Ypsilanti Personal Injury Law Firm
If you've been injured because of someone else's negligence, you have the right to demand financial compensation for the losses you've suffered. However, seeking a personal injury lawsuit is no easy task. Defendants and their insurers 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 resolve cases out of court so our clients can get back to their lives. If needed, however, we put together a litigation strategy and take the case to court. Either way, we stand by our clients from beginning to end so they can focus on recovering.
What Is Personal Injury?
The essence of a personal injury case is negligence. When another individual, business, 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 suggests failure to exercise an appropriate degree of care under the circumstances. Another way of putting it is failure to behave as a reasonably prudent individual would. Negligence can be demonstrated through a person's actions (like speeding or driving intoxicated) or through an omission (such as failing to remove a known risk from one's company property).To win a personal injury case, the victim has to show that the offender was negligent. There are four specific elements that are required under Michigan legislation:
- Duty of care– The defendant must have owed a duty of care to the plaintiff. Sometimes a duty emerges out of a personal relationship between the parties, such as physician and patient. But this isn't always necessary. For example, when you drive on a freeway, 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 situations where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is typically the most contested part of a personal injury lawsuit.
- Causation– The defendant's breach has to really cause injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this aspect fails.
- Damages– These are the losses for which the plaintiff will seek financial compensation. Some of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and amount of damages are hotly contested in the majority of personal injury cases.
Potential Damages In a Personal Injury Case
The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is known as damages, and some examples are:
- Medical costs– This broad category can include everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to assist with a victim's daily activities.
- Lost wages– While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, possibly significant 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 significantly restricted 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 trauma you will likely experience for some time to come. Although hard to measure, they are essential to catastrophic injury cases.
- Loss of pleasure in everyday life– It might not be possible to enjoy your normal 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 advantages of a family relationship. It includes the loss of assistance, community, companionship, 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 meant to punish the wrongful party and discourage others from participating 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 cases are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to file 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 starts to run when the injury occurs.However, it's ideal not to procrastinate taking action on your case. Witnesses' memories can diminish with time, proof will be harder 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 Ypsilanti personal injury lawyer.
How Can the Personal Injury Lawyers of Marko Law Help Me?
Suing a defendant almost always means using an insurance company, like a motor vehicle insurer. Regardless, you can count on the defendant'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 case. At Marko Law, we've assisted numerous personal injury clients to obtain the compensation they require to recover. We will not accept unjust offers and will stand by you from start to finish. Give us a call or complete the contact form today to get started on your claim.