Legally Reviewed and Edited by: Terry Cochran

Published on: January 9, 2025

A slip and fall accident can leave you with painful injuries, unexpected medical bills, and time away from work. The uncertainty of what comes next can feel overwhelming, especially if you are considering filing a claim to seek compensation.

Knowing what to expect during the slip and fall claim process can help you feel more prepared. Holding a negligent property owner accountable often involves an investigation, negotiations with insurance companies, and, if necessary, taking the case to court. Each step helps determine whether you receive a fair payout for your injuries.

Injured in a slip and fall accident? At Cochran, Kroll & Associates, P.C., we fight for victims who suffer due to hazardous conditions. Our experienced slip and fall lawyers in Michigan gather evidence, negotiate with insurers, and handle every legal detail so you can focus on healing while we pursue the compensation you deserve.

Common Types of Slip and Fall Accidents

Slip and fall accidents can happen anywhere, but certain hazardous conditions make them more likely. Some of the most common causes include:

• Wet or slippery surfaces. Spilled drinks in grocery stores, icy sidewalks, or freshly mopped floors without caution signs can cause serious falls.
• Uneven flooring or sidewalks. Loose tiles, cracked pavement, and torn carpets create tripping hazards in indoor and outdoor spaces.
• Poor lighting. Dim stairwells, hallways, and parking lots make it difficult to see obstacles, increasing the risk of accidents.
• Unsafe stairs. Broken steps, missing handrails, and unstable staircases make descending or climbing dangerous.
• Obstructed walkways. Cluttered store aisles, electrical cords, and debris in walkways can cause unsuspecting pedestrians to trip and fall.

What Happens After Filing a Slip and Fall Claim?

Once you’ve filed a slip and fall lawsuit in Michigan, your case will go through several stages before reaching a settlement or trial. Below is a step-by-step breakdown of actions to take and what you can expect:

Step 1: Investigation and Evidence Collection

Before officially filing a premises liability case, your attorney will need to investigate and collect critical evidence. This helps them understand what happened, who is liable, and ultimately, draft a well-supported claim for damages. Your Michigan personal injury lawyer will:

• Compile incident reports from the accident location. These may include accident logs, maintenance records, or internal reports from the property owner, which can reveal whether they knew about the hazard and how they responded.
• Obtain surveillance footage, if available. Security cameras may have recorded the fall, showing how long the hazard was present and whether any warnings or repairs were attempted.
• Collect medical records to document your injuries. Hospital bills, doctor’s notes, and treatment plans provide evidence of the harm caused, its impact on your health, and the total cost of your medical expenses.
• Interview witnesses who saw the fall. Their statements can confirm unsafe conditions, describe how the accident occurred, and support your version of events.
• Review maintenance records for past safety violations. If inspection reports or repair logs show a pattern of ignored hazards, it strengthens the argument that negligence was ongoing.

Gathering these documents can take several days to weeks or months, depending on the parties involved. Once all the evidence is collected, your attorney will organize the findings into a demand letter to the insurer outlining your claim.

Step 2: Demand Letter and Settlement Negotiations

To file an insurance claim and begin negotiations, your attorney will draft a demand letter. This formal document outlines the following:

• The facts of the case (how the accident happened).
• Your injuries and medical treatment.
• The compensation amount you’re seeking.

At this point, negotiations begin. The insurance company may:

• Accept the claim and offer a settlement. This is the best-case scenario, allowing you to receive compensation quickly. In Michigan, if an agreement is made, the insurer must pay within 60 days.
• Make a low offer, hoping you’ll accept out of financial need. Insurers often start with an amount far below what a claim is worth, expecting that pressure from medical bills or lost income will push you to settle quickly.
• Deny responsibility, leading to further legal action. They may argue there wasn’t negligence, the hazard wasn’t their responsibility, or the injuries aren’t as severe as claimed.

Insurance negotiations typically last several weeks as both sides review and challenge the evidence. If no agreement is reached, the next step is filing a lawsuit.

Step 3: Filing a Lawsuit and the Discovery Process

If the insurance company refuses to offer fair compensation, your lawyer will officially file a lawsuit in a Michigan court. This step begins the slip-and-fall lawsuit timeline, which can take several months to over a year.

During discovery, both sides exchange evidence and witness testimonies. This process may include:

• Depositions. Interviews with involved parties under oath. This includes you, the property owner, and any witnesses.
• Expert testimony. Medical professionals explaining your injuries and their long-term impact.
• Interrogatories. Written questions answered by both sides. These help clarify the facts of the case.

This phase is crucial because it allows both sides to assess the strength of their case before trial.

Step 4: Mediation and Settlement Talks

Before the case reaches trial, both parties may attempt mediation, a process where a neutral third party helps negotiate a settlement. Many slip and fall cases resolve at this stage because:

• Trials are expensive and time-consuming. Mediation allows both parties to avoid the high costs and lengthy process of a trial.
• A fair settlement provides faster compensation. Victims can receive their compensation sooner, allowing them to focus on recovery.
• Insurance companies want to avoid court risks. Trials are unpredictable, and insurers often prefer to settle to avoid the possibility of a large jury verdict.

When both parties reach an agreement during mediation, the settlement process ends, and you receive your slip and fall compensation soon after. If not, the case proceeds to trial.

Step 5: Trial (If Necessary)

After unsuccessful mediation, your slip and fall lawyer Michigan will take your case to court. Here’s what to expect during a trial:

• Jury selection. In a jury trial, both sides participate in voir dire, question potential jurors, and choose those who can fairly evaluate the case.
• Opening statements. Your attorney and the defense will present their arguments, outlining what they intend to prove.
• Presentation of evidence. Both sides will present evidence, including:
  • Witness testimony from you, the property owner, witnesses, and experts like doctors or accident reconstruction specialists.
  • Documentary evidence such as medical records, surveillance footage, and maintenance logs.
  • Expert testimony from medical professionals to explain the extent of your injuries and their long-term impact.
• Cross-examination. Each side will question the other’s witnesses to challenge their credibility or the strength of their testimony.
• Closing arguments. Both sides summarize their case and explain why the jury should rule in their favor.
• Jury deliberation. The jury will review the evidence and reach a verdict. The judge will decide if it’s a bench trial (no jury).

Why You Need an Attorney for a Successful Slip and Fall Claim

Managing a premises liability case on your own can be overwhelming. Insurance companies often try to minimize payouts or deny claims, making getting the compensation you deserve challenging.

At Cochran, Kroll & Associates, P.C., our skilled Michigan personal injury lawyers have the resources and experience to take on tough cases and win. Here’s why you should consider working with us for your case:

• We’ve secured top verdicts for our clients, including a $1.2 million verdict for a fall that injured a construction worker in Flint.
• Our team includes partner attorney and registered nurse Eileen Kroll, whose dual expertise gives her a unique advantage in assessing injuries, proving damages, and maximizing settlements.
• We have a history of backing clients at trial with solid evidence and courtroom strategies that help victims get the full compensation they deserve.

We advocate for injured Michiganders in slip and fall claims. Our legal team will help you win the financial support you need for medical bills, lost wages, and pain and suffering.

Seek Legal Help After a Slip and Fall Accident

Suffering injuries in a slip and fall can leave you feeling overwhelmed and financially vulnerable. At Cochran, Kroll, & Associates, P.C., our experienced team can manage your claim, giving you the time and space needed to heal and rebuild your life.

Reach out to us to discuss your case during a free confidential consultation.

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 and schedule your no-obligation, free case evaluation.

FAQs

How long do I have to file a slip and fall lawsuit in Michigan?

In Michigan, the statute of limitations for filing a slip and fall lawsuit is three years from the accident date. Filing as soon as possible helps preserve evidence and strengthens your case.

If you’re unsure how to file a slip and fall claim, a Michigan personal injury lawyer can guide you through the process.

What if the property owner disputes the claim?

If the property owner disputes your claim, they might argue that you were at fault, the hazard was obvious, or they had no prior knowledge of the dangerous condition. Your attorney will push back with evidence like surveillance footage, witness statements, and maintenance records to challenge these defenses and prove negligence.

How much compensation can I expect from a slip-and-fall case?

A slip and fall settlement depends on the severity of your injuries, medical expenses, lost income, and how the accident impacts your daily life. Cases with permanent injuries or long-term medical needs often result in higher settlements.

Your attorney will assess these details, negotiate with insurers, and, if needed, take the case to court to pursue fair compensation.

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.