A brain injury can have devastating impact to your life and the lives of the people you love. Injuries sustained from head trauma can force people to become incapable of simply living what is considered to be a normal life. Treatment and rehabilitation can be extensive which ends up hurting you financially as well. In fact, most brain injuries require prolonged medical treatment due to the nature of the injury and because such specialized doctors and equipment are being used, the associated costs are escalated compared to other types of health care. In order to recover medical expenses and other damages, you will need to file a suit against the person who was negligent which is the cause of your injury or injuries. Under the law, proof is required that shows someone was negligent resulting in the accident. Matthew R. Clark is a member of the Brain Injury Association of Michigan, and their mission is to “enhance the lives of those affected by brain injury through education, advocacy, research, and local support groups; and to reduce the incidence of brain injury through prevention.” At The Clark Law Office, our goal is make sure you get the compensation you deserve and that party responsible is held accountable for their actions.
Traumatic Brain Injury Exception in Michigan
Brain injuries are most common in car accidents because of the severity of impact. For this reason, the State of Michigan provides a specialized law that is directed towards closed-head-injuries. Under normal circumstances, a person injured can only collect third party benefits or compensation from the negligent party if they can prove suffering of a “serious impairment of body function.” MCL 500.3135 states that “for a closed-head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury.” This law essentially changes the requirements of obtaining third party benefits in a brain injury case from proving a serious impairment to having a specialized doctor testify that you have a brain injury which makes it that much more difficult to prove.
Contact a Michigan Brain Injury For a Free Consultation
At The Clark Law Office, we understand the resources and dedication that is required in winning your case. We will do everything in our power to protect your rights and we are prepared to take your case all the way to trial if we feel that is what will give you the best chance for success. We know how to file your lawsuit properly and we will come up with a personalized legal strategy and legal arguments for you. Give us a call for today at (517) 347-6900 or email us at info@theclarklawoffice, we charge no fees unless we win your case.