Kalamazoo Personal Injury Lawyer

You may get hurt as a result of someone else’s negligence. If this happens, you may be eligible for compensation from the at-fault party. A personal injury lawyer in Kalamazoo may be able to help you file a claim against this party. 

At White Law PLLC, we offer legal help in personal injury cases. A Kalamazoo personal injury lawyer is available to review your case. To get started, contact us today.

Personal Injury Definition

In terms of law, personal injury refers to a case in which a person seeks compensation from someone who harmed them. There are many types of injury cases. These include:

• Car accident
• Medical malpractice
• Motorcycle accident
• Premises liability
• Truck accident

You do not have to hire a Kalamazoo personal injury lawyer to pursue damages, but doing so may be beneficial. Working with an attorney who has achieved outstanding case results may help you get the most compensation possible from anyone who caused your injury. Plus, your lawyer can guide you through the legal process and help you avoid mistakes along the way.

Personal Injury Costs

The U.S. Centers for Disease Control and Prevention (CDC) reported the cost of injury nationally was $4.2 trillion in a given year. If you get hurt, the financial impact of your injury may be significant. Your injury may affect you in several ways.

For instance, you may be unable to earn money until you heal from your injury. Also, you may be forced to deal with expenses to address your health issues. Your injury may disrupt your relationships with family and friends, causing pain and suffering. 

Injury costs may not disappear on their own. If you are dealing with an injury caused by another party, you may want to pursue legal help. Then, you may be able to seek compensation as part of an injury claim. 

What to Do If You Suffer an Injury

If you are involved in an accident that leads to an injury, it may be best to try to remain calm, cool, and collected. At this point, you cannot change the fact you were injured, but you can control how you respond to this difficult situation. Here are tips to help you address your injury and avoid further harm:

• Call 911. After you call 911, police officers and medical professionals will come out to assist you. 
• Gather evidence. Use your smartphone to capture photos and images of your injury and other proof from the accident scene. 
• Speak to witnesses. If anyone saw your accident happen, get their contact information since these individuals may be able to provide statements you can use to support your claim for compensation.
• Go to the hospital. Instead of attempting to “tough it out,” receive medical treatment so you can prevent your injury from getting any worse. 
• Connect with a Kalamazoo personal injury attorney. Discuss your case with a lawyer, and they can go over your legal options with you. 

At White Law PLLC, our legal team has a wealth of injury case experience. We can help you decide if now is the right time to file a claim against an at-fault party. To learn more, reach out to us.

Personal Injury Liability

The party responsible for an injury depends on the case. There may be times when the at-fault party is easy to identify and others where it may be challenging to identify who is accountable. Examples of defendants in injury cases include:

• Business owners
• Car or truck drivers
• Doctors or other medical professionals
• Government entities
• Property owners

If you are injured in a hit-and-run or any other type of accident, it may be helpful to hire a lawyer. You can work with a personal injury lawyer in Kalamazoo who puts your best interests front and center. They can help you figure out who is responsible for your injury and prove they were 100% at fault.

Proving Negligence in an Injury Case

To receive compensation in an injury case, you must prove a party was at fault. This requires you to show this party was negligent. There are four elements of negligence you must verify were present at the time your injury occurred:

• Duty of Care: An at-fault party was legally obligated to act in a cautious and reasonable manner toward you and others. 
• Breach of Duty of Care: The party violated their obligation and decided to act carelessly and recklessly. 
• Causation: You got hurt due to the fact that the party broke their duty of care.
• Damages: You are dealing with subjective or quantifiable losses because of the party’s actions. 

A personal injury attorney in Kalamazoo understands the evidence needed in distracted driving accident cases and similar legal matters. They may help you build a body of proof. That way, your lawyer may be able to compel a judge or jury to award you all of the damages you request.

Personal Injury Case Evidence

Just because you say someone caused you to get hurt is not enough to prove negligence. You may need many pieces of evidence to support your argument. Evidence you may use in your injury case includes:

• Accident Report: Police may provide you with an accident report that includes details about what happened that led to your injury. 
• Medical Records: You may share medical records that highlight the severity of your injury. 
• Pay Stubs: If you cannot work, you may use your pay stubs to show the financial impact of your injury. 
• Witness Statements: Witnesses may offer statements to explain what they saw when you suffered your injury. 

Your attorney can collect and evaluate evidence with you. They may use your proof to craft an argument that shows a judge or jury you are in no way responsible for your injury. Your proof may also lead the defendant in your case to offer a fair settlement. 

Statute of Limitations for an Injury Claim

According to Michigan Compiled Laws §600.5805, there is a three-year statute of limitations for an injury claim. This means you may have up to three years from the date your injury occurs to seek compensation from anyone who caused it to happen. If you wait more than three years, you may not be able to file a claim. 

You may not actually have to ask for compensation from an at-fault party to get damages to cover your injury-related losses. For example, you may get into an auto accident caused by a negligent driver. Even though the other motorist is at fault, you may be covered under your own insurance policy. 

Michigan is a no-fault insurance state. If you get into an accident, your insurer may cover your losses, regardless of who is at fault. This may allow you to get compensation you can use to fully recover from your injury.

Insurance Claim for an Injury

If you get into a car accident or are involved in another type of injury case, you may be able to submit a claim through an insurance company. In the best-case scenario, the insurer will cover your losses. This will give you the compensation you need to treat your injury and handle any other losses. 

In some instances, an insurer may not offer the compensation you want, or your losses may exceed those covered by your insurance policy. In either of these instances, you may have to pursue damages from an at-fault party through an injury lawsuit.

An attorney can help you file a lawsuit and offer tips to increase your personal injury settlement. They may negotiate on your behalf in the hopes you can get a settlement without having to go to trial. If your case requires a trial, your attorney will represent your best interests, advocate for you, and protect your legal rights in court.

Personal Injury Damages 

You may be eligible for non-economic and economic damages in your injury case. Non-economic compensation is subjective, and economic damages are quantifiable. Damages you may be able to get in your case include:

• Lost wages
• Medical bills
• Property damage
• Pain and suffering

Punitive damages may also be awarded. These are given out to deter an at-fault party from committing future acts of negligence. A judge or jury determines if you will get punitive damages in Michigan in conjunction with non-economic or economic compensation. 

Comparative Fault in an Injury Case

Michigan has a comparative fault statute in place. Based on this, you may be found partly responsible for your injury. If this occurs, you may be ineligible for damages or get only a fraction of what you initially requested. 

As an example, a judge or jury may say you are 51% at fault for a car accident. In this example, the judge or jury states you are primarily responsible for the incident. Therefore, you cannot be awarded any damages.

On the other hand, a judge or jury may find you are 20% responsible for an auto crash. You share fault for the incident but can still receive damages. At this time, you may get 80% of the damages you originally requested. 

Personal Injury Case Tips

You may believe you have a compelling argument, but anything can happen during your injury case litigation. If you are not careful, you risk compromising your case to the point where a judge or jury may rule in the defendant’s favor. There are many things you can do to strengthen your case, such as:

Preserve Evidence

Evidence may make or break your injury case. Your attorney can collect and examine a wide range of proof with you. They may help you determine how to present your proof in a way that makes it clear to a judge or jury you deserve to be awarded damages. 

Continue to Receive Medical Care

If a doctor recommends follow-up appointments relating to your injury, follow through with them. Otherwise, you may put your health in danger. With each appointment, track your medical care and expenses since this may help you further enhance your body of evidence. 

Do Not Accept Responsibility

An at-fault party may pressure you to take some or all of the responsibility for your injury. You should not accept the blame for your injury, as doing so may hurt your chances of getting compensation. It may be a good idea to let your Kalamazoo personal injury attorney speak on your behalf, which may help you avoid saying something that could damage your case. 

Be Careful About What You Publish on Social Media

You may want to update your family and friends about your injury. When you do, you may want to avoid social media. If you are not careful about social media and your personal injury claim, you may inadvertently publish photos or videos that the defendant, in your case, may use against you.

Do Not Approve a Lowball Settlement

You may be tempted to approve a settlement proposal, so you will be able to get compensation you can start using right away. If a settlement offer is far less than what you want, you do not have to approve it. You may decline a settlement and keep working with your lawyer to make your case as strong as possible.

An attorney can help you navigate the legal process. They can answer frequently asked questions and any other questions you may have during your litigation. Your lawyer may provide tips, recommendations, and insights you can use to achieve your desired case result.

Injury Case Settlement

You may receive a settlement offer at any point before your trial. An attorney will notify you about a settlement proposal and explain what it entails. They will not decide on a settlement for you and, instead, discuss the ramifications of any decision you make. 

If your attorney believes a settlement does not provide you with enough compensation, they will let you know. You have the final say on what to do with a settlement offer. If you are satisfied with a proposal, you can approve it, even if your lawyer encourages you not to accept it. 

There is no telling how long it takes to settle a car accident claim or any other injury case. No matter what you decide to do with a settlement offer, your lawyer will assist you in any way they can. Your attorney can address any concerns or questions you have about a proposal and help you make an informed decision about it.

File a Personal Injury Claim with a Kalamazoo Personal Injury Attorney

White Law PLLC is a full-service Michigan law firm, and we are committed to fighting for our clients. A Kalamazoo injury lawyer is here to help you with your case. To schedule a free case consultation, contact us today.