How Long Does It Take to Settle a Slip and Fall Claim

Personal injury cases can be scary and seriously affect your life. They can cause damage to your body or your property. This is why it’s vital to seek legal representation to ensure you receive compensation to make up for the wrong done to you.

Residents of Michigan should understand what to expect when settling their cases and how much time they should allot to the process. 

Factors that Affect When You Can Settle Your Claim

You should consider several factors when preparing to pursue your lawsuit. Understanding impacts can affect how long it takes to settle your claim.

Statute of Limitations

In Michigan, the statute of limitations expires three years after the day of your accident. If you exceed this time limit, the court will likely dismiss your case regardless of fault.

Should you need it, there are a few options for extension. These include spending time outside the state or a defendant’s attempts to conceal your claim. You will need to prove that these circumstances occurred in court. Besides that, these extensions are rare.

That said, most slip-and-fall settlements fall within the statute of limitations period. Remember that after the statute expires, you no longer have a case in the eyes of the law. This is why it is important to obtain an attorney, gather proof, and file your case as soon as possible.

Proving Fault

The only way to win your case is to collect evidence that proves the defendant is at fault for your accident. 

In a slip-and-fall case, you must prove that the business was negligent, which led to your injury. This can include documentation of the scene, witness records, and medical documents. You and your lawyer will work together to build a case against the person responsible. 

However, the comparative negligence rules will likely come into play during your proceedings. Comparative negligence is an accusation against a plaintiff that states that they had a share of fault in their injury. The following are actions that might qualify you for comparative negligence:

• Not using provided handrails or other guards.
• Knowingly or unknowingly entering a marked employees-only area.
• Not wearing proper footwear, despite agreeing to do so and signs advertising the same.
• Ignoring or not seeing signs advertising unsafe conditions.

Businesses must provide safe conditions for customers and properly advertise any shortcomings. Injuries that occur despite the company’s compliance may cause the jury to believe you share fault for your accident.

In this case, they will make deductions due to your comparative negligence. This concept often works in percentages. For example, if the court believes you are 10% liable for your case, you will subsequently lose 10% of your settlement. These deductions can add up quickly, but comparative negligence can cause you to lose your right to damages.

In Michigan, courts abide by the 50% Bar Rule. This rule states that anytime a personal injury case is over 50% your fault, you may lose the entitlement to a settlement altogether. Individuals who are 51% more liable for their accident can no longer collect damages. 

This fact highlights the importance of building a strong case. You should gather proper evidence proving the person responsible for maintaining the location of your injury was negligent.

Serious Injuries

In some cases, the injury you sustain in a slip-and-fall accident will go beyond the scope of what you would receive for medical bills alone. These include serious injuries that are life-threatening or result in chronic pain or complications.

Suing for pain and suffering or emotional distress will extend your proceedings. Yet, it will also increase the amount you collect for your settlement. Any long-lasting complications you might face due to a business’s negligence are grounds for these claims. You may have a right to these damages, especially if your injury is severe, but it’s wise to consult with your lawyer first.

What to Expect From Proceedings

When your injury occurs, you must report it and seek medical attention immediately. After doing so, you can document the scene if you can; otherwise, you should return later. 

Then, you’ll file and will likely receive a settlement from insurance. This might cover medical bills and lost wages while you recover. This amount will likely not be the maximum amount your claim is worth, which is where a lawyer comes in.

Your lawyer can create a court summons on your behalf. It will outline your case, explain what happened, and state your demands. The lawyer will then send the summons to the defendant, who will have roughly 20 days to provide an explanation of events.

There will be a period of comparing events during which the defendant may choose to settle outside of court. However, if you can’t agree, the case will go to trial, which will only take a few days.

 If you can prove the property owner’s negligence, you will win. After winning, you will receive a settlement amount agreed upon before trial. After this, the only complication you may face is an appeal period, extending the proceedings.

Your settlement depends on your case and what you filed for. There is no limit to how much you can sue for in a personal injury claim in Michigan. As mentioned, more severe injuries will yield higher settlements. 

For example, a case that results in brain damage may yield more than a broken bone. Working with a lawyer to understand your specific situation will clarify what your case is worth.

How Long Will It Take to Settle My Slip and Fall Claim?

In short, there is no exact timetable for settling a slip-and-fall claim. Still, you can take comfort in knowing that most straightforward slip-and-fall cases will conclude within a few months. Keep in mind that this is not always the case. 

More complex claims, or those involving severe injuries and fault disputes, can extend the time needed to settle. It’s essential to be patient and focus on working with your lawyer to create a compelling case. Doing so means you can recover damages from pain and suffering, medical bills, and emotional distress. 

Pursuing your case to the full extent of the law may yield much higher damages than filing through insurance alone. That said, you need a strong personal injury lawyer by your side to expedite the process and build a case that will get you the settlement you deserve. 

Don’t make the mistake of handling a slip-and-fall case on your own or simply filing through insurance. They will likely undervalue your claim, but the lawyers at Mike Morse LLC will not.

Mike Morse LLC has been in business for 25+ years and has helped over 25,000 individuals in Detroit and all over Michigan get the justice they deserve. They are tenacious, dedicated personal injury lawyers who will give you the facts on your case and fight for you in court. 

If you need legal representation, you can contact the firm to learn more about what your case might be worth.