Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. To put it simply, it is a lawsuit that a victim files against another person or organization they believe is responsible for their injury. Each state has its own laws regarding personal injury cases, and Michigan is no exception.
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The Basics of Personal Injury Cases in Michigan
In Michigan, personal injury cases are primarily based on the legal concept of negligence. Negligence is the failure to use reasonable care, resulting in harm to another person. In a personal injury case, the plaintiff (the person filing the lawsuit) must prove that the defendant (the person or organization being sued) was negligent and that their negligence caused the plaintiff’s injuries.
Statute of Limitations
A statute of limitations is a time limit within which a victim must file a lawsuit or lose their right to do so forever. In Michigan, the statute of limitations for personal injury cases is three years from the date of the accident or injury. Therefore, if you are injured in an accident, it is important to consult with a personal injury attorney as soon as possible to ensure you do not miss the deadline for filing your claim.
Comparative Fault
Michigan follows the rule of comparative fault, which means that if the plaintiff is found to be partially at fault for the accident, their compensation will be reduced by the percentage of fault assigned to them. For example, if a plaintiff is found to be 20% at fault for a car accident, and the damages awarded is $100,000, their compensation will be reduced by $20,000 and they will receive $80,000.
Types of Personal Injury Cases
Personal injury cases can range from slip and fall accidents to medical malpractice. Here are some of the most common types of personal injury cases in Michigan.
Car Accidents
Car accidents are one of the most common causes of personal injury cases in Michigan. In 2019, there were over 314,000 car crashes in Michigan resulting in over 75,000 injuries and 1,083 fatalities. A victim of a car accident can file a personal injury claim against the negligent driver to recover damages such as medical expenses, lost wages, and pain and suffering.
Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide standard care or deviates from accepted medical practice, resulting in harm to the patient. Medical malpractice cases can be challenging to prove, and it is essential to hire a competent attorney who has experience handling these types of cases.
Slip and Fall Accidents
Slip and fall accidents occur when a person slips, trips, or falls on someone else’s property, resulting in injuries. Property owners have a legal obligation to ensure their premises are safe for visitors. Therefore, if a property owner is found to be negligent in maintaining their property, they can be held liable for any injuries sustained by visitors.
Dog Bites
Dog bites can result in severe injuries, including permanent scarring, nerve damage, and infections. In Michigan, dog owners are strictly liable for their pets’ behavior. This means that if a person is bitten by a dog, the owner can be held responsible for any resulting injuries, regardless of whether they knew the dog was dangerous or not.
Hiring a Personal Injury Attorney in Michigan
If you have been injured in an accident, it is essential to hire an experienced personal injury attorney to represent you. A personal injury attorney can help you navigate the legal system, investigate the accident, and negotiate with insurance companies to ensure you receive fair compensation for your injuries.
Contingency Fees
Most personal injury attorneys work on a contingency fee basis, which means they do not charge upfront fees and only receive payment if they win the case. Typically, attorneys receive a percentage of the compensation awarded to the client. Therefore, it is essential to discuss the attorney’s fee structure before hiring them.
Conclusion
Personal injury cases in Michigan can be complicated, and it is crucial to have a competent attorney on your side to ensure you receive fair compensation for your injuries. Remember to always seek medical attention if you are injured and consult with an attorney as soon as possible to ensure you do not miss the deadline for filing your claim.