Detroit Personal Injury Law Firm
If you’ve been injured because of someone else’s negligence, you have the right to demand financial compensation for the losses you’ve endured. However, pursuing a personal injury lawsuit is no easy task. Offenders and their insurance providers are backed by armies of lawyers prepared to defend 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 needed, however, we assemble 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 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 failure to exercise a proper degree of care under the circumstances. Another way of putting it is failing to act as a reasonably sensible individual 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 has to show that the offender was negligent. There are four particular components that are required under Michigan law:
- Duty of care– The defendant 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 necessary. For instance, when you drive on a highway, you owe a duty to other drivers not to be careless.
- Breach– Next, the plaintiff must show 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. Breach is generally the most disputed part of a personal injury case.
- Causation– The defendant’s breach has to really result in injury to the plaintiff. If the defendant acted negligently but didn’t harm the plaintiff, this element fails.
- Damages– These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical costs, lost wages, lost earning capacity, as well as pain and suffering. The nature and amount of damages are hotly contested in most personal injury cases.
Potential Damages In a Personal Injury Lawsuit
The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is referred to 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 assist with a victim’s daily activities.
- Lost wages– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, possibly considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
- Lost earning capacity– Your career prospects might be cut short or significantly restricted after a personal injury. An expert witness can help estimate the future earnings 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 quantify, they are necessary to catastrophic injury cases.
- Loss of pleasure of day-to-day life– It might not be possible to enjoy your normal daily activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
- Loss of consortium– This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, society, friendship, and sexual relationship between spouses brought on by the injury.
- Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended 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 take legal action 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 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 takes place.
However, it’s ideal not to delay taking action on your claim. Witnesses’ memories can diminish with time, a proof will be harder to obtain, and you could forget crucial details if you wait too long. If you or a loved one have been hurt, reach out to a committed Detroit personal injury attorney.
How Can the Personal Injury Attorneys of Marko Law Help Me?
Suing a defendant usually means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender’s lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want a lawyer that not only knows Michigan personal injury legislation but knows how to determine a reasonable value for your case.
At Marko Law, we’ve helped numerous personal injury clients get the compensation they need to recover. We won’t accept unreasonable deals and will stand by you from start to finish. Give us a call or fill out the contact form today to get started on your claim.
Contact Us Today to Get a Free Consultation
If you are ready to start your case or need more information about Personal Injury in Detroit, 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.