Personal Injury Lawyers Near Franklin, MI
If you have recently been injured in an accident that wasn’t your fault, you probably have a lot of questions. Are you eligible to receive compensation? How do you go about filing a claim? How long does it take to receive compensation once you file? Will you have to go to trial? Do you need an attorney?
At Mike Morse Law Firm, we work with you to provide answers to all your questions about personal injury claims and help you get the compensation you deserve. If you are a resident of Franklin or the Detroit area, read on to find out how personal injury claims work in Michigan and, more importantly, how a lawyer from our team can guide you through the process from start to finish.
What Counts as a Personal Injury Case in Franklin?
In Michigan, personal injury cases involve any type of bodily injury or psychological harm caused by the negligence of another party. In most cases, the injured party will display signs of both physical and emotional harm.
A personal injury lawsuit seeks to gain compensation for the injured party from the negligent party. The injured party may sue for economic and non-economic damages.
Economic damages can be quantified and tend to include medical costs, funeral costs, loss of income, property repairs, rehabilitation expenses, etc. Non-economic damages cannot be as easily quantified. They may include emotional distress, pain and suffering, disfigurement, loss of companion, decrease in quality of life, etc.
Here is a list of some of the most common personal injury case scenarios in Michigan:
- Auto accident.
- Medical malpractice.
- Nursing home abuse.
- Dog bite.
- Slip and fall.
- Wrongful death.
- Product liability.
- Workplace injury.
- Pedestrian or bicycle accidents.
How Long Do You Have to File a Personal Injury Claim in Michigan?
The statute of limitations dictates how long you can wait to file a lawsuit before the claim will become invalid. In Michigan, most personal injury claims will expire 3 years after the incident took place. However, different types of personal injury cases can sometimes have different statutes of limitations.
Here is a brief breakdown of the limitations for some of the most common types of personal injury cases:
- Auto accident: 3 years.
- Medical malpractice: 2 years.
- Nursing home abuse: 2 years.
- Dog bite: 3 years.
- Slip and fall: 3 years.
- Wrongful death: 3 years.
- Product liability: 3 years.
- Workplace injury: 3 years.
- Pedestrian or bicycle accidents: 3 years.
Occasionally, there are extenuating circumstances that can lengthen the statute of limitations. In the case of minors, for example, the deadline may extend up to the day they turn 19.
In most circumstances, it’s best to contact a personal injury lawyer as soon as possible after the incident to avoid the possibility of missing the deadline.
Do All Personal Injury Cases Go to Court?
Most personal injury cases never end up going to trial. In fact, the U.S. Department of Justice estimates that only 4% to 5% of all personal injury cases make it all the way to court. A vast majority of cases reach a settlement before an actual trial can begin.
It’s up to the attorneys on both sides of the case to negotiate the settlement. Some cases may settle within a few months, while others could take several years. The timeline often depends on the severity of the injuries and the amount of compensation the plaintiff seeks. Plaintiffs may feel pressured to settle quickly, but, generally, those who allow their lawyers to take their time with negotiations can earn a higher settlement.
If an agreement cannot be reached between the parties involved, then the case will proceed in court.
Is There a Cap on Personal Injury Damages in Michigan?
For most personal injury cases in Michigan, there is no legal limit to the amount of compensation the injured party can receive. You can ask for however much you want, but the amount of available insurance coverage for the settlement can affect the actual amount you receive.
Some personal injury cases, like medical malpractice, do have an upper and lower limit in Michigan. The lower limit for compensation due to medical malpractice is $569,000, while the upper limit is $1,016,000. The upper limit only applies to injured parties who have suffered one or more of the following injuries: paralysis of one or more limbs, a permanently damaging brain injury or a permanently damaging spinal cord injury.
What Is the Average Settlement Amount for Personal Injury Cases in Michigan?
It’s difficult to assign an average settlement amount to personal injury cases because the cases themselves are so unique. The amount of compensation depends on a variety of factors, including the type and severity of the injuries, the amount of lost income, the length of recovery, the amount of pain and emotional distress, etc.
It’s relatively easy to quantify the amount of economic damages, but factoring in non-economic damages like pain and suffering requires much more nuance. That degree of nuance in each case inevitably leads to differences in settlement amounts from state to state and even between counties within the same state.
How Long Do Personal Injury Cases Take to Resolve?
Personal injury cases generally reach a resolution within one year after the initial filing of the claim. Deciding to settle out of court usually speeds up the process because you don’t have to wait for a trial date to become available. You can reach a settlement within a few weeks or months of filing, while going to trial can take up to several years.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer helps you investigate your claim and provides advice, counsel and representation throughout the duration of the case. You may not need a dedicated personal injury lawyer for small claims and minor injuries. Typically, you can settle those types of cases on your own outside of court with an insurance company.
However, claims that involve major injuries may call for the expertise of an experienced lawyer. After investigating and assessing your claim, your lawyer can estimate the amount of compensation you could receive and help you develop a strategy to make sure you receive all the compensation you deserve.
It’s common for non-lawyers to make mistakes when filing a personal injury claim on their own. They may miss a deadline, accidentally sign away their rights, or settle for a compensation amount far below what they deserve. Having a personal injury lawyer on your side allows you to avoid these mistakes and work through your settlement or trial with confidence.
Trust Mike Morse Law Firm to Help You
From Franklin to Berkeley, Mike Morse Law Firm has been assisting clients in the Detroit area for more than 2 decades. Our dedicated team consists of legal professionals, tireless researchers and more than 40 of the top accident attorneys in Michigan. We work tirelessly to make sure you and your loved ones receive the respect and compensation you deserve.
If you’ve recently been injured as a result of someone else’s negligence, reach out to Mike Morse Law Firm today to start your free case evaluation.