Marko Law Firm – Personal Injury Law Firm in Troy, Michigan
If you’ve been injured due to another person’s negligence, you have the right to demand financial compensation for the losses you’ve suffered. However, seeking a personal injury lawsuit is no simple task. Defendants and their insurance companies are backed by armies of lawyers ready to protect 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. In either case, we stand by 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, company, or even a governmental agency acts irresponsibly, others can get hurt. 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 degree of care under the circumstances. Another way of putting it is failing to act as a reasonably prudent person would. Negligence can be demonstrated through a person’s actions (like speeding or driving drunk) or through an exclusion (such as failing to eliminate a known risk from one’s company property).
To win a personal injury case, the victim must show that the offender was negligent. There are four specific elements that are required under California legislation:
- Duty of care– The offender 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 doctor and patient. However, this isn’t always necessary. For example, when you drive on a freeway, you owe a duty to other motorists not to be careless.
- Breach– Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant’s negligent acts and/or omissions are brought out. It also covers circumstances where the at-fault party breaks a law or engages in deliberate wrongdoing. The breach is generally the most contested part of a personal injury claim.
- Causation– The offender’s breach has to actually cause injury to the plaintiff. If the offender 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, and pain and suffering. The nature and amount of damages are hotly contested in most personal injury cases.
Possible Damages In A Personal Injury Case
The goal of a personal injury lawsuit 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 include everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to help with a victim’s day-to-day tasks.
- Lost income– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant 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 estimate the future income you will lose out on as a result.
- Pain and suffering– These damages account for the pain and emotional stress you will likely experience for some time to come. Although hard to quantify, they are essential to catastrophic injury cases.
- Loss of pleasure in everyday life– It might not be possible to appreciate your regular 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 spouses brought on 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 deter others from engaging in similar conduct.
Are There Time Limits to File a Personal Injury Claim?
Your right to file a claim against a negligent party will not last forever. In California, 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 starts to run when the injury takes place.
However, it’s ideal not to delay taking action on your claim. Witnesses’ memories can diminish over time, evidence will be harder to obtain, and you could fail to remember critical details if you wait too long. If you or a loved one have been hurt, reach out to a committed Troy personal injury attorney.
How Can the Personal Injury Attorneys 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 attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney that not only knows Michigan personal injury law but knows how to establish a reasonable value for your claim.
At Marko Law, we’ve assisted countless personal injury clients to obtain the compensation they need to recuperate. We will not accept unfair offers and will defend you from start to finish. Give us a call or fill out the contact form today to get started on your claim.
Call Us Today to Obtain a Free Examination
If you are ready to start with your personal injury case, then reach out to Marko Law today. Let us represent you as you pursue justice and compensation for your losses. Call (313) 777-7LAW today to receive a free consultation from a personal injury lawyer in Troy, Michigan.