You’re on a run, cut across a company’s public parking lot and trip over an uneven section of the lot.
You tear ligaments and spend time in a hospital. You are unable to work for a week after being released.
Could you have a personal injury case against the business that had not maintained its parking lot?
One of the biggest mistakes people make is assuming they need to know whether they “have a case” before calling an attorney, said attorney Rebecca Sposita, president of the Sam Bernstein Law Firm.
“We look at factors like the nature of the injury, its impact on your daily life or ability to work, the medical treatment involved and the available evidence — but you don’t need to have all of those answers before reaching out,” Sposita explained.
For law firms such as Bernstein Law, the consultation will likely be free, she noted.
“Attorneys will work on a contingency fee basis, meaning there is no attorney fee until we recover for our client,” Sposita said. “My advice is simple: If you believe you’ve been harmed, call to get help early.”
She said often people walk away from an accident thinking they probably should have done something different or have been more careful and aware. Yet Michigan follows a comparative fault system, which means:
- You may still be eligible for compensation, even if you were partially at fault.
- Your recovery may simply be reduced based on your percentage of responsibility.
“In other words, responsibility isn’t always all or nothing,” Sposita said. “If another party contributed to what happened — whether through negligence, unsafe condition or poor judgment — it’s worth exploring further before ruling yourself out.”
The severity of injuries is another factor in determining if you have a suit. What may seem like minor medical issues can develop into more serious injuries over time, she said. Soft tissue injuries, concussions and internal damage don’t often show symptoms immediately.
Seeking medical attention does two important things, according to Sposita.
- It protects your health by catching issues early.
- It connects the injury to the incident in the event that you need to access your medical records in the future.
“Without that documentation, it can be much more difficult to prove your case later if symptoms worsen,” she said.
In addition, collect evidence of an injury as soon as possible, which will help tell the story.
“Strong cases are built on clear, credible information. If you’re able to gather details at the scene, or shortly after, it can make a meaningful difference,” Sposita said.
Helpful evidence includes:
- Photos or video of the scene, damage and conditions.
- Contact information from witnesses.
- Police or incident reports.
- Notes about what happened while it’s still fresh in your mind.
- Insurance and identification details from those involved. The goal is to preserve the facts as they occurred, Sposita said.
Rich Adams
Rich Adams was a print and broadcast journalist for more than four decades. When he is not watching his beloved Chicago Cubs, he is a regular featured writer for 517 Business.
