In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
Metro Detroit Injury Lawyers reached a pre-suit settlement earlier this month on a premises liability case involving a slip and fall on ice. Our client was injured early in the morning when he slipped and fell on the unsalted parking lot of his apartment complex as he attempted to access his car for work.
Often times a prospective client will reach out to our office weeks or even months after suffering a slip and fall accident seeking to pursue a claim for damages. Sometimes the best evidence to support their claim for damages has faded, changed or been replaced. It is more difficult to re-create the scene of a fall as time passes. Here are 5 tips to help preserve the evidence of a slip and fall claim to maximize your recovery:
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
Last week, Governor Snyder signed HB 4686, a bill that allows municipalities to use the "open and obvious" defense to claims alleging dangerous, defective, and unrepaired sidewalks. This law, which will go into effect immediately, will make cities effectively immune and removes any incentive to maintain city sidewalks.
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists for injuries caused by improperly maintained public buildings.
Learn more about Michigan's open and obvious doctrine, which threatens to bar many deserving Michigan slip and fall claims and prevent victims from receiving compensation for their injuries.
In premises liability cases, the location of the plaintiff’s fall can drastically change the requirements that must be satisfied in order to bring a claim for damages. Take for example a fall as a result of a defective sidewalk. If the injury occurred on private property, the plaintiff generally has three years from the date of the accident to bring a negligence claim. If, however, the injury occurred on a public sidewalk, the injured party must provide notice to the proper governmental agency within 120 of the accident, or risk having their case dismissed.