Being injured because of someone else’s actions can turn your life upside down. Between mounting financial expenses and debilitating pain and suffering, it’s natural to wonder whether you can take legal action to recover what you’ve lost. In Michigan, the answer will ultimately depend on the facts of your case and the state’s personal injury laws.
Not every accident qualifies as a personal injury claim. To move forward, there generally must be proof that another person or entity acted negligently (carelessly) and that their actions directly caused your injuries. Learning about how these rules apply to your situation can help you decide your next steps.
Read on to learn more, and contact a Sterling Heights injury attorney for a free case review if you’re ready to get started with your claim.
Understanding Personal Injury Law in Michigan
Personal injury law exists to hold people and organizations accountable when their negligence harms others. These laws allow victims to pursue compensation for both economic and non-economic damages, as well as punitive damages in rare cases.
Michigan personal injury cases can arise from a wide range of scenarios, including car accidents, premises liability, and more. Many claims are based on a negligence cause of action, though some may be based on strict liability or a no-fault framework instead. A personal injury attorney can help you determine which legal framework applies to your specific situation.
Common Types of Personal Injury Claims
Michigan residents file a wide range of personal injury claims every year. Some of the most common include:
- Motor vehicle accidents: These make up a large share of cases, especially those involving distracted and drunk drivers
- Slip and fall accidents: Often caused by icy sidewalks and slippery floors on either private or public property
- Medical malpractice: Occurs when a healthcare provider fails to meet professional standards and a patient is harmed
- Defective products: Arise when faulty and/or dangerous products injure consumers
- Dog bites: Frequently result in serious injuries, especially to children
Each claim type involves specific legal requirements, but all usually depend on demonstrating negligence and the resulting harm.
Elements Required To Prove a Valid Claim
A valid personal injury claim in Michigan based on negligence must include four main legal elements:
- Duty of care: The defendant had a legal obligation to act safely or reasonably under the circumstances.
- Breach of duty: The defendant failed to meet that obligation, such as by ignoring hazards or breaking traffic laws.
- Causation: The breach directly caused your injury. You must also establish proximate cause.
- Damages: You suffered measurable losses, including financial losses and emotional ones as well.
Although these elements might seem relatively straightforward on the surface, they can be difficult to prove in reality. Insurance companies and other at-fault parties in personal injury cases often have entire legal departments at their disposal to help them limit their liability whenever possible. Your personal injury lawyer in Sterling Heights can build a strong case to counter these tactics and protect your rights.
How Michigan’s No-Fault Laws Affect Your Claim
Michigan is a no-fault state for motor vehicle accidents. This means that after most car crashes and truck accidents, each driver first turns to their own insurance company for medical bills and lost wages, regardless of who caused the collision.
However, if you sustained serious injuries or your expenses exceed your personal injury protection (PIP) coverage, you may be allowed to file a lawsuit against the at-fault driver. Serious injuries generally include permanent disfigurement, for example, or a significant impairment of body function.
For accidents not involving vehicles (such as premises liability claims), Michigan follows traditional negligence rules in most cases. You’ll need to prove that another person or entity was responsible for your injuries in those circumstances.
Statute of Limitations for Personal Injury Cases in Michigan
Michigan law limits how long you have to file a personal injury lawsuit. In most cases, you must file within three years of the date of the accident. Missing this statute of limitations deadline can result in losing your right to pursue compensation altogether.
However, note that there are some exceptions that may extend the filing period. For instance, if the injured person is a minor or doesn’t discover the injury right away, the clock may start later. Still, it’s best to act quickly so your personal injury lawyer in Sterling Heights can collect evidence while it’s fresh and meet all of the applicable time limits that apply to your specific case.
Evidence That Strengthens a Personal Injury Claim
Strong evidence can make all the difference in proving your case and recovering all the compensation that you’re entitled to under the law. The following items can help establish what happened and who was at fault:
- Photos and videos of the accident scene or hazardous condition
- Medical records showing the extent of your injuries and treatment
- Witness statements from people who saw the incident
- Official reports, such as police reports and other accident documentation
- Analysis from expert witnesses, such as accident reconstruction specialists
Collecting this information early improves your chances of success and helps your personal injury attorney negotiate from a position of strength. As the injured victim, you will have the initial burden to support your claim “by a preponderance of the evidence,” which is roughly a 51% or higher likelihood.
Contact a Sterling Heights Personal Injury Lawyer at Khamo Law
Not every accident leads to a valid personal injury claim, but many do. If you’re unsure whether your situation qualifies, an experienced personal injury attorney in Sterling Heights can review your case and explain your options.
An injury lawyer can also help you calculate the full amount of your damages, handle the communications and settlement negotiations with insurance companies, and represent you in court and even at trial if necessary. Most personal injury attorneys in Sterling Heights and throughout Michigan work on a contingency fee basis, meaning you don’t pay attorney’s fees unless they recover money for you.
If you were injured because of someone else’s negligence or wrongdoing, reach out to a Sterling Heights personal injury lawyer with Khamo Law today for a free consultation at (248) 466-0606 or by contacting us online. We’ve won over $30 million for our deserving clients to date and are confident we can help you make the most of your personal injury case as well.