While the name somewhat minimizes the seriousness of a slip and fall, there is nothing you should take lightly about these accidents. Falls cause many serious injuries, and even death, in the United States. It is not just older people who fall (although they are the ones most likely to suffer a severe fall injury). Anyone can slip and fall when they encounter a hazard they do not anticipate.
You may be entitled to substantial compensation if you have suffered an injury in a slip and fall accident in Bloomfield Hills. Contact the Michigan Injury Lawyers today to discuss your case.
Our firm has been representing the rights of injury victims for 15 years, and we measure our success by how well we take care of our clients. Reach out for a no-cost, no-obligation consultation about your legal options today.
- Causes of Slip and Fall Injuries in Bloomfield Hills
- The Michigan Winters Are Particularly Dangerous for Slip and Fall Accidents
- What Are Some Common Types of Slip and Fall Injuries?
- Common Defendants in Slip and Fall Cases
- How You Can Win a Slip and Fall Case
- Slip and Fall Cases Are Not the Easiest Types of Personal Injury Lawsuits
- You Must Prove What Happened in Your Case to Win
- What You Need to Do After a Slip and Fall Injury
- Your Slip and Fall Attorney Must Find the Right Party to Sue
- Getting Enough Financial Compensation Is a Large Part of Your Fight
- Beware of the Tactics of the Insurance Company in a Slip and Fall Case
- Filing a Lawsuit
- You Must Act Quickly to Make the Strongest Case
- Contact our Bloomfield Hills Slip and Fall Injury Attorneys Today
Causes of Slip and Fall Injuries in Bloomfield Hills
Here are some of the common causes of slip and fall accidents in the Bloomfield Hills:
- Debris in the aisles of Costco
- Loose strings on the carpet of a hotel
- Spills and liquid on the floor of Kroger Fresh Fare
- Broken and cracked pavement in a private shopping center parking lot
- Slippery floors in the West Bloomfield Shopping Mall
No matter what led to your fall or where it happened, always discuss a possible claim with Michigan Injury Lawyers.
The Michigan Winters Are Particularly Dangerous for Slip and Fall Accidents
Slip and fall accidents can happen any time of the year, but they are even more common in the cold and inclement Michigan winters.
Cold weather can cause slip and falls when:
- The cold can damage or break concrete, causing loose chucks and uneven surfaces
- People who have the responsibility to clear snow and ice promptly fail to do so in time
- Businesses do not give patrons the ability to dry their feet when entering, and people track moisture onto the floors
Slip and fall accidents can happen anytime you are on another party’s property, in a business that has invited you onto their property. They do not need to give you a personalized and formal invitation - they just need to hold their property out to you as open to the public.
What Are Some Common Types of Slip and Fall Injuries?
Slip and fall cases can cause several serious injuries, including:
- Hip fractures
- Other broken bones
- Soft tissue injuries
- Neck and back injuries
- Spinal cord injuries
- Internal injuries
- Traumatic brain injuries
Even a broken limb can cause more problems and cost more than you might imagine. Your life may come to a complete halt while you recover from your injuries. While most people associate slips with minor injuries, many slip and fall victims experience serious injury-related effects and losses.
Common Defendants in Slip and Fall Cases
Here are some parties against whom you may file a claim or lawsuit in a slip and fall accident:
- A retail establishment where you were shopping, when they left debris in the aisle, or another customer created a hazard that the store did not clean up in a reasonable amount of time.
- A property owner had a dangerous condition in the parking lot, such as not cleaning up snow and ice in time.
- A government entity that did not properly maintain the sidewalks (there are different rules for suing the government that you need to know before you file a claim)
- A homeowner that invited you onto their property, and they had broken pavement or a slippery walk.
- A restaurant or entertainment establishment that had a slippery floor
These are just some examples of who you may sue in a slip and fall case. So long as the property owner violated their duty of care, they may owe you money.
How You Can Win a Slip and Fall Case
Falls are not always the result of your own mistake. Others can make things far more dangerous for you with their lack of care. In a slip and fall case, you must prove that the person responsible for the property failed to uphold their duty of care to you by acting unreasonably under the circumstances.
There are two possible ways that you can prove someone’s legally responsibility for your fall:
- If the property owner created the dangerous condition themselves, they should be responsible for your injuries.
- If someone else was responsible for the dangerous condition, the property owner must fix it within a reasonable amount of time after they knew or should have known about it. In other words, they cannot do anything and then claim they did not know about the condition.
In general, a reasonable property owner will periodically inspect their own property to see if there are any dangers. If someone told them there was a hazard, they should take prompt steps to make things safer for those walking on the floor or path.
Slip and Fall Cases Are Not the Easiest Types of Personal Injury Lawsuits
The property owner and their insurance company may try to blame you for your injuries. They may claim that you should have seen the danger because it was open and obvious. In other words, the property owner was so careless that they tried to make the injury your fault.
Alternatively, the insurance company may accuse you of carelessly causing your injuries. In a slip and fall claim, your attorney from Michigan Injury Lawyers may need to defend your actions before falling.
Slip and fall cases are among the more complex types of personal injury cases. We do not say this to talk you out of filing a claim. Instead, you should know you will have the evidence necessary to prove your claim. The insurance company sees many of these claims, so they will automatically take a skeptical view of them.
You Must Prove What Happened in Your Case to Win
Not only will you need to prove what happened in your accident, but you will also need to show what the responsible party knew or should have known. Showing that you slipped and fell due to a dangerous condition may not be enough to win your case.
Evidence can help your case, including:
- Witness testimony from people who saw what happened to you
- Witness testimony from people who saw the conditions in the area at the time you fell
- Pictures of the scene of the fall, both from before the time you fell and when you suffered an injury
- Video footage from a closed circuit or security cameras
- Maintenance records that can show property inspections and what measures the responsible party took to correct any problems
- Testimony from an accident reconstruction expert
What You Need to Do After a Slip and Fall Injury
If you have suffered an injury in a slip and fall accident, there are two things that you should do right after your accident.
First, you will need to get medical care to diagnose and treat your injuries. Be mindful of the fact that the insurance company is already going to be very skeptical of any claims that you make.
The longer that you take to see a doctor and diagnosed your injuries, the more likely the insurance company will:
- Minimize the extent and severity of your injuries.
- Claim that your injuries are not connected with your fall but came from something else.
In addition, you should also hire an attorney to represent you as soon as possible. You have a minimal window of time to gather slip and fall accident evidence. If you do not move quickly to get statements from witnesses, you may be unable to locate them.
Further, you may need to obtain evidence that is in possession of the responsible party. If that is the case, you may need to file a lawsuit and make information requests in the discovery process. For example, the responsible party is not going to give you security camera footage and maintenance logs. You will need to ask for them as part of a formal process.
Your Slip and Fall Attorney Must Find the Right Party to Sue
Beyond gathering evidence, there are several other initial legal challenges. You have to know the right party against which to file a claim. The owner of the property may not be the one who you sue. If someone else had control of the property (for example, a store with a tenant in a retail building), they can be the proper defendant.
In addition, it is not always easy to determine the ownership of the property. These days, separate LLCs own many properties to minimize liability. You need a lawyer who can figure out a complicated ownership structure before you can take legal action. You may face multiple defendants and need to file a claim or lawsuit against all of them.
Many slip and fall cases are filed against corporate defendants because that is who owns the property. There are benefits and risks here. The main plus is that a corporate defendant likely has a larger policy to pay for damages. However, corporate defendants also have greater resources to fight against your lawsuit.
You need a law firm with the resources you need to take on businesses and their corporate insurance companies. You want Michigan Injury Lawyers on your side.
Getting Enough Financial Compensation Is a Large Part of Your Fight
Even if you successfully prove legal responsibility for your accident, it is far from the end of your legal battle. Showing negligence is just the first step in the process. You must get a settlement that fully compensates you for your injuries.
Again, the insurance company has some tricks up its sleeves. They will doubt whether a “simple fall” can cause such serious injuries. In reality, they know full well that you have suffered an injury because they can see your medical records. The insurance company tries to save money by minimizing the seriousness of your injuries.
When you are negotiating a settlement or seeking damages in a lawsuit, you may seek damages for:
- The cost of your medical care
- Lost earnings from your job
- Pain and suffering
- Permanent scarring and disfigurement
- Embarrassment and humiliation
- Loss of enjoyment of life
The legal team at Michigan Injury Lawyers will fight for every dollar you deserve for your losses.
Beware of the Tactics of the Insurance Company in a Slip and Fall Case
If the insurance company tries to settle your claim, they will try to do it for pennies on the dollar. If you have hired an experienced attorney, you will know that the insurance company is trying to put one over on you, and you will say no. Your attorney will help you get a better settlement than you can have gotten on your own by knowing when to say no and push back. You always have the right to ask for more, and the insurance company cannot tell you what you have to take.
Filing a Lawsuit
If you cannot settle your claim, or if an insurer denies it entirely, you can file a lawsuit against the defendant in court. You will need to prove your case to the jury that the defendant was negligent. Juries can award you more than you may have gotten in a settlement, but you risk getting nothing if the jury does not rule in your favor. Insurance companies usually know when they have a high legal risk and are much more aggressive about settling those cases.
You Must Act Quickly to Make the Strongest Case
You should act now to get the money that you may deserve in a claim or lawsuit. Slip and fall cases can take a long time to resolve. It does not mean that you should not file a claim. It means you should start the process as soon as possible, so you can get your money as quickly as possible (if and when your case is successful).
Contact our Bloomfield Hills Slip and Fall Injury Attorneys Today
Our Bloomfield Hills personal injury attorneys at Michigan Injury Lawyers can fight for you to receive the compensation you need after you have suffered an injury due to someone else’s carelessness.
First, contact us for your free initial consultation. You can contact us online or call us today at (313) 438-4357. You owe us nothing unless you win your case.
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Bloomfield Hills Office Location
2525 S Telegraph Rd, Ste 100,
Bloomfield Hills, MI 48302
Telephone: (248) 454-0800
Toll Free: (888) 454-0801
Fax: (248) 456-8470