Dearborn Injury Lawyer
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 insurers are backed by armies of attorneys ready 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 return to their lives. If needed, however, we assemble a litigation strategy and take the case to trial. In either case, 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 individual, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is typically physical, but it can also be psychological or emotional as well.
“Negligence” is a legal term that indicates the failure to exercise a proper degree of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent person would. Negligence can be demonstrated through a person’s actions (like speeding or driving drunk) or through an exclusion (such as failing to remove a known risk from one’s company property).
To win a personal injury case, the victim must prove that the offender was negligent. There are four particular elements that are required under Michigan legislation:
- Duty of care– The defendant must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the individuals, such as physician and patient. However, this isn’t always required. For example, when you drive on a highway, you owe a duty to other drivers not to be reckless.
- Breach– Next, the plaintiff needs to demonstrate that the offender breached the duty of care. This is where the defendant’s negligent acts and/or omissions are exposed. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. The breach is typically the most disputed part of a personal injury claim.
- Causation– The offender’s breach has to actually cause injury to the plaintiff. If the defendant acted negligently but didn’t harm the plaintiff, this aspect fails.
- Damages– These are the losses for which the plaintiff will seek financial compensation. Some of the most common damages are medical costs, lost income, lost earning capacity, and pain and suffering. The nature and amount of damages are fiercely contested in the majority of personal injury cases.
Possible Damages In a Personal Injury Lawsuit
The objective of a personal injury lawsuit is to make the plaintiff whole via a financial compensation. This compensation is known as damages, and some examples are:
- Medical costs– This broad category can consist of everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to help with a victim’s day-to-day activities.
- Lost income– While you recuperate 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 award you damages to cover this lost income.
- Lost earning capacity– Your occupational prospects might be cut short or drastically limited after a personal injury. An expert witness can help estimate the future earnings you will miss 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 hard to quantify, they are essential to catastrophic injury cases.
- Loss of pleasure of day-to-day life– It may not be possible to enjoy your regular everyday 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, society, companionship, 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 intended to punish 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 claims are subject to what’s called a statute of limitations. This establishes a deadline for plaintiffs to submit their claims 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 takes place.
However, it’s best not to procrastinate in taking action on your claim. Witnesses’ memories can diminish with time, evidence will be more difficult to obtain, and you could fail to remember critical details if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Dearborn personal injury attorney.
How Can the Injury Lawyers of Marko Law Help Me?
Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender’s lawyers pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need a lawyer who not only knows Michigan personal injury legislation but knows how to establish a fair value for your claim.
At Marko Law, we’ve assisted countless personal injury clients to obtain the compensation they need to recover. We won’t accept unfair deals and will defend you from start to finish. Give us a call or complete the contact form today to get started on your case.
Contact Us Today to Get a Free Consultation
If you are ready to start your case or need more information about Injury Lawyers in Dearborn, Michigan, contact Marko Law Firm today. Let us represent you as you seek justice and compensation for your pain and damages. Call (313) 777-7LAW today to get a free consultation or visit our website: MarkoLaw.com to get more information.