Dearborn Height Personal Injury Law Firm – Marko Law
If you’ve been injured because of someone else’s negligence, you have the right to ask for financial compensation for the losses you’ve suffered. However, seeking a personal injury claim is no simple task. Offenders and their insurance companies are backed by armies of attorneys prepared to protect their clients. Who’s looking out for you?
At Marko Law, we defend personal injury victims. Where possible, we settle cases out of court so our clients can get back to their lives. If necessary, however, we put together a litigation strategy and take the case to trial. Either way, we defend our clients from start to finish so they can concentrate on recovering.
What Is Personal Injury?
The essence of a personal injury case is negligence. When another person, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional too.
“Negligence” is a legal term that indicates a failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to act as a reasonably prudent person would. Negligence can be demonstrated through someone’s actions (like speeding or driving intoxicated) or through an exclusion (such as failing to remove a known risk from one’s business property).
To win a personal injury case, the victim needs to prove that the defendant was negligent. There are four specific elements that are required under Michigan legislation:
- Duty of care– The offender must have owed a duty of care to the plaintiff. In some cases, a duty arises out of a personal relationship between the individuals, such as physician and patient. But this isn’t always required. For instance, when you drive on a highway, you owe a duty to other drivers not to be careless.
- Breach– Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the offender’s negligent acts and/or exclusions are highlighted. It also covers circumstances where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is generally the most disputed part of a personal injury lawsuit.
- Causation– The defendant’s breach has to really result in injury to the plaintiff. If the offender acted negligently but didn’t hurt the plaintiff, this aspect fails.
- Damages– These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and amount of damages are fiercely contested in most personal injury cases.
Potential Damages In A Personal Injury Claim
The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is known as damages, and some examples are:
- Medical expenses– This broad category can include everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to help with a victim’s day-to-day activities.
- Lost income– While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to grant you damages to cover this lost income.
- Lost earning capacity– Your occupational prospects might be cut short or severely restricted after a personal injury. An expert witness can help approximate the future income you will lose out on as a result.
- Pain and suffering– These damages account for the pain and emotional trauma you will likely experience for some time to come. Although difficult to measure, they are essential to catastrophic injury cases.
- Loss of enjoyment of everyday life– It may not be possible to enjoy your typical daily activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
- Loss of consortium– This category refers to the deprivation of the advantages of a family relationship. It includes the loss of assistance, community, friendship, and sexual relationship between spouses caused by the injury.
- Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and deter others from participating in similar conduct.
Are There Time Limits To File A Personal Injury Claim?
Your right to file a claim against a negligent party will not last forever. In Michigan, personal injury cases are subject to what’s called a statute of limitations. This establishes a deadline for plaintiffs to file their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury occurs.
However, it’s ideal not to delay taking action on your claim. Witnesses’ memories can fade with time, evidence will be harder to obtain, and you might fail to remember critical details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Dearborn Height personal injury lawyer.
How Can the Personal Injury Attorneys of Marko Law Assist Me?
Suing a defendant almost always means suing an insurance company, as an automobile insurer. Regardless, you can count on the offender’s legal representatives pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You need a lawyer who not only understands Michigan personal injury legislation but knows how to determine a fair value for your claim.
At Marko Law, we’ve assisted numerous personal injury clients to obtain the compensation they require to recuperate. We won’t accept unfair offers and will stand by you from beginning to end. Give us a call at (313) 777-7LAW or complete the contact form today to get started on your case.