How to Get an Injury Claim Through a Personal Injury Law Firm
Legally Reviewed and Edited by: Terry Cochran
A personal injury not only causes the pain and suffering of the initial injury, but it may also cause worry and anxiety of the expenses and of dealing with insurance companies or any personal injury claim you decide to pursue.
While it is fair to say that not every case will need a personal injury attorney, having one represent you will make any dealings with insurance companies easier to handle and make a major difference if you decide to take your case to court. Not only can a personal injury attorney at our law firm ease your burden, but they can ensure you receive the compensation and justice you deserve for your injury.
What is a Personal Injury Case?
There are several types of personal injury cases and they may be handled differently under state law according to circumstances. These types of cases are most often built on the concept of negligence, though there are exceptions to this. Some common types of personal injury include:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Equipment failures
- Product liability
- Workplace accidents
- Dog bite claims
Types of Personal Injury Cases
Some of these will have their own laws and regulations that cover any incidents. For example, if you are injured at work, you should be covered by the state’s workers’ compensation laws. In many cases of workplace injury, workers’ compensation will be paid out with little or no issues. But in many more, there can be disputes with the insurance company that can require the intervention of an experienced personal injury lawyer. And, in some cases, there is also the possibility of filing a personal injury lawsuit where third party liability can be proven.
Medical malpractice suits are another area where specialized experience can make the crucial difference to your case. Medical malpractice cases can be incredibly complex and settlements and verdicts depend on proving there was negligence and, more specifically, a failure in the defendant’s duty of care. This can involve seeking expert medical testimony and a thorough examination of medical records.
Here at Cochran, Kroll & Associates, P.C., one of our partners, Eileen Kroll, is a nurse attorney with many years of experience and this gives us a unique advantage in any medical case. There are many types of medical malpractice and they can include any of the following:
- Birth injuries. These can happen at any point from early prenatal care through labor and delivery. Common conditions resulting from birth injuries include brain damage and cerebral palsy to the infant. Mothers can also experience personal injuries during pregnancy and delivery.
- Surgical errors. Contrary to popular belief, the consent form you sign prior to surgery does not cover any negligent actions during surgery that lead to further injury or even wrongful death.
- Anesthesia errors. If the anesthetist gives you too much or too little anesthetic, then this can lead to unnecessary pain or suffering and you will likely have a legitimate malpractice claim.
- Misdiagnosis. If a medical professional fails to properly diagnose an illness or condition, the condition may worsen without treatment.
- Product liability. Medical malpractice is not just about human error or negligence. Product liability can cover everything from contaminated medication to faulty equipment.
- Pharmacy or medication errors. If the pharmacy prescribes the wrong type – or dosage of medication to a patient, or if another medical professional administers the wrong type or dosage, then you have grounds to file a lawsuit for medical malpractice.
- Infections while under medical care. This may happen when areas or equipment is improperly maintained hygienically. It can worsen existing conditions or cause new ones.
- Failing to treat. Even when a correct diagnosis has been made, your medical professional may not put the proper treatment or care plan in place, or provide follow up or aftercare.
- Delays in diagnosis. This can happen when initial tests, scans, or x-rays are improperly read and a proper diagnosis is delayed as a result.
- No diagnosis. If your doctor fails to diagnose your condition, the delay in receiving the proper treatment can exacerbate your condition.
Types of Damages Awarded
The types and levels of damages awarded can vary greatly and may depend on the type of injuries you received, the severity of those injuries, and how much impact the injuries have on your ability to work and to lead a normal life. Typical expenses a court, or insurance company pay out may include:
- Initial medical expenses. Any medical bills incurred in the time just after the accident and up to the point you make a claim.
- Ongoing and future medical costs. Where your injuries (or resulting condition) requires medical treatment beyond the point in time where you file your initial claim or lawsuit, then these can be included in any award. This may also cover circumstances where medical treatment or personal care are required for the rest of your life.
- Property damage where applicable. If any property, such as a vehicle or a house, has been damaged as a result of the accident, this will be covered.
- Loss of salary. If the accident and injuries resulting means you have had to take time off work, then any lost income should be covered.
- Loss of future earnings. Where you will be absent from work for an extended period, then future lost income can also be factored into any award.
- Diminished earnings potential. Where the injuries result in you being unable to do your previous work – or a job equivalent to it – then the loss of any earning potential may also be factored into your award.
As well as these economic damages, in some cases the insurance company may also consider non-economic damages such as pain and suffering, mental anguish, or loss of companionship.
Why Hire a Personal Injury Lawyer?
A personal injury attorney from our law firm can relieve the burden of paperwork and deadlines from your shoulders while you recuperate from your injury. Even after a minor car accident, when you would expect Michigan’s no fault insurance laws to cover any losses, there can often be disputes or difficulties, or additional factors may mean you can pursue a third party claim against an at fault party.
Our law firm’s knowledge and experience in all areas of personal injury law means you can be more confident of a positive outcome to your case.
Suffering a personal injury may be a minor inconvenience or a life-changing event. But whatever level of injuries you have suffered, you do not want to be out of pocket if the incident was someone else’s fault. From negotiating a fair settlement with an insurance company to representing you in court, having an attorney at your side may be the vital difference between failure and success.
At Cochran, Kroll & Associates, P.C. we offer a free initial appointment to evaluate your case and then advise you on how best to proceed. You can schedule your free appointment by calling us at 1-866-MICH-LAW or completing our online contact form.
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.