Pontiac Personal Injury Law Firm
If you’ve been injured due to another person’s negligence, you have the right to ask for financial compensation for the losses you’ve endured. However, seeking a personal injury claim is no easy task. Defendants and their insurance companies are backed by armies of lawyers ready to defend their clients. Who’s looking out for you?
At Marko Law, we defend 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 court. Either way, we stand by our clients from beginning to end so they can concentrate on recovering.
What Is Personal Injury?
The essence of a personal injury case is negligence. When another person, 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 means failure to exercise a proper level of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible individual would. Negligence can be demonstrated through someone’s actions (like speeding or driving drunk) or through an exclusion (such as failing to eliminate a known hazard from one’s company property).
To win a personal injury case, the victim must show that the defendant was negligent. There are four specific elements that are required under Michigan legislation:
- Duty of care– The defendant must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the parties, such as physician and patient. However, this isn’t always necessary. For instance, when you drive on a freeway, you owe a duty to other motorists not to be reckless.
- Breach– Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the offender’s negligent acts and/or omissions are highlighted. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. A breach is generally the most disputed part of a personal injury claim.
- Causation– The defendant’s breach needs to actually result in injury to the plaintiff. If the offender acted negligently but didn’t hurt the plaintiff, this element fails.
- Damages– These are the losses for which the plaintiff will pursue 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 quantity of damages are fiercely contested in the majority of personal injury cases.
Potential Damages In a Personal Injury Lawsuit
The objective of a personal injury claim 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 drugs to physical therapy and special adaptive equipment to assist with a victim’s day-to-day tasks.
- Lost income– While you recover 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 award you damages to cover this lost income.
- Lost earning capacity– Your occupational prospects may be cut short or drastically restricted after a personal injury. An expert witness can help approximate the future income you will miss out on as a result.
- Pain and suffering– These damages account for the pain and psychological trauma you will likely experience for some time to come. Although difficult to measure, they are necessary for catastrophic injury cases.
- Loss of enjoyment of everyday life– It might not be possible to appreciate your typical day-to-day 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 intended to penalize the wrongful party and discourage others from engaging in similar conduct.
Are There Time Limits to File a Personal Injury Lawsuit?
Your right to take legal action 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 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 ideal not to procrastinate taking action on your claim. Witnesses’ memories can diminish with time, a proof will be more difficult to obtain, and you could fail to remember vital details if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Pontiac personal injury lawyer.
How Can the Personal Injury Lawyers of Marko Law Help Me?
Suing a defendant almost always means suing an insurance company, like a motor vehicle 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 an attorney that not only understands Michigan personal injury legislation but understands how to determine a reasonable value for your case.
At Marko Law, we’ve assisted numerous personal injury clients to get the compensation they require to recuperate. We will not accept unreasonable offers and will stand by you from beginning to end. 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 Personal Injury in Pontiac, 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.