PERSONAL INJURY
PERSONAL INJURY EXPLAINED
Michigan boasts many beautiful places to visit and things to do. Nothing can flip your life upside down quite like an accident that causes a personal injury. If you have been injured in the state of Michigan, then it is important that you speak to an experienced Michigan personal injury lawyer as soon as possible to understand what your options are and how strong your personal injury claim may be.
Different accidents can result in different types of compensation available. The factors in your case will determine what kind of personal injury claim you can make. Common personal injury cases include:
If you have been hurt in an accident, these are the three things you should do:
1. Check to see if you are safe and not hurt too badly.
2. Once you are sure you are safe, start to think about what to do next.
3. It is important that you try to document what happened in the accident. This means taking pictures, writing down what happened, and getting statements from people who saw the accident happen. This will help your case if you decide to sue for personal injury later on.
WHAT KIND OF COMPENSATION CAN I RECEIVE?
After an accident, the expenses can be too much for one person to handle. An accident can cost a lot of money and also cause emotional damage. There are some costs that can be paid for in a personal injury lawsuit, like:
Lost income
Diminished ability to earn an income
Medical and rehabilitation costs
Disability expenses
Pain and suffering
Funeral and other related costs if a death occurred
Loss of consortium
These are just some of the types of costs and expenses that can be compensated for if you have suffered a personal injury. Money damages are broken into three different categories in personal injury cases. These damages are known as economic damages, non-economic damages, and punitive damages.
Economic damages are direct expenses that can be determined by adding up medical bills and other expenses incurred by an injury. Noneconomic damages are indirect expenses that are harder to calculate such as mental anguish or loss of consortium. Punitive damages are additional costs that are ordered against a responsible party to punish their conduct. Punitive damage awards can be significant and are subject to being reviewed for appropriateness.
WHAT ABOUT NO-FAULT?
If you have been involved in a car accident on a Michigan roadway, then your case is governed by Michigan’s no-fault laws. Michigan requires all drivers to carry no-fault insurance, and you can be criminally charged if you fail to carry no-fault insurance while driving.
Under no-fault, if you are involved in a car accident, then you simply make your damage claim to your own insurance company. Your insurance company is then expected to compensate you for your injuries. You do not typically file a lawsuit against the other driver in a Michigan accident unless that driver committed a crime, or your insurance policy isn’t enough to cover your injury expenses. No-fault insurance policies also cover all family members that live in the same household. Make sure to speak to an attorney if you have legal questions.
DO I EVEN NEED AN ATTORNEY?
It is not required that you hire an attorney in your personal injury claim, but it can be very helpful in getting the money you deserve. Insurance companies have teams of lawyers and people who work for the company to help it save money. They do this by making sure the company pays out as little money as possible when people make claims. These lawyers and adjusters will use your inexperience against you, which can result in lower compensation or denied claims. It is important that you level the playing field with an experienced attorney.
It is important to have an experienced attorney on your side to help you get the money you deserve. Your attorney can help you understand how much your case is worth and ensure that compensation isn’t left on the table. If you forget to include damages that you are otherwise entitled to, then the insurance company will not go out of their way to give you more money. Having an attorney also lets the insurance company know that you are ready to go to trial if necessary. There are many benefits to having an experienced personal injury attorney on your side.
THE MY MICHIGAN LEGAL DIFFERENCE
When you are seeking to receive compensation for your injuries, it is important to understand the process and be familiar with the damages you are entitled to and the games that insurance companies play with claimants. Doing a thorough evaluation of the accident and the scene can reveal evidence that can help you with your personal injury claim. At My Michigan Legal, we pride ourselves on putting you in the best position to receive your highest level of compensation. Make sure you approach your case appropriately with an attorney who will help you get the money you deserve.
WHAT IF I HAVE MORE QUESTIONS?
If you have been injured in an accident, then you will likely have a number of questions. Finding a website like this one can be a great resource, but it is not a substitute for the advice of an experienced personal injury attorney. If you have questions about your situation, then contact us at My Michigan Legal today.
A contingency fee structure in Michigan for a personal injury case works by having the lawyer and client agree that no attorney's fees will be due unless the case is successful. The lawyer will then take a previously established percentage of any settlement or jury award won as payment, typically ranging from 25%-40%. If a case is lost, the attorney may recover their legal costs from the client (which would have been paid out of the retainer mentioned earlier). However, many Michigan attorneys offer contingency plans with no up-front costs. It is important to discuss all payment options with your attorney before signing any agreements.
It can be difficult to know whether hiring an attorney is necessary in this type of case or not. In many cases, it depends on the severity of the injury and whether you have the ability to take legal action yourself. Generally speaking, injuries that are serious enough to require medical attention may warrant consulting with an attorney. Here's what you should consider when determining if a lawyer is necessary for your personal injury case:
Overall, hiring an attorney in a personal injury case can make all the difference in ensuring that you receive fair compensation for your losses. An experienced lawyer can also guide you through each step of the process and provide valuable advice about your options throughout litigation.
Personal injury claims in Michigan can be denied for a variety of reasons. Some of the most common reasons are lack of sufficient evidence to prove negligence or fault on the part of another party, failure to meet legal time limits for filing the claim, and if it is determined that the injury was intentionally self-inflicted. Insurance companies may also deny claims if they believe there were preexisting medical conditions that contributed to the injury. Additionally, some insurance companies may require an independent medical examination before making a decision on the claim. If any of the above criteria are not met or if fraud is suspected, it is likely that your personal injury claim will be denied.
My Michigan Legal, PLLC publishes this website and our blogs to inform clients and friends about our firm, our attorneys, and new developments. This website and blogs are not intended as legal advice on any matter. You should not act or refrain from acting because of information found here without first seeking appropriate legal or other professional advice from someone who is familiar with your particular circumstances.
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Detroit, MI 48226
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Photography Credit @ Chris Ahern & Kevin Chang
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