Accidents happen, but when they do, you may be the one left injured due to someone else’s negligence. When that happens, it can feel like you’re playing catchup, trying to understand your rights and Michigan’s laws and regulations surrounding personal injury claims. It doesn’t have to be confusing, however. Your personal injury lawyer in Michigan will be with you at every step of the process, with the goal of ensuring you get the compensation you deserve.
Understanding Personal Injury Law in Michigan
To establish a successful claim, you’ll need to prove four key elements:
Duty
You have to show that the at-fault party owed you a legal duty of care, meaning they had a responsibility to act with reasonable caution to avoid causing harm.
Breach of Duty
Next, you must show that the at-fault party breached their duty by acting negligently or carelessly.
Causation
This element is simply showing that the at-fault party’s breach of duty directly caused your injuries and resulting damages.
Damages
Finally, you have show that you suffered measurable losses, such as medical bills, lost wages, pain and suffering, or property damage.
Determining Liability in Personal Injury Cases
The key to a successful personal injury claim is establishing liability. This involves demonstrating that the injury was caused due to the negligence or fault of another party. In Michigan, “comparative negligence” is used in personal injury cases, meaning that if you are partially at fault for your injury, your compensation may be reduced accordingly. If you are more than 50% at fault, you cannot recover any damages.
Statute of Limitations
In Michigan, personal injury claims must normally be filed within three years from the date of the injury. Failing to file within this window can result in the loss of your right to seek any compensation at all. There are a few exceptions to this rule, but they are rare.
If you are injured due to the negligence of a government entity, there are different deadlines depending on the type of injury and where it occurred, so talk to a personal injury lawyer immediately.
Seeking Compensation
Compensation in personal injury cases can include coverage of all medical expenses, lost wages, and compensation for pain and suffering. Negotiations with the at-fault party or their insurance company usually precede a lawsuit, and the goal is to get a fair settlement without having to go to court. However, if the insurance company won’t offer a fair settlement, you may have to litigate.
Insurance Claims
Dealing with insurance companies is almost always part of this process, and insurance adjusters may attempt to minimize the compensation you’re paid. Do not agree to any settlement without consulting a personal injury attorney.
Your Personal Injury Lawyer in Michigan
A personal injury lawyer can help you meet all deadlines, file everything according to all court rules, properly investigate and then value your claim, negotiate with insurance companies, and, if necessary, represent you in court. Trying to bring a personal injury claim without experienced legal help is unlikely to have a good result. Many claimants make mistakes that can weaken their case, such as failing to seek medical attention promptly or giving recorded statements to insurance adjusters without legal advice.
If you’ve been injured, reach out to us at Jay Trucks & Associates, PC in Grand Rapids, Lansing, Clare, Flint, Traverse City, Saginaw, Kalamazoo, or Detroit right away for a free consultation and take the first step towards a successful resolution.
