When life takes an unexpected turn due to an injury, having a dedicated advocate in your corner can make all the difference. A Warren personal injury attorney brings in-depth knowledge of local laws and a passion for helping injured individuals regain control of their lives. From car accidents to workplace injuries, our professionals work tirelessly to secure fair compensation, so you can focus on healing and moving forward.
For example, if you were hurt in a motor vehicle crash, a Warren car accident lawyer can help investigate liability, handle difficult insurers, and guide you through Michigan’s legal process. Likewise, victims of unsafe property conditions can turn to a Warren slip and fall attorney to hold negligent property owners accountable.
Call Khamo Law today at (248) 466-0606 or contact us online to schedule your complimentary consultation.
How Is Fault Determined in a Personal Injury Case?
Michigan follows a modified comparative negligence system. Under this rule:
- If you are found to be partially at fault for your injury, your compensation will be reduced by your percentage of fault.
For example, if you are 20% at fault and your total damages are $100,000, you will receive $80,000. - If you are more than 50% at fault, you are barred from recovering any damages.
Fault is determined by examining evidence such as police reports, witness statements, video footage, accident reconstruction reports, and expert testimony. Insurance companies and courts may both assess fault, but an experienced Warren personal injury attorney will work to minimize your assigned fault to maximize your recovery.
What Should I Do Immediately After a Personal Injury Accident in Warren?
Remembering these steps can help protect your claim after a personal injury accident.
- Seek Medical Attention: Even if you feel fine, get checked by a medical professional to identify any hidden injuries and document your condition. Keep all medical records and follow-up appointments.
- Document the Scene: Use your phone to take photos or videos of:
- The accident scene
- Your injuries
- Property damage
- Traffic signals, road conditions, or weather factors that contributed to the accident
- Gather Witness Information: Collect names, contact details, and brief statements from witnesses. If possible, ask them to speak to law enforcement at the scene.
- Notify Your Insurance Company: Inform your insurance company about the accident, providing basic details such as the date, time, and location. Avoid admitting fault or providing extensive information until you consult an attorney.
- Contact a Personal Injury Attorney: Seek legal guidance to protect your rights, negotiate with insurance companies, and handle complex legal processes. Schedule a free consultation with Khamo Law promptly.
- File a Police Report: If law enforcement doesn’t respond to the scene, visit your local station to file a report. This documentation is critical for legal claims.
- Preserve Evidence: Keep physical evidence, such as damaged clothing, broken items, or debris from the scene, in its original condition.
- Avoid Discussing the Accident: Limit conversations about the accident to your attorney and avoid posting about it on social media, as anything you say could be used against you.
- Keep a Journal: Document your injuries, pain levels, and how the accident has affected your daily life. This can strengthen your case for non-economic damages.
How Long Do I Have to File a Warren Personal Injury Claim?
In Michigan, the time limit for filing a personal injury lawsuit is governed by the statute of limitations, typically three years from the date of the injury. This means you must initiate legal action within this time frame, or you may lose your right to seek compensation. However, there are important details and exceptions to consider:
General Statute of Limitations
- Personal Injury Claims: The 3-year statute of limitations applies to most types of personal injury cases, including car accidents, slip and falls, truck accidents, dog bites, and other incidents caused by negligence. At Khamo Law, we have dedicated truck accident attorneys, dog bite attorneys, etc., ready to assist you with each type of case.
- Starting Point: The clock begins ticking on the date the injury occurred. For example, if you were injured in a car accident on January 1, 2024, you must file your lawsuit by January 1, 2027.
Exceptions to the Statute of Limitations
- Claims Involving Minors: If the injured person is under the age of 18 at the time of the accident, the statute of limitations is extended. The three-year period begins when the minor turns 18. For instance, if a 15-year-old is injured in 2024, they would have until their 21st birthday to file a claim.
- Claims Involving Incapacitated Individuals: If the injured party is mentally incapacitated or otherwise unable to file a claim, the statute of limitations may be paused (known as “tolled”) until they regain capacity.
- Medical Malpractice Claims: Medical malpractice cases have a shorter timeframe and must generally be filed within 2 years from the date of the malpractice or within six months of discovering the malpractice, provided it couldn’t have been discovered earlier.
- Government Claims: If your injury involves a government entity (e.g., a car accident caused by a city-owned vehicle or a slip and fall on government property), you must file a notice of intent to sue within 120 days to 6 months, depending on the entity involved. Failing to meet this shorter deadline can bar your claim.
- Discovery Rule: In some cases, the injury or its cause isn’t immediately apparent. For example, exposure to hazardous chemicals may cause injuries that appear years later. In such cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered.
Importance of Acting Promptly
Even with the 3-year window, it’s critical to act as soon as possible for several reasons:
- Preservation of Evidence: Over time, evidence such as photos, medical records, and witness statements can be lost or degraded. Acting quickly helps ensure you have a strong case.
- Building Your Case: Complex cases involving serious injuries, disputed liability, or multiple parties require significant time for investigation and preparation.
- Negotiation Leverage: Filing your claim promptly shows seriousness and provides more time to negotiate a fair settlement before the deadline approaches.
What Happens If You Miss the Deadline?
Failing to file your claim within the statute of limitations typically means:
- Your Case Is Dismissed: Courts are unlikely to hear a case filed after the deadline, barring exceptional circumstances.
- Loss of Compensation: You forfeit your right to recover damages, even if you have a strong case.
Exceptions are rare and require extraordinary circumstances, such as fraud or concealment by the at-fault party.
How a Warren Personal Injury Lawyer Can Help
An experienced personal injury attorney in Warren can:
- Evaluate your case and determine the applicable deadline.
- Identify any exceptions that may extend the statute of limitations.
- Handle time-sensitive procedures like filing a notice of intent to sue in government claims.
By acting promptly and consulting an attorney, you increase your chances of securing the compensation you deserve.
Contact Khamo Law’s Warren Personal Injury Attorneys Today
Have you been injured in an accident in Warren? Don’t let the burden of a personal injury weigh you down. At Khamo Law, we stand up for victims like you and will fight for you to receive the compensation you deserve for medical bills, lost wages, and pain and suffering.
With years of experience and a proven track record, we’re ready to fight for your rights. Call us today at (248) 466-0606 or contact us online to schedule your complimentary consultation. Let us take on the legal stress so you can focus on your recovery!