When faced with personal injuries due to someone else’s negligence, seeking the services of a reputable Michigan personal injury lawyer becomes crucial. Michigan is home to several highly-rated personal injury attorneys and law firms dedicated to fighting for the rights of those who have suffered harm.
Top personal injury attorneys in Michigan, such as Michigan Injury Lawyers and Buckfire Law Firm, have achieved remarkable success in securing significant settlements and verdicts for their clients across various personal injury cases. These firms operate on a contingency fee basis, ensuring clients don’t pay legal fees unless they receive compensation.
Types of Personal Injury Cases
Personal injury cases in Michigan encompass a wide range of situations where an individual suffers harm due to another party’s negligence or wrongdoing. The most common types include:
- Car Accidents: These often result in severe injuries, and victims can seek compensation for medical expenses, lost wages, and pain and suffering if the other driver was at fault and their injuries meet certain thresholds.
- Slip and Fall Accidents: Property owners have a duty to maintain safe premises. Victims can recover damages for injuries caused by hazards like debris, wet floors, accumulated snow/ice, or uneven surfaces.
- Medical Malpractice: When healthcare professionals deviate from the accepted standard of care, patients can pursue claims for medical expenses, lost wages, and pain and suffering, though Michigan has caps on certain damages.
- Product Liability: Manufacturers, distributors, and retailers can be held liable for injuries caused by defective or dangerous products, allowing victims to recover various damages.
- Wrongful Death: The estate or surviving family members can file a lawsuit seeking compensation for their loss when a death occurs due to another’s negligence or misconduct.
Other common cases involve motorcycle accidents, truck accidents, dog bites, nursing home abuse, and various other types of accidents and injuries caused by negligence.
Statute of Limitations
The statute of limitations is a critical factor in personal injury cases, as it determines the time frame within which a victim can file a claim for damages. In Michigan, the general statute of limitations for personal injury cases is 3 years from the date of the injury or death (Section 600.5805(2)). This 3-year deadline applies to most personal injury cases, including:
- Auto accidents
- Premises liability (slip and fall accidents)
- Insurance claims
- Defective product cases
However, there are exceptions to this general rule:
- For actions charging assault, battery, or false imprisonment, the statute of limitations is 2 years (Section 600.5805(3)).
- For actions charging assault or battery by a spouse, former spouse, someone with whom the person has a child in common, or someone with whom they reside or formerly resided, the statute of limitations is 5 years (Section 600.5805(4)).
- For actions charging assault and battery by someone with whom the person has or has had a dating relationship, the statute of limitations is 5 years (Section 600.5805(5)).
- For actions to recover damages sustained due to criminal sexual conduct, the statute of limitations is 10 years, regardless of whether a criminal prosecution occurred (Section 600.5805(6)).
- For medical malpractice cases specifically, the statute of limitations is 2 years from the date of the harmful act, or 6 months from when the injury was discovered (up to a maximum of 6 years from the harmful act).
It’s crucial to consult with an experienced to ensure the claim is filed properly and on time. Gathering and preserving evidence, such as photographs, documents, witness statements, and physical evidence, is also essential to building a strong case. Taking action promptly is advised, as preparing a personal injury case can be time-consuming.
Proving Negligence
Establishing negligence is a critical component of a successful personal injury case in Michigan. The plaintiff must prove four key elements:
- Duty of Care: The defendant owed a legal duty to exercise reasonable care toward the plaintiff. For example, drivers owe a duty to operate their vehicles safely, and property owners owe a duty to maintain safe premises.
- Breach of Duty: The defendant failed to fulfill their duty of care through an act or omission. This could involve speeding, running a red light, failing to clear a hazard, or other negligent behavior.
- Causation: The defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. The plaintiff’s harm must have been a reasonably foreseeable consequence of the defendant’s actions.
- Damages: The plaintiff suffered quantifiable damages, such as medical expenses, lost wages, pain and suffering, or other losses stemming from the injury.
Michigan follows a modified comparative negligence rule, meaning the plaintiff’s recovery is reduced by their percentage of fault. If the plaintiff is found to be more than 50% at fault, they cannot recover any damages.
Evidence that can help establish negligence includes:
- Photos/videos of the accident scene
- Eyewitness statements
- Incident reports
- Medical bills and records
- Expert witness testimony (e.g., accident reconstruction experts, medical experts)
In some cases, the doctrine of res Ipsa loquitur (“the thing speaks for itself”) may apply, allowing the jury to infer negligence without direct evidence if certain conditions are met, such as the injury being of a type that ordinarily does not occur without negligence.
Compensation and Damages
Hiring an experienced provides several advantages, including completing paperwork, evaluating medical records, gathering evidence, obtaining witness testimony, communicating with insurance companies, assisting with No-Fault benefits, and representing clients in court.
Michigan has a No-Fault Insurance Act that requires drivers to carry insurance providing certain benefits to injured parties regardless of fault. Individuals can also file lawsuits against at-fault parties in certain situations. There are two main types of damages that can be recovered in a Michigan personal injury case:
Economic Damages
Loss of or damage to personal property
- Medical bills and other related expenses
- Lost wages and future lost earning potential
- Caregiving expenses and mobility devices
Mileage to and from medical appointments
Non-Economic Damages
- Physical pain and suffering
- Emotional trauma, such as post-traumatic stress disorder
- Loss of quality of life
In rare cases of reckless or intentional actions, plaintiffs may also be awarded punitive damages. Factors that affect the amount of compensation include the severity of the injury, the long-term impact, and the degree of liability (if the plaintiff was partially at fault, the compensation may be reduced)
