Legally Reviewed and Edited by: Terry Cochran

Published on: October 24, 2024

Slip and fall accidents can happen suddenly, leaving victims with painful injuries and mounting medical bills. Whether it occurs at a grocery store, on a wet sidewalk, or in a workplace, these accidents can have serious consequences.

In 2021, nearly 7 million people visited the ER for fall-related injuries, and in 2022, over 46,000 people died due to falls at home and work across the country. If you were hurt in a slip and fall accident, you have the right to pursue compensation, but how long do you have to sue after a slip and fall accident in Michigan?

Explore the legal process involved in slip and fall cases, including the statute of limitations in Michigan, what to expect during the filing process, and how slip and fall attorneys at Cochran, Kroll & Associates, P.C. can assist with your claim.

What Is a Statute of Limitations?

There is a set time limit for filing your claim in court in personal injury cases. This deadline is called a statute of limitations. While it may seem strict, a statute of limitations keeps the legal process fair and timely. The state sets these guidelines to protect all parties involved.

For the injured party, it helps ensure cases are handled when evidence is still reliable and easier to gather. It encourages timely action and keeps your case moving forward. For the defendant, it prevents lawsuits from being brought years after the event when gathering accurate details may be difficult or impossible.

How Long After a Slip and Fall Can You Sue? Michigan’s Statute of Limitations

In Michigan, the statute of limitations for filing a personal injury lawsuit for a slip and fall is three years from the accident date. This means you have three years from the day you were injured to file a lawsuit in civil court.

If you fail to file within this time frame, your case will likely be dismissed, and you will lose the right to seek compensation for your injuries, medical bills, lost wages, and other damages related to the accident.

Are There Exceptions to the Standard Timeline for Filing a Slip and Fall Claim?

Although you typically have to follow the standard timeline for filing, the answer to how long after a slip and fall you can sue isn’t always straightforward. In certain situations, you or a loved one may have more time to file:

What Should You Do Immediately After a Slip and Fall?

Your actions immediately following a slip and fall accident can impact your ability to file a successful claim. Here are a few steps to take to strengthen your case:

• Seek medical attention. Visit a medical provider for immediate care of your injuries, even if you don’t feel seriously hurt. Injuries like traumatic brain injuries or internal bleeding may not be immediately apparent. Having medical documentation of your injuries is crucial for supporting your claim.
• Report the accident. Notify the property owner or manager of the incident as soon as possible. If you fall in a public place like a store or restaurant, file an incident report. For workplace accidents, notify your supervisor and follow company protocol.
• Document the scene. Take photos of the area where you fell, paying attention to the hazard that caused the accident. If possible, capture images of any conditions that may have led to your fall, such as wet floors, broken pavement, or debris.
• Collect contact information. Collect witness contact information if anyone saw your slip and fall. Their testimony can help support your version of events and establish dangerous conditions.
• Consult an attorney. Contact an experienced slip and fall lawyer to guide you through the legal process. Our qualified attorneys at Cochran, Kroll, & Associates, P.C. will help you understand your rights, gather evidence, and seek fair compensation.

Why It’s Important To Act Quickly After a Slip and Fall

Taking immediate action after a slip and fall helps preserve evidence and strengthens your legal claim. Delaying could result in lost details and difficulty proving your case. Our team at Cochran, Kroll, & Associates, P.C. can protect your rights by:

• Gathering and preserving evidence. We secure key evidence like security footage, photos, and witness statements. These can be lost, misremembered, or written over, making it essential to gather them quickly.
• Crafting a well-supported claim. Timely action allows us to investigate the accident thoroughly, collect reports, identify hazards, and organize facts. This detailed approach strengthens your claim, making it harder for the defense to challenge.
• Working with experts. We collaborate with specialists such as safety engineers or medical professionals to help us analyze the conditions and your injuries. Their reports support your case with technical insights that can prove fault or validate the severity of your injuries.
• Negotiating with insurers. Insurers may try to offer quick, low settlements, hoping you’ll agree to less than your claim is worth. Our skilled attorneys can negotiate effectively, pushing for a fair offer backed by solid evidence to maximize your compensation.
• Defending your rights in court. If the insurance company refuses to settle, we will present a strong case in court on your behalf. Our team includes Terry Cochran, partner attorney with years of courtroom litigation experience and a winning track record for helping clients win the settlement they deserve.

How Eileen Kroll Can Help Your Case

Eileen Kroll, a senior partner at Cochran, Kroll & Associates, P.C., brings invaluable medical expertise to slip and fall cases, particularly when handling complex injuries such as traumatic brain injuries or fractures.

Her experience as a registered nurse allows her to thoroughly analyze medical records and accurately assess the severity of injuries. This medical insight enables her to present these details in legal cases, helping build a stronger, well-supported argument on your behalf.

With her combination of medical knowledge and legal experience, Eileen ensures that no detail is overlooked and that your compensation fully reflects the seriousness of your injuries.

How Long Does a Slip and Fall Case Take?

The timeline for resolving a slip and fall claim can vary. In some cases, a settlement may be reached in a matter of weeks or months, while more complex cases, especially those that go to trial, can take years. Factors that can affect the length of your case include:

• Severity of injuries. Cases involving serious injuries, such as a traumatic brain injury, may require extensive medical documentation, which can lengthen the process.
• Willingness to settle. If the property owner or their insurance company is unwilling to offer a fair settlement, your case may take longer as it proceeds to trial.
• Court availability. If your case goes to trial, the court’s schedule and availability can affect the time it takes to resolve it.

At Cochran, Kroll, & Associate, P.C., your attorney will work diligently to achieve the best possible outcome through settlement negotiations or litigation.

What Compensation Can You Receive?

The compensation you can receive in a slip and fall claim depends on the severity of your injuries, the circumstances surrounding the accident, and how your life has been impacted. Courts and insurance companies typically evaluate these elements to determine the appropriate level of compensation. The main types of compensation available in a slip and fall case:

• Medical bills. This is often the most immediate form of compensation. It covers the full range of medical expenses related to your injury, including emergency room visits, doctor consultations, hospital stays, surgery, medication, and any required medical devices such as crutches or wheelchairs.
• Lost wages. If your injuries prevent you from working, temporarily or permanently, you are entitled to compensation for lost wages. This is income you’ve already lost during recovery and future wages if your injuries result in a prolonged or permanent inability to return to work.
• Pain and suffering. In addition to the tangible costs of medical bills and lost wages, you may also be compensated for non-economic damages like pain and suffering. This category accounts for the physical pain due to the accident and the emotional consequences, such as anxiety, depression, or reduced quality of life.
• Property damage. You can receive compensation for property damage for any personal belongings damaged or destroyed in the accident, such as a broken phone, eyeglasses, or personal items you were carrying at the time of the fall.
• Long-term care and rehabilitation. Compensation may cover long-term care costs such as healthcare services, modifications to your living space (wheelchair ramps or bathroom adjustments), and ongoing medical needs related to the injury.
• Loss of enjoyment of life. In some cases, slip and fall victims may be compensated for the loss of enjoyment of life. This compensation recognizes that serious injuries can affect your ability to participate in activities that once brought you joy, such as hobbies, sports, or spending time with loved ones.

At Cochran, Kroll & Associates, P.C., our team assesses these factors carefully when seeking compensation on your behalf. We will pursue maximum damages and ensure your compensation reflects the full scope of your injuries and the long-term impact on your life.

Protect Your Right To Compensation: Get a Free Case Evaluation Today

If you’ve been injured in a slip and fall accident, Michigan’s statute of limitations gives you three years to file a lawsuit, but the sooner you act, the stronger your case will be. Having a dedicated and experienced legal team by your side is critical to the outcome of your case.

Our attorneys are skilled in handling complex slip and fall cases and are committed to helping clients receive the compensation they deserve. Speak with us today in a free case evaluation to understand how long after a slip and fall can you sue and take the next legal steps for your case.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.