Royal Oak Personal Injury Law Firm
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. But pursuing a personal injury lawsuit is no simple task. Defendants and their insurance companies 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 put together 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 getting better.
What Is Personal Injury?
The essence of a personal injury case 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 as well.
“Negligence” is a legal term that indicates a failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failing to behave as a reasonably sensible person would. Negligence can be demonstrated through someone’s actions (like speeding or driving drunk) or through an omission (such as failing to remove a known hazard from one’s business property).
To win a personal injury case, the victim needs to show that the defendant was negligent. There are four specific 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 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 careless.
- Breach– Next, the plaintiff needs to show that the offender breached the duty of care. This is where the offender’s negligent acts and/or exclusions are brought out. It also covers circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. The breach is usually the most disputed part of a personal injury lawsuit.
- Causation– The defendant’s breach needs to really cause 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 seek financial compensation. Some of the most common damages are medical costs, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are hotly disputed in the majority of personal injury cases.
Possible Damages In a Personal Injury Claim
The goal of a personal injury lawsuit is to make the plaintiff whole via a 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 day-to-day tasks.
- Lost wages– While you recover 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 award you damages to cover this lost income.
- Lost earning capacity– Your career prospects may be cut short or significantly restricted after a personal injury. An expert witness can help approximate the future income 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 hard to measure, they are vital to catastrophic injury cases.
- Loss of enjoyment of day-to-day life– It may not be possible to enjoy your regular 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 benefits of a family relationship. It includes the loss of support, community, 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 intended 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 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 sets a deadline for plaintiffs to submit 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 procrastinate in taking action on your claim. Witnesses’ memories can fade with time, evidence will be more difficult to obtain, and you might fail to remember critical information if you wait too long. If you or a loved one have been injured, reach out to a committed Royal Oak personal injury lawyer.
How Can the Personal 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 defendant’s legal representatives pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You need a lawyer that not only knows Michigan personal injury legislation but knows how to establish a reasonable value for your case.
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 stand by you from beginning to end. Give us a call or fill out 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 Royal Oak, 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.