Do I have a case?

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Do I have a case?

About a month ago, I was at a class at my local library. The tables were way too crowded/close chairs were back to back. When I was called to come up front, I couldn’t get past the chairs, and tripped. I broke my toe, skinned my knee, had multiple large bruises, and my ankle was swollen. I contacted the Mayor’s office to complain about the situation, but they referred me to their insurance department. Do I have a case?

Asked on August 20, 2019 under Personal Injury, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can file a personal injury claim with the city's insurance.  Follow all of their procedures and deadlines or you won't be able to sue if your claim is denied.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the city's insurance should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled, no lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit against the city based on premises liability.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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