Personal Injury Suits: Why You Need to Contact an Attorney
Legally Reviewed and Edited by: Terry Cochran
With Michigan’s three-year statute of limitations on most personal injury cases, your first step after being injured should be to contact a personal injury attorney in Michigan. Michigan personal injury laws can be complex, and it can be difficult to prove liability in a case where multiple people are involved. This can be especially true in medical malpractice or nursing home neglect cases, which remain more common than they should be.
In some cases, the process ends up being fairly simple. A plaintiff who knows that they have caused you serious harm may be willing to settle out-of-court, saving you time and energy. However, most individuals will put up a fight or try to pressure you to settle for less than what you need. You may end up having to go through the entire lawsuit process to get what you deserve, but luckily, having an experienced personal injury attorney from our law firm on your side will make the case a lot easier to deal with.
Types of Personal Injury Cases
Car accidents, pedestrian accidents, dog bites, nursing home abuse, and other types of personal injury cases are covered under varying sets of laws. Car accident injuries are typically covered under your own insurance, but in severe cases involving serious injuries or lost work time, you may need to file a claim against the other driver’s insurance company.
Medical malpractice cases are handled differently. In Michigan, the statute of limitations on medical malpractice is just two years. Depending on the specifics of your case, though, a hospital or clinic may be willing to pay you a settlement without going to trial. However, you’ll still want an experienced medical attorney from Cochran, Kroll & Associates, P.C. on your side to make sure you get the compensation you deserve.
Documenting Your Injuries
Winning a personal injury case will be easier if you have photos, police reports, and other records from the time of the injury. It’s still possible to win without these, but proving the facts of the case in court will be more difficult.
At the very least, you will need medical records documenting the severity of your injuries. You may also need expert medical witnesses to come to court and testify about your condition. Fortunately, a personal injury attorney like Eileen Kroll at our law firm can help recruit these experts for you.
In most cases, Michigan law requires you to prove that the person who injured you was negligent. There are four elements to negligence: duty, breach of duty, causation, and damages.
In other words, you must prove that the injurer had a duty to not injure you, that the injurer violated that duty, and that the injurer actually caused the accident. Then, of course, you have to prove that there was actual damage that resulted.
This means that someone cannot be sued for an unavoidable accident, or for an accident that was caused by a mechanical problem on their car that was a mechanic’s fault. Needless to say, sorting all of this out can take a lot of time and effort, and expert legal guidance from our law firm is necessary.
Filing a Case
If you’ve been injured in an accident of any kind, you should consult with a personal injury attorney at Cochran, Kroll & Associates, P.C. as soon as possible. Even if you’re not sure if your case has merit, a personal injury lawyer will be able to see past the surface of your case. Since the trial phase of a lawsuit can take months or even years to reach a conclusion, it’s important to begin the process as soon as possible.
Cochran, Knoll & Associates, P.C. has a team of top personal injury lawyers, including a nurse attorney who can help assess your injuries. Whether you’ve been in a car accident or experienced medical malpractice, we have the experience needed to get you the compensation you need. Contact us today at 866-MICH-LAW for a free case evaluation. Our legal team never charges a fee unless we win your case.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.