Personal Injury

Settlement amounts are determined by factors such as: -The severity of the injury or damages. -Medical expenses and ongoing treatment costs. -Lost wages and loss of earning capacity. -Pain and suffering or emotional distress. -The degree of the responsible party’s negligence.

A settlement is an agreement between parties to resolve a legal dispute without going to trial. In a settlement, the responsible party typically compensates the injured party for damages, often negotiated with the help of attorneys.

In Michigan, proving negligence requires showing four elements: Duty of Care: The defendant owed the plaintiff a legal duty. Breach of Duty: The defendant failed to meet that duty. Causation: The breach directly caused harm or injury. Damages: The plaintiff suffered losses as a result. For instance, if a grocery store fails to clean up a spill and a customer slips, the store's breach of duty could make them liable for the customer’s injuries.

To prove a breach of duty, you need to demonstrate that: The defendant owed you a duty of care (e.g., a driver has a duty to follow traffic laws). The defendant violated that duty through action or inaction (e.g., speeding). The breach caused your injury or harm. You suffered damages as a result, such as medical bills, lost wages, or pain and suffering. An experienced Michigan personal injury attorney can gather evidence, such as witness testimony, accident reports, and expert analysis, to strengthen your claim.

Yes, a breach of duty can extend beyond physical harm. For example: Emotional Distress: In some cases, Michigan courts allow claims for emotional distress if the breach was extreme or outrageous. Financial Loss: Breach of duty in professional relationships, like those involving accountants or financial advisors, can lead to financial losses and legal claims.

If you believe you’ve been harmed due to someone’s breach of duty, take the following steps: Document Evidence: Gather photos, reports, and witness statements related to the incident. Seek Medical Attention: Address any injuries and obtain medical records as proof. Contact an Attorney: Consult a Michigan personal injury attorney who can evaluate your case and help you pursue compensation. Marko Law specializes in personal injury cases, including those involving breaches of duty. Contact us today for a free consultation.

Michigan follows a comparative negligence rule in personal injury cases, which means that if you’re partially at fault for an accident, your compensation may be reduced by your percentage of fault. For example, if you’re found to be 20% responsible for a car accident and awarded $10,000, your compensation would be reduced by 20%, resulting in $8,000. However, if you’re more than 50% at fault, Michigan law prevents you from recovering any damages. This rule encourages fair compensation based on each party's role in the accident.

Consulting with an experienced personal injury attorney, like those at Marko Law, can help you understand if your case qualifies for a third-party claim. The attorneys at Marko Law will assess the details of your injury, identify any liable parties, and guide you through filing a claim to pursue full compensation for your losses.

Third-party claims may allow you to recover various damages, including: Medical Expenses: Both immediate and future medical costs. Lost Wages: Compensation for time away from work, especially if it affects long-term earning potential. Pain and Suffering: Non-economic damages for physical pain, emotional distress, and diminished quality of life.

Third-party claims can arise from various personal injury contexts, including: Premises Liability: If you are injured on someone else’s property, such as a commercial building, a third-party claim could hold the property owner liable. Product Liability: Injuries from defective or dangerous products allow you to file against the manufacturer or distributor. Construction Site Injuries: Often, contractors or other third-party companies are involved in construction sites, and they may share liability if their actions contribute to your injuries.

A standard insurance claim seeks compensation directly from your insurance or the other party’s insurance. A third-party claim, however, targets a party indirectly involved in the accident (e.g., a manufacturer, subcontractor, or another negligent party). This can increase the types of damages available to you, such as additional compensation for pain and suffering, lost wages, and future medical expenses.

If you were injured due to someone’s negligence or a defective product while on the job or in another personal injury scenario, a third-party claim may be appropriate. For example: -Workplace Injury: If an equipment manufacturer’s product malfunctions and causes injury, you might file a third-party claim against the manufacturer. -Auto Accidents: When an accident is caused by a negligent driver while you’re working (e.g., a delivery job), a third-party claim can target the at-fault driver in addition to any workers’ compensation benefits. -Medical Malpractice: If a medical provider’s negligence during treatment causes harm, a third-party claim may be filed against the hospital or healthcare provider.

A third-party claim in personal injury law is a claim against an individual or entity, separate from your direct employer or the person who directly caused your injury, whose actions or negligence may have contributed to the accident. Third-party claims are often pursued in cases involving auto accidents, workplace injuries, medical malpractice, and product liability when another party is at fault.

In Michigan, ATV insurance is not required by law for off-road use. However, if you plan to ride your ATV on public roads or state-managed trails where registration is required, liability insurance may be necessary. Additionally, carrying insurance coverage for theft, damage, and liability is recommended to protect yourself and others in case of accidents or property damage.

Yes, Michigan law establishes age restrictions for operating ATVs based on engine size: - Children under the age of 10 are generally prohibited from operating ATVs with engines larger than 70cc. - Children aged 10 to 15 may operate ATVs with engines up to 90cc, provided they are under the direct supervision of a parent or guardian. - Children aged 16 and older may operate ATVs with engines of any size, subject to compliance with safety regulations and requirements. It's crucial for parents and guardians to ensure that children are appropriately supervised and trained before allowing them to operate ATVs.

ATV accidents can occur due to various factors, but some common causes include: - Operator error: Inexperienced or reckless driving, speeding, and failure to follow safety guidelines contribute to many ATV accidents. - Loss of control: Uneven terrain, sudden maneuvers, or mechanical failures can lead to loss of control and accidents. - Collisions: Crashes with other vehicles, obstacles, or stationary objects are prevalent, especially in crowded or poorly marked areas. - Mechanical failure: Defective parts, inadequate maintenance, or manufacturing defects can cause mechanical failures leading to accidents. - Alcohol or drug use: Operating an ATV under the influence of alcohol or drugs significantly increases the risk of accidents. - Riding on public roads: Riding ATVs on public roads, where they may encounter cars and other traffic, can lead to accidents. - Environmental factors: Hazards such as mud, ice, rocks, and low visibility due to weather conditions contribute to accidents. Understanding these common causes can help ATV riders take precautions to prevent accidents and stay safe on the trails.

Jet Ski accidents in Michigan can occur due to various factors, but some common causes include: - Operator error: Inexperienced or reckless driving, such as speeding, sharp turns, or failure to yield, is a leading cause of Jet Ski accidents. - Collisions: Crashes with other watercraft, fixed objects, or swimmers can result from impaired visibility, distraction, or misjudgment of distances. - Alcohol or drug use: Operating a Jet Ski under the influence significantly impairs judgment, reaction time, and coordination, increasing the risk of accidents. - Equipment failure: Malfunctions or defects in the Jet Ski's mechanical components, such as the engine, steering system, or throttle, can lead to accidents. - Hazardous conditions: Rough water, strong currents, and inclement weather conditions pose additional challenges for Jet Ski operators and increase the risk of accidents. - Violation of boating regulations: Ignoring speed limits, navigation rules, or safety requirements set forth by Michigan boating laws can result in accidents and injuries. Understanding these common causes can help Jet Ski operators take precautions to prevent accidents and promote safety on the water.

An attorney can assist you following a public transportation accident by: Assessing Liability: They identify the responsible parties, such as transit authorities, operators, or third parties. Collecting Evidence: Attorneys gather accident reports, surveillance footage, witness statements, and maintenance records to support your claim. Handling Claims: They navigate the complexities of filing claims against government entities or large corporations, ensuring compliance with specific legal requirements. Negotiating Compensation: Lawyers negotiate with insurance companies and liable parties to secure fair compensation for medical expenses, lost wages, and pain and suffering. Providing Legal Representation: If necessary, they represent you in court to pursue justice and maximum compensation for your injuries. For dedicated assistance, contact Marko Law today.

Under Michigan law, certain professionals are considered "mandated reporters" and are required to report suspected child abuse or neglect. These include doctors, nurses, social workers, teachers, school counselors, law enforcement officers, and child care providers. Other professionals who work with children, such as coaches, youth organization leaders, and clergy members, are also required to report suspected abuse or neglect. Additionally, any person who has reason to believe that a child is being abused or neglected may make a report to Child Protective Services or law enforcement. Failure to report suspected child abuse or neglect is a misdemeanor offense under Michigan law.

If you're involved in a boating accident in Michigan, prioritize safety by ensuring everyone on board is accounted for and administering first aid if necessary. Then, report the accident to the Michigan Department of Natural Resources (DNR) or local law enforcement. Collect contact information from all parties involved and any witnesses, and document the scene with photos or videos. Refrain from admitting fault or making statements to insurance companies until you've consulted with a boating accident attorney.

Yes, a personal injury settlement or award can affect Medicare benefits. Like Medicaid, Medicare is a need-based program that considers an individual's income and assets when determining eligibility for benefits. If an individual receives a settlement or award for a personal injury case, it may be considered income for the purposes of Medicare eligibility. In addition, Medicare may have a lien on any settlement or award received for medical expenses related to the injury. This means that Medicare may have the right to recover any payments made for medical expenses related to the injury from the settlement or award. It's important to consult with a personal injury lawyer and a Medicare eligibility specialist to determine how a settlement or award may impact Medicare benefits. A lawyer can help structure the settlement or award in a way that minimizes the impact on Medicare eligibility and any potential liens. A Medicare eligibility specialist can help determine how the compensation will affect benefits and provide guidance on how to maintain eligibility.

The impact of personal injury compensation on Medicaid benefits can vary depending on the specifics of the case and the state in which the individual resides. Generally, Medicaid is a need-based program, which means that an individual's income and assets are taken into consideration when determining eligibility for benefits. If an individual receives a settlement or award for a personal injury case, it may be considered income for the purposes of Medicaid eligibility. However, some states have exemptions or exclusions for certain types of compensation, such as compensation for medical expenses or pain and suffering. In these cases, the compensation may not affect Medicaid eligibility. It's important to consult with a personal injury lawyer and a Medicaid eligibility specialist to determine how a settlement or award may impact Medicaid benefits. A lawyer can help structure the settlement or award in a way that minimizes the impact on Medicaid eligibility, such as setting up a special needs trust. A Medicaid eligibility specialist can help determine how the compensation will affect benefits and provide guidance on how to maintain eligibility.

Personal injury lawyers usually work on a contingency fee basis. This means that the lawyer only gets paid if the client receives compensation for their injuries and damages. Under a contingency fee arrangement, the lawyer will take a percentage of the total amount of compensation awarded to the client. This percentage can vary, but is typically around one-third of the total amount. If the client does not receive any compensation, the lawyer will not be paid for their services. Contingency fee arrangements can be beneficial for clients who may not have the financial means to pay for a lawyer upfront. This also incentivizes the lawyer to work hard and maximize the compensation awarded to the client, as their payment is directly tied to the outcome of the case. It's important to note that there may be additional costs associated with a personal injury case, such as court fees and expert witness fees. These costs are typically paid for by the client, but some lawyers may cover these costs upfront and then deduct them from the final settlement or award. It's important to discuss any fees and costs with your personal injury lawyer before signing a representation agreement.

The statute of limitations for personal injury lawsuits varies by state and the type of case. However, if too much time has passed, you may not be able to file a lawsuit. It's best to consult with a personal injury attorney to determine if you still have legal options.

If the at-fault party doesn't have enough insurance to cover your damages, you may be able to file a claim against your own insurance company or pursue other legal options. An experienced personal injury attorney can help you explore your options.

The at-fault party's insurance company may be responsible for compensating you for your injuries and other damages. However, insurance companies are businesses and may try to pay out as little as possible. That's why it's important to have an experienced personal injury attorney on your side.

If a loved one died as a result of someone else's negligence, you may be able to file a wrongful death lawsuit on their behalf. A wrongful death lawsuit seeks to compensate surviving family members for their loved one's death, including expenses such as funeral and burial costs, lost income, and loss of companionship, as well as any claims the loved one would have been able to bring.

Before accepting a settlement offer from the at-fault party's insurance company, consult with a personal injury attorney, such as Marko Law, to ensure that the offer is fair and covers all of your damages.

Not necessarily. Many personal injury cases are settled out of court through negotiations between the parties and their attorneys. However, if a settlement cannot be reached, the case may go to trial.

The length of a personal injury lawsuit depends on the specifics of the case, including the complexity of the issues involved, the extent of the injuries, and the willingness of the parties to negotiate a settlement. Some cases can be resolved in a matter of months, while others may take years.

Most personal injury attorneys work on a contingency fee basis, which means they only get paid if you recover compensation. This is called the “No Fee Guarantee”. The fee is typically a percentage of your recovery, which varies by attorney and case. Contact Marko Law at 1-313-777-7LAW or the contact form on our website to schedule your free consultation.

When choosing a personal injury attorney, look for someone with experience in handling cases similar to yours, a track record of success, and good communication skills. Research the Verdicts and/or Testimonials from past clients. Ask your attorney about their past results and the last time they actually tried a case to a jury.

If you were partially at fault for your injury, you may still be able to recover damages in a personal injury lawsuit. However, your recovery may be reduced by your percentage of fault.

The statute of limitations for personal injury lawsuits varies by state and the type of case. In general, it's best to contact a personal injury attorney as soon as possible to avoid missing any deadlines.

If you have suffered harm due to the negligence or intentional actions of another person or entity, you may have a personal injury case. It's best to consult with a personal injury attorney to discuss the specifics of your situation. Marko Law is here to help.

Damages that can be recovered in a personal injury case may include medical expenses, lost wages, pain and suffering, emotional distress, and property damage.

If the person who caused your injury doesn't have insurance, it can make it more difficult to recover compensation for your damages. However, there are still some options available to you. Uninsured/Underinsured Motorist Coverage: If you have uninsured/underinsured motorist coverage as part of your own insurance policy, you may be able to file a claim with your own insurance company to recover damages. This coverage is designed to protect you in case you are injured by a driver who doesn't have enough insurance or no insurance at all. Filing a Lawsuit: If the at-fault party doesn't have insurance, you may be able to file a lawsuit against them to recover damages. However, it's important to keep in mind that even if you win the lawsuit, there is no guarantee that you will be able to collect the full amount of the judgment. This is because the defendant may not have the assets or income to pay the judgment. Other Options: Depending on the circumstances of your case, there may be other options available to you to recover damages. For example, if the at-fault party was working at the time of the accident, their employer may be liable for your damages. If the accident occurred on someone else's property, the property owner may be liable. It's important to speak with an experienced personal injury attorney, such as Marko Law, if you are injured by someone who doesn't have insurance. They can help you understand your legal options and navigate the claims process.

Common types of personal injury cases include car accidents, truck accidents, construction accidents, slip and fall accidents, medical malpractice, product liability, dog bites, and workplace accidents.