Westland Injury Lawyer
If you’ve been injured due to another person’s negligence, you have the right to demand financial compensation for the losses you’ve endured. But seeking a personal injury lawsuit is no easy task. Offenders and their insurance companies are backed by armies of attorneys 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 necessary, however, we put together a litigation strategy and take the case to court. In either case, we stand by our clients from beginning to end so they can focus on recovering.
What Is Personal Injury?
The essence of a personal injury claim is negligence. When another individual, business, or even a governmental agency acts irresponsibly, others can get hurt. The injury is often physical, but it can also be psychological or emotional as well.
“Negligence” is a legal term that suggests failure to exercise an appropriate level 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 a person’s actions (like speeding or driving intoxicated) or through an omission (such as failing to eliminate a known risk from one’s business property).
To win a personal injury case, the victim must 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. Occasionally a duty emerges out of a personal relationship between the individuals, such as physician and patient. But this isn’t always necessary. For instance, when you drive on a highway, you owe a duty to other drivers not to be careless.
- Breach. Next, the plaintiff needs to show that the offender breached the duty of care. This is where the defendant’s negligent acts and/or omissions are highlighted. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is generally the most contested part of a personal injury lawsuit.
- Causation. The defendant’s breach has to actually cause injury to the plaintiff. If the defendant acted negligently but didn’t harm the plaintiff, this aspect fails.
- Damages. These are the losses for which the plaintiff will demand 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 Claim
The goal of a personal injury lawsuit is to make the plaintiff whole through 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 drugs to physical therapy and unique adaptive equipment to help with a victim’s daily activities.
- Lost wages. While you recover or are hospitalized for your injuries, you will lose time from work and, with it, possibly significant amounts of money. You can ask a court to award you damages to cover this lost income.
- Lost earning capacity. Your occupational prospects might be cut short or severely 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 may not be possible to enjoy your typical day-to-day 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 support, society, 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 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 Michigan, personal injury claims are subject to what’s called a statute of limitations. This establishes 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 starts to run when the injury takes place.
However, it’s ideal not to procrastinate taking action on your claim. Witnesses’ memories can fade with time, evidence will be harder to obtain, and you could fail to remember crucial information if you wait too long. If you or a loved one have been injured, reach out to a committed Westland personal injury lawyer.
How Can the Injury Lawyers 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 legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need an attorney that not only understands Michigan personal injury legislation, but knows how to establish a reasonable value for your case.
At Marko Law, we’ve helped numerous personal injury clients obtain the compensation they need to recuperate. We won’t accept unreasonable 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 claim.
Contact Us Today to Get a Free Consultation
If you are ready to start your case or need more information about an Injury Lawyer in Westland, 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.