Some personal injury cases appear deceptively simple. For example, three people are severely hurt in a multi-vehicle accident caused by a drunk driver. Or, a customer breaks several bones falling down a malfunctioning escalator that was reported to management seven weeks earlier.
While these situations seem straightforward, proving liability and recovering damages entails a lengthy and complicated process best handled by an experienced law firm. Learn how to receive the compensation you deserve in this overview of the most common Michigan personal injury cases.
WHAT ARE THE LEGAL STANDARDS FOR MICHIGAN PERSONAL INJURY CASES?
Personal injury law, also called “tort” law, provides a legal remedy for victims who are harmed as a result of someone else’s negligence. To receive compensation, an injured party often must file a civil lawsuit against the responsible party or entity.
To pursue a negligence case, the injured party, called the plaintiff, must establish the following elements: duty, breach of duty, injury causation, proximate cause, and damages owing:
- The tortfeasor, or person who is believed to be the at fault party, also called the defendant, owed a “duty of care” to the injured party.
Businesses and individuals have an obligation to use reasonable care in all endeavors that could cause harm to others. This includes a property owner’s duty to maintain safe and hazard-free premises as well as a driver’s duty to avoid reckless behaviors such as speeding or driving under the influence of drugs or alcohol.
- The defendant breached that duty
A defendant may be considered negligent if their conduct caused harm to someone else. This includes intentional acts such as assault as well as careless behaviors such as driving drunk or failing to repair a broken step.
- The defendant’s actions caused the injury to the plaintiff
In other words, a plaintiff must establish that his/her injury would not have occurred “but for” the actions of the defendant.
- The harm caused by defendant’s actions must have been foreseeable.
In other words, a defendant knew or should have known that his actions would have caused injury to the person. The victim suffered damages, monetary and/or intangible, deserving of compensation
In other words, a plaintiff must establish they suffered actual damages. Simply proving that a person breached a duty of care owed to a party is not enough to bring a claim. Most personal injury cases involve victims with significant physical and/or emotional damages.
WHAT ARE THE MAIN TYPES OF MICHIGAN PERSONAL INJURY CASES?
As long as the above conditions are met, personal injury laws apply to a wide range of situations. And, because the majority of these cases are extremely complex, it is wise to contact a reputable Michigan personal injury lawyer if you are suffering harm as a result of someone else’s actions.
Here are the most common types of personal injury cases:
- Car, truck and bus accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Birth injuries
- Nursing home abuse and neglect
- Boating accidents
- Slip and fall accidents
- Medical and dental malpractice
- Dog bites
- Mesothelioma and other asbestos-related illnesses
- Defective products, including medical devices
- Illness resulting from exposure to Roundup or other toxic products
- Wrongful death claims
DO I NEED A LAWYER FOR A MICHIGAN PERSONAL INJURY CASE?
Having an experienced legal team on your side provides many advantages. Research shows clients represented by knowledgeable personal injury lawyers achieve better financial outcomes than those who try to represent themselves.
A skilled attorney will make sure you receive all the benefits you are entitled to. This may include direct costs such as medical bills and lost wages, intangible damages such as pain and suffering, and future expenses related to your illness or injury.
Moreover, hiring a skilled lawyer to handle a case from start to finish gives valuable peace of mind to clients and their families.
Personal injury lawyers perform a variety of functions based on the specifics of a case and the needs of the client.
Some typical services include:
- Completing paperwork and submitting according to filing deadlines
- Evaluating medical records
- Gathering evidence
- Obtaining witness testimony
- Communicating and negotiating with insurance companies
- Assisting clients with No-Fault benefits
- Representing clients in court when a case goes to trial
OUR EXPERIENCED PERSONAL INJURY LAWYERS WILL FIGHT TO WIN THE COMPENSATION YOU DESERVE
We understand how a serious injury or illness upends your life, especially when someone else is responsible. When you hire us, you can focus on recovering while our experienced and compassionate lawyers handle every detail of your case. Most importantly, we have the legal expertise and extensive resources to achieve a successful outcome for you and your family.
Personal injury law is complicated, but finding the right Michigan personal injury lawyer is simple.
Start your case today by clicking the link below or calling 1-800-CALL-SAM for a free, no-obligation remote consultation from the safety and comfort of your home.