How Does Insurance Affect My Slip and Fall Claim?

When you experience a slip-and-fall accident, understanding how insurance affects your claim is a must. These accidents can happen under many different circumstances, at practically any time, so it’s wise to be aware of the process ahead. 

Making sense of the insurance landscape is important for ensuring you receive the compensation you deserve for covering medical bills, lost wages, and related expenses.

Understanding Liability Insurance

In Michigan, property owners tend to carry liability insurance to cover injuries that occur on their properties. This coverage is essential, as it provides a financial cushion for property owners, as well as compensation for injured parties. 

If you experience a slip and fall due to a property owner’s negligence, their insurance policy can cover your medical expenses, rehabilitation costs, and other associated damages.

Determining Fault

The key to a successful slip and fall claim is proving that the property owner was at fault. Michigan law requires that you demonstrate a property owner knew or should have known about the hazards present on their property and failed to address them. 

Insurance companies will investigate these claims, as well as the circumstances surrounding your injuries. They’ll look into things like the condition of the property, whether the owner knew about the hazard, and any action taken to prevent the accident in question.

To support your claim and prove the property owner’s negligenc, gather evidence, such as photographs, witness statements, and medical records.

The No-Fault Insurance System

Michigan operates under a no-fault insurance system for auto accidents, but this does not apply to slip and fall cases. In slip and fall incidents, you must pursue a claim against the property owner’s liability insurance. Unlike auto accidents, where your own insurance pays for your injuries regardless of fault, slip and fall claims require proving the property owner’s negligence.

Comparative Negligence Rule

Michigan follows the comparative negligence rule, which can affect the compensation you receive in a slip and fall claim. Comparative negligence means that if you’re found partly responsible for your accident, your compensation will be reduced by your degree of fault. 

For example, if you were determined to be 20% responsible for not paying attention to warning signs on the property, your compensation would be reduced by 20%.

Insurance companies often use this rule to minimize their payout by arguing that you share some responsibility for your fall. Working with an experienced attorney can be incredibly valuable in countering these arguments. This way, you have a better chance of receiving the compensation you’re entitled to.

Insurance Adjusters and Settlement Offers

After you file a slip and fall claim, an insurance adjuster will investigate your case. Adjusters work for the insurance company and their aim is to minimize the payout you receive. They may offer a quick settlement, but you should understand that these initial offers often do not reflect the full extent of your damages.

Before accepting any settlement offer, determine whether the amount is enough to cover your current and future expenses. This includes your lost wages, medical bills, and non-economic damages like pain and suffering.

Consulting with a personal injury attorney can help you evaluate the settlement offer and negotiate for a fair amount.

Role of Personal Injury Protection (PIP) Insurance

While Michigan’s no-fault system usually applies to auto accidents, if you were involved in a vehicle-related slip and fall accident, Personal Injury Protection (PIP) insurance may come into play. 

For example, if you slipped on a patch of ice while getting into or out of your car, your PIP coverage could help cover your medical expenses. However, this is really an exception rather than a rule for most slip-and-fall scenarios.

Filing a Lawsuit

If the insurance company denies your claim or offers an insufficient settlement, you may need to file a lawsuit. In Michigan, the statute of limitations for personal injury claims, including slip and fall accidents, is three years from the date the injury took place. This means you have three years to take legal action. 

Failing to file a lawsuit within this timeframe can result in losing your right to seek compensation. As such, it’s important to work with a legal professional and ensure that you meet all of your filing deadlines throughout the process.

In addition, working with an attorney can prevent instances of insurance companies attempting to short-change individuals who seek compensation for a slip and fall injury. These professionals will make it so that insurance companies don’t get away with offering insufficient settlement payouts.

Legal Representation

Hiring an experienced personal injury attorney can make a significant difference when it comes to the outcome of your slip and fall claim. An attorney can help you collect and preserve evidence to support your claim. They can also handle communications and negotiations with the insurance adjuster.

An attorney will make sure all of your legal documents are filed correctly and on time, as well as advocating for your rights and fighting for the maximum compensation you’re entitled to.

Impact of Pre-Existing Conditions

Insurance companies may review your medical history in an attempt to discover whether a pre-existing condition contributed to your injury. While these conditions do not disqualify you from receiving compensation, they can definitely complicate your claim. 

Insurance adjusters may very well attempt to claim that your injuries were at least partly due to the existence of a pre-existing condition. This may be so even if the condition in question has seemingly nothing to do with the injuries you sustained during your slip and fall.

It’s important to provide medical documentation that accurately describes how the slip and fall exacerbated your pre-existing condition. Do your best to ensure that the documentation you provide prevents insurance adjusters from dismissing you over existing health conditions.

Final Steps and Considerations

When dealing with a slip-and-fall claim in Michigan, you needl to stay proactive and informed. To encourage the process to proceed as easily as possible, keep the following tips in mind.

• Document Everything: Keep detailed records of your medical treatments, communications with the insurance company, and any expenses related to your injury.
• Avoid Social Media: Refrain from posting about your accident or injuries on social media, as insurance companies may use this information against you.
• Seek Medical Attention: Even if your injuries seem minor, seek medical attention immediately. Delayed treatment can harm your health and weaken your claim. Do not attempt to “tough it out” when you’re hurt, as much of the time, injuries can be significantly worse than they seem initially.

Get Support for Your Slip and Fall Claim

Making it through the complexities that result from a slip-and-fall claim in Michigan calls for a thorough understanding of how insurance can affect your case. From finding fault to dealing with adjusters to pursuing legal action, each step plays an important role in securing the compensation you deserve. 

Working with an experienced personal injury attorney can provide the guidance and support needed to navigate this challenging process and ensure your rights are protected.

If you’ve been injured in a slip-and-fall accident, it’s wise to work with an experienced attorney to receive compensation. Reach out to the Mike Morse Law Firm to schedule a consultation.