Legal Question in Personal Injury in Michigan

slip and fall

my friend slipped and fell in a sporting goods store. She was contacted by the sotes's rep insurance company inquyiring about the injury. She signed a release to get medical info and the rep stated that she will be compensated after treatment is finished for paid and suffering and medical costs. What is appropriate for pain and suffering if she were to settle without legal representation?


Asked on 1/04/07, 5:48 pm

3 Answers from Attorneys

Jeffrey Buehner Jeffrey Buehner, PLLC

Re: slip and fall

Her settlement without legal counsel is going to be far short of what she would have received with an attorney. Tell your friend to hire an attorney. An attorney can negotiate with the insurance company before filing any lawsuit if your friend wants to avoid litigation. Insurance carriers try to get people to negotiate without an attorney so that they can pay a smaller settlement. Tell your friend not to be foolish.

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Answered on 1/04/07, 7:00 pm
William Stern William Stern, P.C.

Re: slip and fall

You do not get compensation simply because you are hurt. It must be someone else's fault. Therefore, it is absolutely imperative to know how the incident occurred. Also, in many states, including Michigan, there is a doctrine known as open and obvious. If the defect that caused the occurrence was open for your friend to see, then she would most likely lose in court. Also, did you notice that you failed to say what the injury was? It is very clear that every case is different and unless the details of the injury are known, no one could answer your inquiry. The point is, you should not handle this yourself. Get a lawyer that knows what he or she is doing and the fee will be more than paid by the result. William S. Stern

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Answered on 1/04/07, 8:15 pm

Re: slip and fall

If your friend feel competent to practice law and settle a case without representation, your friend should know to do the jury verdict research and prepare a proper demand package. If on the other hand your friend does not feel experienced enough to practice law, they should retain an attorney that understands how to properly evaluate the case.

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Answered on 1/04/07, 8:46 pm


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