When a building is not properly maintained for an area that is not properly kept to the standards that are set by the locality or by the state, accidents may happen. While accidents may not be wanted by any person, especially the person who owns the property, they can easily be prevented.
The prevention of causing accidents to individuals is one of the main responsibilities of a building owner or a property owner. This is why slip and fall injuries are penalized in the state of Michigan as well as anywhere else in the United States.
If you have been in an accident that could have been prevented, we know how frustrating it can be. Here at Haque Legal, our goal is to make sure that you are compensated for a slip and fall injury that you may sustain.
To continue our series of articles, let us look at the possible settlement of your slip and fall case.
Can I settle out of court?
Most of the cases of slip and fall in the state of Michigan do not reach court proceedings. There are a lot of instances where individuals would rather settle their damages and the payment for their treatment to go to court.
If you decide to settle out of court, there are some things that you should know before signing that settlement.
Get your lawyer to review the settlement
Make sure that before you sign anything you get a Southfield slip and fall lawyer to review the settlement. You may be pressured to sign and to get things settled as soon as possible but if you want to be able to properly protect your rights and to make sure that you are being taken care of, get a lawyer to review the settlement.
Are you being properly compensated?
One thing that you always tell our potential clients and our clients is to ask themselves if they are being properly compensated by the settlement. If the settlement pays for all of the treatment but does not cover any of the lost wages that you have experienced or takes into account the effect of the injury, then you are not being properly compensated by the settlement.
You have three main considerations to look at to determine if you are being properly compensated: the payment of your treatment lost wages, and the effect of the injury on your future. All of these three things must be taken into consideration in the settlement amount. You should never walk out of the settlement discussion with just the payment for your treatment, which a Southfield personal injury lawyer can help you obtain.
How do I handle an insurance adjuster?
An insurance adjuster is a person who is tasked by the insurance company to talk to you about the circumstances of your fall or your slip. After you file your claim for the slip or the fall, you will get a call from the insurance adjuster and there will be an investigation that will be pursued.
We always say this to our clients and we will repeat it: the insurance adjuster is not your friend. He is not on your side and he is on the side of the insurance company. If the end goal of the insurance company is not to pay then the end goal of the insurance adjuster would be to get you to give statements that would negate any right that you may have to be paid for your injury.
This is why we highly suggest that if you are being contacted by the insurance company you first talk to a lawyer and you be in the presence of your lawyer while you talk to the insurance company’s insurance adjuster.
The only person on your team at the time of an insurance claim would not be your insurance agent or the insurance adjuster but it would be your lawyer.
Even if you think that the insurance adjuster is friendlier compared to your lawyer who is giving them a very straight face and a very clear NO, you need to trust that your lawyer has your best interest in mind. Now is not the time to people please, now is the time to get compensated for the injury that you sustained.
How much would I get in the settlement?
It depends on your claim. Generally, there are two kinds of settlement amounts – the economic damages and the non-economic damages.
Economic damages are the damages that are properly documented. This would include the payment for the hospital bills and the bills that you may have incurred for you to get back or try to get back to normal after sustaining the injury. This would also include the income that you lost while you are recuperating.
The non-economic damages are the damages that are part of your pain and suffering, your mental anguish, the sleepless nights caused by the injury, and the pain you sustained.
Can I sue the government if I slipped and fell on government property?
Yes, you can sue the government if you slipped and fell on government property. The government of Michigan is not in any way exempted from the liability that occurs from the negligence of maintaining the upkeep of a property. This would also include defective sidewalks as well as injuries that are sustained inside of the government facility.
If you want to sue the government, you should file the written notice to the government agency within 120 days from the date of the incident. Make sure that you have a lawyer to assist you in this process.
Let Haque Legal Help You
If you suffered a slip or fall or are being prosecuted for one, Haque Legal is here for you. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need help with filing for a slip and fall case, we are here to help. Our operators are always standing by to help you out.