Flint 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 suffered. But seeking a personal injury claim is no easy task. Offenders and their insurance companies are backed by armies of lawyers prepared to defend their clients. Who's looking out for you? At Marko Law, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If needed, however, we put together a litigation strategy and take the case to trial. Either way, we defend our clients from start to finish so they can focus on recovering.
What Is Personal Injury?
The essence of a personal injury case is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional as well."Negligence" is a legal term that indicates failure to exercise a proper degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably sensible person would. Negligence can be displayed through a person's actions (like speeding or driving drunk) or through an exclusion (such as failing to eliminate a known risk from one's company property). To win a personal injury case, the victim must prove that the offender was negligent. There are four specific components that are required under Michigan legislation:
- Duty of care– The offender must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the individuals, such as doctor and patient. But this isn't always necessary. For example, when you drive on a freeway, you owe a duty to other drivers not to be reckless.
- Breach– Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the offender's negligent acts and/or exclusions are highlighted. It also covers situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most disputed 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 hurt the plaintiff, this aspect 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 quantity of damages are hotly disputed in most personal injury cases.
Potential Damages In a Personal Injury Lawsuit
The goal of a personal injury claim 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 consist of everything from hospital bills and prescription medications 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, potentially significant amounts of money. You can ask a court to grant you damages to cover this lost income.
- Lost earning capacity– Your occupational prospects might be cut short or drastically restricted after a personal injury. An expert witness can help approximate the future earnings you will miss out on as a result.
- Pain and suffering– These damages account for the pain and emotional stress you will likely experience for some time to come. Although difficult to quantify, they are necessary to catastrophic injury cases.
- Loss of enjoyment of everyday life– It may not be possible to enjoy your normal everyday 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 assistance, community, friendship, and sexual relationship between spouses brought on by the injury.
- Punitive (exemplary) damages– In rare cases, an at-fault party can be subject to punitive damages. These are intended to punish the wrongful party and discourage 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 sets 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 procrastinate taking action on your case. Witnesses' memories can diminish over time, evidence will be more difficult to obtain, and you could fail to remember crucial details if you wait too long. If you or a loved one have been hurt, reach out to a committed Flint personal injury attorney.
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 offender's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need an attorney who not only understands Michigan personal injury legislation but understands how to establish a reasonable value for your claim.At Marko Law, we've assisted numerous personal injury clients to obtain the compensation they require to recuperate. We won't accept unjust offers and will stand by you from beginning to end. Give us a call or complete 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 Near Me in Flint, 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.