If you’ve been injured due to someone else’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 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 needed, however, we put together a litigation strategy and take the case to trial. In either case, we defend our clients from beginning to end so they can focus on getting better.
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 indicates failure to exercise a proper degree of care under the circumstances. Another way of putting it is failing to act as a reasonably prudent individual would. Negligence can be displayed through someone’s actions (like speeding or driving intoxicated) 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 prove that the defendant was negligent. There are four specific elements that are required under Michigan 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 parties, such as doctor and patient. But this isn’t always necessary. For instance, when you drive on a highway, you owe a duty to other motorists not to be reckless.
- Breach– Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant’s negligent acts and/or exclusions are brought out. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. The breach is typically the most contested part of a personal injury claim.
- Causation– The offender’s breach has to actually result in injury to the plaintiff. If the defendant acted negligently but didn’t hurt the plaintiff, this aspect fails.
- Damages– These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, and pain and suffering. The nature and quantity of damages are hotly contested in the majority of personal injury cases.
Potential Damages In a Personal Injury Claim
The goal 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 expenses– This broad category can include everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to assist 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 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 hard to quantify, they are essential to catastrophic injury cases.
- Loss of pleasure in everyday life– It may not be possible to appreciate your normal everyday activities, hobbies, and other passions 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, companionship, 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 Lawsuit?
Your right to file a claim against a negligent party will not last forever. In Michigan, personal injury cases are subject to what’s called a statute of limitations. This sets a deadline for plaintiffs to file 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 starts to run when the injury takes place.
However, it’s best not to procrastinate in taking action on your case. Witnesses’ memories can diminish over time, evidence will be harder to obtain, and you might fail to remember critical details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Warren personal injury lawyer.
How Can the Personal Injury Attorneys of Marko Law Assist Me?
Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant’s lawyers pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want a lawyer who not only understands Michigan personal injury law but knows how to establish a fair value for your claim.
At Marko Law, we’ve helped countless personal injury clients obtain the compensation they require to recuperate. We will not accept unreasonable deals and will stand by you from beginning to end. Give us a call or complete the contact form today to get started on your claim.
Contact Us Today to Get a Free Consultation
If you are ready to start your case or need more information about Personal Injury in Warren, 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.