Troy Injury Lawyer
If you've been injured because of another person's negligence, you have the right to ask for financial compensation for the losses you've endured. However, seeking a personal injury claim is no simple task. Offenders and their insurance companies are backed by armies of attorneys prepared 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 get back to their lives. If necessary, however, we assemble a litigation strategy and take the case to trial. Either way, we stand by our clients from beginning to end so they can concentrate on getting better.
What Is Personal Injury?
The essence of a personal injury claim is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional too. "Negligence" is a legal term that means failure to exercise a proper level of care under the circumstances. Another way of putting it is failing to act as a reasonably sensible individual would. Negligence can be demonstrated through someone'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 has to prove that the offender was negligent. There are four specific elements that are required under Michigan legislation:
- Duty of care. The offender must have owed a duty of care to the plaintiff. In some cases, 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 motorists not to be careless.
- Breach. Next, the plaintiff must demonstrate that the offender breached the duty of care. This is where the defendant's negligent acts and/or exclusions are highlighted. It also covers circumstances where the at-fault party breaks a law or engages in intentional wrongdoing. The 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 harm the plaintiff, this aspect fails.
- Damages. These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical costs, lost income, lost earning capacity, and pain and suffering. The nature and quantity of damages are hotly contested in most personal injury cases.
Possible Damages In a Personal Injury Case
The goal of a personal injury claim is to make the plaintiff whole via a 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 drugs to physical therapy and unique adaptive equipment to help with a victim's day-to-day activities.
- Lost income. While you recover or are hospitalized for your injuries, you will lose time from work and, with it, potentially considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
- Lost earning capacity. Your career prospects may be cut short or drastically limited after a personal injury. An expert witness can help estimate 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 hard to measure, they are essential to catastrophic injury cases.
- Loss of pleasure of day-to-day life. It may not be possible to appreciate your normal daily 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 benefits of a family relationship. It includes the loss of assistance, community, friendship, and sexual relationship between spouses caused 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 deter others from engaging in similar conduct.
Are There Time Limits to File a Personal Injury Lawsuit?
Your right to take legal action 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 takes place.However, it's ideal not to procrastinate in taking action on your case. Witnesses' memories can fade over time, a proof 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 hurt, reach out to a committed Troy personal injury lawyer.
How Can the Injury Lawyers of Marko Law Assist Me?
Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant's legal representatives 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 knows how to establish a reasonable value for your claim.At Marko Law, we've helped countless personal injury clients get the compensation they need to recuperate. We will not accept unjust deals and will stand by you from start to finish. 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 an Injury Lawyer in Troy, 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.