Personal injury accidents seem to happen no matter how much you try to be careful. Sometimes, it’s the outside influences beyond your control that causes it. That could be the drunken person behind the wheel of another vehicle or the negligent medical practitioner. Based on some legal grounds, someone is bound to be held accountable for the injury.
Personal Injury Lawsuits: What You Should Know When Making a Claim
Before filing for a personal injury claim, it is essential to understand some legality surrounding this. It ensures that you have a valid and sound cause for your claim. Here are some things that you should know about personal injury claims:
- Only injuries with valid, legal grounds have an actionable claim.
Not all personal injuries are eligible for a claim. For the injury to have an actionable claim, there must be a substantial legal ground to hold the defendant liable. Examples of legal grounds are negligence, intentional tort, and strict liability tort. Whatever the legal ground, the victim must establish the defendant responsible for the injury and therefore owed the victim a duty.
- Most personal injury cases settle outside of court.
Owing to the flooded court system as well as the nature of personal injury cases, out of court settlements are pretty common. The personal injury attorney negotiates with the defendant’s party or the insurance company for a monetary settlement. If the victim accepts the proposed settlement, the case ends there. If not, the case may then go to trial.
- Insurance companies are often involved.
In any personal injury cases, insurance companies are, more often than not, involved. As a business, the insurance company will always try to protect their financial interest. It may attempt to offer a minimal possible settlement. An experienced personal injury attorney can tell when it happens. He can also distinguish the rightful and fair compensation that should be due to every unique case.
- A victim who is partially at fault may still file a claim.
In many states, a victim can still seek a personal injury claim even if the victim is partly at fault for the accident. In Michigan, the accident victim must not be more than 50% at fault to recover anything from the other at-fault party. Take note that this will affect the claim amount the victim may receive.
- Personal injury victims should file a claim within the state’s statute of limitations.
Michigan has a 3-year prescription period for almost all plausible types of personal injury lawsuits. When the victim files a lawsuit beyond the 3-year prescription period, the court may dismiss the lawsuit. However, there are exceptions to this rule.
Common Personal Injury Cases in The United States
There are millions of personal injury cases reported across the country every year. The majority of these cases end up in a settlement, while others turn out in court. Below are the most common personal injury cases in the United States:
- Car Accidents
There is an average of six million car crashes in the United States each year. Of this, three million suffer from personal injuries; around 2 million of these injuries are permanent. Victims of car crashes may be entitled to monetary compensation for their injuries and financial loss. Whether the crash was a rear-end, head-on, or other type of collision, car accident lawyers can help safeguard their rights to the best personal injury compensation.
- Slips and Falls
More than 1 million Americans end up in the emergency room due to slips and falls each year. It usually results in fractures and brain injury, especially in older adults. Only 2% of slip and fall cases go to a jury trial because victims can be quite hesitant about formally testifying in court. With an experienced slip and fall attorney, however, a victim will have better chances of getting compensation for the damage incurred, from personal injury to lost wages and emotional suffering.
- Dog Bites
Every year, 4.7 million people across the United States suffer from dog bites, with 800,000 resulting in medical care. Depending on the state, the owner of the dog may be held accountable. The Michigan Dog Bite Statute (MCL § 287.351) states that the owner is liable for the first bite, provided that no provocation to the dog occurred and that the victim was lawfully within the property. A dog bite lawyer can best provide guidance and legal assistance to dog bite victims suffering from scarring, nerve damage, and more.
- Work Injuries
Employers have a legal responsibility to ensure and maintain a healthy and safe work environment for the employees. When an employee encountered an accident on the job that resulted in permanent injury, he or she may be entitled to a worker’s compensation claim. A worker’s compensation attorney will help make certain that there is a strong case to warrant a rightful claim for the victim.
- Medical Malpractice
According to Johns Hopkins, more than 250,000 Americans die each year because of medical errors. The National Practitioner Data Bank named physicians as the highest practitioners sued for medical malpractice. Medical malpractice is among the most complex cases there is. The expertise of a medical malpractice attorney can significantly help build a strong and compelling case for the victim in most common types of malpractice.
Get the Best Compensation with the Help of Personal Injury Lawyers
Personal injury cases can be very complicated in nature and will require the help of a skilled lawyer. Personal injury victims often sustain extensive damages; a lawyer with extensive experience who will fight for the victim’s best interest can help obtain the best compensation.
Our personal injury lawyers at The Clark Law Office have the knowledge, experience, and professional attitude and mindset to pursue the claim and the maximum possible compensation. For personal injury cases in Okemos, Lansing, and nearby areas in Michigan, get in touch with us and schedule a free appointment now.