Slip and fall accidents are sudden and sometimes devastating encounters that can result in a wide range of injuries. Depending on how a person lands when they fall, they could be dealing with bruises, fractures or more.
The financial consequences of slip and fall accidents can be overwhelming because the resulting injuries may require out-of-pocket medical expenses. Understanding how settlements for these cases are calculated is important for anyone pursuing a claim.
The legal basis for slip and fall claims in Michigan
In Michigan, slip and fall claims are regulated by premises liability law. Before an individual can pursue a claim, they ought to demonstrate the following elements:
- The property owner should have taken precautions to avoid the accident
- The property owner’s negligence directly resulted in the slip-and-fall accident
- The slip and fall accident caused the individual significant injuries
That said, individuals should know that if they contributed to their own fall, that might affect their claim.
Key factors in settlement calculations
When calculating a settlement for a slip and fall claim, the law outlines that there should be sufficient funds for the afflicted individual to cover medical expenses, including:
- Hospital stays
- Surgeries
- Physical therapy
- Long-term care required for permanent injuries
The injured individual may also be able to expect compensation for any lost wages incurred during recovery. Furthermore, state law accounts for non-economic damages like physical pain, emotional distress and reduced quality of life.
The degree of negligence the property owner exhibited can also impact the settlement. Proof of blatant carelessness may lead to higher compensation.
Afflicted individuals should note that acquiring compensation can be tricky if they’re found more than 50% at fault for their slip-and-fall accident. This is because Michigan law aims to hold property owners accountable only when they’re undeniably at fault for a visitor’s injuries.
It’s also important to remember that a property owner’s liability insurance policy limit may influence a settlement. In some cases, pursuing additional compensation through lawsuits may be necessary.
Individuals who sustain devastating injuries due to a slip and fall accident may wonder how much compensation they can acquire. They can help maximize their settlement and afford the treatment they need with appropriate legal guidance.