Westland Personal Injury Lawyer
If you've suffered an injury as a result of someone else's negligence, you have the right to seek financial compensation for the damages you've endured. However, pursuing a personal injury lawsuit can be a challenging task. Offenders and their insurance companies often have teams of attorneys prepared to defend their clients. So, who is there to advocate for you? At Marko Law, we are dedicated to representing personal injury victims. Whenever possible, we strive to settle cases out of court, allowing our clients to move forward with their lives. If necessary, we will develop a strong litigation strategy and take the case to court. In either scenario, we stand by our clients every step of the way, ensuring they can focus on their recovery.
Understanding Personal Injury
At the core of a personal injury claim lies the concept of negligence. When an individual, business, or even a government agency acts irresponsibly, others can suffer harm. The injury may be physical, psychological, or emotional in nature.
"Negligence" is a legal term that refers to the failure to exercise a reasonable level of care given the circumstances. It implies a failure to behave as a reasonably prudent person would. Negligence can be demonstrated through actions (such as speeding or driving under the influence) or through inaction (such as failing to address a known risk on one's business property).
To succeed in a personal injury case, the victim must establish that the defendant was negligent. Under Michigan law, four specific components must be proven:
1. Duty of care: The defendant must have owed a duty of care to the plaintiff. Sometimes this duty arises from a personal relationship, such as that between a physician and a patient. However, this is not always necessary. For example, when driving on a highway, one owes a duty to other drivers to exercise care.
2. Breach: The plaintiff needs to demonstrate that the defendant breached the duty of care. This involves highlighting the negligent acts or omissions of the defendant. It also encompasses situations where the at-fault party violated a law or engaged in intentional wrongdoing. The breach element is often fiercely contested in personal injury lawsuits.
3. Causation: The defendant's breach must have directly caused the plaintiff's injury. If the defendant acted negligently but did not harm the plaintiff, this aspect fails.
4. Damages: These are the losses for which the plaintiff seeks financial compensation. Common damages include medical expenses, lost wages, loss of earning capacity, and pain and suffering. The nature and extent of damages are typically heavily disputed in personal injury cases.
Types of Damages in a Personal Injury Claim
The objective of a personal injury lawsuit is to restore the plaintiff to a whole state through financial compensation. This compensation, known as damages, can cover various aspects, including:
1. Medical expenses: This category encompasses a wide range of costs, from hospital bills and prescription medications to physical therapy and specialized equipment to aid in daily activities.
2. Lost wages: While recovering from injuries or being hospitalized, individuals often miss work, resulting in a significant loss of income. Damages can be sought to compensate for this lost earning potential.
3. Lost earning capacity: A personal injury may lead to a permanent reduction or restriction in occupational prospects. Expert witnesses can help estimate the future income that will be forfeited as a result.
4. Pain and suffering: These damages account for the physical pain and emotional distress experienced by the victim. Although challenging to quantify, they are essential, especially in cases involving catastrophic injuries.
5. Loss of enjoyment of everyday life: After a severe injury, it may no longer be possible to participate in regular activities, hobbies, or passions. These damages aim to compensate for the loss of enjoyment.
6. Loss of consortium: This category refers to the deprivation of the benefits of a family relationship. It includes the loss of support, companionship, friendship, and sexual relationship between spouses caused by the injury.
7. Punitive (exemplary) damages: In rare cases, a defendant may be subject to punitive damages. These are intended to punish the wrongdoer and deter others from engaging in similar conduct.
Time Limits for Filing a Personal Injury Claim
It's important to note that your right to file a claim against a negligent party is not indefinite. In Michigan, personal injury claims are subject to a statute of limitations, which sets a deadline for plaintiffs to initiate lawsuits before forfeiting their right to do so. The statute of limitations for personal injury is two years, with the clock typically starting from the time the injury occurred.
However, it is advisable not to delay taking action on your claim. Witness recollections may fade over time, gathering evidence becomes more challenging, and you might forget crucial details if you wait too long. If you or a loved one has suffered an injury, it is crucial to reach out to a dedicated Westland personal injury lawyer.
How Can Marko Law Injury Lawyers Assist You?
When you sue a defendant, you are essentially suing their insurance company, such as a motor vehicle insurer. In any case, you can expect the defendant's legal representatives to contest your claims or make inadequate settlement offers that do not adequately cover your losses. That's why you need an attorney who not only understands Michigan personal injury law but also knows how to assess the true value of your case.
At Marko Law, we have helped numerous personal injury clients obtain the compensation they need to recover. We refuse to accept unreasonable offers and remain steadfast in our support from start to finish. Give us a call or fill out the contact form today to begin your claim.
Contact Us Today for a Free Consultation
If you're ready to pursue your case or need more information about a Westland Injury Lawyer in 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 schedule a free consultation or visit our website at MarkoLaw.com for more information.