company. They may be trying to settle your claim. Insurance representatives want to minimize your compensation amount.
Anything you say could negatively affect the amount of compensation you receive. So, before making any statements, speak with a slip and fall lawyer in Michigan about filing a personal injury claim. Your lawyer will speak with insurance companies on your behalf, ensuring the continued strength of your claim.
Potential Compensation and Damages in Slip and Fall Claims
The compensation and money damages you may be able to recover in your slip and fall claim include:
- Pain and suffering – This includes physical pain and suffering as well as mental anguish, fright and shock, embarrassment, humiliation and mortification, and loss of social pleasures and enjoyments. (M Civ JI 50.02)
- Mental anguish
- Emotional distress
- Psychological trauma
- Loss of a normal life (temporary or permanent diminished ability to enjoy life)
- Loss of quality of life
- Loss of enjoyment of life
- Medical expenses (past and future) — All costs incurred from treating your injuries, including hospitalization, surgeries, procedures, rehabilitation, attendant or nursing care, physical therapy, prescription medications, medical equipment, follow-up doctor’s visits and transportation costs
- Lost wages and earnings (past and future) – Any loss of income from being unable to work due to your injuries, including loss of potential future income if you suffer a permanent disability.
- Wrongful death – If the accident resulted in death, families can recover funeral expenses as well as damages for loss of companionship and loss of financial support that a loved one had previously provided.
Why Choose Michigan Slip and Fall Lawyers?
Michigan Slip and Fall Lawyers is the state’s most successful and experienced law firm that specializes exclusively in slip and fall accidents. Our attorneys have successfully litigated over 300 premises and slip and fall accident cases all across the state, including several that were reported in Michigan Lawyers Weekly newspaper for being the largest reported slip and fall settlement or trial verdict for the year. Our attorneys have the experience, specialized knowledge, and reputation with the insurance companies and with governmental agencies to get you and your family the best possible settlement in your slip and fall case.
Our attorneys are nationally recognized speakers and they have taught thousands of lawyers across the U.S. how to successfully investigate and litigate slip and fall and premises liability cases involving both private property and government property.
Finally, and perhaps most importantly, our attorneys are here when you need us. We are available 24/7 to take your call so you can get skilled legal help when you need it and as quickly as possible.
Contact Michigan Slip and Fall Lawyers Today
If you suffered a slip and fall injury on government property, our experienced attorneys at Michigan Slip and Fall Lawyers can help you get the full compensation you are legally entitled to for your injuries, harms and losses. Call today to schedule your free, no-cost, no-obligation consultation with one of our experienced slip and fall attorneys. Let us help you understand your legal options and take the next steps to protect your rights.
MICHIGAN SLIP AND FALL LAWYERS
Frequently Asked Questions About Store Slip and Fall Accidents
If you or a loved one suffered injuries in a slip and fall accident, you probably have questions about what you should do next, whether you should retain a Michigan slip and fall lawyer, how much an attorney will cost, and how much compensation you may be entitled to.
To get answers to your questions, please read our FAQs or call us for a free consultation now for immediate help.
What if the property owner denies responsibility for my accident?
It is not unusual for a property owner to deny responsibility for injuries caused by hazards and dangerous conditions on their property. Our attorneys will help you gather the evidence necessary to prove the property owner’s negligence and to hold the property owner accountable for your injuries, losses and harms.
Should I seek medical attention even if I don't feel injured?
Yes. Right away. Even if you think you feel “fine” after the incident, you should have a doctor examine you. Seeking medical attention can jumpstart your recovery and serve as critical evidence showing the short proximity in time between your accident and your seeking of medical care. This helps stop the insurance company from claiming your accident and injuries are unrelated given the significant passage of time between the two.
Get Help Today From the Best Michigan Slip and Fall Lawyer for Your Case
You do not have to go it alone after your slip and fall accident. Let attorney Tim Holland help pick you up, get you back on your feet, and help get you the compensation and economic recovery you need to start rebuilding your life.
Tim prides himself on treating each and every client with care, compassion, and respect. Tim goes the extra mile to be available when his clients need him. Tim will ALWAYS return your calls and emails and answer all of your questions.