You may be able to sue if you’ve been injured due to a slip and fall on ice. When a property owner or the person who has possession and control of the property fails to take reasonable care to protect customers and shoppers who enter onto premises from the dangers of ice and snow, then the property owners are deemed negligent and can be held legally liable for the injuries that result.
How Could a Lawyer Help Me?
A slip-and-fall lawyer can guide you through the legal process, preserve and collect evidence, get statements from witnesses, subpoena video surveillance tapes and incident reports, file a lawsuit, communicate with the defendant’s insurance company, negotiate a fair settlement, and represent you in court if necessary. One of the experienced slip and fall attorneys at Michigan Slip And Fall Lawyers can help you prove the defendant’s negligence and enforce your right to compensation.
What Do I Have to Prove to Sue?
In a slip-and-fall case, typically, you need to prove that:
- The liable party (usually the property owner) owed you a duty of care, such as maintaining the premises safely.
- That party neglected this duty, for example by not adequately treating ice on their property.
- This negligence led to your accident and injury.
Please note that courts sometimes use a comparative negligence system, which means if you were partially at fault, your compensation might be reduced proportionally.
How Much Time Do I Have to Sue?
The time limit for filing a lawsuit, known as the statute of limitations, varies by state. For example, in Michigan, you have three years from the date of your slip and fall incident to file. In other states, you may have more or less time to sue.
What Kinds of Compensation Am I Entitled To?
When you win a slip-and-fall lawsuit, you may be able to receive compensation that covers:
- Medical treatment costs
- Loss of income caused by the injury
- Pain and suffering
Remember, each case is unique, so it’s essential for you to consult a lawyer to get advice tailored to your specific situation.
Injuries that May Occur
The top five most common injuries that people suffer in slip and fall accidents are:
- Head Injuries: These can range from mild concussions to severe traumatic brain injuries. Due to the seriousness of these injuries, medical attention is often required immediately even if the injury appears minor initially.
- Spinal Cord Injuries: Depending on the location of the injury on the spinal cord, it can result in full or partial paralysis or potentially milder symptoms.
- Broken Bones: Slip and fall accidents can lead to fractures or broken bones, which sometimes get misdiagnosed or mistaken for mild pain or bruising. Common symptoms include discoloration of the skin, pain, and tenderness to the touch.
- Soft Tissue Injuries: These are often less visible and can include sprains, strains, and tears in muscles, tendons, or ligaments. Such injuries might not be immediately apparent, making them more problematic in the long term.
- Cuts and Abrasions: These are common, especially on the arms, legs, and head. The severity of these injuries can range from minor cuts to substantial wounds requiring stitches.
It’s essential to consult a healthcare professional following a slip and fall accident to promptly identify and address these potential injuries.
In conclusion, if you’ve suffered an injury due to a slip and fall accident, particularly in inclement weather such as ice, you do have the legal right to pursue a lawsuit. The liable party, typically the property owner or manager, may be held accountable for negligence in their duty of ensuring a safe environment. Formulating such a case takes skill and expertise, given the need to establish negligence and the cause of injury. Therefore, enlisting the help of an experienced lawyer is highly recommended. They can guide you through the legal process, gather needed evidence, and represent your interests to secure just compensation. Bear in mind that legal time limits apply, so it’s imperative to act promptly in seeking legal advice and care for your injuries.