Personal Injury Lawyer in Clare, Michigan

There are many steps you can take to help your attorney begin building a case. The first thing victims should focus on is treating their injuries. Get to the hospital right away so your injuries can be diagnosed, and proper treatment can be provided. If you wait to seek treatment, it could give the insurance company a reason to dispute your claim.

While at the scene of the accident, try to collect evidence, if it is safe to do so and you will not be putting yourself in harm’s way. If someone else is with you, you could ask them to help you. For example, if you have a smartphone, take pictures of your injuries and the scene. Talk to witnesses and get their contact information so your attorney can contact them later.

You should also file an accident report with the proper authorities or the property manager. This serves as an official record of the accident and helps link your injury to the accident.

Make sure to continue your treatment as requested by your doctor. If you do not go to appointments, restrict your activities, or do other things your doctor instructs you to do, you could hurt the value of your claim.

Just because you sustained injuries in an accident does not mean you automatically qualify for compensation. Our lawyers are prepared to review your circumstances to see whether you are eligible to take legal action.

Proving Negligence

In most situations, our attorneys must prove negligence to have a chance of recovering compensation for damages. We must establish four things to show the other party acted in a careless way: duty, breach, causation, and damages.

ELEMENT #1: DUTY OWED

The other party must have owed you a duty of care. In some situations, the relationship that exists between both parties can create a legal duty. Doctors owe patients a legal duty to provide competent medical care as other similarly trained doctors would provide. Property owners owe visitors a legal duty to provide and maintain a safe and hazard-free environment. Drivers are expected to operate their vehicles safely. The duty of care depends on the situation.

ELEMENT #2: BREACH OF DUTY

The other party must have breached the duty by failing to act like a reasonable person would in a similar situation. If the average person would have known that someone might be injured as the result of his or her actions, he or she would have acted differently.

ELEMENT #3: CAUSATION

The other party’s negligence must have caused your injury – without the breach of duty of care, you would have been unharmed. To recover compensation, you must prove the other party should have reasonably foreseen that his or her actions might cause harm.

ELEMENT #4: DAMAGES

The injuries you sustained must have caused you to suffer damages. These damages are usually compensatory for expenses related to medical care, loss of income or property damage. You may also be eligible for compensation for things like pain and suffering.

A Clare personal injury lawyer needs to determine the extent of your injuries, review your medical care, and estimate your recovery time.

Generally, some damages that may be recoverable in a personal injury case include:

• Medical treatment – This could include the cost of medical care associated with the accident and reimbursement for treatment you have received, along with the estimated cost of future care.
• Loss of income – The accident may have resulted in lost wages from missing work for medical care or because you were physically unable to work. If the injury affects your future earning capacity, you may also be able to recover compensation to make up for that loss.
• Property damage – If any vehicles, electronics, clothing, or other items were damaged due to the accident, you may be able to get reimbursed for repairs or fair market value.
• Pain and suffering – This could include compensation for the physical pain and serious discomfort you have experienced during and since the accident.
• Emotional distress – These damages are meant to compensate you for the psychological impact of an injury, including anxiety, depression, fear, sleep loss, and post-traumatic stress disorder.
• Loss of enjoyment – If your injury prevents you from enjoying daily activities such as hobbies, exercise, or other recreational fun, you may be eligible to recover compensation for loss of enjoyment.
• Loss of consortium – These damages refer to the impact your injuries have had on your relationship with a spouse or partner. This includes loss of companionship, love, affection, and emotional support.
• Exemplary damages – These are awarded in cases where an at-fault party engaged in willful or wanton conduct that showed a complete disregard for your rights. Unlike punitive damages in other states, these damages are connected to specific losses suffered by the victim, such as mental anguish, humiliation, or outrage.

You may still be eligible to recover damages even if you are partially at fault for the accident that caused your injuries. That is because Michigan adheres to a comparative negligence standard. The amount of damages awarded will be reduced according to your degree of fault if it is less than 50 percent.

If the jury awards you $120,000 after a car accident but you are found to be 40 percent to blame for what happened, the award amount would decrease by 40 percent or 48,000. That means you would get $72,000.

However, if you are 50 percent or more at fault, you will be barred from obtaining any recovery.

Our experienced Clare personal injury attorneys are well-versed in negligence laws and how these laws may apply to your situation. We welcome the opportunity to review your claim in a free and confidential consultation.