Detroit Injury Lawyer Blog

Examining the Statute of Limitations in Michigan Personal Injury Cases

Published on: March 24, 2017 | By Davis Law Center

At Davis Law Center, our seasoned Michigan injury attorneys are committed to helping individuals who have suffered injuries due to accidents caused by someone else’s negligence. If you or someone close to you has been injured in an accident that was not your fault, you may be able to recover compensation through a personal injury claim. Personal injury refers to an area of law in which an injury to the body, mind, or emotions is caused by another person’s negligence. Some examples of personal injury cases include, but are not limited to, car accidents, truck accidents, pedestrian accidents, slip and falls, premises liability, products liability, construction accidents, and medical malpractice.

Accident victims have a limited time frame to file their personal injury claims in Michigan, known as the statute of limitations. Put another way, the statute of limitations sets a time limit after an injury or property damage occurs in which a civil claim must be filed. Failure to file within this time frame could mean losing your right to be heard by a Michigan court altogether. The statutes are designed to encourage people to file their lawsuits in a reasonably timely manner so that evidence is not lost and memories do not become stale.

Rear-End Collisions in Michigan

Published on: March 1, 2017 | By Davis Law Center

Rear-end collisions are some of the most common types of car accidents that take place in Michigan and throughout the United States. If you or a loved one has been in a rear-end collision, you may be entitled to compensation for your harm. At Davis Law Center, our seasoned rear-end accident attorneys can discuss your case with you and provide you with an honest assessment of your claim.

A rear-end accident occurs when one vehicle strikes the back of another vehicle. According to the National Highway Traffic Safety Administration (NHTSA), there are about 1.7 million rear-end collisions on U.S. roadways each year. The NHTSA found that 87 percent of rear-end collisions took place because a driver simply was not paying attention to the road. Cell phones and other non-driving-related gadgets in cars contributed to that distraction. Other common causes of rear-end accidents include speeding, tailgating, unsafe lane changes, failing to obey traffic laws, poor weather conditions, and driving under the influence of alcohol or drugs.

Insurance Companies Are Watching You

Published on: November 23, 2016 | By Davis Law Center

Michigan injury victims beware and be smart. Insurance companies act like your best friend in their funny little ads on TV but treat you like a criminal as soon as you make a claim and investigate your background more thoroughly than if you had actually committed a crime.

After an accident occurs or a claim is made, you can bet the insurance company will begin an aggressive investigation that includes researching vast databases where they have access to your criminal history, claim history, employment history, vehicle ownership history as well as the names of acquaintances, friends and fellow employees. More importantly, the insurance companies will hire a private investigator to follow you and take videos and pictures of all your activities. They will also exhaustively investigate your social media accounts and download all your public posts and pictures. They will then attempt to use this information to later persuade a judge to dismiss your case if anything you say or do seems to contradict the videos they have of you or the things you post on social media. Make no mistake, no matter how seriously you are injured, most insurance companies would rather pay a private investigator and their lawyers bundles of money than compensate you in any degree for the injuries you sustained.

In many recent Michigan injury cases, surveillance and a thorough review of your social media accounts occurs almost immediately after you make a claim. We recently had a case where a client was run over by a car and by the time our client was released from the hospital, the insurance company had already interviewed all the client’s neighbors, the investigating police officer and our client’s employer in an attempt to somehow discredit the fact that their insured was negligent and ran him over. The insurance company then conducted surveillance on him 24 hours per day which continues to this day

Can I Re-Negotiate a Case that has Previously Settled?

Published on: September 20, 2016 | By Davis Law Center

Some people work to negotiate a settlement on their own, only to find that the amount did not sufficiently cover their damages. They may wish to re-open negotiations to try to get more for their injuries. Unfortunately, once a case has been settled, that makes a case final. This is why it is vital that a person speak with a personal injury lawyer before signing any settlement documents. An attorney can review any offers to make sure that they are fair for the injured party.

There is nothing more frustrating than speaking with a client only to find that they have already settled their matter. It is heartbreaking to learn that a person needed surgery, physical therapy, or other expensive procedures that they thought could be avoided. Sadly, because they accepted a settlement offer, they now must pay for these treatments out of pocket. These treatments need to be covered by any settlement or verdict.

An experienced personal injury lawyer can review a settlement offer relative to a person’s injuries and ensure that is it a fair amount. A settlement offer needs to cover any future medical treatments that may be needed. For example, a person with a back injury may ultimately need a spinal fusion to correct their injuries. A settlement offer needs to take this into account and properly compensate a person for this potential surgery.

The Importance of Seeing a Doctor as Quickly as Possible

Published on: September 13, 2016 | By Davis Law Center

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.

Who Ultimately Decides the Amount for my Injuries?

Published on: September 7, 2016 | By Davis Law Center

One of the tricks the insurance company tries to play with an injured person is to convince the person that the insurance company isn’t liable. They try to convince the injured person that they were actually at fault for injuries and they won’t get anything from a jury. The may try to use this argument to bully the injured person into accepting a low-ball settlement offer, telling the person to “take it or leave it.” Ultimately, the jury has the final say in who is at fault and just how much the other party should get (if anything). A personal injury lawyer can fight to get you the money you need and work to convince a jury that the other party was negligent.

This right to a jury trial is actually included in the Bill of Rights. This is how important our Founding Fathers saw this right. Were it not for the right to a trial by jury, injured parties and those of limited means would get steamrolled by the rich and by big corporations. The civil justice system provides an equal playing field for all parties involved, allowing a jury of our peers to ultimately decide the merits of a particular case.

If the insurance company has denied responsibilities for your injuries or is trying to bully you into accepting a low settlement, a personal injury lawyer can fight to get you the money you deserve. Before allowing yourself to be bullied after your car crash, slip and fall, or other negligent injury, work with an attorney who will fight for the money you deserve.

Examining Truck Accidents with an Experienced Lawyer

Published on: August 26, 2016 | By Davis Law Center

When someone has been injured in a truck accident, it almost always results in serious injuries. Since truckers are governed by unique laws, it is vital that an experienced attorney review the facts of your case in order to maximize the chances of a positive outcome.

As a Detroit truck accidents lawyer, I see varying degrees of accidents and some of the most severe are between a small vehicle and a commercial truck. Most motor vehicles weigh a few thousand pounds, but did you know that a fully-loaded commercial truck may weigh 70,000 pounds or more? Obviously, the extent of injuries in such an accident may be astronomically bigger.

In a truck accident, not only can the driver be held liable for his or her actions, but the trucking company may be liable as well. Multiple parties may be responsible for covering your losses in such an accident.

The Importance of Uninsured Motorist Coverage in Michigan

Published on: August 22, 2016 | By Davis Law Center

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.

Can a Personal Injury Attorney Guarantee Success in a Case?

Published on: August 17, 2016 | By Davis Law Center

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.

The Importance of Immediately Contacting a Detroit Motorcycle Accident Attorney

Published on: August 7, 2016 | By Davis Law Center

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.