Personal Injury Lawyers Near Berg-Lahser In Detroit, MI
Personal injuries can take a devastating toll on you and your loved ones. They leave you burdened with medical expenses, physical pain and emotional turmoil. But, you don’t have to navigate this stressful journey alone.
If you live in Berg-Lahser or the Detroit area, Mike Morse Law Firm has the expertise and resources necessary to help you get the compensation you deserve.
What Are the Standards for Personal Injury in Michigan?
Personal injury law, sometimes referred to as tort law, protects those who have been injured or harmed by someone else’s action or failure to take action. A personal injury can be a bodily injury or psychological harm. Both cases are equally protected by the law.
In a personal injury case, the injured party seeks compensation from the responsible party via a civil lawsuit. The injured party is typically an individual while the responsible party may be an individual or a larger entity like a corporation.
There are 4 major elements that make up a personal injury lawsuit: duty, breach of duty, causation and damages.
Duty is the idea that a certain individual or group of individuals must act in a way that protects others from harm or avoids causing harm in general. There are many different kinds of specific duties defined by the law. For example, a landowner has a duty to maintain safe premises and warn those on their property of potential dangers.
A breach of duty occurs when a party fails to meet the standard of care expected from them. So, if a landowner does not warn an individual on their property of a potential hazard, there is a breach of duty present.
Next, the injured party must prove that the breach of duty caused harm to them. This is the element of causation. The injured party can only receive compensation for injuries that were caused by the defendant’s breach of duty. Any pre-existing injuries will not be eligible for compensation.
Finally, damages are the losses associated with the injury. The injured party must demonstrate that they have suffered monetary, physical or emotional damages worthy of compensation. Economic damages are quantifiable while non-economic damages are not. Examples of non-economic damages an injured party may suffer as defined by the state of Michigan include pain, suffering, inconvenience, physical impairment or disfigurement and loss of society and companionship.
A situation that meets these 4 basic elements may have grounds to become a personal injury lawsuit.
Common Types of Personal Injury Cases in Berg-Lahser
Personal injury cases can happen in a variety of situations. Here are some of the common types of personal injury lawsuits that arise in the Berg-Lahser neighborhood of Detroit.
Auto Accidents
Auto accidents are a major cause of personal injury lawsuits in Michigan. They often result in very serious damages, such as sprains, fractures, traumatic brain injuries, spinal cord injuries, burns, limb loss, scarring, whiplash, etc. There is also the possibility of emotional and mental damages like Post Traumatic Stress Disorder (PTSD), memory loss and uncontrollable anxiety.
It’s important to note that Michigan is a no-fault state, meaning that each party involved in the accident must seek compensation from their own insurance company for injuries and damages. However, an injured party may be able to bring a lawsuit against an at-fault driver if their medical costs exceed the coverage available through the no-fault insurance policy.
Medical Malpractice
Medical malpractice occurs when a healthcare provider causes injury to a patient through an act of negligence. Common examples of medical malpractice include misdiagnosis, childbirth injuries, surgical mistakes, prescription errors, etc.
In Michigan, there is a range of compensation for non-economic damages caused by medical malpractice. As of January 2024, the lower limit is $569,000 while the upper limit is $1,016,000. An injured party will only be eligible to receive the upper limit in damages if they suffered one of the following injuries: paralysis of one or more limbs, a permanently damaging brain injury or a permanently damaging spinal cord injury.
Product Liability
If a defective or otherwise dangerous product causes harm to a consumer, the situation may be grounds for a product liability case. You’ve probably heard of the “McDonald’s Hot Coffee Case” in which an elderly woman sued the fast food giant after spilling hot coffee on herself. This case is arguably one of the most famous examples of a product liability lawsuit.
Other common types of product liability cases include misrepresentation of a product, manufacturing defects, marketing defects, design defects, breach of warranty, failure to warn, etc.
Injured parties pursuing a product liability case in Michigan can receive compensation from a seller or manufacturer for medical expenses, lost wages, and pain and suffering.
Slip and Fall Accidents
Slip and fall accidents can also be the foundation for a personal injury lawsuit. When a person slips, trips or falls as a result of unsafe conditions on someone else’s property, they may be able to make a case and receive compensation. Examples of unsafe conditions that could cause injury include poor lighting, wet floors, cluttered walkways, loose carpeting, uneven sidewalks or stairs, stray electrical cords, etc.
In Michigan, those who have been injured in a slip and fall accident can receive compensation for medical expenses, lost wages and pain and suffering. However, they must be able to prove that their injuries occurred as a result of negligence from the property owner.
What to Do If You Have a Personal Injury Case in Berg-Lahser
Personal injury lawsuits are complex, so it’s important to make sure you follow the right procedures if you think you may have a case. The two main concepts to keep in mind as you take steps toward receiving compensation are causation and documentation.
Before you can file a suit, you need to make sure you have grounds to do so. Investigate the cause of your injury thoroughly to determine whether or not it may have been a result of negligence. It can be hard to gather evidence on your own, but you can work with your attorney to track down important proof such as police reports, witness statements and video evidence.
You should also keep a thorough and accurate record of all your injuries. Your doctor can help you put together the necessary documentation through medical records to show exactly how and when the injuries occurred.
How Mike Morse Law Firm Can Help You
If you or a loved one have suffered physical, mental, or emotional injuries due to the negligence of another, you may be eligible to receive compensation. At Mike Morse Law Firm, we have assembled a skilled team of legal professionals, tireless researchers and more than 40 of the top accident attorneys in Michigan. We’re ready to help you get the compensation you deserve.
From Southfield City Centre to Berg-Lahser, we have been serving residents in the Detroit area for more than 2 decades. Contact our law firm to learn how you can start your free case evaluation today.