Articles Posted in Detroit

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The moments after an accident are frenzied. A person’s adrenaline is pumping, they are trying to process what just happened, and they likely aren’t thinking very clearly. Because of this, a person might feel totally fine in the moments after an accident and think they are OK. It is only a few hours (or days) later, after the adrenaline has died down, that they begin to notice a pain in their back or neck. This is why it is so vitally important to see a doctor as soon as possible after an accident. This way, a Detroit injury lawyer can connect your injuries to the accident in question.

In order to be successful in your injury claim, you will need to prove that the injuries you suffered were actually caused by this particular accident. While this might sound obvious, there are times when causation might not be so clear-cut. For example, if a person waits several months after an accident, it is possible that the insurance company will try to claim that the injuries were caused by some subsequent event and the injured person is just trying to cash in on the accident. If they can convince enough jurors that this is the case, they will be successful in court.

Even if you don’t feel pain immediately after an accident, it is best to see a doctor. Again, because a person’s adrenaline is pumping, they may not be aware of the signals their body is sending them. Even if you think you aren’t injured, it is best to see a doctor as quickly as possible and seek some follow up treatments. This way, you can be sure that you are getting the medical help you need to get healthy and any injury case you may choose the evidence you need to prove causation.

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When a person is struck by a motorist without insurance, it can cause serious problems for the injured party. The injured person can sue the at-fault driver and, if a judgment is rendered against them their license is suspended until they pay. Unfortunately, people who flout the law by driving without insurance might have no issue driving with a suspended license, leaving the injured party the bear the full cost of their injuries.

In order to prevent this from happening, Michigan drivers should consider adding Uninsured Motorist Coverage (UM) to their auto insurance. This is generally an inexpensive addition to a policy but provides significant assistance to the injured person. With UM coverage, the insured party will have coverage up to their own limits when they are injured by an uninsured driver. They can then submit a first party claim to their insurance company to cover their damages.

Another addition that people may also want to consider is Underinsured Motorist Coverage (UIM). With this coverage, if they at-fault party’s insurance coverage is insufficient to cover damages, the injured person can submit a first party claim under their UIM coverage. Again, this is generally low cost coverage that can be extremely valuable after an accident. If you do not currently carry these two types of coverage, it may be a good idea to speak to insurance agent about adding them.

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When someone is injured in an accident, they understandably want some assurances that they will definitely get the money they need. Unfortunately, no personal injury attorney can ever guarantee success in a case. This is frustrating for an injured person, but it is the only honest, ethical answer a lawyer can give. What the law firm can do, however, is make sure that they do everything possible to achieve a positive outcome for a particular client.

This means that an attorney will conduct a proper investigation of a particular accident and a thorough analysis of a person’s injuries. When investigating an accident, the attorney might have a private investigator get witness statements, take pictures of where the injury occurred, and reconstruct a particular accident to prove the injury was their fault. This is essential in getting the money you need – in order to recover compensation, you will have to prove that the other party was at least 51% responsible for your injuries.

Evaluating injuries is also vitally important because it is the only way to ensure that a person gets full compensation for their injuries. Since a personal injury settlement or verdict will need to cover a person for the rest of their life, it is important to ensure that future medical is accounted for. For example, if back surgery will be needed to repair a herniated disc, then they money for that surgery needs to be included in this settlement.

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When a person is injured on their motorcycle, contacting a lawyer is often the last thing on their mind. They are more focused on getting better after their catastrophic injuries. This is understandable, but time is of the essence after an accident. Not only are there statute of limitations issues, but evidence needs to be collected as soon as possible after the accident. A Detroit Motorcycle Accident Attorney can get to work right away after an accident, focusing on your case as you focus on recovering from your injuries.

Gathering evidence is vital to proving your claims. By contacting a lawyer right away, you can be sure that witnesses are contacted immediately and that their statement is taken while the memory of the accident is still fresh. Since people routinely move around or change phone numbers and become impossible to locate, this contact information can be lost if someone waits too long to contact a Detroit Motorcycle Accident Attorney.

Likewise, some people forget the names of health care providers if they wait too long. Since people see many specialists and doctors after a serious injury, it is possible to miss a doctor who has important medical records that can prove an injury. A lawyer can make sure that these records are collected immediately and gathered as a person treats.

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A common question we get asked from clients is, “How long will my case take?” This is an understandable question that unfortunately doesn’t have an easy answer. In general, an injury claim takes between 4 months and two years. Some cases can take even longer, depending on the specific circumstances of the case, but many cases will fall within that time period.  This broad time frame is frustrating for clients, but sadly it is the best estimate there is.

The insurance company generally doesn’t want to settle a case quickly. It knows that if it can delay a person’s claim, it is possible that they will become desperate and take a settlement that is far less than what they are owed. This is understandably frustrating for an injured person, but a Detroit personal injury attorney can help a person focus on getting what is fair even if takes a little bit longer.

The longest cases are the ones that actually go trial. Trials are unavoidably lengthy ordeals that include motions, depositions, and more before it ever makes it in front of a jury. Fortunately, the majority of cases settle before going to trial, with most settled before a lawsuit is even filed. Whether your claim is one that will need to be litigated can’t be predicted, unfortunately, and won’t be known until the claim begins moving forward.

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During their initial free consultation, many clients want to know how much money they can expect for their injuries. They hope that a personal injury lawyer can give them an estimate of what to expect from a settlement or a verdict. While this is an understandable question, there is unfortunately no way to provide an estimate for what a case may be worth. Ultimately, the settlement or verdict you potentially receive will be based on the specific facts of your case and your specific injuries.

It is important for clients to understand exactly what a personal injury case is – it is an attempt to make someone as whole as possible after the have suffered injuries due to another person’s negligence. In other words, the goal is to return you to the state you were in before the injuries. Obviously, turning back the clock is impossible and with certain life-changing injuries, such a wrongful death, money is wholly inadequate for replacing what you have lost. But this is the only way we have to help those who have suffered an injury.

This means that it is important for a client to understand the injuries they have suffered and what they can expect to recover for them. Economic damages are relatively easy to value. These include medical bills, lost wages, future medical, etc. Since they are quantifiable, it is relatively straightforward to add them up when seeking recompense. Non-economic damages, while no less important, are somewhat more difficult to value. These include things such as pain and suffering, loss of enjoyment of life, loss of consortium, etc. An experienced injury attorney can help you identify these damages and give you some ideas on how to value them. While it may be difficult to put an exact number of these injuries, it is possible to evaluate claims based on the totality of your injuries.

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When someone is injured by a product, one aspect the jury will look at it just how the person was using it. If the person was using the product completely as intended and was injured, then liability likely won’t be in question. But if someone was using the product in a way that was not intended, the manufacturer may not be liable. As exception to this could be foreseeable misuse. A Detroit product liability lawyer can examine your injuries to determine liability. If it seems the manufacturer is liable, the attorney will aggressively fight to get you every penny you deserve.

Foreseeable misuse means that a consumer was using in a way that was not necessarily intended but could be reasonably anticipated by the manufacturer. Because consumers use products all the time in ways that aren’t necessarily intended, this gives society some measure of protection against defects that should be caught by manufacturers.

An example might be an electrical saw that is intended to be used going with the grain of the wood. A foreseeable misuse might be a consumer cutting against the grain instead. The manufacturer can reasonably foresee that a person might use this saw in such a way; therefore, they should take all measures possible to prevent a malfunction that could injure the consumer. Even though the user was not following the exact specifications of the saw, they might still be eligible to recover damages from this foreseeable misuse.

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The moments after a car accident are hectic and scary. A person is just driving along, minding their own business, when suddenly, BAM! Suddenly, they are looking at themselves and any passengers for visible injuries and assessing their car for damage. It may be difficult, but it is important for people to take certain steps in order to preserve any potential injury claims arising from this accident.

First is to make sure that you are OK and anyone else involved in the accident is OK. Health is of paramount importance, so if you feel too injured to move, stay still and wait for paramedics. If possible, try to move the vehicles to the side of the road to get out of the way of danger, but if you are too injured to move, stay in the car and wait for help to arrive.

If everyone is OK and the cars have been moved safely to the side of the road, begin collecting all information from the other drivers and take as many pictures as possible. Some people may assume that the police report will contain all relevant details, but there are times when police do not fill out a report. Therefore a driver should be diligent in collecting as much information at the scene as possible, including witness statements.

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Insurance companies will fight to do everything possible to delay your case. It’s part of their business model and is an inevitable part of any case. A personal injury attorney can do everything they can do keep the case moving forward, but the client has certain steps they can take to prevent these delays as well. By working together, it is possible to move a case along as quickly as possible by preventing avoidable delays.

One way to prevent delays is to avoid gaps in treatment. This is one of the most common ways to delay a case. It’s not uncommon for a person to wait weeks or even months to see if pain subsides on its own before speaking with an attorney. This is somewhat understandable as most people hope that they aren’t seriously injured and don’t necessarily like to see doctors. However, it does prevent some issues for a personal injury matter.

In order for a claim to be successful, a person will need to prove that their injuries were caused by the incident in question. If there is a long delay between the time a person was injured and when they sought treatment, the insurance will claim the injuries were caused by something else. They will claim the injured person is just seeking a paycheck and isn’t really hurt or that their insured isn’t responsible.

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When a person suffers an injury due to the negligence of another, there are certain elements they will need to prove in order to successfully recover damages. A personal injury attorney will look at your case to make sure it satisfies the following elements. If it is does, they will aggressively fight to get you they money you deserve.

The elements of a negligence tort are:

  • Duty of care
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