Dearborn Height Injury Lawyer
If you've been injured due to someone else's negligence, you have the right to ask for 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 lawyers ready to protect their clients. Who's looking out for you? At Marko Law, we defend personal injury victims. Where possible, we resolve cases out of court so our clients can return to their lives. If necessary, however, we put together a litigation strategy and take the case to court. 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 claim is negligence. When another person, company, or even a governmental agency acts irresponsibly, others can get injured. The injury is typically physical, but it can also be psychological or emotional too. "Negligence" is a legal term that implies failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to behave as a reasonably sensible individual would. Negligence can be displayed through someone's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to remove a known hazard from one's company property). To win a personal injury case, the victim needs to show that the offender was negligent. There are four specific elements that are required under Michigan law:
- Duty of care. The offender must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the individuals, such as physician and patient. But this isn't always required. For example, when you drive on a highway, you owe a duty to other drivers not to be careless.
- Breach. Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the offender's negligent acts and/or omissions are brought out. It also covers circumstances where the at-fault party breaks a law or engages in deliberate wrongdoing. The breach is generally the most contested part of a personal injury case.
- Causation. The defendant's breach has to actually result in injury to the plaintiff. If the defendant acted negligently but didn't harm the plaintiff, this element fails.
- Damages. These are the losses for which the plaintiff will pursue 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 amount of damages are hotly contested in most personal injury cases.
Potential Damages In a Personal Injury Case
The goal of a personal injury lawsuit is to make the plaintiff whole via a financial compensation. This compensation is known as damages, and some examples are:
- Medical costs. This broad category can consist of everything from hospital bills and prescription medications to physical therapy and unique 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, possibly considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
- Lost earning capacity. Your career prospects might be cut short or significantly restricted after a personal injury. An expert witness can help approximate the future earnings you will lose 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 vital to catastrophic injury cases.
- Loss of enjoyment of day-to-day life. It might not be possible to enjoy your regular everyday activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
- Loss of consortium. This category refers to the deprivation of the benefits of a family relationship. It includes the loss of support, society, friendship, and sexual relationship between partners 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 Lawsuit?
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 claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury occurs.However, it's ideal not to delay taking action on your case. Witnesses' memories can diminish over time, evidence will be more difficult to obtain, and you could fail to remember critical information if you wait too long. If you or a loved one have been injured, reach out to a committed Dearborn Height personal injury attorney.
How Can the Injury Attorneys of Marko Law Assist Me?
Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney who not only understands Michigan personal injury legislation but understands how to determine a fair value for your claim. At Marko Law, we've assisted countless personal injury clients to get the compensation they require to recuperate. We will not accept unjust deals and will defend 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 injury lawyers in Dearborn Height, 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.