Ann Arbor Personal Injury

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Michigan's personal injury statutes are similar to personal injury laws in many other states. A valid personal injury case must clear a certain set of standards in proving that another party caused the injury and was "negligent" in that their actions caused an "unreasonable risk of harm." The burden of proof for unreasonable risk includes the following:

  • The person causing the injury had a responsibility of care in preventing hazard or injury
  • The person did not exercise the proper amount of care necessary to avoid or prevent an injury in the circumstances of the case
  • A direct connection needs to be shown between the other person's conduct or negligence and the injury
  • An injury was suffered, and damages can be shown or proven.

As in a lot of other states, a "comparative negligence" formula has been worked into Michigan personal injury law. The concept of comparative negligence allows the plaintiff to collect damages against the defendant even if he shares part of the burden of negligence himself. The amount of damages recovered will be adjusted according to the way the negligence is parsed out. In other words, if the plaintiff can be shown to be 10% responsible for the injury (in the event of, say, a rear-end collision where he pulls out without using a turn signal to show a lane change), he can only collect 90% of the damages he seeks. If the plaintiff is 90% responsible (say, falling off a ladder while standing on the topmost rung), he can only collect 10% of the monetary damages. 

Ann Arbor Product Safety Law In Michigan

Michigan has a set of laws related to consumer product safety. Under certain circumstances, there's legal recourse to sue the manufacturer of a product under a products liability theory, if it can be shown that the product was not reasonably safe to use. The conditions for product liability are as follows:

The product either had a defect of some sort, or did not come with adequate warnings which would have made it "reasonably safe" for the consumer.

The defect or lack of warnings are directly tied in to an injury.

Injury was suffered, and damages can be shown or proven. 

Going after a third party in such cases is often looked down on as an abuse of the legal system (by going after companies that have deep pockets to settle claims). In fact, though, product safety suits also have the effect of keeping companies aware of their responsibilities in making and marketing safe products. It also sets the bar as to what the general public and consumers will and won't accept in terms of product safety and gives consumers somewhat of a say in these matters.

Calculating A Claim In ANN ARBOR

Personal injury claims in the state of Michigan are tabulated along the following guidelines:

  • An estimate of past, current and future medical expenses, including doctor's bills, hospitalization, physical therapy, rehabilitation, chiropractic, etc
  • Lost time from work, which includes time tied up in medical appointments, hospitalization, physical therapy, rehabilitation, etc.
  • Any property that was damaged, such as your vehicle, house or anything else
  • Cost of employing someone to take over household chores when the plaintiff was not able to do them himself
  • Any sort of permanent disfigurement or disability, including scars, plastic surgery, etc.
  • Reduced earning ability in future years, tied directly back to the injury itself
  • Job retraining if the plaintiff cannot return to his original job due to the injury
  • Emotional distress, which can include depression, shock, fright, anxiety, or interference with family or personal relationships
  • Physical pain and suffering
  • Mental anguish
  • Any number of other miscellaneous costs tied in to the injury.

 

Of course, many of these costs are subjective; that's where personal injury lawyers come in to hammer out such figures. As in most other states, most personal injury cases never even make it to a jury trial and are settled out of court between insurance companies and attorneys.

Plaintiff's Responsibilities

It's up to the plaintiff to have a good case going into a personal injury suit. The following are all good ideas:

  • Talking to a personal injury attorney before making any statements to insurance companies or adjusters
  • Preserving the evidence of the incident, including photographs of a totalled car, clothes worn at the time of the accident, damaged personal belongings, medical reports, etc.
  • Letting the person responsible know that a personal injury suit will be coming
  • Collecting the names, addresses and phone numbers of everyone involved, including the person responsible, police officers, witnesses, medical personnel
  • These are all steps that can help make sure that a personal injury claim is settled as quickly and fairly as possible.
  • Statute of Limitations

Many states impose a one-year statute of limitations on personal injury cases; in Michigan, there's a three-year window to pursue personal injury.

 


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Recent Sample Questions to the Legal Line

  • I was travelling last month and there was snow on the ground. The motel owner had the parking lot plowed later that morning while we my family and I were attending a funeral. Later that same night rain and froze over. The next morning my daughter falls on the icy steps that were not treated. The person at the front desk laughed and talked to another person there in another language. We check out. On the way home my daughter starts complaining of her back hurting badly. My husband calls back up and says our daughter is in pain due to their negligence of not putting salt down on the ice. They say that they had a paper that had to be filled out. Why didn’t they tell me that earlier? We were already checked out and there was nothing they would do. I take my daughter to the hospital the same night and the doctor said she has bad muscle spasm in her back and put her on medication. She is still hurting to the point she cannot sleep at night. What is her right as a fall victim?
  • My ex boyfriend and I were in a domestic violence situation where I went to the hospital. While there I found out he had beaten me so badly that he broke my bone underneath my eye. He went to jail where he stayed 24 hrs. I was told we would have to go to court. I have not seen or heard from anyone since. Where may I go to review the outcome and next steps? I don’t want anything to do with this person. He does not know my whereabouts. What is my next step and what are my rights?
  • I sent my child to school with a new prescription that her doctor said needed to be taken at school. I talked to the office in person about the medication. The directions on the bottle were take 1 tablet at 2pm. That day the office worker misread the directions and gave my daughter 2 tablets at 2pm. My daughter had several reactions like headache, dizziness, pain in her jaw and was very sick to her stomach. I spent the evening at Children’s Hospital with her under observation. She is still sick to her stomach. Anything I can do?
  • Should I talk to an Ann Arbor personal injury lawyer about this? An employer accused me of a felony without substantial proof. Is this defamation, and or slander? I am a 31 year employee of this company and the longest standing female member.

*Always consult a legal professional in person before taking any legal action related to your case or situation.

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