Marko Law Firm – Personal Injury Law Firm in Flint, Michigan
If you’ve been injured due to someone else’s negligence, you have the right to ask for financial compensation for the losses you’ve endured. However, pursuing a personal injury lawsuit is no easy task. Defendants and their insurance providers are backed by armies of attorneys prepared to defend their clients. Who’s looking out for you?
At Marko Law, we fight for personal injury victims. Where possible, we resolve cases out of court so our clients can get back to their lives. If necessary, however, we assemble a litigation strategy and take the case to trial. In either case, we defend our clients from beginning to end so they can concentrate on recovering.
What Is Personal Injury?
The essence of a personal injury claim is negligence. When another individual, company, 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 a proper level of care under the circumstances. Another way of putting it is failure to act as a reasonably sensible person would. Negligence can be demonstrated through a person’s actions (like speeding or driving drunk) or through an omission (such as failing to remove a known hazard from one’s company property).
To win a personal injury case, the victim needs to prove that the offender was negligent. There are four specific components that are required under Michigan legislation:
- Duty of care– The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the parties, such as physician and patient. However, this isn’t always necessary. For example, when you drive on a freeway, 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 intentional wrongdoing. The breach is usually the most disputed part of a personal injury case.
- Causation– The offender’s breach has to really result in injury to the plaintiff. If the defendant acted negligently but didn’t hurt 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 expenses, lost income, lost earning capacity, and pain and suffering. The nature and quantity of damages are fiercely contested in the majority of personal injury cases.
Possible Damages In A Personal Injury Claim
The goal of a personal injury claim is to make the plaintiff whole through financial compensation. This compensation is referred to as damages, and some examples are:
- Medical expenses– 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 day-to-day activities.
- Lost wages– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially 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 severely restricted after a personal injury. An expert witness can help estimate the future income you will lose out on as a result.
- Pain and suffering– These damages account for the pain and psychological stress you will likely experience for some time to come. Although difficult to measure, they are vital to catastrophic injury cases.
- Loss of pleasure of everyday life– It might not be possible to appreciate 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 benefits of a family relationship. It includes the loss of assistance, society, friendship, and sexual relationship between partners caused by the injury.
- Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are meant to punish the wrongful party and discourage others from participating in similar conduct.
Are There Time Limits to File a Personal Injury Lawsuit?
Your right to sue 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 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 occurs.
However, it’s ideal not to procrastinate taking action on your case. Witnesses’ memories can fade with time, a proof will be more difficult 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 Flint personal injury lawyer.
How Can the Personal Injury Attorneys of Marko Law Assist 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 understands Michigan personal injury legislation but knows how to determine a reasonable value for your case.
At Marko Law, we’ve assisted countless personal injury clients to obtain the compensation they require to recuperate. We will not accept unjust 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.