All over the world, just as there are people who are careful with their actions, lest they hurt those around them, there are also people who do not pay attention to how their actions affect other people. Some would even deliberately harm others, and like the rest of the world, Detroit has its fair share of these kinds of people.
These acts often cause physical and/or psychological harm to their recipients. People need to be held accountable for their actions (deliberate or inadvertent), therefore, personal injury law was created.
At their core, these laws are the same all over the country. However, certain practices are employed in some individual states. We’ll be examining the laws that bind Detroit personal injury lawyers.
Proving Your Negligence Claim in Michigan
The first thing for a plaintiff to do after hiring a personal injury attorney is to determine if they have a case. When a person feels like they’ve been wronged, it might be easy to quickly decide to take legal action against the alleged injurer for compensation. However, they may find out that Michigan’s conditions for a personal injury lawsuit haven’t been met.
Therefore, it is important to prove, beyond a reasonable doubt, that the injury you’ve suffered was inflicted by another and that you deserve compensation for it. Essentially, there are four questions that you’ll need to answer to prove that you have a case.
The first question tries to determine if there is negligence. So, you’ll be asked if the defendant was responsible for your safety.
The second one is to determine if there was an agreement between you and the defendant before your injuries, one that has been violated by the defendant’s actions.
The third establishes whether or not the defendant is responsible for your injuries.
Lastly, you’ll be asked a question to determine if your injuries match the defendant’s actions. These four questions are collectively known as the “four factors of negligence”.
Statute of Limitation for a Personal Injury Lawsuit in Michigan
After a certain amount of time has passed, filing a personal injury lawsuit will no longer be accepted in court. The statute of limitation is the amount of time allowed (from time of injury to the lawsuit) to pass before a lawsuit is filed.
In Michigan, a defendant has three years to file a personal injury lawsuit. The countdown normally begins from the day of injury. However, an exception is allowed if the injury isn’t immediately detected. In this case, the countdown can begin from the moment it is detected.
If you’re suing a government agency, the window for a lawsuit is open for just six months, unless your injury claim is ignored or denied. If that happens, you’ll be allowed two years to do so.
Michigan’s Rule of Comparative Negligence
It is not unusual to meet with some resistance when you file a personal injury claim against someone. They may claim you are partially or completely responsible for your injuries.
If the plaintiff shares some blame for their injuries, their compensation is reduced. However, if the plaintiff is found to be at least 50% responsible for their injuries, the compensation will be ruled out completely.
Car Insurance Laws in Michigan
In Michigan, it is difficult to receive compensation for injuries that are suffered as a result of a car crash. In fact, Michigan’s personal injury law prevents car crash victims to go to court unless there is severe deformity or death.
Regardless of where the fault lies, the parties involved each cover all the resulting bills.