Michigan Slip and Fall Settlements: FAQs Answered & More

The amount of time it takes for Michigan slip and fall settlements will depend on what state the injury occurred. It will also depend on the specific venue (venue is a legal term for the county where you file a lawsuit, normally venue is proper if a lawsuit is filed in the county where the injury occurred).

However, many cases can be settled without a lawsuit. Once an initial investigation into how the slip and fall occurred is completed, and if the full extent of the injuries and disability can be reasonably known, then a case can settle pre-lawsuit, or at the demand phase with an insurance company claims adjuster. Pre-lawsuit, a settlement may take only six months to settle. Once a lawsuit is filed, however, a lawsuit can take longer to settle your case.

A reasonable settlement amount for a slip and fall case will always depend on the specific facts regarding your injuries and how your accident occurred. It is important to note that there is no specific number that constitutes a “reasonable” value for a case.

Our own lawyers have had cases where a reasonable settlement was $5.5 million and $4.6 million, but these amounts only became reasonable as the case progressed and liability (negligence or fault on the part of the premises owner) was proved and the extent of the injuries became clear.

The reasonableness of a settlement in your case should always depend on the specific facts of your fall and your injuries, whether liability is clear or if there are strong defense arguments to contest liability, your attorney’s reputation, and the insurance policy limits and potential assets of the premise’s owners.

It’s important to keep in mind that many states have no legal caps or limitations on how much you can recover in a settlement as compensation for your pain and suffering. The same is true for economic loss damages to cover your current and future medical bills as well as your economic losses if your injuries prevent you from returning to work or earning what you would have recovered had you not been injured.

In Michigan, most insurance adjusters will calculate slip and fall settlements by: (1) tallying up the total cost of your current medical bills and lost wages; (2) multiplying that dollar amount by a “multiplier” that reflects your pain and suffering; and (3) adding a dollar amount for your future medical needs and wage loss if it appears you will not be able to return to work in the future.

Generally, the formula for Michigan slip and fall settlements look like this:

Settlement amount = (Economic damages/Medical bills x Multiplier (between 1.5 and 5, depending on the venue, the liability and potential arguments of comparative negligence will be, and the reputation and track record of your attorney)) + future economic costs such as anticipated surgeries and medical care and future wage loss.

Your current medical costs and lost wages can be documented through the bills from your doctors, medical care providers and your employer. Lost wages can be determined from pay check stubs or tax returns and calculating time missed from work.

The “multiplier” is intended to reflect your pain and suffering. In general, average lawyers tend to get average settlements, and the run-of-the-mill premises liability settlement calculator you might find on the internet tends to reflect this. A better and more experienced lawyer with a proven track record of trial verdicts will always be able to get more money and often settle cases faster as well because insurance companies have less incentive and more risk in pushing these cases towards trial.

A higher multiplier can also reflect more severe underlying injuries and how extensive your current and future medical treatment and care will be. The more severe the injuries are, the higher the multiplier number will also tend to be.

As for your future medical needs and economic losses, if your injury will continue to prevent you from returning to work, that dollar amount will often be calculated and presented as part of the lifecare plan and economic loss analysis that your own lawyer will prepare on your behalf.

Of the many factors that can come into play in arriving at a reasonable settlement amount in a slip and fall case, one of the most important factors is actually your choice of who you select to represent you as your lawyer.

This is one of the few key settlement variables that you have control over. Data from the insurance industry shows that cases that are handled by experienced personal injury attorneys who specialize in premises liability law and who have a proven track record of settlements and trial verdicts typically settle for considerably more money – and often much faster – than cases handled by more general practice attorneys and even by personal injury lawyers who rarely handle these types of personal injury cases. 

There is no “average” slip and fall settlement for Michigan. While some insurance companies do keep a database based on median settlements by geographic area, there are no public databases that keep track of the average amount awarded. More importantly, even if there were, the data would not be reliable. Average by definition means it has been artificially lowered by all of the lower-than-average settlements misguidedly agreed to by inexperienced lawyers. In other words, every low-ball settlement offer that is accepted by an attorney plays into what “average” would be. For a person who has been seriously injured through no fault of their own, that artificially lowers what a full and fair settlement should be. 

Finally, an “average” settlement amount is not what should matter for you.

What should matter is getting a full and fair settlement that will protect you and that takes into account the full extent of your current and future harms and losses from your injury. And that can only be fully realized by having an experienced slip and fall lawyer to guide you towards the best possible settlement in your case.