If you got hurt in an accident that someone else’s carelessness or inaction caused, contact Schwaba Law Firm today to learn about your legal options. You can hold the at-fault party liable whether you sustain injuries at a restaurant, in a motorcycle accident, or while using a product for its intended purpose.
Andrew Schwaba cares about his clients and diligently pursues the compensation owed to them. When you hire Andrew, you will have a dedicated, reputable attorney fighting for you. Call us for a free consultation with a trusted personal injury lawyer in Michigan.
What Are Common Personal Injury Cases in Michigan?
A personal injury case often involves negligence. When a party’s negligence or other wrongdoing leads to another’s injury or death, they should be held financially responsible for the victim’s losses.
The most common personal injury cases in Michigan include the following:
- Truck accidents
- Product liability
- Workplace injuries
- Premises liability
- Toxic exposure
- Wrongful death
- Bicycle accidents
What Types of Injuries Happen Due to Personal Injury Accidents?
Injuries can arise from any type of accident. The type and severity often depend on the circumstances. Common injuries in personal injury accidents include:
- Soft tissue injuries
- Broken bones
- Emotional or psychological damage
- Whiplash
- Paralysis
- Spinal cord injuries
- Permanent disability
- Lacerations
- Scarring or disfigurement
- Traumatic brain injury
- Burn injuries
- Internal bleeding
- Cancer, respiratory illnesses, and other diseases from exposure to harmful chemicals
- Organ damage or failure
In addition, if a personal injury accident turns fatal, the family of the victim may file a wrongful death lawsuit.
How Do I Know If I Have a Personal Injury Claim?
The only way to know for certain if you have a personal injury claim is to hire a lawyer. An experienced Michigan personal injury attorney can review the circumstances of the accident and advise you of your options.
What Must Be Proven in a Personal Injury Claim?
Negligence is the legal term at the center of most personal injury cases. You must prove multiple elements of negligence to recover compensation from the at-fault party.
Everyone has a legal duty to act reasonably and with care not to harm others. When someone doesn’t fulfill their duty and you get hurt, they can be held liable. You must prove that whoever harmed you owed you a duty of care, failed in that duty in a way that caused the accident or incident, and your injuries resulted from the event. You must also show you suffered losses, such as property damage and hospital bills.
Evidence is essential in any personal injury claim. You can gather evidence to prove negligence and establish liability for your injuries. Helpful evidence includes:
- Statements from eyewitnesses
- Photos from the accident scene
- Copies of your medical records and medical bills
- Statements from experts such as healthcare professionals, vocational experts, and accident reconstruction specialists
- Paystubs and other financial records showing lost wages
- Security camera and dashcam footage
What Damages Could I Be Entitled to in a Personal Injury Case?
You can seek compensation for two types of losses in a personal injury case. Economic losses are the expenses associated with an accident, such as:
- Ambulance services, physical therapy, hospital stays, doctor visits, and other medical expenses
- Lost wages
- Lost earning capacity
- Out-of-pocket costs
- Cost of repairing or replacing damaged property
Noneconomic losses are the intangible losses that result after you’ve been injured in an accident caused by another’s wrongdoing. In personal injury cases, these losses result from the accident’s effects on the victim. Noneconomic losses include:
- Emotional distress
- Pain and suffering
- Loss of quality of life
Can I Still Get Compensation If I Was Partly to Blame for My Injuries?
Yes, but you’ll get less than you would have received if you weren’t partially at fault for the accident. In Michigan, modified comparative negligence allows the court to reduce a plaintiff’s compensation according to their percentage of shared fault. If you were at fault at all, the compensation for your total losses would be reduced by your percentage of fault.
If you’re more than 50 percent at fault for your injuries, the court won’t award you compensation for your noneconomic losses at all, and your compensation for your economic losses will be reduced by your percentage of fault.
How Long Does a Typical Personal Injury Case Last?
No one can predict how long your case will take to resolve. Some injury claims settle within a couple of weeks or months. Others take years. It depends on various factors, including the number of liable parties, the duration of your treatment, and whether you’re partially to blame for the incident.
How Long Do I Have in Michigan to File a Personal Injury Lawsuit?
A personal injury lawsuit must be filed before the statute of limitations expires. A statute of limitations is the law that dictates the amount of time a person has to file a lawsuit against the other party involved in the legal dispute.
In Michigan, the statute of limitations allows a three-year timeframe to file suit after an accident. That means you have three years from the date of your injury to initiate your lawsuit against the at-fault party.
How Soon Should I Start a Personal Injury Claim?
You might think three years is enough time to prepare your case. However, time can run out before you know it. If you don’t file an injury claim promptly and pursuing a lawsuit becomes necessary, you might miss your chance to hold the negligent party liable in court if you don’t file a lawsuit in a timely manner.
Your lawyer can help you file a claim with the at-fault party’s insurer right away. They can also keep track of the statute of limitations and prevent you from missing the deadline to file a lawsuit. The insurance carrier might decide to deny your claim or spend months reviewing the evidence before making an offer. When you and your lawyer file your insurance claim early, you will still have the threat of filing a lawsuit to use as leverage against the insurance company to encourage a reasonable settlement.
What Will a Michigan Personal Injury Lawyer Do for My Case?
Many accident victims attempt to handle their cases without a lawyer. However, that decision can backfire and lead to an unfavorable result. You need someone with experience to take on the insurance company and seek the justice you deserve
When you hire an attorney to handle your personal injury case, they will manage multiple moving parts simultaneously, including by:
- Leveling the Playing Field – Insurance carriers prefer not to settle claims for the full amount available under the policy limits. Denying claims or devaluing someone’s injuries means they save money. When a lawyer gets involved, the insurer knows they can’t intimidate you into accepting a lowball offer. You have a team to force the insurance company to take the claim seriously and offer an adequate settlement.
- Protecting Your Rights –Asserting your rights alone can be challenging. A personal injury lawyer can do the necessary work to hold the at-fault party accountable for their misconduct. They won’t let the insurer take advantage of you or use sneaky tactics to strip you of the maximum monetary award you deserve.
- Maximize Your Recovery – Recovering after an accident is difficult. You might be in pain and struggle with numerous symptoms. Sometimes, time away from work is necessary to let the injuries heal. However, that means you don’t make the money you need to pay your daily expenses, causing economic strain. On top of all of that, you have a personal injury case to handle. Your lawyer can relieve you of the responsibility, so you have time to get better without dealing with the added distraction or stress of an injury claim or lawsuit.
- Coping with the Emotional Aspects – You don’t only suffer physical injuries and pain. You also experience emotional or mental distress after an accident. Dealing with the trauma can seem like an uphill battle. Your attorney can offer the support you need to get through this difficult experience.
- Simplifying Your Case – Personal injury cases can confuse anyone unfamiliar with the process. Lawyers recognize the obstacles accident victims often encounter. Your attorney will address these issues and deal with every task, so you don’t have to. You won’t have to worry about communicating with the insurance adjuster or gathering evidence. Your lawyer is there to make your life easier.
- Protecting Your Future Interests – Your goal is to move forward as quickly as possible after an accident. You don’t want your case to end without adequate compensation. With your finances at stake, a skilled attorney can assess the value of your claim so that it covers your past and future losses.
Contact a Personal Injury Attorney in Michigan Today
Schwaba Law Firm knows the life-changing effects of getting hurt in an accident someone else causes. You don’t know what to expect or the steps you should take next. Andrew Schwaba will explain every possible solution to your problem and guide you through every part of your case.
If someone else caused your injuries in an accident, Call a Michigan personal injury lawyer from Schwaba Law Firm today for your free, no-obligation consultation.
