Without stating the obvious, there are probably a number of things going through your mind while you are in excruciating pain from your recent injury –– like if you are going to have to miss work, how are you going to pay your bills, who is going to take care of your kids, and how will you pay for your medical expenses.
This is all completely understandable and, especially if the injury was caused by the negligence of another, you are likely wondering if you have a personal injury case that you can bring to the attention of a qualified attorney, right?
If you are nodding your head in silent acknowledgement, we get it and we are more than capable of giving you a little insight into whether you could have a Michigan personal injury claim to bring to the table.
Let’s take a look.
Statute of Limitations
Just like you, the person(s) involved in your case have rights so it is up to you to build a case that will prove that they are responsible and liable for your injury(s). So, one factor that will come into play is statute of limitations.
In Michigan (and most other states), you will have a time period in which you can file a personal injury claim which is three years. If you don’t file a claim before this period ends, then a court is likely to deny it. The three years starts from the date of your injury but, if your injury occurred some time after the incident, then the discovery date could be used to start the three year period instead.
Proving Negligence in Michigan
In a personal injury lawsuit, the plaintiff’s attorney has the responsibility of proving negligence on the defendant’s part that lead to their client’s injury. There are many ways in which a Michigan court can determine negligence which includes the “reasonably prudent person” principle and these four elements of negligence.
The “reasonably prudent person” principle attempts to establish negligence by comparing the actions of a law-abiding, responsible citizen with those of the defendant. If it can be established that the defendant’s actions do not reflect those of a typical law-abiding citizen, should they have been in the same situation, then the defendant would be found negligible in the eyes of the court.
For the four elements of negligence, these are:
- Duty – Did the defendant have a duty to prevent the accident?
- Causation – Were the injurer’s actions responsible for your injuries?
- Breach of duty – Did their actions result in a breach of duty?
Damages – Does your injuries qualify as damages that they would be liable to pay?
Seeking a Michigan Personal Injury Lawyer for My Claim
While this certainly isn’t a thorough insight into whether you have a personal injury case, it can be a great way to screen whether you should approach a personal injury lawyer or not. However, if you are not sure or feel that you have extenuating circumstances that qualify you to file a personal injury lawsuit, then we are here to help.
At Marko Law, we have extensive knowledge and years of experience navigating the Michigan court system and have handled many personal injury claims. You can be confident that we can not only help you with your case but also seek to get the highest settlement that we possibly can to cover the expenses and damages left behind by your pain and suffering. Give us a call today at 313-965-5555 for your free consultation.