Other people’s negligence can lead to serious accidents. Personal injury accidents, such as car crashes or medical malpractice, can turn your life upside down. At the Law Offices of Christopher Trainor & Associates, we offer a free consultation for anyone harmed in an accident that occurred due to another person’s fault. Call us today.
Filing a personal injury claim is an exhaustive and complex legal process, but it may be necessary if you are facing serious financial strain due to medical bills, lost wages, and other stress after being injured in an accident.
The good news is, you don’t have to do it alone. At Christopher Trainor & Associates, we aim to help those who have sustained a personal injury get the care and financial compensation they need to move forward. Our Lansing personal injury lawyers will guide you through each phase and ensure your rights are protected. We will conduct a thorough investigation of your accident and build a case based on strong evidence to help you win your case.
Defining the Concept of Personal Injury
A personal injury is any physical or psychological harm inflicted on a person due to someone else's negligence, intentional actions, or strict liability. This can include injuries sustained in motor vehicle accidents, slips and falls, medical malpractice incidents, workplace accidents, dog bites, and assaults, amongst others. Personal injury law allows those who have been injured through the actions or inaction of another person to seek compensation for their injuries. If they succeed in their claim, they are awarded damages, which is financial compensation for medical expenses, lost wages, pain and suffering, and other losses.
Personal Injury Cases Our Law Firm Handles
Personal injury cases can vary widely based on the circumstances surrounding the injury and the type of accident or incident involved. Personal injury cases we handle at Christopher Trainor & Associates include:
Motor Vehicle Accidents: These cases involve injuries resulting from collisions between vehicles, including cars, trucks, motorcycles, bicycles, and pedestrians.
Slip and Fall Accidents: Slip and fall accidents, also known as premises liability accidents, occur when someone slips, trips, or falls on someone else's property due to hazardous conditions like wet floors, uneven surfaces, or inadequate lighting.
Medical Malpractice: These involve injuries caused by the negligence or wrongdoing of healthcare professionals, such as doctors, nurses, or hospitals, during medical treatment or surgery.
Product Liability: Product liability cases involve injuries caused by defective or dangerous products, including malfunctioning machinery, toxic substances, or poorly designed consumer goods.
Dog Bites: These cases involve injuries caused by dog attacks or bites, where the owner may be held liable for failing to control their pet or warn others of its aggressive behavior.
Workplace Accidents: On-the-job accidents involve injuries sustained while on the job, including construction accidents, industrial accidents, and exposure to hazardous substances.
Assault and Battery: These cases involve injuries caused by intentional acts of violence or physical harm inflicted by another person, which may lead to both criminal charges and civil lawsuits.
Wrongful Death: These involve the death of a person due to the negligence or misconduct of another party, leading to legal action on behalf of the deceased person's estate and surviving family members.
Personal injury cases can encompass a wide range of situations where someone suffers harm due to the actions or negligence of another party. Even if your situation has not been mentioned specifically here, it doesn’t mean it’s not a valid personal injury case. The only way to know if you have a valid case is to speak to a Lansing personal injury lawyer at a free consultation.
Michigan’s Comparative Negligence Laws and their Impact on Your Personal Injury Claim
Michigan follows a comparative negligence system in personal injury cases, which means that if you are partially at fault for the accident that caused your injuries, your compensation may be reduced proportionally to your degree of fault. The state’s comparative negligence laws could affect your personal injury claim due to:
Modified Comparative Fault: Michigan follows a modified comparative fault rule, which means that you can still recover damages as long as you are less than 50% at fault for the accident. However, if you're found to be 50% or more at fault, you may be barred from recovering any damages.
Reduction of Damages: If you're found to be partially at fault for the accident, your compensation will be reduced by the percentage of fault attributed to you. For example, if you're found to be 20% at fault and your total damages are $100,000, your compensation would be reduced to $80,000.
Determining Fault: Fault is typically determined based on the evidence presented, including witness statements, police accident reports, expert testimony, and other relevant factors. Insurance adjusters or a court will assess the degree of fault for each party involved in the accident.
Impact on Settlement Negotiations: Comparative negligence can affect settlement negotiations with insurance companies. They may use your level of fault to justify offering a lower settlement amount. Having a determined and tenacious lawyer by your side can help ensure that your level of fault is accurately assessed and that you receive fair compensation.
Legal Representation: It's essential to consult with a personal injury attorney familiar with Michigan's laws if you're pursuing a compensation claim. An experienced attorney can assess your case, help determine liability, negotiate with insurance companies on your behalf, and advocate for your rights to ensure you receive fair compensation, considering the comparative negligence laws.
Understanding Michigan's comparative negligence laws and how they may impact your personal injury claim is crucial for maximizing your compensation and protecting your rights when negotiating with the other party, the insurance provider, or if your case is decided in court.
Michigan Statute of Limitations
In Michigan, the statute of limitations for filing a personal injury lawsuit varies depending on the type of case. Generally speaking, the statutes of limitations are:
Personal Injury: This includes car accidents, slip and fall, medical malpractice, pedestrian accidents, etc. A narrow margin of exceptions notwithstanding, you have three years from the date of the accident or injury to file a lawsuit.
Medical Malpractice: In cases of medical malpractice, you typically have two years from the date of the alleged malpractice or from when you discovered or should have discovered the injury, but not more than six years from the date of the malpractice itself.
Wrongful Death: In cases of wrongful death resulting from negligence, the statute of limitations is generally three years from the date of death.
It's important to note that there may be exceptions or variations to these time limits depending on the specific circumstances of your case. Additionally, certain claims against government entities may have shorter notice requirements.
Failing to file a lawsuit within the applicable statute of limitations can result in your case being time-barred, meaning you lose the right to pursue compensation through the legal system. Therefore, it's crucial to consult with a knowledgeable Lansing personal injury attorney as soon as possible after an accident to ensure that you comply with the applicable deadlines.
Statutes of limitations in personal injury claims serve several important purposes, primarily aimed at ensuring fairness and efficiency in the legal process. These laws set a specific time frame within which a claim must be filed, typically starting from the date of the injury or discovery of the harm.
The primary reason for these statutes is to ensure that evidence remains fresh and reliable, as over time, memories fade, witnesses become harder to locate, and physical evidence can deteriorate or be lost.
This time limit also encourages prompt action and resolution of disputes, which helps prevent the legal system from becoming overburdened with old cases.
Additionally, statutes of limitations provide a degree of legal certainty and finality for potential defendants, ensuring they are not indefinitely exposed to the threat of litigation. By balancing the interests of both plaintiffs and defendants, these statutes help maintain a fair and orderly legal system.
Commonly Sustained Injuries by Lansing Personal Injury Victims
Even though each personal injury accident is different, there are some common injuries to all accidents. Some frequent injuries following a personal injury accident may be:
Broken Bones: Whether it’s a car accident or a slip & fall incident, fractures and broken bones are common occurrences in personal injury accidents.
Back Injuries: Many times, personal injury accidents lead to back injuries, including sprains, strains, herniated discs, and spinal cord injuries, which can result in chronic pain, mobility issues, and other complications.
Psychological Injuries: accidents can also cause psychological injuries, such as post-traumatic stress disorder, anxiety, depression, and other mental health issues, especially for those who experience severe or traumatic accidents.
Fatal Injuries: Tragically, some accidents, such as motor vehicle crashes or medical malpractice, can also result in fatalities, causing profound loss and grief for the families and loved ones of those who are killed.
Regardless of how insignificant your injury may look to you, you should consult a healthcare professional immediately after your accident. In addition to this, your personal injury lawyer will closely examine all your medical records to accurately prove your accident-related injuries when filing your personal injury claim.
Types of Damages Available in a Lansing Personal Injury Case
In Michigan, various forms of damages may be available in a personal injury case to compensate the injured party for their losses. These damages typically fall into two main categories: economic and non-economic damages.
Economic Damages
Medical Expenses: Compensation for past and future medical bills related to the treatment of injuries caused by the accident, including hospitalization, surgery, medication, rehabilitation, and therapy.
Lost Wages: Compensation for income lost due to the inability to work as a result of the injury, including past and future earnings.
Loss of Earning Capacity: Compensation for the reduction in the injured party's ability to earn income in the future due to their injuries.
Property Damage: Compensation for the repair or replacement of property damaged in the accident, such as a vehicle in a car accident.
Non-Economic Damages
Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress caused by the injuries sustained in the accident.
Emotional Distress: Compensation for psychological harm, such as anxiety, depression, or post-traumatic stress disorder, resulting from the accident.
Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities and enjoy life as the injured party did before the accident.
Loss of Consortium: Compensation for the negative impact the injury has on the injured party's relationship with their spouse, including loss of companionship, affection, and intimacy.
Punitive Damages
In rare cases involving egregious conduct or intentional wrongdoing by the at-fault party, punitive damages may be awarded to punish the defendant and deter similar conduct in the future. However, punitive damages are typically not available in most personal injury cases in Michigan and are subject to specific legal standards.
It's essential to consult with a Lansing personal injury lawyer to understand the types of damages available in your specific case and to ensure that you pursue maximum compensation for your losses. At the Law Offices of Christopher Trainor & Associates, we can evaluate your case, calculate the full extent of your damages and try to obtain a fair compensation that includes those damages.
Steps You Should Take After a Lansing Personal Injury Accident
If you've been involved in a personal injury accident in Lansing, Michigan, it's crucial to take certain steps to protect your health, well-being, and legal rights. After being involved in a personal injury accident in Lansing, you should:
Seek Prompt Medical Attention: Your health and safety should be your top priority. Seek medical attention immediately, even if your injuries seem minor. Prompt medical treatment not only ensures your well-being but also creates documentation of your injuries, which can be crucial for your personal injury claim.
Report the Accident: If the accident occurred on someone else's property, such as a store, restaurant, or business, report the incident to the property owner or manager. If it's a motor vehicle accident, contact the police to report the incident and obtain a police report.
Gather Evidence and Witness Information: If you can do so safely, gather evidence at the scene. Take photos or videos of the accident scene, including any objects or vehicles involved, property damage, injuries, skid marks, road conditions, and other relevant details. Also, collect contact information from witnesses, for their testimony may be vital to your claim.
Document Your Injuries: Keep detailed records of your injuries, symptoms, and medical treatment. This includes medical records, doctor's notes, prescriptions, and receipts for medical expenses.
Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate and truthful information about the accident, but avoid making any statements that could be interpreted as admitting fault, such as “It was my fault” or “I’m sorry for the accident”.
Consult with a Personal Injury Attorney: It's advisable to consult with a personal injury attorney experienced in handling these cases in Lansing. An attorney can evaluate your case, explain your rights, and advise you on the best course of action. They can also handle communications with insurance companies and pursue maximum compensation on your behalf.
Preserve Evidence: Preserve any physical evidence related to the accident, such as damaged property, clothing, or equipment. Do not repair or dispose of anything until you've consulted with your attorney.
Follow Your Doctor's Orders: Attend all follow-up appointments, adhere to your doctor's treatment plan, and follow their advice for recovery. Failing to follow medical recommendations could jeopardize your health and your personal injury claim.
By taking these steps after a personal injury accident in Lansing, Michigan, you can protect your health, preserve evidence, and strengthen your potential personal injury claim. Working with a knowledgeable Lansing personal injury lawyer will help ensure that your rights are protected and will increase your chances of receiving the compensation you deserve for your injuries and losses.
Factors That Can Affect Your Compensation
Several factors can affect the amount of financial compensation you may receive in a personal injury case. These factors can vary depending on the circumstances of your case, the severity of your injuries, and other relevant conditions. Some factors that commonly impact a victim’s total compensation include:
Severity of Injuries: The extent and severity of your injuries play a significant role in determining compensation. More severe injuries that result in long-term disability, chronic pain, or permanent impairment typically warrant higher compensation.
Medical Expenses: The total cost of medical treatment, including hospital bills, surgery, medication, rehabilitation, therapy, and ongoing medical care, will be factored into your compensation. Future anticipated medical expenses may also be considered.
Lost Wages: Compensation may be awarded for income lost due to missed work during your recovery period. This includes both past lost wages and estimated future lost earnings if your injuries prevent you from returning to work or result in a reduction in earning capacity.
Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and mental anguish, are often difficult to quantify but can significantly impact your compensation. The severity and duration of your pain and suffering will be considered.
Impact on Daily Life: Compensation may be awarded for the negative impact the injuries have on your daily life, including limitations on activities, hobbies, and quality of life.
Comparative Negligence: If you're found to be partially at fault for the accident, your compensation may be reduced proportionally to your degree of fault under Michigan's comparative negligence laws.
Insurance Coverage: The insurance policies of the at-fault party and any applicable insurance limits can impact the amount of compensation available. If the at-fault party is uninsured or underinsured, it may affect your ability to recover full compensation.
Evidence and Documentation: The strength of the evidence supporting your claim, such as witness statements, medical records, photos of the accident scene, and expert testimony, can influence the outcome of your case and the amount of compensation you receive.
Legal Representation: Having an experienced personal injury attorney on your side can significantly impact your compensation. A skilled attorney can advocate for your rights, negotiate with insurance companies, and pursue maximum compensation on your behalf.
These are just a few factors that can affect your compensation in a personal injury case. It is essential to consult with a trained attorney who can assess the specific circumstances of your case and help you understand your rights and options for seeking compensation.
How to Prove Negligence in a Personal Injury Case
To establish negligence in a personal injury case, the plaintiff must prove the following elements:
Duty of Care:
The defendant owed a legal duty to the plaintiff.
This duty arises from the relationship between the parties or a specific law.
For example, drivers have a duty to obey traffic laws and drive safely to prevent harm to others.
Breach of Duty:
The defendant breached this duty through their actions or inactions.
This breach can be an act of commission (doing something harmful) or omission (failing to do something necessary).
Evidence such as eyewitness testimony, surveillance footage, or expert analysis can demonstrate this breach.
Causation:
There must be a direct link between the defendant's breach of duty and the plaintiff's injury.
The plaintiff must show that the injury would not have occurred "but for" the defendant's actions.
This is often established through medical records, expert testimony, and factual evidence.
Damages:
The plaintiff must have suffered actual harm or injury as a result of the breach.
This can include physical injuries, emotional distress, financial loss, or other damages.
Documentation such as medical bills, repair receipts, and records of lost wages can support this claim.
By proving these elements, a plaintiff can establish negligence and seek compensation for their injuries in a personal injury case.
Will I Have to Go to Court for My Lansing Personal Injury Case?
Whether or not you will have to go to court for your personal injury case depends on various factors, including the circumstances of your case, the willingness of the parties to settle, and your lawyer’s advice. Common scenarios for case resolutions include:
Insurance Settlement: In many cases, personal injury claims are resolved through settlements with the insurance company. Your attorney will negotiate with the insurance company on your behalf to reach a fair settlement that compensates you for your injuries and damages. If a settlement can be reached that you find acceptable, you may not need to go to court.
Settlement Negotiations: Many personal injury cases are resolved through settlement negotiations between the parties involved, typically facilitated by attorneys. Settlement negotiations can continue throughout the legal process, and many cases are resolved without ever going to trial.
Litigation: If settlement negotiations are unsuccessful or if the insurance company denies liability or offers an insufficient settlement amount, your attorney may recommend filing a lawsuit and pursuing your case through litigation. This involves initiating legal proceedings in court, presenting evidence, and making arguments before a judge or jury.
Alternative Dispute Resolution: Before going to trial, parties may explore alternative dispute resolution methods such as mediation or arbitration. These processes aim to resolve disputes outside of court with the assistance of a neutral third party. If successful, they can result in a settlement agreement without having to go to trial.
Your lawyer will evaluate the strengths and weaknesses of your case, advise you on the course of action that aligns with your best interests, and advocate for your rights throughout the legal process, whether that involves settlement negotiations, litigation, or alternative dispute resolution.
Cost to Hire A Lansing Personal Injury Lawyer
It costs nothing upfront to hire our committed personal injury lawyers. We operate on a contingency fee arrangement, which means that we never charge you any fees to begin work on your case and we only collect payment if and when you receive a settlement or favorable verdict. If, for any reason, your case is not successful, you will not owe us any money.
A contingency fee arrangement allows individuals who cannot afford to pay for legal representation upfront to still access legal services. In this arrangement, the lawyer agrees to represent the client without any initial payment and instead receives a percentage of the settlement or judgment awarded if the case is won. This financial model reduces the barrier to obtaining legal help, especially in personal injury and wrongful death cases, by ensuring that clients only pay for their lawyer's services if they receive compensation. It also aligns the interests of the client and attorney, as the lawyer is motivated to secure the best possible outcome. Contingency fee arrangements thus make justice more accessible to those who might otherwise be unable to afford it.
Can I Represent Myself in My Lansing Personal Injury Case?
Yes, you have the right to represent yourself in your Lansing personal injury case. However, doing so is ill-advised unless your case is very straightforward and involves minimal damages. Personal injury cases can be complex, involving legal intricacies, negotiation with insurance companies, and potentially contentious litigation. Here are some ways in which our Lansing personal injury lawyers can help your case:
Legal Knowledge: Personal injury law can be complex, and navigating the legal process without legal expertise can be challenging. The experienced personal injury lawyers at Christopher Trainor & Associates will have knowledge of relevant laws, court procedures, and strategies for building a strong case.
Determining Liability: In many personal injury cases, determining liability can be hard. We will compile all available evidence, carefully assess the facts of your case and determine who was at fault for the accident. If there is more than one party that contributed to the cause of the accident, we can help you name all of them in your lawsuit.
Calculating Damages: We can help you precisely calculate the full extent of your damages, including medical expenses, lost wages, property damage, pain and suffering, and future medical costs or loss of earning capacity. Our lawyers can ensure that you pursue maximum compensation for all of your losses, leaving no stone unturned when it comes to making sure all your potential costs and losses are addressed.
Negotiation Skills: Insurance companies often employ skilled adjusters and attorneys to minimize payouts to claimants. Our personal injury lawyers can negotiate with the insurance company on your behalf to seek fair compensation for your injuries and losses.
Litigation Experience: If your case goes to court, you'll need to present evidence, make legal arguments, and adhere to court rules and procedures. Our reputable legal team with litigation experience can effectively represent your interests in court and advocate for the best possible outcome.
Resources and Expertise: Our lawyers have access to resources such as expert witnesses, both economists and and medical professionals, who can strengthen your case. We also have experience handling similar cases to yours, so we know how to anticipate challenges and opportunities that may otherwise be overlooked.
While you have the right to represent yourself in a personal injury case, doing so can be risky and may result in a lower settlement or unfavorable outcome. If you are unsure about whether to hire an attorney, consider scheduling a consultation with our skilled personal injury lawyers in Lansing to discuss your case and explore your options. At the Law Offices of Christopher Trainor & Associates, we offer free initial consultations, during which we can offer valuable insights and advice tailored to your specific situation.
Call a Skilled Lansing Personal Injury Lawer Today
If you are struggling to navigate the complexities of a personal injury claim in Lansing, Michigan, you should know you are not alone. Our team of experienced Lansing personal injury lawyers is here to help you seek the compensation you deserve.
With a thorough understanding of the state’s laws and a proven track record of success, we will fight tirelessly to protect your rights and maximize your recovery. Contact us by calling (248) 886-8650 or filling out the contact form on our website to schedule a free consultation.
Remember, we take all cases on a contingency fee basis, so you have nothing to lose by taking that first step today.
